Overseas events terms and conditions

Please read carefully the Terms and the Conditions of Contract. In completing and submitting the Booking Form, you agree to be bound by these conditions which constitute the agreement between World Expeditions Limited (“WE”) and you. These conditions apply to the exclusion of any other terms or conditions unless they are set out in the Booking Form or are otherwise agreed to in writing by the parties. Previous dealings between the parties will not vary these conditions. No variation of these conditions will be effective unless in writing and signed by a person so authorised by World Expeditions.

How to book

• Booking is effected when the charity and WE accepts from you a completed booking form and payment of the deposit.
• If the balance is not paid by the specified date, your booking may be cancelled without notice and the cancellation charges set out in condition 3 will be levied.
• Payment of the balance or the full tour price may be made by cheque, cash, Switch or Debit Card without surcharge.
• If payment of the balance or the full tour price is made by credit card, WE will charge you a 2% surcharge.
• If a booking is made after the balance of the full tour price is payable, the booking is effected when WE agent accepts from you a completed booking form and payment of the full tour price.
• If an airline requires payment of the full airfare plus taxes more than 60 or 90 days (as applicable) before departure, WE will notify you and require payment.

Amendments/Transfers

You may change your original arrangements or transfer to another tour (which departs within 12 months of the original departure date), provided you notify the charity and WE in writing. Any change will incur a £50 administration fee. In any such case the following charges will apply:

• (a) between time of booking and 60 days prior to departure - £50 plus any applicable airfare charges;
• (b) between 59 days prior to the date of original departure and day of original departure - charges in accordance with the cancellation fees set out in condition 3.

Cancellations

If it becomes necessary to cancel your tour, you may cancel your trip by notifying the Charity and WE in writing. Upon receipt and acknowledgement by us of your written advice, cancellation will take effect. The following charges will apply for which you are personally responsible.

• More than 60 days Loss of deposit and insurance premium;
• 60 – 30 days 50% and insurance premium;
• 29 days or less 100% and insurance premium
• 3.2 In these booking conditions ‘the cost of the tour’ includes the cost of any extras booked for that tour. No partial refunds or credit will be given for services not used. Any amount forfeited, which has not then been paid to WE, may be recovered from you by WE as a debt due and payable. We strongly recommend that travel insurance be instigated at the time of booking.

Health and fitness requirements

• At the time of registration, WE will forward you a medical questionnaire to be completed by either you or your doctor. The medical questionnaire must be completed by your doctor if
  (a) you are aged 50 or over;
  (b) you have any pre-existing medical condition; or
  (c) the proposed tour is graded challenging, strenuous or mountaineering.
• You must return the medical questionnaire, signed by your doctor (if applicable), at least 60 days prior to departure.
• If you suffer from severe muscular, chest, heart or bronchial disorders, are a severe asthmatic or have high blood pressure, you are strongly advised against taking the tour.
• If it is required that your doctor complete the medical questionnaire and you fail your medical, a full refund of the amount paid will be given providing that WE has received your completed medical questionnaire within 14 days after booking.
• Tours generally take place in remote areas where there is little or no access to normal medical services or hospital facilities for serious problems. Where necessary, evacuation can be prolonged, difficult and expensive. Medical and evacuation expenses will be your responsibility. WE reserves the right in its absolute discretion to refuse you the right to participate in a tour on medical or fitness grounds.

Medical disclosure

• You declare and warrant that
  (a) you are in good health and mental and physical fitness at the time of booking this tour;
  (b) you have disclosed to WE every matter concerning your health and mental and physical fitness of which you are aware, or ought reasonably be expected to know, that is relevant to WE decision to permit you to go on the adventure tour;
  (c) immediately upon any adverse change in your health or fitness that may be likely to affect WE decision to accept the risk of permitting you to go on the adventure tour, you will notify WE in writing of any such adverse change.
• You acknowledge that the obligation to disclose under this condition continues from the time of booking the tour through to departure and extends for the duration of the tour.
• If you fail to comply with the duty of disclosure in this condition and if WE would not have permitted you to undertake the tour, or continue participation of the tour, had you made full disclosure under this condition, WE will not be liable for personal injury, death or property damage or loss incurred by you. However nothing in this clause excludes or limits WE’s liability for fraud, or for death or personal injury which arises as a result of WE’s negligence.

Changes or cancellation of tour

• WE reserves the right to:
  (a) change the date of departure or conclusion of the tour; or
  (b) modify any aspect of the tour; or
  (c) cancel or modify any routes within the tour or objectives set out in the itinerary; or
  (d) substitute different or equivalent routes within the tour in place of cancelled or modified routes; or
  (e) postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the tour) any such aspect of the tour; if, in the absolute discretion of WE, it is necessary to do so due to inclement weather, snow or icy conditions or conditions that are otherwise likely to be hazardous or dangerous or due to any other adverse or threatening conditions whether political or military or terrorist or otherwise or in the case of any real or perceived health risk (including SARS or bird flu) or if, in the absolute discretion of WE, there is a likelihood of any such event occurring which may impact upon the safety of the participants, or if an act or omission of a third party prevents the tour or the aspect of the tour being undertaken in accordance with your booking.
• WE also reserves the right, in its absolute discretion:
  (a) to cancel or modify any tour due to any government travel warning or advice, or any change in such warning or advice. Condition 3 applies in respect of the cancellation or modification of a tour. Travel insurance may compensate you depending on the circumstances; or
  (b) to change, at any time, the nominated tour leader of any tour, in which event WE will try to ensure that the new tour leader has expertise commensurate with that of the nominated tour leader.
• Any such change by WE will not give rise to a right on your part to cancel the tour or claim any expenses, loss or damage which you may suffer.
• In the event of any change, modification, cancellation, postponement or delay under this condition, you acknowledge that you will have no right of refund of the tour price (whether in whole or in part) and no right to claim compensation for any injury, loss or damage or other additional expenses incurred by virtue of the change, modification, cancellation postponement or delay.
• If any such change, as contemplated by condition 8.1, whether before or during the tour, necessitates additional costs (including accommodation, flights or ground transportation) to be charged, you agree that you will pay these additional costs as reasonably required by WE.

Tour price

• Package prices are based on ground costs, airfares, exchange rates and assumptions made at the time of releasing this charity adventure. WE tries its utmost not to increase tour prices, however, due to external factors, sometimes increases are outside its control. WE reserves the right to modify tour prices (or any part) without notice at any time before and including the departure date.
• Modifications may be necessitated for many reasons including, but not limited to, exchange rate fluctuations, increased fuel costs, airfares, airport charges, increases in ground operator service fees, or the need to engage alternative air or ground operators.
• Any increase in tour prices must be paid prior to the departure date.

Insurance

• Before you travel with WE, you must either:
  (a) take out a policy under the travel insurance scheme offered by WE; or
  (b) take out a policy of travel insurance which is acceptable to WE.
• To be acceptable to WE, a policy of travel insurance must:
  (i) be valid for the entire duration of the tour; and
  (ii) cover you for emergency/helicopter rescue, repatriation and cancellation.
• You agree that it is your responsibility to check the adequacy and validity of any insurance policy effected by or on your behalf and to provide WE with a copy of your policy prior to departure.
• Personal travel insurance is not included in the tour price.
• If your charity challenge includes flights booked through WE, Airline Failure Insurance (AFI) is mandatory and will be included into the cost of your flight booking.

Cancellation due to booking numbers

• After consultation with the charity World Expeditions reserves the right to cancel any tour prior to departure in the event that there are too few people booked on a tour in which case you will be given a full refund of the tour price paid by you. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damage (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation (including but not limited to visa, passport and vaccination charges, or departure, gear purchases, airport and airline taxes).
• The operational status of your tour will be advised 60 days prior to the start date of your tour. We advise against paying for your international flights until your trip has been confirmed to oper11. AIRLINE RESPONSIBILITY CLAUSE
• This charity adventure is not issued on behalf of and is not in any way binding upon any airline whose services are used in connection with WE’s tours.

Airline condition of contract

Any flights forming part of your tour will be subject to the general conditions of carriage and contractual conditions of the airline concerned. Flights will also be subject to international law which may limit the airline’s liability to passengers in respect of death or bodily injury, delay or damage to baggage. WE reserves the right at any time and without any notice to change airlines if WE considers it necessary to do so.

Assumption of risk

• You acknowledge that:
  (a) by the very nature of adventure travel and trekking holidays, they are more challenging and demanding with a commensurately higher level of risk compared with conventional holidays; and
  (b) the additional dangers and risks associated with adventure travel may include difficult and dangerous terrain; high altitude; extremes of weather, including sudden and unexpected changes; political instability; remoteness from normal medical services and from communications; and evacuation difficulties in the event of illness or injury; and
  (c) the enjoyment and excitement of adventure travel is derived in part from the inherent dangers and risks associated with adventure travel and that those inherent dangers and risks are a reason why you wish to undertake the adventure tour;
  (d) the very nature of the adventure travel undertaken by you may require considerable flexibility on your part, necessitating alternative arrangements to be made to the itinerary at short notice; and
  (e) you have submitted your booking for the tour after giving due consideration to relevant travel information including, without limitation, any information or advice issued by the British Foreign Office and that it is your responsibility to acquaint yourself with that information or advice.
  (f) In the countries and regions in which adventure travel is undertaken, standards of accommodation, transport, health care, hygiene, safety and service provision generally are often not as high as those standards in your country of residence and may require flexibility and patience on your part; and
  (g) operational control of the tour may be in the hands of a third party and that your right of action in regard to any shortcomings of that third parties’ performance is against the third party and not against WE.
• For the above reasons you therefore accept the inherent and increased dangers and risks associated with the proposed tour and the accompanying risk of injury, death or property damage or loss.

Release of waiver of reliability

• In consideration of WE accepting your booking application and in consideration of you being permitted by WE to join the tour:
  (a) you release WE and its officers, employees, agents, licensees, guides and other representatives and the land management authorities in the countries in which the tour is conducted (each of whom are collectively referred to as “WE and its employees”) from all financial or economic cost, liability, loss or damage or damage to or loss of your property incurred or suffered by you directly or indirectly during the course of the tour. WE shall not be liable for personal injury, illness or death unless caused by the negligence or wrongful act of WE and its employees; and
  (b) you waive any claims you have, or may at any time have, against WE and its employees and you agree, by accepting the additional inherent dangers and risks associated with the tour, not to make any claim against or seek any compensation from WE and its employees in respect of any personal injury, illness or death suffered by you (unless such death or personal injury is caused by the negligence of WE) or damage to or loss of property sustained by you as a result of your participation in the tour.
• If, despite the release and waiver given under this condition, WE is found to be liable for damages to you, you agree that the maximum amount of such damages will be limited to the price paid for the tour. Any damages or compensation are further limited by the Warsaw Convention as amended by the Hague protocol 1955 (air), the Athens Convention 1974 (sea), the Berne Convention 1961 (rail), and the Paris Convention 1962 (hotel accommodation). In the event that WE makes any payment to you in respect of any damages claim brought by or on your behalf, you must assign to us or our insurers, as we require, all your rights to pursue any third party and you must provide all reasonable cooperation to us and our insurers in relation to the pursuit of any claim.
• You accept that the release and waiver contained in this clause 12 is reasonable given the nature of the tour and given the wide availability of travel insurance and you agree to check the terms of your travel insurance policy to ensure that it provides adequate cover.
• Nothing in these terms and conditions shall exclude or limit WE’s liability for fraud, dishonesty or willful concealment.

Disclaimer

You accept that:
(a) WE acts as a booking agent for third party tour operators and accepts no liability for the acts or omissions of those third party tour operators; and
(b) WE will not be liable for any breach of any law by any person with whom you travel on the tour; and
(c) You may not rely on any represents concerning the tour made by WE which are not contained in these Conditions.

Land only clients

In respect of land-only clients (meaning those people not starting with the group from the UK), our responsibility does not commence until you have met our representative at the appointed time at the designated meeting point. If you fail to arrive there at the appointed time, we shall not be responsible for any additional expenses incurred by you in order to meet up with the group. Land only clients are not covered under our ATOL license.

Passport, VISA and vaccinations

It is entirely your responsibility to obtain the relevant medical advice and vaccinations and make all other necessary preliminary arrangements including compliance with visa requirements, and we accept no responsibility whatsoever in the event that these matters are not dealt with prior to departure. Your passport must be valid for at least 6 months after the date of your return. The following items are excluded from the tour price:
(a) personal travel insurance;
(b) visa, passport and vaccination charges;
(c) departure, airport and airline taxes (in some countries other than the UK);
(d) extra meals, transport costs, accommodation costs, or other expenses not included in the itinerary;
(e) laundry, postage, personal clothing, medical expenses & items of a personal nature;
(f) emergency evacuation and/or emergency search charges; and
(g) tips and excess baggage charges.

Information

Any information or advice provided by WE on matters such as permits, government travel advice or warnings, visas, vaccinations, climate, clothing, baggage, special equipment, is given in good faith but without any responsibility whatsoever on the part of WE. You accept responsibility for obtaining all necessary travel information and documentation required for the tour.

Arbitration

Any complaint arising out of your tour must be brought to the attention of the local WE agent or representative. Your complaint should be made in writing within 24 hours of the cause of the complaint and signed by the WE agent or representative confirming that it was brought to his or her attention. If your complaint is not satisfactorily resolved and you wish to pursue the matter on return from your tour, you must submit your written complaint to us within 14 days of your return. WE will not be liable in relation to any complaint or problem if you fail to notify the WE agent or representative during the tour or WE upon your return, strictly in accordance with this condition. If a resolution of your complaint cannot be achieved, you may refer the dispute to arbitration under a special scheme which provides for a simple and inexpensive method of dispute resolution administered by the Chartered Institute of Arbitrators. This scheme is not applicable to claims for amounts greater than £1,500 per person or £7,500 per booking form, nor to claims involving personal injury or illness. The rules of the scheme provide that the application for arbitration must be brought within 9 months after the date of he return of your tour but in special circumstances may brought outside this period.

Authority on the tour

By signing the booking form you agree to accept the authority and decisions of WE employees, tour leaders, agents and suppliers during the tour. If, in the opinion of any WE representative, your health or conduct appears likely to endanger the progress of the tour or other participants you may be excluded from the whole of, or part, of the tour. In the case of ill-health, WE reserves the right to make such arrangements for your well being as deemed necessary and to recover the whole of the costs thereof from you. If you commit an illegal act WE ceases to have responsibility to or for you.

Your financial protection

WE holds an Air Travel Organiser’s Licence granted by the Civil Aviation Authority. WE’s ATOL number is ATOL 4491. In the unlikely event of WE’s insolvency, the CAA will ensure that you are not stranded abroad and will refund any money you have paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk. Our ATOL bond covers all our holidays and Charity Adventures which include air travel. The WE Client Trust Account covers tours booked as ‘land only’ arrangements. If you are a land only client in the event of airline insolvency we recommend you take out, and claim from, your Airline Failure Insurance provider.

The contract

This contract (including all matters arising from it) is subject to English law and the exclusive jurisdiction of English courts.

Ultimate Travel Company (UTC) of 27 Vanston Place, London, SW6 1AZ Atol:5111 

These are the terms and conditions of the Tour Operator which apply to those who are advised by the charity or the trading company of the charity, known hereinafter as “the charity”, that they will be participating in the fundraising event. Please refer to the charity’s own terms and conditions regarding your sponsorship and eligibility to travel. Only those potential participants who qualify under the charity’s rules will be entitled to travel. For those selected to travel, then the following conditions will apply:

1. Your contact with the tour operator

If you are selected to take part in the fundraising event, we will be advised of your details by the charity. Your contract for travel, accommodation and other services (“your travel arrangements”) will be with us, the Tour Operator. If you are selected then we will confirm our contractual commitment to you by sending to you a confirmation invoice, together with the details of your travel arrangements and the itinerary that we have agreed to provide. It is only then that these terms and conditions will apply and a contract will exist between us, which is governed by English laws and the exclusive jurisdiction of the English Courts. Travel arrangements made by us which include

(i) flight and accommodation are fully protected under the company’s ATOL Licence Number arranged with the Civil Aviation Authority (CAA).

or

(ii) ferry and accommodation are fully protected under the company’s Travel Organiser Failure Cover (TOFC). This complies with the requirements of Regulations 16-21 of the Package Travel Regulations. Payment for your travel arrangements will be made to us by the charity from the sponsorship it has received in accordance with the charity’s terms for participating in the fundraising event.

2. The price of your tour

(i) The cost of your participation in the fundraising event forms a part of the overall value of the sponsorship raised by you and received by the charity. From those sums received by the charity, the charity will pay to us the cost of your travel arrangements that we are agreeing to provide.

(ii) We reserve the right to increase the price of your travel arrangements to allow for variations in transportation costs (including the cost of fuel); dues, taxes or fees chargeable for services such as landing taxes and fees at airports and the exchange rate applicable to your travel arrangements. No price increase will be made within 30 days of your departure date and in any event, we will absorb any increase which equals 2% or less of the cost of your travel arrangements.

3. Helth safety and fitness and your insurance cover

The charitable event in which you will be participating is challenging and will require a good level of fitness, strength and endurance and it is your responsibility to ensure that you have the appropriate level. You will be requested to fill out a detailed medical form, which you should complete truthfully. If you are in any doubt of your fitness you should check with your doctor to ensure that you are sufficiently fit, healthy and mobile to participate in the event. You should take into account that medical and other facilities, particularly for those with any illness or infirmity, at your destination are likely to be inferior to those in the United Kingdom. Accordingly it is a compulsory term of travel that you take out travel insurance to cover any health or injury problems that arise and, if necessary, to arrange for your repatriation to the United Kingdom. You should also advise your insurer of any pre-existing medical condition before travel. Failure to advise this may invalidate your insurance cover.

4. Cancellation

(i) If you cancel your travel arrangements, then there will be no refund payable to you as your sponsorship was raised for charitable purposes. Any balance of the sum paid to us by the charity for your travel arrangements, after deduction of cancellation charges, which have been agreed with the charity, will be repaid to the charity.

(ii) Similarly, if we cancel your travel arrangements any refunds or compensation will be paid to the charity.

(iii) 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 over to the charity.

(iv) If cancellation occurs due to unusual and unforeseeable circumstances beyond our control, such as national emergency, natural disaster, fire, bad weather, flight or ferry delays or other such events (acts of force majeure), then we will advise you as soon as it is reasonable to do so.

5. DESTINATION SAFETY AND FORCE MAJEURE

Your personal safety during the charitable event is of fundamental importance to us and whilst we will carefully monitor the safety of your destination, the Foreign and Commonwealth Office do offer a travellers advice line, the details of which are 0207008 0232 or online www.fco.gov.uk/. You should ensure that you are kept informed of the latest FCO advice.

6. Alterations by the tour operator

(i) The Tour Operator and its supplier of flight, ferry, accommodation and land arrangements shall be entitled to change the details of your travel arrangements and itinerary. If a change is significant you will be advised as soon as possible and you will be entitled to:-

(ii) Cancel your participation in the event, in which case you agree that the cost of your travel arrangements will be repaid by us to the charity and you will have no entitlement to such sums; or

(iii) Agree to proceed with the revised arrangements for the Event

7. Standard and quality of accomodation and services

You should not have unreasonable expectations of the facilities that will be provided which in some remote areas and some destinations may be below what you might expect at home. The level of the standard and quality of your travel arrangements will be in line with the itinerary and any literature you receive from us.

8. Liability

(i) We accept responsibility for ensuring that your travel arrangements will be as described in literature produced by us, or on our behalf, in our Confirmation Invoice and with the itinerary and that the services we are contractually obliged to provide are to a reasonable standard. If in the reasonable opinion of the charity any part of your travel arrangements is not provided as promised we will pay appropriate compensation if this has affected the quality or structure of your travel arrangements. We accept responsibility for the acts and/or omissions of our employees, agents and suppliers (except for claims for death, injury or illness – see below).

(ii) The Tour Operator accepts responsibility for death, injury or illness caused by negligent acts and/or omissions of us, our employees, agents, suppliers and sub-contractors whilst acting within the scope of, or in the course of their employment in the provision of any part of your travel arrangements in the itinerary, that we are contractually obliged to provide. We will, accordingly, pay to an affected participant such damages as might have been awarded in such circumstances under English law. However, damages are not payable where any failure to perform the contract is due neither to any fault on our part or a supplier of any part of your travel arrangements or is attributable to you or unforeseen or unavoidable actions of a third party unconnected with the provision of your travel arrangements or unusual and unforeseeable circumstances beyond our control or an event which could not have been foreseen even if all due care had been exercised.

(iii) In respect of carriage by air, sea and rail and the provision of accommodation, the amount of compensation the Tour Operator may be obliged to pay will be limited in the manner provided by the relevant International Convention. Carriage by air is subject to the carriers conditions of carriage. In particular drunkenness or rowdy behaviour may lead to the airline refusing carriage when alternative flights may have to be arranged at your own cost.

9. Acceptance of risk

Your booking is accepted on the understanding that::

(i) You are aware that this is an adventure trip, in addition to the usual dangers and risks, some of which may include physical exertion for which you may not be prepared. Weather extremes. Remoteness from normal medical services.

(ii) You acknowledge that the enjoyment and excitement of adventure travel is derived in part from the inherent risk incurred by travelling and undertaking activities beyond the levels of safety normal at home or work, and these inherent risk contribute to such enjoyment and excitement, being a reason for your participation.

(iii) Your knowledge that the nature of this type of trip requires considerable flexibility and you must allow for alterations, changes to routes, schedules, transport etc. The outline itinerary for this trip is an indication of what the group may accomplish , and does not form a contractual obligation on the part of UTC. No refunds will be given for services not utilised.

10. Flights

Applicable only to challenges which include flight arrangements as part of the package:

(a) DELAYS: Most flights will be arranged with scheduled airlines which will usually provide refreshments, meals or accommodation where there is any substantial flight delay and when this is possible to arrange. The Tour Operator will not arrange these facilities if there is a delay at the outward or homeward points of departure if not offered by the airline or ferry company.

(B) FLIGHT CHANGES: Airlines may have to change aircraft without advance warning. You are asked to check carefully departure and check in times on your documentation when received to ensure that you arrive at the airport in sufficient time.

11. Passports, VISAS and health

You will be advised separately of any passports or visa requirements and any compulsory health requirements to enable you to participate in your travel arrangements. Please note that you will require a full British passport with at least 6 months unexpired at the date of return travel. For EC and other passport holders please contact the Tour Operator for special requirements.

12. Miscellaneous

This contract is governed by English law and the exclusive jurisdiction of the English Courts

Action Challenge UK Ltd – United House, North Road, London N7 9DP. Tel: 020 7609 6695 events@actionchallenge.com 

These booking conditions form the basis of Your relationship with Action Challenge Ltd a company incorporated and registered in England and Wales with company number 03825838 whose registered office is at Suite 2 Rosehill, 165 Lutterworth Road Blaby, Leicester, LE8 4DY (“We/Us”).

Please read these conditions carefully as they set out each party’s respective rights and obligations. Any Challenge Event You undertake is subject to the following booking conditions.

 1. DEFINITIONS

a. “Registration Deposit” means the non-refundable fee paid when signing up to the Challenge 

b. “Initial Payment” means the first payment made for a Split Registration Deposit

c. “Deposit Balance” means the remaining balance of the Split Registration Deposit, inclusive of any supplements

d. “Registration Form” means the online or paper form You are required to complete in order to secure Your place on the Challenge

e. “Challenge” means the trip or event You are registering for, which includes accommodation, vehicle transfers, meals, guiding services, flights (where booked) and all other services which We contractually agree to provide or arrange for You, as set out in the Challenge Manual

f. “Challenge Manual” means the document containing the full Challenge description, itinerary, kit list and others information

g. “Force Majeure” means any event or circumstance beyond the control of the person relying on Force Majeure, malicious acts of war, acts of god, government action and civil commotion

h. “Charity” means Your chosen Charity, specified on the registration link and confirmation correspondence, for whom You will be raising funds, and who will pay the Trip Cost

i. “Trip Cost” means the total basic trip cost advised at the time of booking, all airline fares and taxes, and any other amounts payable to Us for the Challenge as set out in these Booking Conditions

j. “Fundraising Target” means the minimum amount of money that the Charity requires You to raise in order to take part in the Challenge

k. “Package Travel Regulations” means 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)

l. “Departure Date” means the advertised date of departure, clearly stated in the Challenge Event title, confirmation correspondence and registration link. This date applies irrespective of whether or not You are arranging Your own flights

m. “You” and “Your” refers to the participant named on the Registration Form

 2. REGISTRATION

a. To enter this Challenge You must complete the online Registration Form or a paper Registration Form. On receipt of a completed Registration Form & Registration Deposit, You will receive confirmation of Your payment and a Challenge Manual containing full details of the event. Together these form a binding contract between You and Us which is subject to these terms and conditions.

b.  The Registration Deposit is non-refundable, except where:

i. you cancel your place in writing to us, within 14 days of registration, subject to a 15% admin fee

ii. the Challenge is cancelled by us, or;

iii. if, in the opinion of our doctor, Your completed Medical Declaration Form precludes Your participation in the Challenge and it has been returned to us within 30 days of Your initial registration. You should have a suitable travel insurance policy with curtailment cover to protect Yourself. Such cancellations are subject to an admin fee of 15% of the amount paid

 3. CHALLENGE MANUAL

a. Upon registration, You will be sent a Challenge Manual with all information about this Challenge (correct at the time of printing), either as an email attachment or via other online means, such as our Challenge App.

b. We may, as required, make changes to the Challenge Manual or trip documentation by electronic, written or other methods. You will be notified of any such changes via the e-mail provided during registration.

 4. CHALLENGE PRICE

a. We will guarantee the cost of all our suppliers in respect of Your Challenge once the Final Balance has been paid (by You or by a Charity on Your behalf).

b. We will absorb all airline taxes. However, any fuel surcharges levied by the airline are not included in the package price and will be invoiced to You by Us, (twelve) 12 weeks before departure, regardless of which Funding Option You have chosen, for payment by 10 (ten) weeks prior to departure.

c. We reserve the right to pass on to You, regardless of which Funding Option You have chosen, the cost associated with any new taxes and / or increases in existing taxes that are imposed after Your date of registration which directly impact the cost of Your trip. We will notify as soon as any such increases are known, and these will be invoiced to You, with payment due by 10 (ten) weeks prior to departure.

d. If, due to fluctuations in foreign currency rates or for reasons beyond our reasonable control, the cost of Your Challenge rises over 2%, then we reserve the right to increase the cost of Your Challenge.

e. If there is an increase in the price of Your Challenge of more than 9% as a result of any combination of the above 4(c) & 4(d) You have the right to cancel Your booking and receive a full refund. We will inform You of any surcharge or price increase in writing and if You wish to cancel Your booking then You must do so within two (2) weeks of receiving our letter or invoice or we shall assume You have elected to accept any surcharge or price increase and will be due for payment (ten) 10 weeks prior to departure, by You to Us.

f. If Your Challenge recruits less than its minimum required number of participants, we may still run the trip with a small group supplement of £150 to pay on top of Your Trip Cost. You can change Your date subject to clause 9, subject to any increase in flight costs added to Your total trip cost

 5. SPONSORSHIP FUNDED OPTION FOR A CHARITY PARTNER OF YOUR CHOICE

a. You will nominate Your chosen Charity on the online Registration Form and we will communicate with that Charity to seek their formal authorisation for You to raise sponsorship monies for the Challenge.

b. You should not start fundraising until You have received authorisation from Your chosen Charity.

c. With a Minimum Sponsorship option for the Charity that You have chosen, You are classed as a professional fundraiser and will be asked to sign an agreement with Your chosen Charity which will be sent to You by the Charity. You are required to raise at least a further sum in sponsorship, which is payable in two instalments.

d. The first instalment is due twelve (12) weeks prior to departure and equal to at least 80% of the Minimum Sponsorship. The second instalment is due two (2) weeks prior to departure which equates to at least the balance of the agreed Minimum Sponsorship. Both fundraising instalments will be payable to the Charity. Any additional fundraising completed beyond the due date of the second instalment, should be passed to the Charity as soon as is practicable.

e. The making or delivery of donations to the Charity do not purchase a place on a Challenge Event and are not payments towards the provision of any flight accommodation or other travel services.

f. All money donated to the Charity belongs to the Charity and is not refundable to You in any circumstances, unless agreed by the Charity or their Trustees.

g. Your place on the Challenge will be confirmed if:

i. You make or raise for the Charity donations equal to the fundraising target, as set out in clause 6(d);

ii. The Charity confirms Your place and commits to pay us for said place

h. If You are unable to reach the minimum sponsorship or instalment due dates, You are liable to forfeit Your Challenge place and Your Registration Deposit, unless:

i. the Charity agrees otherwise with You and us; or

ii. You pay the Trip Balance subject to the terms of the Self-funded payment option

iii. a mixed funding option agreed with the charity, with the balance payable by You

i. You must make it clear to all Your prospective sponsors that a part of Your sponsorship money goes towards payment for You to take part in the event.

j. All sponsorship monies should be paid as specified by the Charity that You have chosen.

k. Should You not be able to take up Your place on the Challenge for whatever reason, or chose not to for whatever reason, You will forfeit Your Registration Deposit, and sponsorship donations made to the Charity will not be refundable to You directly. Money will only be refunded by the Charity directly to individual donors upon written request to the Charity, unless agreed otherwise by You directly with the Charity.

l. If You cancel Your place on the Challenge having paid the Final Balance, then Your monies paid towards the cost of the event will be subject to clause 5(e).

 6. ITINERARY CHANGES OR CANCELLATIONS

a. All our Challenges are complicated and may be subject to change. We start planning the Challenge many months in advance. Occasionally we have to make changes to a planned Challenge both before and after bookings have been confirmed. Whilst we always endeavour to avoid changes and cancellations, we reserve the right to do so.

b. Due to circumstances beyond our control, we may have to make a “significant change”. A significant change is a change made before departure which, taking account of the information You give Us at the time of booking and which We can reasonably be expected to know, We can reasonably expect to have a major effect on the Challenge Event.

c. Significant changes are likely to include the following changes when made before departure:

i. a change of accommodation area for the whole or a major part of the trip;

ii. a change of outward departure time or overall length of time You are away of twelve or more hours;

iii. a change of UK departure point to one which is more inconvenient for You; or

iv. a significant change of itinerary missing out one or more major destinations substantially or altogether.

d. In the event we have to cancel the Challenge more than 12 weeks prior to departure, whether as a result of Force Majeure or any other reason that makes it impractical to proceed with the Challenge, we will provide You with a prompt and full refund of all monies that have been paid by You to us.

e. We reserve the right to cancel the Challenge if anticipated numbers of confirmed participants does not reach the minimum required number at a point in time not less than 12 weeks prior to the scheduled departure date. You may be offered an alternative departure date or refunded all monies paid by You to Us.

f. If We have to make a significant change or cancellation, We will tell You as soon as possible. If there is time to do so before departure, We will offer You the choice of the following options:

i. (for significant changes) accepting the changed arrangements;

ii. taking part in a similar, alternative Challenge if available; and

iii. cancelling or accepting the cancellation. Please note:

1. Registration Deposit is non-refundable; or

2. Registration Deposit Initial Payment is non-refundable; and

3. any donations made to the Charity are not refundable to You in any circumstances and if You cancel, the Trip Cost, when paid either in full or in part by the Charity, will be repaid to the Charity which will have no obligation to make any payment to You; or

4. any portion of the Trip Cost paid by You is refundable

g. If We have to make a significant change or cancellation, We will, where compensation is due under the Package Travel Regulations, pay You reasonable compensation depending on the circumstances and when the significant change or cancellation is notified to You, subject to the following exceptions:

i. We will not pay compensation and will not accept liability beyond offering the choices in clause 8(f), where We are forced to make a change or cancel as a result of Force Majeure or where We are forced to cancel due to the minimum number of participants required for the Challenge not being reached; and

ii. We will not pay compensation and will not offer the options in clause 8(f) if We cancel as a result of Your failure to comply with any requirement of these terms and conditions entitling Us to cancel (such as paying on time), or if the change made is a minor one.

iii. If We are forced by Force Majeure to change or terminate the Challenge after departure but before Your scheduled return, We will be unable to make any refunds, pay You any compensation or meet any costs or expenses You incur as a result.

 7. CHANGES MADE BY YOU

a. Each change must be made in writing or email and is always subject to availability.

b. Changes must be made by the registered participant.

c. We will always try and accommodate any changes requested. However, changes that You request will incur an administration fee per person/change of £95, plus any costs incurred by Us and any costs or charges incurred or imposed by any of Our suppliers.

d. A change in Challenge date will automatically incur a fee of £100 and will not be accepted less than 12 weeks prior to departure.

e. Name corrections will not normally incur a fee, unless requested less than 12 weeks prior to departure.

f. Name changes requested less than 12 weeks prior to departure will automatically incur a fee of £95 plus any further surcharges or fees imposed by our suppliers. You should note that some suppliers may charge a 100% cancellation fee for a name change and the cost of a replacement ticket.

 8. CANCELLATION BY YOUR CHOSEN CHARITY

a. In the event that Your chosen Charity cancels Your place or does not agree to pay Your costs for whatever reason, Your Registration Deposit will not be refunded by Us, and we will not be responsible for any losses or costs You incur in the case of this cancellation.

b. You will have the option to switch to a Self-Funded place. You should refer to Your agreement with Your chosen Charity as detailed in clause 5(c).

 9. DELAYS AND FORCE MAJEURE

a. We do not accept liability for any delays in Your travel arrangements or reasonable changes to Your itinerary in the event of Force Majeure. Force Majeure means any unusual or unforeseen circumstances beyond our reasonable control including but not limited to an act of God, war, terrorist attack, accident, failure of power supply, abnormal weather, fire, explosion, labour disturbance, flight delays, bad weather, or the issue of any travel advice by the Foreign and Commonwealth Office advising against travel to any destination included within Your Challenge.

 10. FLIGHTS, AIRLINES & SUPPLIERS

a. You must check all information sent to You by us and make sure that You arrive at the airport/point of departure in sufficient time. Airlines sometimes change aircraft and flight times without advance warning so You are asked to check carefully Your departure and check-in times on Your documentation.

b. All our flights are arranged through scheduled airlines (although short haul events may use low cost airlines). We are bound by their terms and conditions and regulations and we cannot be held responsible for any delays, cancellations or over-bookings.

c. Changes made by airlines and to airport destinations will not constitute a material change to Your Challenge entitling You to cancel, subject to clause 8.

d. Inappropriate behaviour, including drunkenness or rowdiness may lead to the transport carrier refusing carriage and alternative transportation may have to be arranged at Your own cost.

e. Liability in respect of all carriage by air, sea, rail and/or road is strictly limited to that under any relevant international convention or set of rules governing such carriage and where applicable subject to clause 15 below.

 11. OUR OBLIGATIONS AND LIABILITY

a. Our events are staffed by a trained Leader and Doctor, depending on the final group size and where advertised as such.

b. We accept liability for negligent acts and/or omissions by us, our employees, agents, suppliers or sub-contractors whilst acting within the scope of, or in the course of their employment, in the provision of any part of Your Challenge arrangements that we are contractually obliged to provide, except and to the extent (if any) the act or omission causing the damage is attributable to:

i. Your negligent act or omission or that of another member of the Group;

ii. an act or omission of a third party unconnected with the provision of the services to be provided to You and is unforeseeable or unavoidable; or

iii. Force Majeure

 We will therefore pay such damages as may be awarded under English law.

c. Subject to clauses 13(a) & 13(b) above, Our total liability (which includes the liability of Our employees and agents) to You arising out of or in connection with the Challenge or these Booking Conditions shall be limited a sum equal to twice the Trip Cost.

d. Providers of transport (“carriers”), such as airlines, impose their own conditions of carriage. Together with the provisions of certain international conventions, these are considered included in these Booking Conditions. These generally limit the liability of carriers and Our liability to pay You compensation and/or the amount (if any) of compensation payable will be limited in accordance with and/or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded).

e. We will try to accommodate Your special requirements as detailed in Your booking, but we cannot guarantee that these will be provided and any failure in this respect will not constitute a breach of these terms and conditions by us.

f. We exclude and limit all other liability to the extent permitted under law and damages are not payable where any failure to perform the contract is due neither to any fault on our part or a supplier of any part of Your travel arrangements or is attributable to You or unforeseen or unavoidable actions of a third party unconnected with the provision of Your travel arrangements or a Force Majeure event or other unusual and unforeseeable circumstances beyond our control or an event which could not have been foreseen even if all due care had been exercised.

 12. YOUR RESPONSIBILITIES

a. This Challenge is strenuous and You need to be healthy, fit and be well trained. You are responsible for ensuring You are in a good state of fitness and will be ready for Your Challenge. It is Your responsibility to read the promotional materials, trip information, and e-mails we provide, and to abide by our guidance given. We reserve the right to refuse participation to anyone believed to be unfit to participate. You should consult a doctor if You have any doubts about Your suitability to participate in this Challenge and abide by any advice given. If You are over the age of 65 or declare any medical conditions as part of Your registration, we will require a medical declaration form to be completed, signed and stamped by Your GP. You must keep us advised of any medical conditions that develop after You are registered, that may be relevant for Your safe participation on the Challenge. If whilst on the Challenge our doctor/medic or Challenge leader gives You specific safety or medical advice aimed at protecting Your own welfare You will abide by this advice.

b. You must be at least 18 years old and hold a passport which is valid for at least 6 months from the date of Your return to the UK. If You are under 18 please contact us to discuss parental consent.

c. You must not do anything or fail to do anything which is reasonably likely to bring Us and/or the Charity into disrepute whether before, during or after the Challenge Event.

d. You are required to respect the authority and following the directions of the Group Leader and/or local operator, and the local laws applicable in the country/countries of Your Challenge.

e. You are required to respect local customs & practices, and behave in a respectful manner at all times during the Challenge.

f. The Challenge 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 Us You acknowledge and accept the inherent hazards and the assumption of risk involved in the Challenge. Our trips are, by definition, adventurous. We provide You with adventurous and cultural experiences outside of that to be expected in hotels and other mainstream facilities, and as such You accept our liability to You is set out in clause 13. Any safety equipment, for instance cycle helmets, supplied must be worn correctly at all times.

g. Failure to comply with any of the above clauses may result in Your exclusion from further participation in all or any part of the Challenge if, at our discretion, Your behaviour renders You unfit to continue. For avoidance of doubt, unfitness may include, without limitation, behaviour that is deemed inappropriate or offensive, or impedes our ability to deliver services to all or part of the group, or may be considered a hazard to Yourself or others. In this case, our liability to You will be limited to a refund of any recoverable costs of any unused portion of the Challenge.

 13. TRAVEL INSURANCE

a. You must have adequate, valid, and appropriate travel insurance for Your Challenge, as detailed within the Challenge Manual. It must include emergency evacuation cover, repatriation cover, and curtailment cover. It is Your responsibility to ensure that details of this insurance are forwarded to us at least ten (10) weeks prior to departure. If we do not receive a copy of Your policy, we reserve the right to include You in a group policy and charge You a supplement, which must be paid before the Departure Date or we will assume that You have chosen to cancel Your place on the Challenge. Any false or misleading information given by You regarding insurance details, which results in Your stated insurance company refusing to cover costs relating to a claim made by You or relating to You whilst on the Challenge, before the Challenge, or after the Challenge, will make You fully liable for any medical costs, evacuation costs, repatriation costs or other costs incurred by us or our agents in relation to You in this respect.

 14. VISAS AND OTHER REQUIREMENTS

a. We will send You details of visa requirements along with advice for all compulsory inoculations which are known about at that time. You should always check with Your GP for the most up to date requirements for Your destination. It is Your responsibility to ensure these requirements are in place prior to departure and we accept no liability if You are denied entry to any country, port or airport detailed on the itinerary or within the Challenge Manual on account of Your failure.

 15. YOUR FINANCIAL PROTECTION

a. Your Financial Protection - When You buy an ATOL protected flight or flight inclusive holiday from us 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.

b. 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).

c. 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.

 16. YOUR INFORMATION

a. Where necessary We provide the personal information given by you to the various suppliers who provide each element of the Challenge (for example airlines). We 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 will also be provided to the Charity where applicable, so they can contact you as outlined in Clause 6.

b. We will also use your personal details in order to send you further information regarding Us or the Charity. If you do not wish for Us to use your details in this way, please let Us know. A full data protection statement is available on Our website. For the avoidance of doubt, We shall be data controllers in respect of the processing of your personal data in accordance with the terms of the Data Protection Legislation.

 17. LAW AND JURISDICTION

a. These terms and conditions shall be governed by and construed in all respects in accordance with the laws of England and Wales. Any dispute which may arise between the parties concerning these terms and conditions shall be exclusively determined by the English Courts. Further, any issues or claims, including from foreign citizens, arising from medical treatment are subject to the exclusive jurisdiction of the courts of England and Wales and must be brought within the UK.

Discover Adventure (DAL) of Throope Down House, Blandford Road, Coombe Bissett, Salisbury Wiltshire, SP5 4LN Atol:5636

The booking conditions set out below form the basis of your relationship
with Discover Adventure Limited (“DAL”) of Throope Down House,
Blandford Road, Coombe Bissett, Salisbury Wiltshire, SP5 4LN and the
Charity for whom you have chosen to raise funds (“Charity”). References
in these terms and conditions to the Charity include any trading
subsidiary of the Charity. Please read them carefully as they set out each
party’s respective rights and obligations. All bookings are subject to the
following booking conditions.

BACKGROUND
DAL facilitates the raising of funds for charities by providing adventure trips. The
Charity is the appointed agent of DAL for the
purpose of marketing the event to which your Trip relates and in connection
with the administration of your Trip booking.
All parties agree the following:

1. DEFINITIONS.

1. In this Agreement, the following words shall have the following meanings
unless the context otherwise requires:-
(i) “Event” means the fund raising event for the Charity of which the Trip
forms part;
(ii) “Trip” means the inclusive arrangements, flights, accommodation, vehicle
hire and all other services which DAL contractually agrees to provide or
arrange for you;
(iii) “Organiser” means 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) “Registration Fee” means the registration fee, if any, payable to DAL/the
Charity for the Trip.
(v) “Basic Trip Cost” means the cost of the Trip payable to DAL as advised at
the time of booking (excluding any Airline Fuel Supplement and insurance
premiums).
(vi) “Airline Fuel Supplement” means the amount of any fuel supplement
payable to the airline(s) operating the flights which form part of the Trip
and which you are advised at the time of booking does not form part of
the Basic Trip Cost.
(vii) “Surcharge” means any surcharge payable in accordance with clause 11 of
section B of these booking conditions.
(viii) “Total Trip Cost” means the total amount payable to DAL in respect of
the Trip including the Registration Fee, the Basic Trip Cost, any Airline
Fuel Supplement and any Surcharge but excluding any costs and charges
payable in the event of cancellation or amendment by you.
(ix) “you” and “your” means the participant named on the registration form.

SECTION A

2. WHO ORGANISES THE TRIP?

DAL is the Organiser of the Trip. Your contract for the Trip is with DAL.
Please note DAL’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 DAL’s behalf in accordance with clause 2.4,
DAL has no responsibility for any payments made to the Charity or for any
act(s) or omission(s) of the Charity.

2.1 WHAT IS THE PAYMENT TIMETABLE?
(i) You must pay the Registration Fee to DAL or the Charity at the time of
booking.
(ii) You must pay the Basic Trip Cost to DAL or the Charity no less than 10
weeks prior to the commencement of the Trip.
(iii) You must pay any Airline Fuel Supplement to DAL or the Charity, if
applicable, when requested (usually approximately 6 to 8 weeks but no
earlier than 10 weeks prior to departure)
(iv) You must pay any Surcharge to DAL or the Charity in accordance with
clause 11 of section B.

2.2 If you wish to purchase the insurance offered by DAL all applicable
premiums must be paid to DAL as soon as possible as cover is not effective
until these have been paid. Please see clause 8 of section B.

2.3 Credit Card payments: No credit card fee will be charged when paying the
Registration Fee. Credit card charges on payments made to the Charity are
at the discretion of the Charity. Payments made direct to DAL by credit
card incur a fee of 2% of the amount paid. There is no charge for payments
made by debit card.

2.4 For flight and non flight inclusive bookings, all monies paid to the Charity
in respect of the Total Trip Cost will be held on DAL’s behalf until they are
paid to DAL. Please note; monies paid to the Charity over and above the
Total Trip Cost belong to the Charity.

3. WHAT HAPPENS IF I FAIL TO PAY ALL MONIES ON TIME?

If DAL or the Charity (as applicable) do not receive all payments due from
you in respect of the Trip in full and on time, your place on the Trip will
no longer be guaranteed and your Registration Fee will be lost. Your Trip
booking will be treated as cancelled by you and clause 14 will apply.

4.1 WHAT ARE YOUR RESPONSIBILITIES?

You must not do anything or fail to do anything which is reasonably likely
to bring the Charity and/or DAL into disrepute whether before during or
after the Trip.

4.2 You must ensure that all information you give DAL and/or the Charity
including all information provided on the registration and insurance forms
and medical questionnaire is complete, true and accurate. If you fail to do
so in any material respect, DAL shall be entitled to cancel your booking
and the Registration Fee will be retained. Depending on the date when
DAL and/or the Charity discover that you have failed to comply with the
provisions of this clause DAL will also be entitled to charge the cancellation
fees set out in clause 14.

5. WHAT HAPPENS TO THE INFORMATION I PROVIDE?

Where necessary DAL provides the personal information given by you to
the various suppliers who provide each element of the Trip (for example
airlines). DAL 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 will also be provided to the Charity. A full data protection
statement is available on the websites of DAL and the Charity.

SECTION B

1.1 HOW DO I BOOK?

You must complete and sign the registration form and return with the
appropriate payment at the time of booking. Your completed medical
questionnaire and appropriate insurance form should be returned within 10
days of receiving your information pack. You must be at least 18 when the
booking is made.

1.2 Except where no Registration Fee is applicable, DAL will not accept any
registration form without the appropriate Registration Fee as a firm
booking.

2. WHEN WILL THE TRIP BE CONFIRMED?

2. Once DAL or the Charity has received your registration form, medical
questionnaire and all appropriate payments, your Trip, subject to
availability, will be confirmed with a booking confirmation letter. Please
check this carefully as soon as you receive it. You must contact DAL
immediately if any information in the confirmation letter or any other
document appears to be incorrect or incomplete as it may not be possible
to make changes later.

3. WHEN DOES MY CONTRACT FOR THE TRIP COME INTO EXISTENCE?

A binding contract between you and DAL comes into existence when the
confirmation letter is sent 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 DAL (except as set out
below) (“claim”). You also agree that any claim 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. In this case, proceedings must
either be brought in the Courts of your home country or those of England
and Wales. If proceedings are brought in Scotland or Northern Ireland,
you may choose to have your contract and any claim governed by the law
of Scotland/Northern Ireland as applicable (but if you do not so choose,
English law will apply).

4. WHAT ABOUT MINIMUM NUMBERS?

Please note that each Event has a minimum number of participants
required for its operation. A Trip may be cancelled due to insufficient
numbers up to 56 days prior to departure. In the circumstances you will be
offered an alternative Event, if available (which may involve an additional
payment) or a complete refund of the payments you have made for your
Trip (see options 5b and 5c under “Itinerary” below).

5. ITINERARY

DAL starts planning the Event many months in advance. Occasionally,
DAL has to make changes to a planned Event and to Trip arrangements
both before and after bookings have been confirmed. Whilst DAL always
endeavours to avoid changes and cancellations, DAL must reserve the right
to do so.

Most changes are minor. Occasionally, DAL has to make a “significant
change”. 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 DAL has to make a significant change or cancellation, DAL will tell you as
soon as possible. If there is time to do so before departure, DAL will offer
you the choice of the following options:-

(a) (for significant changes) accepting the changed arrangements; or

(b) purchasing an alternative trip from DAL with the same Charity, of a similar
standard to that originally booked if available. If any alternative trip is in
fact cheaper than the original one, DAL will refund the price difference
to the Charity (if DAL have received the Basic Trip Cost from the Charity).
If any alternative trip is more expensive, you will be asked to pay the
difference; or

(c) 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 DAL or to the Charity in respect of the Trip. Please note:
where you have made payment to the Charity which has been passed on
to DAL, DAL will refund that payment to the Charity. Please note, the above
options are not available where any change made is a minor one.
If DAL has to make a significant change or cancellation, DAL will as a
minimum where compensation is due pay you reasonable compensation
depending on the circumstances and when the significant change or
cancellation is notified to you subject to the following exceptions.
Compensation will not be payable and no liability beyond offering the
above mentioned choices can be accepted where DAL is forced to make a
change or cancel as a result of unusual and unforeseeable circumstances
beyond DAL’s control, the consequences of which DAL could not have
avoided even with all due care or where DAL is forced to cancel due to the
minimum number of participants required for the Event to operate not
being reached.

No compensation will be payable and the above options will not be
available if DAL cancels as a result of your failure to comply with any
requirement of these terms and conditions entitling DAL to cancel (such as
paying on time) or if the change made is a minor one.

Very rarely, DAL may be forced by “force majeure” (see clause 18 in section
B “DAL’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, DAL regret 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.

6. CHALLENGE PARTICIPATION AND RESPONSIBILITY

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 DAL you acknowledge and accept the inherent hazards
involved in the Trip. Except as set out in these booking conditions, DAL
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.

7. WHAT ABOUT FLIGHT DELAYS?

DAL regrets it is not in a position to offer you any assistance in the event
of delay at your outward or homeward point of departure. Any airline
concerned may however provide refreshments etc. DAL cannot accept
liability for any delay which is due to any of the reasons set out in clause
18.8 in section B “DAL’s liability” (which includes the behaviour of any
passenger(s) on the flight who, for example, fails to check in or board on
time).

8. DO I NEED TRAVEL INSURANCE?

Travel insurance, including cover for baggage, is mandatory for all clients
whilst on an overseas Trip organised by the DAL. Other than as referred to
in clause 18 in section B, 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 join the Trip
without adequate insurance you may not be permitted to continue, with no
right of refund.

If you choose not to take out DAL’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 Trip 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 Trip. You are responsible for providing proof of this cover to
DAL; failure to do so by its deadline may result in DAL charging you for its
insurance.

You must satisfy yourself that any travel insurance arranged through DAL
meets your requirements and you should arrange supplementary insurance
if need be. You are responsible for notifying DAL if you have not received
insurance documentation after DAL 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.

9. DO YOU REQUIRE MEDICAL DETAILS?

DAL 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, such as a heart condition or
asthma, you must provide DAL with a signed medical questionnaire and
further information as necessary from your doctor. See also Section A
clause 4.2 above.

10. WHAT IF I HAVE A COMPLAINT?

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
DAL 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 DAL office
no later than 28 days after the end of the Trip.

11. WILL THE PRICE OF THE TRIP INCREASE?

Please note, there may be an Airline Fuel Supplement payable in addition
to the Basic Trip Cost where your Trip includes flights organised by DAL.
Due to their fluctuating nature, fuel supplements payable to the airline(s)
operating your flights as advised at the time of booking are not included
in the Basic Trip Cost , but are payable in full in the amount confirmed by
the airline approximately 6 – 8 weeks prior to commencement of the Trip.
The Airline Fuel Supplement is not a surcharge but is an amount which you
agree to pay in addition to the Basic Trip Cost. The surcharge provisions set
out below do not therefore apply to it.
Once the Basic Trip Cost has been confirmed at the time of booking,

DAL 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 DAL’s
costs increase as a result of increases in transportation costs or in dues,
taxes or fees payable for services such as landing taxes or embarkation
or disembarkation fees at airports or as a result of any changes in the
exchange rates which have been used to calculate the Basic Trip Cost.
Even in the above cases, only if the amount of the increase in DAL’s costs
exceeds 2% of the Basic Trip Cost, will DAL levy a surcharge. If any such
surcharge is greater than 10% of the Basic Trip Cost, you will be entitled
to cancel your booking and receive a full refund of all payments you have
made to DAL or the Charity in respect of the Total Trip Cost. The Charity
will advise you where this is the case. If DAL has received payments
from the Charity in respect of the Total Trip Cost, these will be refunded
to the Charity. Alternatively you can purchase another trip from DAL as
referred to in clause 5 of section B “Itinerary” above. Insurance premiums,
amendment and cancellation charges are not refundable.
DAL promises not to levy a surcharge within 30 days of the start of the
Trip.

12. EQUIPMENT

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.

13. PARTICIPANTS

DAL 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 our being satisfied that there
are no circumstances under which DAL ought properly to decline your
participation. DAL’s decision on your participation shall be final and
binding. DAL however will not exercise this right without having clear
grounds to do so. In any circumstances where DAL decides that you may
not participate your Registration Fee and insurance premium (where paid)
will be refunded to you in full.

When you book with DAL, 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 DAL (together with DAL’s own and the other
party’s full legal costs) as a result of your actions.

14.1 WHAT IF I WANT TO CANCEL?

If you wish to cancel, DAL or the Charity must receive notice in writing
from you. Effective date of cancellation will be taken from the date such
notice is received by DAL or the Charity. Cancellation fees will be charged
as follows. The percentages shown are of the Total Trip Cost excluding
the Registration Fee which is not refundable in the event of cancellation.
Amendment fees and insurance premiums are also not refundable in the
event that you cancel.

Discover

Period before departure written notice Cancellation Charge
of cancellation is received by DAL

More than 56 days prior to departure loss of Registration Fee only

• 56-29 days prior to departure 50%
• 28-15 days prior to departure 75%
• 14-0 days prior to departure 100%

DAL will refund to the Charity any monies relating to the Total Trip Cost
paid by it to DAL 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.

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.

14.2 Should you wish to make any changes to your confirmed booking, you
must notify DAL and the Charity in writing as soon as possible. Whilst DAL
will endeavour to assist, DAL cannot guarantee it will be able to meet any
such requests. Where DAL can, an amendment fee of £75 per person will be
payable together with any costs incurred by DAL and any costs or charges
incurred or imposed by any of DAL’s suppliers.

15. PASSPORT, VACCINATIONS AND VISAS

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 Trip. Information given by DAL about these matters or related items
(climate, clothing, baggage, personal gear etc) 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 Trip and to do so well before the departure date.

16. REGISTRATION FORM

Signing your registration form or submitting your online booking form
signifies your agreement to abide by the authority of the leader, who
represents DAL. 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 Event, you may be asked to leave the Trip without the
right to any refund for unused services.

17. YOUR FINANCIAL PROTECTION

When you buy an ATOL protected air package from DAL you will receive
a booking confirmation letter confirming your arrangements and your
protection under our Air Travel Organiser’s Licence Number 5636. In the
unlikely event of our insolvency the CAA will ensure that you are not
left stranded abroad and will arrange to refund any money which has
been paid to DAL for a Trip which has yet to depart. Not all trips or travel
services offered and sold by DAL will be protected by the ATOL Scheme. For
Trips that do not include flights from the UK DAL is fully bonded with AITO
Trust Ltd for your financial protection. This arrangement means any money
which has been paid to DAL for a Trip which has yet to depart will be
refunded or you will be brought back to the UK (where your Trip includes
return travel to the UK) if already abroad in the unlikely event of DAL being
unable to provide your Trip due to DAL’s insolvency.

18.1 DAL’s Liability

DAL promises to make sure that the Trip arrangements DAL 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, DAL 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 DAL or DAL’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 DAL. In addition, DAL 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 DAL had asked them to do (for agents and suppliers).

18.2 DAL will not be responsible for any injury, illness, death, loss (including loss
of enjoyment or possessions), damage, expense, cost or other sum or claim
of any description whatsoever which results from any of the following: -
- the act(s) and/or omission(s) of the person(s) affected or
- the act(s) and/or omission(s) of a third party not connected with the
provision of your Trip and which were unforeseeable or unavoidable or
- ‘force majeure’ as defined below

18.3 Please note, DAL cannot accept responsibility for any services which do
not form part of its contract with you. This includes, for example, any
additional services or facilities which your hotel or any other supplier
agrees to provide for you where DAL has not contractually agreed to
provide or arrange such services or facilities . In addition, regardless of any
wording used by DAL in any material produced by DAL in relation to the
Event or your Trip, DAL only promise to use reasonable skill and care as set
out above and DAL does not have any greater or different liability to you.

18.4 The promises DAL make 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 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 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.

18.5 Where DAL is found liable for loss of and/or damage to any luggage
or personal possessions (including money), the maximum amount DAL
will have to pay you is £1,500 (fifteen hundred pounds) unless a lower
limitation applies to your claim under this clause or clause 18.6 below.
For all other claims which do not involve death or personal injury, if DAL
are found liable to you on any basis the maximum amount it will have to
pay you is twice the Total basic Trip Cost (excluding insurance premiums
and amendment charges) unless a lower limitation applies to your claim
under clause 18.6. This maximum amount will only be payable where
everything has gone wrong and you have not received any benefit at all
from the Trip.

18.6 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 or rail carrier to which any international convention or
regulation applies, the maximum amount of compensation DAL will have
to pay you will be limited. The most DAL will have to pay you for that
claim or that part of a claim if DAL are found liable to you on any basis is
the most the carrier concerned would have to pay under the international
convention or regulation which applies to the travel arrangements
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 COTIF, the Convention on International Travel by Rail). Please note:
Where a carrier 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, DAL similarly are not obliged to make a payment to you
for that claim or part of the claim. When making any payment, DAL are
entitled to deduct any money which you have received or are entitled to
receive from the carrier for the claim in question. Copies of the applicable
international conventions and regulations are available from us on request.

18.7 Please note, DAL 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 DAL by you concerning your booking prior to DAL
accepting it, DAL could not have foreseen you would suffer or incur if
DAL breached our contract with you or (2) which did not result from any
breach of contract or other fault by DAL or its employees or, where DAL are
responsible for them, its suppliers. Additionally DAL cannot accept liability
for any business losses including self employed loss of earnings.

18.8 Force Majeure: Except where otherwise expressly stated in these booking
conditions, DAL regrets it 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 more fully described in clause 18.1 above) as a
result of “force majeure.” In these booking conditions, “force majeure”
means any event which DAL or the supplier of the service(s) in question
could not, even with all due care, foresee or avoid. Such events may
include, whether actual or threatened, war, riot, civil strife, terrorist activity,
industrial dispute, natural or nuclear disaster, adverse weather conditions,
fire and all similar events outside DAL’s control.

19. FLIGHTS

The flight timings detailed in Trip documentation are for general guidance
only and are subject to change. The latest timings will be despatched
to you approximately two weeks before departure. In most cases your
tickets will be given to you at the airport. 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 – DAL or the Charity will contact you as soon as
possible if this occurs. DAL is not always in a position to confirm the airline 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 change. Any such change will not entitle you
to cancel or change to other arrangements without paying DAL’s normal
charges.

20. CONDITIONS OF SUPPLIERS

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 clause 18.6). Copies of the
relevant parts of these terms and conditions are available on request from
DAL or the supplier concerned.

21. SPECIAL REQUESTS

If you have any special request, you must advise DAL or the Charity in
writing at the time of booking. Although DAL will endeavour to pass any
reasonable requests on to the relevant supplier, DAL regrets it cannot
guarantee any request will be met unless DAL have specifically confirmed
this. For your own protection, you should obtain confirmation in writing
from DAL that your request will be complied with (where it is possible
for DAL to give this) if your request is important to you. Confirmation
that a special request has been noted or passed on to the supplier or the
inclusion of the special request in your confirmation letter 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.
DAL 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

22. PROMOTIONAL MATERIAL

DAL reserves the right to use without payment any photographs and
images taken at an Event or Event-related occasion by its employees
or suppliers, or forwarded by any person on the Event or connected to
the Event, in its brochure, on its website, in its social network marketing
activities or for use in any other relevant promotional material.

These are the terms and conditions of Classic Tours which apply to those
who are advised by the charity that they will be participating in the
fundraising event. Please refer to the charities’ own terms and conditions
regarding your sponsorship and eligibility to travel. Only those potential
participants who qualify under the charities’ rules will be entitled to
travel. For those selected to travel, then the following conditions
will apply:

1. YOUR CONTRACT WITH CLASSIC TOURS

If you are selected to take part in the fundraising event, we will be advised
of your details by the charity. Your contract for travel, accommodation and
other services (“your travel arrangements”) will be with us, Classic Tours
Limited trading as Classic Tours of Tramways, 377 Camden Road, London, N7
0SH. If you are selected then we will confirm our contractual commitment
to you by sending to you a confirmation invoice, together with the details of
your travel arrangements and the itinerary that we have agreed to provide.
It is only then that these terms and conditions will apply and a contract
will exist between us, which is governed by English laws and the exclusive
jurisdiction of the English Courts. Travel arrangements made by us which
include accommodation are fully protected by our bond with AITO Trust
(number 1154). This complies with the requirements of Regulations 16-21 of
the Package Travel Regulations. This protects customers’ prepayments paid
in respect of the ground handling aspects of packages where the customer is
responsible for arranging travel to the destination offered in this brochure /
literature / document / on this website (subject to the terms of the insurance
policy), for:

• a refund of such prepayments if customers have not yet travelled, or
• making arrangements to enable the holiday to continue if customers have
  already travelled in the unlikely event of our financial failure.

Payment for your travel arrangements will be made to us by the
charity from the sponsorship it has received in accordance with the charities’
terms for participating in the fundraising event

2. THE PRICE OF YOUR TOUR

(i) The cost of your participation in the fundraising event forms a part of the
overall value of the sponsorship raised by you and received by the charity.
From those sums received by the charity, the charity will pay to us the cost
of your travel arrangements that we are agreeing to provide.

(ii) We reserve the right to increase the price of your travel arrangements to
allow for variations in transportation costs (including the cost of fuel); dues,
taxes or fees chargeable for services and the exchange rate applicable to your
travel arrangements. No price increase will be made within 30 days of your
departure date and in any event, we will absorb any increase which equals
2% or less of the cost of your travel arrangements.

3. HEALTH, SAFETY & FITNESS AND YOUR INSURANCE COVER

The charitable event in which you will be participating is challenging and
will require a good level of fitness, strength and endurance and it is your
responsibility to ensure that you have the appropriate level. You should check
with your doctor to ensure that you are sufficiently fit, healthy and mobile
to participate in the event.You should take into account that medical and
other facilities, particularly for those with any disability, illness or infirmity,
at your destination are likely to be inferior to those in the United Kingdom.

Accordingly it is a compulsory term of travel that you take out travel
insurance to cover any health or injury problems that arise and, if necessary,
to arrange for your repatriation to the United Kingdom.You must complete
a medical form in order to be able to travel and you should also advise your
insurer of any pre-existing medical condition before travel. Failure to advise
this may invalidate your insurance cover. Classic Tours reserves the right to
refuse participation if the above is not complied with..

4. CANCELLATION

(a) If you cancel your travel arrangements, then there will be no refund payable
to you as your sponsorship was raised for charitable purposes. Any balance
of the sum paid to us by the charity for your travel arrangements, after
deduction of cancellation charges, which have been agreed with the charity,
will be repaid to the charity.

(b) Similarly, if we cancel your travel arrangements any refunds or compensation
will be paid to the charity.

(c) 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 over to the charity.

(d) If cancellation occurs due to unusual and unforeseeable circumstances
beyond our control, such as national emergency, natural disaster, fire, bad
weather, delays or other such events (acts of force majeure), then we will
advise you as soon as it is reasonable to do so.

5. DESTINATION SAFETY AND FORCE MAJEURE

Your personal safety during the charitable event is of
fundamentalimportance to us and whilst we will carefully monitor the
safety of your destination, the Foreign and Commonwealth Office do offer a
travellers advice line, the details of which are 0870 606 0290.
You should ensure that you are kept informed of the latest FCO advice.

6. ALTERATIONS BY CLASSIC TOURS

Classic Tours and its suppliers of transport and land arrangements shall be
entitled to change the details of your travel arrangements and itinerary. If a
change is significant you will be advised as soon as possible and you will be
entitled to:-

(i) Cancel your participation in the event, in which case you agree that the cost
of your travel arrangements will be repaid by us to the charity and you will
have no entitlement to such sums; or

(ii) Agree to proceed with the revised arrangements for the Event

7. STANDARD AND QUALITY OF ACCOMMODATION AND SERVICES

You should not have unreasonable expectations of the facilities that will be
provided which in some remote areas and some destinations may be below
what you might expect at home. The level of the standard and quality of
your travel arrangements will be in line with the itinerary and any literature
you receive from us.

8. LIABILITY

(i) We accept responsibility for ensuring that your travel arrangements will be as
described in literature produced by us, or on our behalf, in our Confirmation
Invoice and with the itinerary and that the services we are contractually
obliged to provide are to a reasonable standard. If in the reasonable opinion
of the charity any part of your travel arrangements is not provided as
promised we will pay appropriate compensation if this has affected the
quality or structure of your travel arrangements. We accept responsibility for
the acts and/or omissions of our employees, agents and suppliers (except for
claims for death, injury or illness – see below).

(ii) Classic Tours accepts responsibility for death, injury or illness caused by
negligent acts and/or omissions of us, our employees, agents, suppliers and
sub-contractors whilst acting within the scope of, or in the course of their
employment in the provision of any part of your travel arrangements in the
itinerary, that we are contractually obliged to provide. We will, accordingly,
pay to an affected participant such damages as might have been awarded
in such circumstances under English law. However, damages are not payable
where any failure to perform the contract is due neither to any fault on our
part or a supplier of any part of your travel arrangements or is attributable
to you or unforeseen or unavoidable actions of a third party unconnected
with the provision of your travel arrangements or unusual and unforeseeable
circumstances beyond our control or an event which could not have been
foreseen even if all due care had been exercised.

(iii) In respect of carriage by sea and rail and the provision of accommodation,
the amount of compensation Classic Tours may be obliged to pay will be
limited in the manner provided by the relevant International Convention.
Carriage is subject to the carrier’s conditions of carriage. In particular
drunkenness or rowdy behaviour may lead to the carrier refusing carriage
when alternative transport may have to be arranged at your own cost.

9. Passports and Visas and Health

You will be advised separately of any passports or visa requirements and any
compulsory health requirements to enable you to participate in your travel
arrangements. Please note that you will require a full British passport with
at least 6 months unexpired at the date of return travel. For EU and other
passport holders please contact Classic Tours for special requirements.

10. MISCELLANEOUS

This contract is governed by English law and the exclusive jurisdiction of the
English Courts.

THE BOOKING AGREEMENT

Below are the details of the terms and conditions of the booking agreement. Please read them carefully.  When you make a booking and we accept it, a legally binding contract is made. When you sign the booking form you agree to accept all of these conditions, you acknowledge that you have read the relevant trip dossier and the general information contained in this document. 

OUR COMMITMENT TO YOU

Sport Ecosse Events shall organise a Solihull to Dublin cycle event between 6^th to 11^th September 2017 that offers the opportunity for participants to fundraise for Marie Curie.

This includes the following:

• A Tour Manager to lead the event along with at least three other event staff and two support vehicles
• Full briefing to participants from the Tour Manager before the start of the challenge and before each stage
• Qualified first aid cover throughout the challenge
• Snacks and drinks throughout the event
• Accommodation for five nights
• Dinner, lunch and breakfast for five nights
• Luggage transfers between accommodations
• Return travel from Dublin to Solihull
• A training guide
• An equipment list
• Public Liability Insurance and Employers Liability Insurance cover.

Sport Ecosse Events will be paid a fee dependent on the number of the participants, with a minimum of 40 participants.

Your Event Price – Please see above

Deposits are required and these are non-refundable. Full payment is due at least one month before the event, as noted above. All monies you pay to Sport Ecosse Events are held by them on your behalf at all times.

If We Change or Cancel Your Event

It is in the nature of an event of this kind that arrangements and participants have to be flexible. The day-to-day agenda and ultimate goal of the trip are taken as aims and not as contractual obligations. It is a necessary condition of your joining that you accept this flexibility. It is unlikely that we will have to make any changes to your arrangements, but we do plan the arrangements 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 notify you of them at the earliest possible date. In the case of such changes there is no entitlement to cancel without penalty.

We also reserve the right to cancel.  For example, if the minimum number of participants required is not reached, we may have to cancel.  However, we will not cancel less than 4 months before your departure date, except for reasons of force majeure, inadequate insurance cover, or failure by you to pay the final balance. If we cancel for reasons other than the above, we will offer you compensation. If we are unable to provide the event agreed, 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.  If, for an unforeseeable reason outside of our suppliers’ control, we have to cut short your event, no refund or compensation will be made for any unused hotel accommodation, hire equipment, or any other unused service or feature of the trip. If we have to make any change to your event, we will inform you as soon as reasonably possible. 

Force Majeure

We will not pay you compensation if we have to cancel or change your travel arrangements in any way because of war, riot, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions or other unforeseen circumstances that may amount to force majeure.

Our Liability to You

We will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall.

Personal Injury Unconnected With Your Event

If you, or any member of your party, suffer death, illness or injury arising out of an activity which does not form part of your event arrangements or an excursion arranged through us, we shall at our discretion, offer advice, guidance and assistance. Where legal action is contemplated and you want our assistance, you must obtain our written consent prior to commencement of proceedings. Our consent will be given subject to you undertaking to assign any costs, benefits received under any relevant insurance policy to ourselves. We limit the cost of our assistance to you or any member of your party to £5,000.

Data Protection

We take responsibility for ensuring that proper security measures are in place to protect your information. When you make a booking, you consent to all the information being passed on to our suppliers.

YOUR COMMITMENT TO US

Your Event Price

When you make your booking you must pay a non-refundable deposit and other payments, unless the trip is cancelled by Sport Ecosse Events. Clients will be deemed to have read this booking agreement.

Tour Manager Authority

Signing the booking form signifies your agreement to abide by the authority of the Tour Manager, who represents Sport Ecosse Events. The decision of the Tour Manager as to the conduct, itinerary and objectives of the event is final. If, in the opinion of the Tour Manager, your behaviour or physical condition is detrimental to the safety, welfare and well-being of the group as a whole (which are the paramount considerations), or if the Tour Manager considers your general well-being will be put at risk by continuing with the event, you may be asked to leave the event without the right to any refund for unused services.

Responsibility

Your booking is accepted on the understanding that you realise and accept the risks and hazards potentially involved in challenge events and that you are mentally and physically capable of undertaking your chosen trip. You must tell us if you have an existing medical condition or disability that might affect your event participation before you book the event. If, in our reasonable opinion, your chosen event is not suitable for your medical condition or disability we reserve the right to refuse your booking. We reserve the right to cancel the contract if medical problems are discovered and, in this eventuality, we will give a full refund but no compensation. You are responsible for bringing with you the proper clothing and equipment, which we advise you about in our printed trip information. If you are unable, or choose not to complete an itinerary outlined for an event, Sport Ecosse Events is not liable to supply alternative itineraries, excursions, accommodations, services or staff for the period when the client is not present with the group. Sport Ecosse Events is liable for the negligence of its employees and suppliers when they are acting in the scope of their employment. The company is not liable for any failures that occur in the performance of the event which are attributable to the consumer, or attributable to a third party unconnected with the provision of the services and unforeseeable or unavoidable, or are due to unusual and unforeseeable circumstances beyond the control of the company which could not have been avoided even if all due care had been exercised.

Travel and Cancellation Insurance

To take part in one of our events you must be covered by adequate insurance for the complete duration of your trip. This insurance must include cover for; medical expenses, injury, death, cost of repatriation, helicopter evacuation and cancellation and curtailment. If, in the event of an emergency medical rescue or evacuation from a trip of you the client, either by foot, helicopter or otherwise the responsibility for the payment of such costs will lie with the client. It is imperative that the client ensures adequate insurance cover is in place before departure. We recommend that you fully understand the limits and exclusions of your policy before taking out the insurance cover. It is your responsibility to ensure that the insurance cover you purchase is adequate for the particular needs of you. We do not check insurance policies. We reserve the right to cancel your booking at any time before departure if we are not satisfied that adequate insurance for you is in place.  All baggage and personal effects, are at all times at your own risk. We will not be responsible for any loss, damage or accident to any luggage and property, howsoever incurred. You are advised to check the limitations of your insurance policy in this respect.

Sport Ecosse Events will have adequate Public Liability Insurance and Employers Insurance. Copies of this Insurance cover will be available to be viewed by Marie Curie before the event takes place.

If You Have A Complaint

If you have a problem during the event, you must inform your Tour Manager who will endeavour to put things right.  If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at Sport Ecosse Events, 6 Murchison, Westerlands Park, Glasgow G12 0FA; giving all relevant information.  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.

It is strongly suggested that you communicate any complaint to your Tour Manager without delay and whilst on the event.  If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint during the event and this may affect your rights under this contract.

What Happens To Complaints

It is unlikely that you will have a complaint that cannot be settled amicably between us. However, disputes arising out of, or in connection with, this agreement that cannot be amicably settled may (if you wish) be referred to arbitration. An application for arbitration and Statement of Claim must be received within 3 months of the date of return from the event.