YOUR TERMS – Your contract is made with Ultra Adventures (“UA”, “we”, “us”, “our”) whose registered office is at: Bezant House Bradgate Park View, Chellaston, Derby, DE73 5UH. We accept bookings subject to you agreeing to the conditions set out below. Please read these booking conditions carefully as they set out your respective rights and obligations. In these Booking Conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
- He/she has read these terms and conditions and has the authority to and does agree to be bound by them;
- He/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
- He/she accepts financial responsibility for payment of the non-refundable registration fee of £250 on behalf of all persons detailed on the booking.
MAKING A BOOKING – A booking and binding contract is made with us when a) you complete the registration form b) you pay us a registration fee and c) we issue you with a booking confirmation and receipt.
These booking conditions form the entire agreement between us. No employee of UA other than a director has the authority to vary or omit any of these terms or promise any discount or refund.
FINANCIAL PROTECTION – In accordance with The Package Travel, Package Holidays and Package Tours Regulations 1992 all passengers booking with UA are fully protected for the including repatriation if required, arising from cancellation or curtailment of your travel arrangements due to the insolvency of UA. Flights are booked by UA through the freedom group who hold an Air Travel Organiser’s Licence Number 6042 issued by the Civil Aviation Authority (CAA). For further information visit the ATOL website at www.atol.org.uk.
When you buy an ATOL protected flight-inclusive adventure from us you will receive an ATOL Certificate in your login area approximately four weeks prior to your departure. 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. We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we are not 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 under your contract with UA 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). If the claim is successful, they will refund the monies paid by you directly back to you, and any monies paid on your behalf by the Charity will be returned to the Charity.
If we 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. Please note that ATOL bonding only applies to bookings that include international flights organised by UA and that originate in the UK.
PARTICIPATION – Participants must be a minimum of 18 years old on the adventure departure date and be in suitable physical condition to undertake the challenge as set out in the itinerary. Participants should be fully aware of the possible risks inherent in adventure travel. 16-17yr olds may also participate in adventures, with the agreement of, and when accompanied on the adventure by their parent or guardian. All participants must be UK Nationals and/or residents
DISABILITIES AND MEDICAL PROBLEMS – Our adventures are open to participants of all backgrounds and we will do our best to cater for any special requirements you may have. If you have any medical problem or disability which may affect your involvement in the adventure you must provide us with full details on the Booking Form (such information will be dealt with in a confidential manner). Before we confirm your booking we will advise as to the suitability of your chosen arrangements if possible, and we will endeavour to assist you. The challenging nature of the adventures we operate mean that where a participant’s involvement needs specific medical, social or cultural assistance we may request that they travel with a companion.
If we reasonably feel unable to properly accommodate the particular needs of the person(s) concerned, we will not confirm your booking or, if full details are not given at the time of booking we reserve the right to cancel your booking (imposing applicable cancellation charges) where relevant.
ADVENTURE COSTS – To book on an adventure, you must pay the registration fee when completing the booking form. The registration fee is non-refundable in the event of your cancellation unless we cancel the adventure for any reason other than Force Majeure situations.
You are responsible to pay for your personal equipment, tips, overseas airport taxes*, government imposed fees* and the costs of visas*, vaccinations*, additional food & drink, personal spending money, transport to and from the airport of departure in the UK, and any other activities not included in the itinerary. (*If applicable).
You are responsible for raising a minimum £4000 for Cancer Research UK, 80% of which must be raised , alongside pledges for the remaining 20% 10 weeks prior to the adventure departure date. Any fundraising shortfall will be covered by you. In cases where the shortfall cannot be covered by you your trip will be cancelled and neither the registration fee nor the money raised for Cancer Research UK will be refunded.
You are not entitled to participate in the adventure unless we have received from you or the Charity, cleared funds in respect of the registration fee, the balance of your adventure costs, and any other services that have been booked for you. We reserve the right to treat any arrangements as being cancelled by you if such payment is not received on time, and our standard cancellations charges will apply. In exceptional and unavoidable circumstances we reserve the right to request the balance of adventure costs (or a proportion of those adventure costs), prior to 8 weeks before departure. This may occur in the rare case, where an airline or supplier requires earlier payment than standard industry terms. We will do all we can to vary the terms favourably, and if we are unsuccessful, we will let you know of the revised deadline at the earliest possible opportunity. In the event that the revised deadline requested is not met, we reserve the right to treat the booking as cancelled, with our standard cancellation charges being applicable.
ACCURACY – We endeavour to ensure that all of the information on our website are accurate; however, the information and prices shown on the website may have changed by the time you come to book your arrangements. Although we make every effort to ensure the accuracy of the website regrettably errors do occasionally occur and we reserve the right to correct prices and other details in such circumstances. You must therefore ensure you check the price and all other details of your chosen arrangements with us at the time of booking.
MEDIA – You agree that any photography (stills or video), recordings made or taken prior to, during, or after the adventure, which may include you in it, may be used by us and/or Cancer Research UK in publicity material connected with the challenge, and that we will retain all rights, title and interest in such photography or media made by us including but not limited to any royalties, proceeds, or other benefits derived from such material.
RISK AND HEALTH AND SAFETY – You understand fully that adventure challenges are not without risk. You therefore take part entirely at your own risk and agree to indemnify us, the Charity, our employees, agents, subcontractors and suppliers against claims for loss or damage to personal property or for loss or consequential losses or claims through your participation in this challenge arising from your own actions. The whole philosophy of this type of adventure travel is one which allows alternatives and a substantial degree of on-tour flexibility. The outline itineraries given for each adventure must therefore be taken as an indication of what each group should accomplish and not as a contractual obligation on our part. It is a fundamental condition of joining any adventure that you accept this flexibility, and acknowledge that delays and alterations and their results are possible. You must be adequately fit to cover the distances and undertake the program set out in your adventure itinerary. If it is felt that any client is not sufficiently fit, healthy, properly equipped or able to complete an adventure without affecting its safety, comfort or progress, the adventure leader at any stage has the right to remove you from the adventure. We have a policy to not pay any ransom or make any payments in order to secure the release of hostages. All participants must wear safety clothing or equipment such as may be required in the country concerned or under the rules and regulations of any local service provider of any activity undertaken by you.
MEDICAL TREATMENT – It is a condition of joining an adventure that in cases of emergency we have your authority to arrange any necessary medical or surgical treatments and to sign any required form of consent on your behalf.
BEHAVIOUR – You must comply with the laws and regulations of the countries visited and comply with all reasonable instructions of the adventure leader relating to the safety and organisation of the adventure. If in our opinion, any airline pilot, accommodation manager or other person in authority feels that you are behaving in such a manner as to cause danger, distress or annoyance to others or cause damage to property, your challenge arrangements may be terminated by us or the supplier concerned. In such an event, we shall have no liability to you and will not be responsible for making any refunds, paying any compensation or meeting any costs or expenses you incur as a result. Furthermore, you agree to indemnify us for the full amount of any claim (including all legal costs) made against us by the supplier or any third party, or any costs that we incur, as a result of your conduct.
PASSPORT AND VISA REQUIREMENTS – It is your responsibility to fulfil the passport, visa and other immigration requirements applicable to your itinerary. We can provide general information about the passport and visa requirements for your trip, but this is for guidance only. Your specific passport and visa requirements and other immigration requirements for you and your party are your responsibility and you should confirm these with the relevant Embassies and /or Consulates before you travel. We can provide general information about any health formalities required for your trip but you should check with your own doctor for your own specific circumstances. We do 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 indemnify us in relation to any costs which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities. Most countries now require passports to be valid for at least 6 months after your return date and have two blank pages. 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, (www.fco.gov.uk/knowbeforeyougo.) Non British Citizens, including other EU nationals, should contact the Embassy, High Commission or Consulate of your destination, for up to date advice on passport and visa requirements.
CANCELLATIONS BY YOU – Any request to cancel from an adventure must be confirmed to us in writing either to email@example.com or by letter. In this instance please ensure it is sent by Recorded Delivery. Cancellations are only effective from the day that they are received by us. Your insurance policy may refund much of your costs if cancellation is due to certain specified factors. Cancellations will incur the following charges:
Cancellations made 57 days or more before departure (you will lose the registration fee).
43-56 days before departure (you will be subject to 40% of total fundraising target).
42-29 days before departure (you will be subject to 60% of total fundraising target).
28-15 days before departure (you will be subject to 80% of total fundraising target).
14 or fewer days before departure (you will be subject to 100% of total fundraising target).
CHANGES AND CANCELLATIONS BY US – The itineraries and other details are published in good faith as statements of intention only and reasonable changes to the itinerary, vehicle and equipment use, may be made where deemed necessary or advisable. Sometimes this is due to improvements made as a result of client feedback. Other times, it has been made necessary through transport changes, changing weather patterns, wildlife movements, and other factors out of our control. While we will make all proper and reasonable efforts to maintain the advertised itinerary we do not guarantee that we can keep to the intended Itinerary. These amendments will be classified as minor changes and we therefore reserve the right to amend the itinerary of the adventure as and when it may become necessary to do so. If there is a minor modification before you depart, we will try to notify you but we are not obliged to pay any compensation.
Examples of “significant changes” include the following when made before departure; a change of challenge location or main activity, a change in departure city, or where the departure or return date is delayed for more than 24 hours.
Should a significant change become necessary we will inform you as soon as reasonably possible. You may decide whether or not to accept the change. If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of the following options:-
1) (for significant changes) accepting the changed arrangements 2) receiving a refund of all monies paid (other than travel insurance and any administration fees), or 3) accept an offer of alternative adventure if available
You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the alternative booking arrangements.
We also reserve the right, in any circumstances, to cancel the adventures. However in no case will we cancel your adventure less than six weeks before the scheduled departure date unless it is for reasons outside of our control. If we have to cancel your adventure before the date of departure (other than where Force Majeure or failure to raise the minimum sponsorship applies) we will offer you either (i) an alternative adventure of comparable type, though if the alternative offered is at additional cost, the difference in registration fee, will be payable by you and any difference in the balance will be payable by you
The operation of the adventure is dependent on a minimum number of persons booking the trip (indicated on our website). Should less than the minimum number of people book any particular adventure, we reserve the right to cancel that adventure but (other than in exceptional circumstances) will not do so later than six weeks prior to the adventure departure date. In these circumstances, the registration fee will be returned to you in. Refunds of sponsorship money will be dealt with in accordance with the adventure Costs clause.
CUTTING YOUR ADVENTURE SHORT – Most Participants complete the adventure they undertake. However, on occasions Participants are obliged to cut the adventure short for reasons such as ill-health. If you are obliged to cut short the challenge for whatever reason, UA cannot provide a refund of National Park fees, flights or accommodation costs. Any additional accommodation and/or transfer fees, flights and accommodation costs and any medical costs incurred will be your responsibility. For the avoidance of doubt, these will not be the responsibility of UA. You must ensure that you have adequate insurance in place to cover these eventualities. UA requires that you take a credit card with you on the adventure to cover any such unexpected costs. In some cases, such costs can be extensive for example where a helicopter evacuation is required. You must ensure you have sufficient available funds to cover such emergencies. UA are under no obligation to pay for any additional costs, but in the event that we do provide financial assistance, you hereby guarantee that you will personally (if not recoverable through your insurance policy) reimburse us upon your return from the adventure.
FLIGHTS – We are neither a carrier nor a provider of flight accommodation. Each journey (whether undertaken or not) by land, sea or air is governed by the conditions of the carrier. Some of these conditions limit or exclude liability and are often the subject of international agreements. Copies of applicable conditions are available from the supplier. As all of our adventures are different, airlines used differ with each challenge. In prepared itineraries, transport timings are provided by the carrier concerned and are subject to such matters as weather conditions, maintenance requirements, the ability of passengers to check-in on time, and in the case of flights, to air traffic control restrictions. Accordingly, the times of flights and other forms of transport are estimates only and cannot be guaranteed. Internal flights are particularly vulnerable to change. We have no control and accept no liability whatsoever for cancellations and delays, which are subject to operational decisions by airlines and/or traffic control authorities. You are responsible for checking-in for flights at the correct time and for presenting yourself to take up all pre-booked components of your challenge. If flight delays mean that any additional transfers are required to enable you to join the group these costs must be met immediately by you and if covered by your travel insurance policy, claimed at a later date.
In accordance with EU Directive (EC) No 2111/2005 Article 9, we are required to bring to your attention the existence of a “Community list” which contains details of air carriers that are subject to an operating ban with the EU Community. The Community list is available for inspection at http://ec.europa.eu/transport/air-ban/list_en.htm.
In accordance with EU Regulations we are required to advise you of the carrier(s) (or, if the carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Flight timings and carriers set out in our publicity material are subject to change and all details given to you are for guidance only.
(1) We will accept responsibility for the arrangements we agree to provide for you as “organiser” under the Package Travel, Package Holiday and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers perform or arrange your contracted Adventure arrangements negligently, taking into account all relevant factors (for example following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your adventure), we will pay you reasonable compensation. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
(2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage or expense, cost or other claim of any description if it results from:-
- The act(s) and/or omission(s) of the person(s) affected;
- The act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
iii. Unusual or 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 either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
(3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
- for loss of and/or damage to any luggage or personal possessions and money, the maximum amount we will have to pay you is the excess of your insurance policy total because you are assumed to have adequate insurance in place to cover any losses of this kind.
- for claims not falling under 3(i) above or involving injury, illness or death the maximum amount we will have to pay you is twice the price paid by or on behalf of the person affected. 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 booking.
iii. for claims in respect of international travel by air, sea and rail, or any stay in a hotel, the extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne / Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
(4) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
(5) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions. Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) are deemed to assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
(6) Please note, we cannot accept any liability 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 booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you.
(7) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised by us. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
DOCUMENTATION – Please contact us immediately if any of the information you receive from us appears to be incorrect or incomplete, as it may not be possible to make changes later. We regret that we cannot accept responsibility if you do not tell us about any mistake in any document within ten days of our sending it out. We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs in doing so. The only exception to this requirement to meet any costs is where the mistake was made by us.
ACCOMMODATION – The availability or provision of accommodation is subject to the ‘house rules’ of the accommodation or site. Your adventure may be taking place in a country where travel and accommodation standards are less developed than you are used to in the UK or your country of residence. Standards of accommodation will vary from extremely basic to adequate and in some locations, you may have to do without essential services. The adventure is based on using twin or triple accommodation (where applicable), and if you join a adventure alone, you will be partnered with another member of the same sex to share accommodation.
INSURANCE – It is a condition of booking that you have a suitable travel insurance policy whilst participating on the adventure. We must insist on a policy which covers among other things, medical (emergency, evacuation and repatriation) arrangements, cancellation and curtailment of the adventure, and more specifically for the adventurous activities undertaken on this adventure. In situations where you cancel from an adventure 56 days or less prior to the departure date the insurance policy should also, (in the case of a successful claim) reimburse the charity for any losses they have incurred. For the most up-to-date terms and conditions of the policy we recommend, please email our bookings manager on firstname.lastname@example.org. If you have your own travel insurance policy, you must ensure that it provides at least the same level of cover as our recommended policy, including protecting the charity in the event of your cancellation 56 days or less prior to departure. If you choose not to purchase a suitable policy when you book we will send you a disclaimer which you should complete and return.
PROMPT ASSISTANCE – If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to 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, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances. Please note, prompt assistance pertains to assistance advice and guidance only and does not relate to payment of any additional costs you may have incurred.
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 any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. 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, industrial dispute, 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 supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure. We will follow the advice given by the British Foreign Office.
COMPLAINTS – We will do our very best to ensure that your travel arrangements go according to plan. However, if you have a complaint arising out of what we have agreed to provide for you please let us know at the earliest opportunity, if necessary by calling our UK office from wherever you may be. If a problem arises during your adventure, it is important that you advise the adventure leader and the supplier at the earliest opportunity who will endeavour to put things right. If your complaint cannot be resolved locally you should advise us within 28 days of returning to the UK, in writing, with all other relevant information. Your letter will be given prompt attention and we will reply to you within 28 days. If you fail to follow this simple procedure we cannot accept responsibility, as we would have been deprived of the opportunity to investigate the matter and hopefully rectify any problem. Failure to complain on the spot will result in the client’s ability to claim compensation from us being extinguished or reduced.
CONDITIONS OF SUPPLIERS – Many of the services which make up your adventure are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
LAW AND JURISDICTION – You agree that the contract that you have with UA as well as any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the law of England. You further irrevocably agree that the courts of England have exclusive jurisdiction to hear and/or settle any dispute or claim that arises out of or in connection with your agreement with UA.