Adventure Base Ltd terms of agency booking services.
1.1 We are Adventure Base Limited (06556200) whose registered office is 65 Chaveney Road, Quorn, Leicestershire, England, LE12 8AB (we, our, us). These terms and conditions (Booking Conditions) set out the basis on which we book your adventure holiday (Adventure) acting as an agent. Your contract for the provision of the Adventure will be with the provider of the Adventure whose details are set out on our website (Tour Operators and individually Tour Operator).
1.2 When making your booking for an Adventure we will enter into a contract with the applicable Tour Operator, on your behalf. Your booking is subject to these Booking Conditions and the terms and conditions of the relevant Tour Operator (TO Conditions), and you are advised to read both carefully prior to booking. The Tour Operator’s terms and conditions may limit and/or exclude the Tour Operator’s liability to you. You will find [a link to] the TO Conditions on our site and copies are also available on request from us. In the event of any conflict between the Booking Conditions and the TO Conditions, the TO Conditions will take precedence and prevail over the Booking Conditions.
1.3 In these Booking Conditions references to “you” and “your” are to the first named person on the booking and include all persons on whose behalf a booking is made and any person to whom a booking is transferred. When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party these Booking Conditions and the TO Conditions. This means that you are responsible for making all payments due, notifying us of any changes or cancellations and for receiving communications from us and keeping members of your party informed.
2.0: Important Warning
2.1 The Adventures take place in remote areas and in harsh environments where the unexpected is the norm and, despite painstaking planning and organisation, the Adventures can never be taken for granted like regular holidays. This unpredictability means that the itineraries and objectives for Adventures should be seen as statements of intent, rather than as contractual obligations. Accordingly, provided such changes can be made they will not be regarded as a change for the purposes of clauses 9, 10 and 11 which will not apply in the event of such changes. Alternatively, the Tour Operator may cancel the Adventure and in that event the provisions of clauses 10 and 11 shall apply as regards a cancellation. The Tour Operators will only change the venue, mountain objective, route or activity if it is or becomes impossible or they believe it would place you, any group member and/or guides at undue risk as a result of:
– unfavourable weather conditions; and/or
– client ability; and/or
– unavailability of accommodation due to unfavourable conditions (eg closure of mountain refuges).
2.2 Clause 2.1 applies to all Adventures, but we and/or the Tour Operator will endeavour to give you as much advance notice as is possible in the circumstances should such changes be necessary.
IF YOU ARE NOT PREPARED FOR THIS, YOU SHOULD NOT BOOK
3.0: Accuracy of information and booking errors
3.1 We endeavour to ensure the accuracy of all the information and prices of the Tour Operators in our advertising material. However, occasionally changes and errors do arise, and we reserve the right to correct them in such circumstances. You must check the current price and all other information relating to the Adventure that you wish to book before your booking is confirmed. We will not be liable for booking errors which are attributable to you or which are caused by unavoidable and extraordinary circumstances as defined in clause 12.
4.1 You can submit a request to book an Adventure on our site by pressing the Book Now button. Here you can fill in your details and chose your dates, and pay via Credit Card. There is no additional charge for using credit cards. If you have any questions before requesting a booking or would like to book a bespoke trip that is not on the site, give us a call or send us an email.
4.2 When you request a booking, you will be required to pay a deposit of not less than 25% of the price of your Adventure unless your Adventure start date is less than 15 weeks away when we will require full payment of the price of the Adventure. On receipt we will send an acknowledgement email. Check your Spam email if you do not receive the acknowledgement email. Please note that your booking has not been accepted at this stage. Please also note that many Adventures require a minimum number of participants and our TO’s reserve the right to cancel any Adventure where this minimum number is not achieved. The acknowledgement email will indicate whether your Adventure requires a minimum number of participants.
4.3 As soon as your booking request is accepted, there is a binding contract between you and the relevant Tour Operator, and we will send you an email confirming your booking has been accepted (Confirmation Email). For Adventures which require a minimum number of participants in order to run the Adventure if the relevant number has not been reached (whether as a result of a lack of bookings or cancellations) before the balance due date or such other deadline as is specified in the Confirmation Email, the Tour Operator is entitled to cancel it. If the Tour Operator cancels, we will notify you of cancellation for this reason by the date by which full payment of your Adventure must be received by us (normally 15 weeks before departure). Please note that neither the Tour Operator nor ourselves are liable for any costs, expenses or losses you incur (for example, in respect of flights) as a result of the cancellation of any trip due to lack of minimum numbers. You are accordingly recommended not to incur any non-refundable expenditure until you have received confirmation that your Adventure is guaranteed to operate.
Please check your Confirmation Email carefully and report any incorrect or incomplete information to us immediately. As we act only as booking agent, we have no responsibility for any errors in any documentation except where an error is made by us. It may not be possible to make changes to your Adventure later so you should notify us of any inaccuracies in any documentation within ten days of our sending it out.
4.4 If you have paid a deposit, fifteen weeks before the Adventure start date we will send you a balance chase, and you may pay this by Credit Card via the Pay Now link.
4.5 Except where otherwise advised or stated in the relevant TO Conditions, all monies you pay to us for Adventures will be held on behalf of the Tour Operator(s) concerned.
4.6 If we do not receive any payment due in full and on time, we will notify the relevant Tour Operator who reserves the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 8 below will become payable.
5.1 Our Tour Operators require that you take out adequate travel insurance for all members of your party. As a minimum, such insurance must cover you and all members of your party against the cost of assistance (including repatriation) in the event of death, accident or illness, loss of baggage and money and cancellation.
5.2 You may contact DogTag or BMC or Snowcard or True Traveller for insurance but we are not insisting or recommending that you use one of these providers, nor that their policies are adequate for your needs. It is your responsibility to ensure that the insurance you purchase is adequate and appropriate for your particular needs. Please read your policy details on receipt and take them with you on your Adventure.
6.0: Special requests
6.1 Special requests relating to your Adventure must be notified to us at the time of booking and confirmed to us in writing. We will pass on any such requests to the relevant Tour Operator, but we cannot guarantee that they will be fulfilled.
6.2 If the relevant Tour Operator agrees to the request, we will notify you in the Confirmation Email but where requests or requirements have not been so confirmed in writing in our Confirmation Email, we will not be in breach of contract nor have any liability to you.
7.0: Aptitude, health, disabilities and medical problems
7.1 You acknowledge that the Adventures often require you to perform activities which are physically and mentally challenging. If you are not physically or mentally capable of performing an activity the Tour Operator may require you to abandon the Adventure immediately. The Tour Operator’s decision is final and binding although they will consult with your guide before taking any such decision. In these circumstances you will no longer be able to participate in the Adventure although you may remain at any accommodation provided it is part of your original itinerary and for such length of time as was provided for in the original itinerary, but the Tour Operator will be under no obligation to provide alternative activities, or any refund of monies paid by you. If you are required to abandon the Adventure and as a result cannot access accommodation in the original itinerary (for example a mountain refuge) then you will need to pay for alternative accommodation as it will not be considered to be part of your original itinerary and the Tour Operator will be under no obligation to provide alternative activities, or any refund of monies paid by you.
7.2 You acknowledge that you are choosing to travel at a time where you may be exposed to the COVID-19 virus. You also acknowledge that you must comply with all advice and guidance issued by relevant health authorities. We will take all reasonable steps to ensure your safety and may require you to follow additional safety protocols on your trip. We use information from government foreign departments and reports from our Tour Operators in assessing how your Adventure should operate. However, it is also your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks, and the nature of your itinerary. You acknowledge that your decision to travel is made in light of this information, and you accept that you are aware of the personal risks attendant upon such travel. To the fullest extent permitted by law, we and our Tour Operators accept no liability in relation to these additional risks.
7.3 You understand that the Adventures can be physically demanding. We will give you information about whether the Adventure you have chosen is generally suitable for persons with reduced mobility but if you or any member of your party has any precise medical problem or disability which may affect your chosen Adventure, please provide us with full details at the time you make your booking request. Our Tour Operators can only provide precise information on the suitability of an Adventure taking into account your needs if you specifically request them to do so (by notifying us). Acting reasonably, if our Tour Operator is unable to accommodate your needs, we will not confirm your booking and/or if you did not give us full details at the time of booking, our Tour Operator will treat it as cancelled by you when we become aware of these details.
8.0: The price you pay
8.1 Our Tour Operators reserve the right to amend the price of unsold Adventures at any time and correct errors in the prices of confirmed Adventures.
8.2 We therefore reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the price of your chosen Adventure at the time of booking.
8.3 The price of your confirmed Adventure is subject to variations which occur solely as a direct consequence of changes in:
8.3.1 the price of the carriage of passengers resulting from the cost of fuel or other power sources;
8.3.2 the level of taxes or fees on your confirmed Adventure imposed by third parties not directly involved in the performance of the Adventure, including tourist taxes; or
8.3.3 the exchange rates relevant to the Adventure.
8.4 Price variations will be calculated by applying the cost differential the relevant Tour Operator experiences as a result of the above factors. Prices may go up or down and we will notify you about any variation by sending you a calculation explaining the variation no less than 20 days before the start date of your Adventure.
8.5 If that means that you have to pay an increase of more than 8% of the price of your Adventure (excluding any insurance premiums, amendment charges and/or additional services), the Tour Operator will offer you the options in clause 9 under the heading ‘Options on change or cancellation’.
8.6 If prices go down as a result of the above factors, the Tour Operator will make a refund, but only after deducting its administrative expenses from what is owed to you. In some circumstances this may extinguish the value of the refund due.
8.7 Some Adventures are not always purchased in local currency and some apparent changes will have no impact on price due to contractual protections in place.
9.0: Changes and cancellations by you
9.1 Amendments and cancellations can only be accepted in accordance with the TO Conditions applicable to your Adventure. The Tour Operator may charge the cancellation or amendment charges shown in the table in clause 11.1 below.
9.2 If you wish to make any changes to your Adventure after they have been confirmed, including if you wish to cancel all or some of them, you must inform us in writing by email or post, as soon as possible and such notice will take effect on the working day we receive this during the hours of 9am to 5.30pm. We cannot guarantee that our Tour Operators can agree to all changes. Since the Tour Operator incurs costs in cancelling or changing your Adventure, all such changes and cancellations will be subject to the charges shown in the table below. Where our Tour Operator is unable to assist with making a requested change, and you do not wish to proceed with the original booking the Tour Operator will treat this as a cancellation of the Adventure by you.
9.3 Save in respect of any change to the venue, mountain objective, route or activity in the circumstances referred to in clause 2.1 you may cancel any Adventure prior to its commencement (following the process outlined above) in the event that:
9.3.1 circumstances amounting to unavoidable and extraordinary circumstances (as set out in clause 12) occur at the place where your Adventure is due to be performed or its immediate vicinity; and
9.3.2 if the performance of your Adventure will be significantly affected by those unavoidable and extraordinary circumstances. In this event, you will receive a refund without undue delay of any payments made but this is the maximum extent of our Tour Operator’s liability and we regret our Tour Operators cannot meet any other expenses or losses you may incur as a result.
9.4 If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the Adventure, including an agreement to these Booking Conditions and the relevant TO Conditions) providing we are notified in writing not less than seven days before departure and you pay an amendment fee of £100 and meet all costs and charges incurred or imposed by the relevant Tour Operator. Both you and the person to whom you would like to transfer your Adventure shall be jointly and severally liable for the payment of any balance due and for any additional fees, charges or other costs arising from the transfer. If you are unable to find a replacement, you may have to pay additional supplements for your accommodation. For example, you may have to pay single or under- occupancy supplements. Otherwise, no refunds will be given for passengers not travelling or for unused services. Please note that in relation to some Adventures (for example those to India) the local authorities will not permit name changes once passport details have been supplied for entry purposes. In such situations, transfers of bookings will not be permitted.
Charges in the event of a cancellation
9.5 In the event of a cancellation, you will have to pay the Tour Operator’s cancellation charges set out in the table in clause 11.1 below. The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling.
9.6 If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. We will deduct the cancellation charge(s) from any monies you have already paid to us.
Charges in the event of a change
9.6 In the event the Tour Operator can meet your requested change, you will have to pay any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our Tour Operators. If the Tour Operator is unable to make alterations as you requested and you do not wish to continue with the booking then the cancellation charges in the table in clause 11.1 below apply.
Note: Certain Adventures may not be amended after they have been confirmed and any alteration or cancellation could incur a charge of up to 100% of that part of the Adventure in addition to the charges above. For example, Tour du Mont Blanc Trekking Self-Guided Trips where, once the refuges have been booked it is unlikely the Tour Operator will be able to make amendments or obtain refunds.
10.0: Changes and cancellation by the Tour Operator
10.1 We will inform you as soon as reasonably possible if the Tour Operator needs to make a significant change to your confirmed Adventure or to cancel it. We will also liaise between you and the Tour Operator in relation to any alternative Adventure offered by the Tour Operator but we will have no further liability to you.
10.2 Where we refer to a ‘price reduction’ in this clause, we mean that the Tour Operator will give you an appropriate reduction in the price you paid for the Adventure affected for any period during which there was lack of conformity, (unless that lack of conformity is attributable to you). Where we refer to ‘compensation’, the Tour Operator will pay you appropriate compensation without undue delay for any damage which you sustain as a result of any lack of conformity subject to the limitations and exclusions in clauses 15.4 to 15.10 (inclusive).
Changes and cancellations before departure
10.3 Most changes will be insignificant, and the Tour Operator reserves the right to make them. If the Tour Operator makes an insignificant change to the main characteristics of any Adventure we will try to notify the change to you as soon as reasonably possible before your departure but we will not notify you about any other insignificant change. The Tour Operator will have no other responsibilities to you in respect of any insignificant changes. Please note that the replacement of one or both tour leaders on an Adventure with leaders having the same level of experiences as those originally advertised will amount to an insignificant change.
10.4 Occasionally, the Tour Operator has to make a significant change and the Tour Operator reserves the right to do so. A significant change is one where the Tour Operator significantly alters any of the main characteristics of your confirmed Adventure (save for any change to the venue, mountain objective, route or activity in the circumstances referred to in clause 2.1 which will not amount to a significant change save where the TO cancels the Adventure). If the Tour Operator has to make a significant change or cancel before departure, we will endeavour to advise you as soon as reasonably possible and, if there is time to do so before departure, the Tour Operator will offer you the choice of the following options:-
10.4.1 (for significant changes) agreeing to the changed Adventure; or
10.4.2 accepting the cancellation or terminating the contract for the Adventure and receiving a refund (without undue delay) of all monies paid; or
10.4.3 accepting an offer of alternative Adventure of comparable standard, if available.
(In the event that any proposed change or alternative offered results in a reduction or increase in the price you have agreed to pay or an increase or decrease in the quality of Adventure, we will also notify you of any price reduction or additional amount due).
10.5 You must notify us of your choice within 7 days of the offer. If you fail to do so, we will contact you again, re-iterating the above choices and sums payable or refundable and if you again fail to respond within 7 days, we will notify the Tour Operator who may terminate the contract and refund all payments made by you without undue delay.
10.6 Subject to the exceptions detailed in clauses 10.7 and 10.8 below, the Tour Operator will, where appropriate, pay you reasonable compensation (as set out in the table in clause 10.1), subject to the limitations and exclusions in clauses 15.4 to 15.10 (inclusive).
10.7 The compensation that the Tour Operator offers does not exclude you from claiming more if you are entitled to do so. The Tour Operator will not pay you compensation where the Tour Operator:-
10.7.1 makes a significant change or cancels before you have paid the final balance of the cost of your Adventure;
10.7.2 makes a significant change or cancels as a result of unavoidable and extraordinary circumstances as set out in clause 12;
10.7.3 cancels your Adventure no later than 20 days before it is due to start because the minimum number of participants to run it has not been reached.
10.8 The Tour Operator will not make a price reduction or pay you compensation; and the above options will not be available where:-
10.8.1 it is an insignificant change;
10.8.2 the Tour Operator cancels as a result of any failure by you (including a failure to make payment in accordance with the Booking Conditions and/or the TO Conditions);
10.8.3 where the change(s) or cancellation by the Tour Operator arises out of alterations to the confirmed booking requested by you.
Changes and cancellations to Adventure after departure
10.9 If the Tour Operator becomes unable to provide a significant proportion of your Adventure after you have departed, the Tour Operator will try to offer you a suitable alternative Adventure or, where possible, equivalent or higher quality than that specified in the contract. If the alternative Adventure is of a lower quality than that you originally booked, the Tour Operator will make a price reduction. Where the original agreement included return transport the Tour Operator will also provide you with equivalent transport back to your place of departure without undue delay or additional cost. You may reject the proposed alternative Adventure only if it is not comparable to what the Tour Operator originally promised to provide or if the price reduction offered is inadequate. Where the Tour Operator is unable to offer a suitable alternative Adventure or you reject the proposed alternative Adventure in accordance with this clause, the Tour Operator will pay you compensation as referred to in the table in clause 11.1 subject to clause 15. Please note, this clause does not apply where changes are made in the circumstances referred to in clause 2.
10.10 The above sets out the maximum extent of the Tour Operator’s liability for changes and cancellations and we regret neither we nor the Tour Operator can meet any other expenses or losses you may incur as a result of any change or cancellation.
11.0: Changes and cancellation charges
11.1 The following table sets out the sums payable to the Tour Operator or you in the circumstances referred to in clause 9.5, clause 10.6 and clause 10.9:
|Period before departure in which notice of cancellation or Significant Change is received||Amount you will receive from the Tour Operator if it makes a Significant Change||Amount you will receive from the Tour Operator if it cancels||Cancellation Charge if you cancel|
|More than 15 weeks||£10 per person||Return of all monies paid||Deposit only|
|Less than 15 weeks||£20 per person||Return of all monies paid plus £20 per person||100% of Total Price|
11.2 “Total Price” means the total price payable by you for the Adventure excluding insurance premiums and any fees payable for any changes made by you to your booking (Additional Charges). If you cancel (otherwise than pursuant to clause 10.6 and clause 10.9) you will continue to be liable for the Additional Charges in addition to the Cancellation Charges set out above.
12.0: Unavoidable and extraordinary circumstances
12.1 Except where otherwise expressly stated in these Booking Conditions and/or the TO Conditions neither the Tour Operator nor ourselves will be liable or pay you a price reduction or compensation if the contractual obligations to you are affected by unavoidable and extraordinary circumstances beyond the control of the party who seeks to rely on them which we or the Tour Operator of the Adventure could not avoid even if all reasonable measures had been taken.
12.2 These events can include, but are not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, pandemics or epidemics, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the relevant Tour Operator(s) control. Advice from the Foreign Office to avoid or leave a particular country may constitute unavoidable and extraordinary circumstances.
12.3 Changes made to the venue, mountain objective, route or activity in the circumstances referred to in clause 2.1 are not to be regarded as contractual obligations and accordingly if any such changes are made they do not amount to unavoidable and extraordinary circumstances and will not give rise to any right to cancel under clause 9.
13.1 If you have a problem whilst on holiday, this must be reported to Adventure Base or their agent immediately. If you fail to follow this procedure, there will be less opportunity for the Tour Operator to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.
13.2 We would also like to hear from you if you experience difficulty or lack of conformity during your holiday and we will endeavour to assist. You may contact us at firstname.lastname@example.org. If your complaint remains unresolved and you wish to complain further, please send formal written notice of your complaint to the Tour Operator, with a copy to us, within 28 days of the end of your Adventure, giving your booking reference and all other relevant information. Failure to follow the procedure set out in this clause may affect ours and the applicable Tour Operator’s ability to investigate your complaint and could affect your rights.
14.0: Your behaviour
14.1 If in our or the Tour Operator’s reasonable belief or opinion or in the reasonable belief or opinion of any person in authority, your behaviour is jeopardising the safety of people or property or good order and discipline; or is causing or is likely to cause distress, danger, damage or annoyance to any third party or property, or to cause a delay or diversion to transportation, the Tour Operator reserves the right to terminate your Adventure immediately. In the event of such termination the Tour Operator’s responsibilities to you will cease and you will be required to leave your accommodation or other service immediately. Neither us nor the Tour Operator will have any further obligations to you and will not meet any expenses, costs or losses incurred as a result. You may also be required to pay for loss and/or damage caused by your actions directly to the applicable Tour Operator prior to your departure from the Adventure. If you fail to do so, you will be responsible for meeting any claims and costs subsequently made against us or the Tour Operator as a result.
15.0: Limitation of Liability to You
15.1 We have a duty to select the Tour Operators of the Adventure making up your booking using reasonable skill and care. Except as stated otherwise in these Booking Conditions, we have no liability to you for the actual provision of the Adventure, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the Tour Operators using reasonable care and skill, we will have no liability to you for anything that happens during the Adventure or any acts or omissions of the Tour Operator, its employees or agents.
15.2 As agent of the Tour Operator, we accept no responsibility for the actual provision of the Adventure. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the Adventure that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to the commission we have earnt on the Adventure concerned. We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
15.3 Please note that it is a condition of our acceptance of the liability above that you inform us and the Tour Operator(s) concerned without undue delay of the lack of conformity you perceive; and allow a reasonable period in which to remedy it. Please contact Charlie Krarup (MD), email@example.com, 02038134779.
15.4 In the following clauses of this clause 15, reference to a ‘price reduction’ means the relevant Tour Operator will give you an appropriate reduction in the price you paid for the Adventure affected for any period during which there was lack of conformity, (unless that lack of conformity is attributable to you) and reference to ‘compensation’ means the relevant Tour Operator will pay you appropriate compensation without undue delay for any damage which you sustain as a result of any lack of conformity subject to the limitations and exclusions of this clause 15.
Limitations and exclusions of liability
15.5 The TO Conditions limit the liability of the relevant Tour Operator as follows: –
15.5.1 the Tour Operator will not be responsible, make a price reduction or pay you compensation for any lack of conformity injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-
22.214.171.124 the act(s) and/or omission(s) of the person(s) affected;
126.96.36.199 the act(s) and/or omission(s) of a third party unconnected with the provision of your Adventure and which were unforeseeable or unavoidable; or
188.8.131.52 unavoidable and extraordinary circumstances as set out in clause 12.
15.5.2 the Tour Operator will not be responsible, make a price reduction or pay compensation: –
184.108.40.206 for services or facilities which do not form part of the Adventure or where they are not advertised by us. For example, any excursion you book while away, or any service or facility which your hotel or any other service provider agrees to provide for you;
220.127.116.11 for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your Adventure prior to it being confirmed, the Tour Operator could not have foreseen you would suffer or incur if it breached the contract with you; or that relate to any business.
15.6 Any price reduction or compensation that is payable will be calculated taking into consideration all relevant factors for example (but not limited to): –
15.6.1 whether or not you have followed the complaints and notifications procedure as described in the Booking Conditions and/or TO Conditions. It is a condition of the Tour Operator’s acceptance of liability that you notify any claim to ourselves and the relevant Tour Operator strictly in accordance with the complaints procedure set out in the Booking Conditions and/or TO Conditions;
15.6.2 the extent to which the Tour Operator’s employees’ negligence or the Tour Operators’ negligence affected the overall enjoyment of your Adventure;
15.6.3 deduction that the Tour Operator must make to take account of any money which you have received or are entitled to receive from any transport provider or hotelier for the complaint or claim in question.
15.7 Please also note that where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to the Tour Operator or its insurers any rights they may have to pursue any third party and must provide the Tour Operator and its insurers with all assistance they may reasonably require.
Luggage or personal possessions and money
15.8 The maximum amount the relevant Tour Operator will have to pay you in respect of any claim for loss of and/or damage to any luggage or personal possessions or money is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
Claims covered by an International Convention
15.9 The relevant Tour Operator relies on the terms and conditions contained within any applicable International Conventions. For example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage which are incorporated into and form part of your contract with the Tour Operator who is to be regarded as having all the benefit of any limitation of compensation contained in the these Conventions or any other such conventions.
15.10 The Tour Operator’s liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your Adventure.
Assistance in the event of difficulty
15.11 The relevant Tour Operator will provide appropriate assistance without undue delay in the event that you experience difficulty. Such assistance will extend to providing appropriate information on health services, local authorities and consular assistance; and helping you to make distance communications and to find alternative travel Adventure. The Tour Operator will charge a reasonable fee for such assistance if the difficulty is caused by you intentionally or as a result of your act or omission. In the event such assistance is needed please contact +44 (0) 20 3813 4779 or +33 6 47 66 30 93.
16.0: Jurisdiction and applicable law
These Booking Conditions and the TO Conditions and any agreement to which they apply are governed in all respects by English law. You agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.
17.0: Financial security
The Package Travel and Linked Travel Arrangements Regulations 2018 require travel companies to provide security for the monies that consumers pay for certain types and combinations of travel arrangements booked with them and for consumers’ repatriation in the event of their insolvency. Our Tour Operators provide this protection for Adventures by way of a trust account administered by independent trustees, Protected Trust Service #5762 (Learn more here). This means that in respect of all arrangements requiring protection, in the event of the Tour Operators insolvency, funds will be available to pay a refund of the money you have paid.
18.0: Passport, Visa and Immigration Requirements and Health Formalities
It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your Adventure. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable.
Requirements do change and you must check the up-to-date position in good time before departure. Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit www.passport.gov.uk
Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk
Non-British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.
The Tour Operator does not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
PE CONTRACTUAL INFORMATION
The combination of travel services offered to you by the Tour Operator is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations. Therefore, you will benefit from all EU rights applying to packages. Each Tour Operator will be fully responsible for the proper performance of the package as a whole offered by it. Additionally, as required by law, each Tour Operator has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes/they become insolvent.
Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018
- Travellers will receive all essential information about the package before concluding the package travel contract.
- There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
- Travellers are given an emergency number or details of a contact point where they can get in touch with the organiser or travel agent.
- Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
- The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
- Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
- Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package
- Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
- If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
- Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.
- The organiser has to provide assistance if the traveller is in difficulty.
- If the organiser or the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. Adventure Base Ltd has taken out insolvency protection. Travellers may contact this entity or, where applicable, the competent authority, the Civil Aviation Authority if services are denied because of the Tour Operator’s insolvency.