Terms and Conditions
Last updated: 23rd January 2019
- All bookings are made with The Adventure Element Limited.Registered Company Number 09103989 (hereinafter referred to as the Company) whose registered office is 14 Keld Close, Stainton, Cumbria CA11 0EJ.
- Any reference to the term ‘programme’ in these booking conditions means the product to be provided by The Adventure Element Ltd (i.e. programme, event, course, trek, walk or expedition), as described and detailed in the Programme Information Document, or within email exchange between the Company and the Client.
- Client means the person, company or organisation for whom The Adventure Element has agreed to provide the Programme. The ‘Client’ may be a person or persons other than the person making the booking and making payment for the Programme.
- Programme Cost means the amount in UK Sterling stated in the Programme Information Document - being the cost of the Programme.
- Information Document means the information provided by The Adventure Element Ltd. which sets out and provides details of the Programme.
- The Company will provide the Programme using reason able skill and care.
- Where any part of the Programme is provided by any third party, the Company will use reasonable skill and care in selecting the third party, but it shall not be liable to the Client for the performance of the third party and / or for any loss or damage, whether of a personal nature or to the Client’s possessions, caused by the third party.
- The Company gives no warranty as to the success or otherwise of the Programme, as this can be dependent on external factors over which the Company has no control, including, but not limited to, weather or hill/mountain conditions, the consequences of strikes, industrial action, wars, riots, sickness, quarantine, government intervention, or other untoward occurrences.
- The liability of the Company to the Client is limited to the Programme Cost.
- The cost to the Client shall be that the amount stated in the Programme Information Document, or as agreed within email exchange between the Company and the Client.
- A 25% deposit of the Programme Cost shall be paid to the Company at the time of booking (within 7 days), in order to secure your Programme.
- All monies paid in advance of the Programme will be held by the Company in a separate account.
- Payment of the final balance of the Programme Cost is due a minimum of eight weeks prior to the commencement of the Programme.
- Bookings taken with in the eight-week period will require to be paid in full at the time of booking the Programme.
It is important to be aware that your deposit is subject to a cancellation policy. Withdrawing or cancelling your booking will incur penalties detailed below. It is strongly recommended that you have suitable cancellation insurance coverage from the time of booking.
4. Cancellation Policy
In the event of the programme being cancelled by the Company all monies are 100% refundable.
In the event of the Client cancelling and withdrawing from the Programme for any reason whatsoever (except solely the cancellation of the whole programme by The Adventure Element Ltd), the following shall apply.
If the client cancels or withdraws their booking following the payment of a deposit more than eight weeks before the commencement of the programme or before the programme is confirmed to run by the Company the following conditions shall apply.
- A refund of any fees paid minus 5% + a £10 administration fee.
Following the confirmation of programme running
Where a Programme has been confirmed to run, the following conditions shall apply.
- If the Client cancels or withdraws more than eight weeks before the Programme commencement a refund less the deposit of 25% of the total fees will be given.
- If the Client cancels or withdraws between eight and six weeks before the Programme commencement, a refund of 40% of the Programme Cost will be given.
- If the Client cancels or withdraws between six and four weeks before the Programme commencement, a refund of 20% of the Programme Cost will be given.
- If the Client cancels or withdraws less than four weeks before the Programme commencement, then no refund of the Programme Cost will be given.
5. Client Disclaimer
- The Client confirms that they acknowledge and understand that engaging in the Programme may be hazardous and may place him/her at risk of physical and/or mental harm. The Client therefore recognizes that participation in the Programme is entirely at his/her own risk and that he/she will assume all risks of loss, damage, injury or death which may arise and/or be sustained.
- A Client booking a Programme in remote locations with limited infrastructures acknowledges and understands that the risks to health are increased and the ability to treat injury or illness effectively is reduced.
- The Client acknowledges and understands that engaging in the Programme can be mentally and physically demanding and may place him/her at risk of physical and/or mental harm. The Client confirms that he/she knows of no reasons, physical or mental, why he/she should be unable to participate in the Programme and engage in the activities involved, or would otherwise be advised by a competent medical professional not to engage in the Programme.
- A Client that has booked onto a Programme that involves going to high altitude, acknowledges that they carry an inherent risk of altitude-related illnesses.
- The Client acknowledges that neither the Company nor any of their representatives will be responsible for any illness, injury or death sustained on their programme, except where such illness, injury or death is caused by negligence or that of their representatives, nor will they be liable for any uninsured loss of personal property.
- The client acknowledges and understands that the Company is entitled at any time and for any reason to refuse to allow him/her to continue to participate in the Programme.
- If in the event of an emergency medical rescue or evacuation from a Programme of you the Client, either by foot, helicopter or otherwise, the responsibility for the payment of such costs will lie with you, the Client. Any subsequent costs for expenses such as hotels, food, transport etc shall be borne by the Client. The same conditions apply if you the client, decide to leave the programme prematurely for medical or personal reasons or otherwise. It is imperative that the client ensures adequate insurance is in place before departure and its details are given to the Company.
- The Client will have consideration for other people. If in the Company’s reasonable opinion, or in the reasonable opinion of any other person in authority, the Client or any member of their party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, the Company is entitled, without prior notice, to refuse to allow the Client to continue with the Programme. The Company will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and the Company will not pay any expenses or costs incurred as a result of the termination.
- The Client who is a ‘Group Leader’ acknowledges that if he/she is making a booking on behalf of another person or persons to engage in the activities within the Programme, that they are accepting responsibility for accepting these terms and conditions on behalf of their ‘Group’
- A Client booking an overseas Programme agrees to take out, at his/her own expense, adequate insurance for the complete duration of the Programme. This should include cover for: The altitude for the expedition or trip, medical expenses, injury, death, cost of repatriation, helicopter evacuation.
- The client shall be fully responsible for ensuring that the insurance taken out includes any travelling associated with the Programme and including cancellation or withdrawal from the Programme by him/her.
7. Under 18’s
The Company will adhere to its Safeguarding Policy (The Adventure Element Safeguarding Policy), which sets out our approach and commitment to the welfare and safety of young and vulnerable people when taking part in one of our programmes. This will be available on our website for you the client to access.
With regards to terms and conditions, you the client should be aware:
- Group Leaders accompanying and/or acting in Loco Parentis for under 18’s are at all times responsible for the pastoral care and standards of behaviour within their group for the duration of the programme.
- Where a Client is making a booking for and /or participating in a Gold DofE Open Expedition programme, he/she acknowledges that participants may be aged between 16 and 25 years. The Company will ensure that accommodation will be arranged so that under no circumstances will an under-18 and an over-18 be sharing a room / tent 1:1.
8. Travel for Overseas Programmes
- No transport, including flights are included in your programme (unless specified). For international programmes the company will advise you as to which flights to book based on itinerary requirements, timings, cost and the in-country onward travel needs. However, the Client is not bound by these arrangements, and accepts that booking alternative transport may interfere with the programmes itinerary.
- The Client should not book overseas travel until the Programme is confirmed to run with minimum numbers of clients.
- The Company cannot accept any responsibility for any of the travel arrangements that the Client makes in-order to join that Programme. The Company accepts no financial liability that may arise from any enforced change to the Client’s travel plans due to any alteration of the programme dates, the itinerary or its cancellation, howsoever caused. The Client is advised to book transferable, refundable travel tickets with no penalties should a cancellation be necessary.
- Transfers to and from the departure airport or UK hotels or meals (unless specified in the Programme itinerary) are not included.
- The Company cannot be held responsible for any missed connecting transport that the Client has booked independently.
6. Cancellations and Changes
- The Company reserves the right to cancel any trip which does not have sufficient people taking part to make it financially viable. If a trip is likely to be cancelled under such circumstances, we undertake to in-form you as soon as possible, but this may occur after final balances have been taken.
- Whilst every effort will be made to adhere to the planned itinerary, it must be realised that in this type of adventurous travel / adventurous activities, changes to the itinerary may occur for which the Company accepts no responsibility, however caused. The Company will make every effort to inform you of any change, as we know of each change before commencement. Your final itinerary may differ in respect of the places where you stay overnight or activity venues used. In particular it may be necessary to alter your itinerary at short notice due to adverse weather, force majeure, mountain conditions, client or leader illness, road conditions, or to operating conditions imposed by owners and operators of accommodation, facilities, aircraft, vessels and other forms of transport. Should such conditions involve clients incurring extra costs such as accommodation, transportation and meals, such costs should be borne by the client.
- The Company may for operating reasons adjust advertised departure and return dates by 24 hours, even after bookings have been accepted.
- Our Leaders / Guides and Instructors will do their utmost to ensure that any problems are solved for the benefit of the group as a whole. Signing the booking form signifies your acceptance of the Leader’s authority to make decisions affecting the group or individuals. For instance, he/she may require an individual to leave the group if he/ she believes that person’s health is at risk, inadequate fitness, if an illegal act is committed, or their behaviour becomes detrimental to the safety, enjoyment or well-being of the group. Should the Leader take such action, that person would not be entitled to any refund.
- On assessing the conditions expected to be encountered during any given day or the abilities of the team members, your trip Leader or instructor may decide to change any aspect of the trip, if he/she believes that to continue with the itinerary would place anyone at undue risk.
- Most international trips have days in the itinerary that are included to provide flexibility in case of bad weather or other delays, and thereby increases the chance of your main objective being achieved and for the trip to be successful. If these days are not needed in order to achieve the aim of the expedition and the team decides to return from the mountains early, any additional costs incurred by you and associated with extra hotel nights, or services that would not otherwise have been provided nor were given in the published itinerary, must be met by you, the client at the time.
- A client leaving a trip at any stage, for whatever reason, will not be entitled to any refund or compensation unless agreed by the Directors of The Company.
- If the UK Foreign Office does not issue advice against all travel to your destination, and you decide not to travel on the basis of a perceived threat or hazard, howsoever formed, this will be interpreted as a voluntary cancellation and the charges set out in booking condition 1.2 is applied.
- Non-UK Nationals should consult their own government for advice on travel to the destination country and all countries transited en-route. The Company will however be governed by advice from the UK Foreign Office.
7. Complaints and Agreements
- By agreeing to these booking conditions, you consent to the Company’s staff taking photographs and/ or video footage of you during the trip and that these images may be used by the Company for publicity and training purposes including, but not limited to, in brochures, websites material and in the media. Photos and video footage supplied by you or other team members may also be used as described above. Under 18’s are an exception to this condition. Additional consent will be sort by the company from parents or guardians of the young person.
- On the advancement of deposit for a booking on any of our trips the client acknowledges that he/she has read and understands the above booking conditions and agrees to be bound by them.
- If you have any complaints whilst taking part in a trip, you must immediately inform your trip leader or instructor who will use all reasonable efforts to remedy it. If you remain dissatisfied, you must make full details of the complaint known to us in writing within 28 days of the end of your holiday. If you fail to follow this simple complaints procedure, your right to claim the compensation you may otherwise have been entitled to may be effected or even lost as a result. Full details of our complaints procedure are available on request.
- The terms and conditions of all agreements made with the Company shall be subject to, and governed by, English Law alone. Any disputes or claims are to be decided by the English Courts, and subject to English Law alone.