GENERAL TERMS and CONDITIONS when booking with ADVENTURE CHALLENGES

Introduction

Adventure Challenges sets out the following General Terms and Conditions as regards the services available to you via this website.

In order for the booking process to be complete, it is necessary for all customers to read and accept these General terms and Conditions. Please click the appropriate button/box provided for this purpose.

The agreement between customers and the relevant logistical party and provider comes into force once Adventure Challenges provides written confirmation of the booking via a Booking Confirmation.

We advise customers to keep a copy of these Terms and Conditions for future reference.

Definitions and Scope

1 Definitions

‘Ts & Cs’ refers to General Terms and Conditions.

‘Customer’ (or “you/your”) refers to a customer who reserves or books on or more of our services on the website.

‘Lead Customer’ means the Customer who makes a booking for themselves and/or others under the same booking.

‘Rules and Restrictions’ means any terms and conditions applicable to services provided by third parties and logistical partners. (Examples- accommodation, travel, catering.)
Making your Booking via Website

‘Service’ means a service offered on the website, such as transport, accommodation, car hire, bike hire, insurance, payment processing etc.

‘Logistical Partner or Travel Service Provider’ an organisation such as Adventure Challenges that provides the services available, such as accommodation, transport hire, tours, activities etc.

‘Third Party Provider’ refers to any party other than Adventure Challenges who provides services to the customer directly.

‘Unavoidable and Extraordinary Circumstances’ – as defined in the body of T & C. ‘Website’ means adventurechallenges.co.uk

2 Scope and your relationship with Adventure Challenges

Adventure Challenges operates the Website as an interface between you, the Customer, and various logistical partners providing relevant services. When you enter a booking using the Website, you enter into a contract with the relevant service provider.

These General Ts & Cs refer to the offering and provision of services via this Website and incorporate any applicable Rules and Restrictions made available before booking and which the Customer accepts when the booking is actually placed. The Customer’s responsibility is to familiarise himself/herself with the Ts & Cs and applicable Rules and Restrictions. Details of specific Rules, Restrictions and Regulations are available prior to any booking.

Adventure Challenges can change the General Ts & Cs and relevant Rules and Restrictions can be changed by logistical partners and providers at any time without prior notice. Such changes will not apply to any bookings already accepted by Adventure Challenges on behalf of partners concerned. Therefore, it is essential that the Customer reads, saves, and/or prints a copy of General Terms and Conditions at the time booking.

3 Booking via the Website

The Customer’s legal authority

The Website helps the Customer find organised trips and ‘challenges’, make the necessary reservations, and acts as an interface in the transactions with Adventure Challenges and logistical partners.

The Lead Customer must be at least 18 years of age and legally authorised to enter into contractual obligations when booking. They must have the requisite consent of any parties or persons to act on their behalf when booking and must use the Website in accordance with the General Ts & Cs and any Website Terms of use.

The Lead Customer must ensure and hereby confirm that details provided for all parties to the booking are full and accurate, that all parties are bound by these General Ts & Cs and that the Lead Customer has the authority to accept and does accept these General Ts & Cs on behalf of all customers within the booking.

The Lead Customer is responsible for the booking, paying the deposit and total price, making any amendments and cancellation requests, and paying any additional charges concerning the booking and all other matters relevant to the booking.

The Lead Customer agrees to check all descriptions on the travel documentation received after booking and inform us immediately of any errors or instances where personal details do not correspond with those shown on the passports of those travelling under the booking.

The Lead Customer is responsible for her/his activities on the Website, (financially or otherwise), including the possible use of her/his password and/or username. The Customer guarantees that any information entered by her/him onto the Website in relation to her/him or travelling companions is accurate.

Any use of the Website that is fraudulent or in conflict with these General Terms and Conditions shall be reason for refusing Customers access to the services offered by Adventure Challenges and logistical providers or other functionalities of the Website.

Deposits and Balances

To secure a booking, we must receive payment of the required deposit, per person. Once the deposit has been accepted, all clients will be deemed to have agreed to terms and conditions.

The balance of all monies is due 10 weeks before your scheduled commencement date and is payable by bank transfer.

Changes or cancellations

If you wish to change details or cancel a trip, you must alert Adventure Challenges as soon as possible. Rates of reimbursement depend on which logistical partners, trips, and providers are involved. Below is a guide only; please get in touch with the office for up-to-date charges.

a) 60 and more days before trip start date – loss of deposit
b) 59-42 days before trip start date – 30% or loss of deposit if higher
c) 41-28 days before trip start date – 60%
d) 27-14 days before trip start date – 90%
e) Less than 14 days before trip start date – 100%

Cancellation due to Coronavirus

If you have to cancel because you or your travelling companion /any member of your booking party is diagnosed with COVID-19 or you are required to self-isolate (in accordance with then applicable UK coronavirus government guidance) (“COVID-19 reason”), we advise you (and/or the person(s) concerned) to

Contact your Travel Insurance provider.
Notify us of your need to cancel due to Covid-19 in writing and provide written official evidence of diagnosis and need to self-isolate etc.
Your COVID-19 reason must prevent your departure on holiday taking account of then-applicable UK coronavirus government guidance on the period for which you are required to self-isolate.

4 Travel Documents

Adventure Challenges and its logistical partners will provide relevant travel documents ordered through the Website to the email address provided at the time of booking. If physical documents are required to be posted these will be sent to the address given at the time of booking.

Adventure Challenges does not guarantee any delivery times and will not be responsible for physical travel documents sent by post or courier not reaching the Customer before the departure date (whether due to failure by the delivery service chosen or otherwise). Customers should allow sufficient time for the selected delivery method to ensure that they receive their physical travel documents in advance of their date of travel. The Lead Customer’s responsibility is to ensure that the address they provide for postal or courier delivery of tickets is correct.

5 Accommodation Services

The indication of the comfort level given to hotels in the descriptions on the Website corresponds to a classification based on local standards in that country, which can differ from standards in United Kingdom. This classification is provided only as an indication. Customers should be aware that standards can vary between hotels of the same class in different countries and even in the same country. It is essential to read the individual hotel descriptions carefully. Typically Adventure Challenges and its partners use accommodation with 3 stars or more. See the rating description below.

3 Stars: For the traveller who wants a little more and appreciates service, quality, style and comfort. Also recommended for families. There is typically a restaurant serving breakfast at least and sometimes lunch and/or dinner. Conference rooms and other facilities, such as a swimming pool or services for business travellers may be available.

6 Activities

It is possible that, from time to time, particular activities, tours or routes offered, as shown in the description on the Website, are cancelled. For example as a result of weather conditions or other reasons beyond our or one of our logistical partners’ reasonable control, during out-of-season stays, or if the required number of participants for the activity is not achieved.

Where sightseeing is concerned, the sequence of the various tourist attractions is shown only as an indication.

7 Meals

Please note particular meal provisions for each trip. We endeavour to cater to all dietary requirements, providing sufficient prior notice. There is no financial compensation for any meals missed or not taken. Drinks are not included with meals.

8 Taxes

The local authorities in certain countries may impose additional taxes (tourist tax, etc.), which generally have to be paid locally. The Customer is exclusively responsible for paying such additional taxes. The amount of taxes can change between booking and stay dates. In the event that taxes have increased as at your stay date, you will be liable to pay taxes at the new higher rate. ( See note on Brexit.)

9 Cancellation Procedures

While we will do our best to operate all trips as advertised, we reserve the right to change and correct errors in any of the facilities, services or itineraries described in this brochure and/or on our Website at any time before or after your booking is confirmed. Most changes are insignificant. Occasionally, we have to make a significant change. If a substantial change has to be made, we will inform you as soon as reasonably possible if there is time before departure. Please note, except for guaranteed departures, our trips require a minimum number of participants to enable us to operate them. If any trip does not have the minimum number of participants needed to make it commercially viable, we are entitled to cancel it. We will notify you of the cancellation for this reason not less than 6 weeks before the start of your trip. For guaranteed departures, we promise not to make any significant changes to the land-only itinerary once the first booking has been made unless we are forced to do so by force majeure, Unforeseen and Extraordinary Circumstances. (See below.)

Unforeseen and Extraordinary Circumstances

In these General Terms and Conditions, where we refer to Unavoidable and Extraordinary Circumstances, a situation beyond the party’s control who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken. This may cover, for example, warfare, other serious security problems such as terrorism, significant risks to human health such as the outbreak of a serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to or within the destination as agreed in the contract.

Force Majeure

Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “unavoidable and extraordinary circumstances”, meaning any event beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease including any mutation or variation of, and the ongoing effects of, Covid-19 or SARs-COV2, or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or our logistical partners’ control. We advise you to check your own insurance for such events.

Note: Every instance of force majeure, including the interruption of means of communication or a strike by carriers, hoteliers or air traffic controllers, will lead to the suspension of the obligations in these General Terms and Conditions that are affected by the force majeure event and the party affected by the force majeure event shall not be liable as a result of the inability to meet such obligations.

Brexit

Please note that specific travel arrangements may be affected due to the United Kingdom’s decision to leave the European Union. This could include an unavailability of particular routes, access to certain ports and airports, and changes to the visa requirements of British citizens travelling to, within or through the EU, additional fees and taxes. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Force Majeure, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay compensation.

Travel Delay

The timings of public transport departures/arrivals Eurostar etc. are estimates only, we cannot accept any liability for any change, cancellation or delay in your transportation from or to the UK or during your trip whether any change, cancellation or delay is caused by adverse weather conditions, rescheduling by a transport supplier, airline or airport authority, action by air traffic controllers, mechanical breakdown, industrial action or any other event or circumstance outside our control.

10 Our responsibility for your trip

Your booking is accepted on the understanding that you appreciate and accept the possible risks inherent in Adventure Challenges and that you undertake the trips, rides or expeditions featured on our Website at your own volition. We will assume responsibility for the arrangements we agree to provide or arrange for you as an “organiser” and with our logistical partners.

(1) We promise to make sure that the trip arrangements we have agreed to make, perform or provide, as applicable, as part of our contract with you are made, performed or provided with reasonable skill and care. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to claim us. In addition, we will only be responsible for what our employees, agents and partners, 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 we had asked them to do (for agents and suppliers).

(2) We will not be responsible for any injury, illness, death, loss (including loss possessions and loss of enjoyment), 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) you or any member(s) of your party or the act(s) and/or omission(s) of a third party not connected with the provision of your trip and which were unavoidable and extraordinary or ‘force majeure’ as defined earlier.

(3) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which any supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract. Any optional excursions or activities booked by you during your trip do not form part of our contract.

(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. Please bear in mind that standards of, for example, safety, hygiene, and quality may vary throughout the destinations, services and transport your trip involves and may be lower than or different to those applicable in the UK. If the particular services which gave rise to the claim or complaint complied with the 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 client to refuse to take the trip in question.

11 Special Requests/ Medical Conditions/Disability/ Allergies/ etc

If you have any special requests, the Lead Customer must advise us prior to submitting your booking form. Although we will endeavour to pass any reasonable requests on to the relevant partner, we regret we cannot guarantee any request will be met unless we have specifically confirmed it. Failure to meet any special request will not be a breach of contract on our part unless we have done so. Confirmation that a special request has been noted or passed on to the partner or the inclusion of the special request in your confirmation pack or elsewhere is not confirmation that the request will be met. Unless and until expressly confirmed, all special requests are subject to availability.

For your protection, you should obtain confirmation in writing that a special request will be complied with (where it is possible to give this) where it is important to you. Special requirements we have accepted will be specifically confirmed as accepted in your confirmation pack. Before you make your booking, we will advise you as to whether the proposed tour arrangements are generally suitable for someone with reduced mobility. However, reduced mobility of course, means different things to different individuals as we fully appreciate that individual capabilities, restrictions and requirements are likely to vary considerably. When we refer to reduced mobility, this means any material reduction in mobility whether this is permanent or temporary and whether caused by age or by physical or mental disability or impairment or other cause of disability. If any group member suffers from reduced mobility or has any other medical condition or disability which may affect your tour or any special requirements as a result of reduced mobility or any medical condition or disability, please tell us before you make your booking so that we can provide you with precise information as to the suitability of the arrangements for the person(s) concerned taking into account their needs. In any event, the Lead Customer must give us full details in writing when booking and whenever any change in the condition, disability or mobility occurs. The Lead Customer must also promptly advise us if any medical condition, disability or reduction in your mobility that may affect your tour develops after your booking has been confirmed.

12 Foreign Office Advice

The UK Foreign Office publishes regularly updated travel information on its Website www.gov.uk/ foreigntravel-advice and https://travelaware.campaign.gov.uk/
Especially in times of the Covid 19 situation and post-Brexit we strongly recommend that you consult before booking and in good time before departure.

13 Passport, Visas and Health Requirements

It is the responsibility of the Lead Customer to check passport and visa requirements for your tour at the time of booking. Requirements may change, and you must check the up-to-date position in good time before departure.
We will assume that all group members are British citizens with a British passport (or entitlement to apply for one) unless the Lead Customer advises us otherwise. If any group member is not a British citizen or holds a non British passport, the Lead Customer should advise us before making your booking so that we can provide you with the applicable general advice on passport and visa requirements.

It is the Lead Customer’s responsibility to ensure you obtain details of and comply with all recommended and required vaccinations, health precautions and other health related measures (including those introduced to deal with Coronavirus) in good time before departure. As changes may occur at any time (including at short notice), the Lead Customer must ensure they know the current position before departure.

Details are available from your GP surgery and travel clinics and from the National Travel Health Network and Centre www.travelhealthpro. org.uk. Information on health is also available on www.nhs.uk/live-well/healthy-body/before-you-travel.
It is the Lead Customer’s responsibility to ensure that all group members have all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation or otherwise comply with all applicable requirements (including health / coronavirus related ones.). If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us or expenses or costs being incurred by us, you will be responsible for reimbursing us accordingly.

14 Insurance

We advise you to have travel and or personal insurance even on UK based activities. You and your belongings are at all times solely at your own risk. You are wholly responsible for arranging your own insurance. For overseas trips, you must ensure that you have personal travel insurance with protection for the full duration of the trip regarding at least medical expenses, injury, death, repatriation, cancellation and curtailment, with adequate and appropriate cover, including medical emergency helicopter rescue. If you make your own arrangements, you should ensure that no exclusion clauses are limiting or excluding protection for the type of activities included in your trip. You must ensure that all travel insurance purchased meets your particular requirements, and you should arrange supplementary insurance if need be

15 Adventure Challenges Liability

Adventure Challenges owns and operates this Website which acts as an interface between you and our logistical partners who provide the Services to you. You enter into a contract with our relevant logistical partner and providers when booking with us. Adventure Challenges will not be liable for any such Services (eg: air transport services, accommodation services) that our partners make available to you or for the acts, errors, omissions, representations, warranties or negligence of any such partners.

Our partners provide to Adventure Challenges the information describing the Services which Adventure Challenges displays on its Website to you, such as travel service details, photographs, rates, the terms and conditions for the Service. It is the partner/provider’s responsibility to ensure that such information provided to Adventure Challenges is accurate, complete and up-to-date.

Subject to the limitations set out in these General Terms and Conditions, you agree that neither Adventure Challenges or its affiliates will be liable for any direct, indirect, punitive, special, incidental or consequential losses or damages arising from the Services, the use of the Website, any delay or inability to use the Website, or from the Customer’s use of links from the Website.
In respect of liability for Adventure Challenges obligations under these General Terms and Conditions, or if Adventure Challenges is found liable for any loss or damage under these General Terms and Conditions, then Adventure Challenges shall only be liable to you for direct damages that were:

(i) reasonably foreseeable by both you and Adventure Challenges
(ii) actually suffered or incurred by you; and
(iii) directly attributable to the actions of Adventure Challenges,
and in the event of any liability of Adventure Challenges, such liability will in no event exceed, in the aggregate, the greater of (a) the cost paid by the Customer for the Services in question, or (b) one-hundred dollars (US$100.00) or the equivalent in local currency.

16 Applicable Law

These General Terms and Conditions are governed by the laws of England and Wales. The Customer agrees that the English Courts shall have jurisdiction to hear and determine any dispute (including non-contractual disputes or claims) arising from the interpretation of these terms. However, the Customer may choose the law and jurisdiction of Scotland or Northern Ireland if that is where the Customer resides.

17 Complaints Procedure

At Adventure Challenges, we will always do our utmost to resolve complaints quickly and amicably either before or after departure. Complaints should be put in writing and sent to us as soon as possible. Until we know about a complaint or problem, we cannot begin to resolve it. Most issues can be dealt with quickly and amicably, and we work with our logistical partners aiming to ensure this outcome.

If the complaint or problem is not resolved to your satisfaction and you wish to pursue the matter, you should contact us in writing with full details within 28-days. Only the Lead Customer should contact us on behalf of the group. If you fail to follow this simple complaints procedure, your right to claim the compensation you may otherwise have been entitled to may be affected or even lost as a result.

18 Conditions of Suppliers, Affiliates, Logistical Partners

Many of the services which make up your trip/route/adventure etc 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 or regulations. Copies of the relevant parts of these terms and conditions are available on request from the supplier concerned.

19 Key rights under Directive (EU) 2015/23/02

Before concluding the contract, travelers will receive all essential information about their trip/ route/adventure.

Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or co-ordinator, support group.

A client may transfer the booking to another person, on reasonable notice and possibly subject to additional costs.

A client may terminate the contract without paying any termination fee before the start of the trip in the event of exceptional circumstances, for instance, if there are serious security problems at the destination which are likely to affect the event.

Additionally, travellers may at any time before the start of the trip terminate the contract in return for an appropriate and justifiable termination fee.

The organisers, crew, support team etc. has to assist if the traveller is in difficulty.

20 Data Protection

The protection of your personal data is extremely important to us. In order to respond to an enquiry, send you any material in respect of our tour arrangements and process and fulfil your booking, we need to use, where appropriate disclose and otherwise process the personal data you provide us with. We will only process your personal data in connection with the purpose for which you have provided it (for example, arranging your ‘adventure’) or as you have consented to our using it (for example, to send you marketing material) or as permitted by data protection laws. Personal data which concerns your health or reveals your racial or ethnic origin are special categories of personal data. We take appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, which is appropriate to the harm that might result. Your personal data will be retained by us for the period referred to in our Privacy Policy. You may ask us what personal data of yours is being held or processed, for what purpose and to whom it may be or has been disclosed. You may also withdraw your consent to receiving marketing material or other communications from us at any time by unsubscribing to our e-mails or otherwise contacting us via our Website. Please also let us know if you believe the personal data we are holding is inaccurate, out of date or incomplete. If you have any complaints about how your personal data has been dealt with, please contact us by e-mail to info@adventurechallenges.co.uk. We will investigate and respond to you as soon as we reasonably can. If you remain dissatisfied, you may complain to the Information Commissioner’s Office. For further details, see www.ico.org.uk