ADVENTUROUS EWE – TERMS AND CONDITIONS

Maximum flexibility for your peace of mind

Before you book a trip with Adventurous Ewe, please take the time to read and understand the Booking Conditions.

These conditions apply to bookings made from 1 May 2024 onwards, including new bookings made with credit vouchers issued following trip cancellations. These are designed to provide you with maximum flexibility.

If you booked your trip prior to 1 May 2024, your original Booking Conditions still apply and can be found on our archived Booking Conditions.

NO FEE FLEXIBILITY – NON-REFUNDABLE COSTS

Although every effort is made to ensure any non-refundable fees are minimised, there are occasions where we must commit to accommodation, permits and other services to support the running of your trip. The value of non-refundable costs can be requested at the time of booking.

OUR CONTRACT

Your contract is made with Adventurous Ewe Ltd trading as Adventurous Ewe (“AE”, “we”, “us”, “our”) whose registered office is at: 52 Ty Mawr Road, Deganwy, Wales, LL31 9UB (Company Number 7603245). 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. The services to be provided are those referred to in your booking confirmation.

Except where otherwise stated, these Booking Conditions only apply to trip arrangements which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you.

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. If you are signing the booking form as a parent or guardian (on behalf of an under 18 joining a trip) you accept these conditions on behalf of the minor. References to “departure” are to the start date of the arrangements we have contracted to provide.

By booking a trip with us you have agreed to be bound by the terms and conditions set out in:

• These Booking Conditions;
• Essential Trip Information that applies to your trip;
• Our use of your personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us;
• You are over 18 years of age and where placing an order for services with age restrictions declares that you and all members of the party are of the appropriate age to purchase those services;
• You accept financial responsibility for payment of the deposit on behalf of all persons detailed on the booking;
• Any Special Conditions that may apply to bespoke trips, destinations and/or activities. (Which constitutes the entire agreement between you and us).

Please Note: Our obligations to you will vary depending upon whether we act as a Package Organiser in the sale of a Package (e.g. where we sell you a trip that lasts for more than 24 hours or includes overnight accommodation) or as a Principal in the sale of a single service booking (e.g. single day trips); our differing obligations are set out below, in three separate sections:

• Section A contains the conditions which will apply to all bookings.
• Section B contains the conditions which will apply when you make a booking of a Package with us where we act as the Package Organiser.
• Section C contains the conditions which will apply where you make a single service booking with us, where we are acting as Principal.

In the event of any conflict or difference between Section A and Sections B or C, the relevant provision(s) of Section B or C will apply depending on the arrangements booked.

Any reference to an EU regulation in these Booking Conditions should be taken to mean the UK legislation which replaces (or has replaced) that EU regulation and/or any EU regulation which continues to have effect in the UK as a result of being incorporated into UK law (in all cases referred to as ‘retained EU law’). Changes to retained EU law are likely to be made over time. Reference to any EU regulation in these Booking Conditions is intended to refer to the relevant retained EU law at the applicable time.

SECTION A – APPLICABLE TO ALL TRIPS

1. MAKING A BOOKING

A booking and binding contract is made with us when the first named person on the booking (“party leader”):

• Completes and submits a booking request on the online booking system
• Pays us the applicable amount and
• We issue the party leader with a booking confirmation and receipt (subject to availability).

The party leader must be at least 18 when the booking is made and is responsible for making all payments due to us. This individual must be authorised to make the booking on the basis of these Booking Conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. By making the booking request, the party leader confirms that he or she is so authorised.  

It is a condition of our accepting your booking that you are covered by appropriate and adequate personal travel insurance which should be in effect when you make the booking.  See clause 6 on the subject of insurance.

When you make a booking on our website, you will have the opportunity to review all the details of the booking before making payment. Once you have reviewed these details and made payment, we will proceed to confirm the booking. Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. Please ensure that the names given are the same as in the relevant passport. We have no responsibility for any errors in any documentation except where an error is made by us. We will do our best to rectify any mistake notified to us but you must meet any costs involved in doing so. 

Unless we are responsible for the mistake, we will not accept liability if a supplier refuses boarding because the name(s) shown in your passport differ from those on your ticket. If there is an obvious error on the booking confirmation, we reserve the right to correct it as soon as we become aware of it, but will do this within 7 days of issuing the booking confirmation or, if your departure is within 7 days, no later than 24 hours before you go. Travel documents will be sent or emailed to you (to the address given to us by the party leader at the time of booking) approximately 3-4 weeks before your departure, and will not be issued unless payment of the due balance has been received.

At the time of booking, along with paying your deposit, you will only be required to provide us with basic information, such as your name, email address and phone number. You will then have a period of 2 weeks to complete the booking and provide the remainder of the information that we require, such as diet requirements, allergies, medical details, next of kin, etc.  If booking within 8 weeks of the departure date, you will be asked to fill in the remaining booking details in a shorter time period. If you fail to complete the booking process and fail to provide us with such additional information, within 2 weeks of first making your booking, your booking will be terminated, and the charges detailed in the ‘cancellations by you’ clause will apply.

These Booking Conditions form the entire agreement between us. No employee of AE other than a Director has the authority to vary or omit any of these terms or promise any discount or refund. Trips and prices on our website supersede details published in any printed AE or third-party materials.

In circumstances where we reasonably decide that you are unable to participate in the trip for whatever reason, your deposit will be refunded to you in full.

In the event that you are using the trip as a fundraising activity, you will need to contact your Charity with regards to their terms and conditions for refunding your sponsors any money you may have raised in sponsorship (in relation to which the sponsors have indicated on the sponsorship form that the Charity may not keep the money in such circumstances). Details of any sponsors requiring such repayment must be given to the Charity with the sponsorship money. Please note that admin fees are non-refundable in all cases and do not form part of the total trip cost.

In the event where you are participating in a trip that we have been contracted to operate by a Charity or a Corporate organisation, your booking with us is subject to our contract with the relevant Charity or Corporate. The trip may be subject to postponement, amendment or cancellation in line with the instructions given to us by the relevant Charity or Corporate. These instructions are beyond our control, and you accept that in booking for these organised trips, the booking is subject at all times to our contract with and the instructions of the relevant Charity or Corporate.

2. MAKING A GROUP BOOKING

If you wish to make a group booking for a group of people, you (the “Master Booker”) should proceed through the normal booking process. You will have the opportunity to add as many additional participants to your group as you wish at the time of booking. You will need to pay a deposit for both your own booking and each additional participant that you have added to your group booking.

Once the booking is complete, we will provide the Master Booker with a unique URL link via email. This unique URL link must be forwarded to each member of the team by the Master Booker and each participant must then use that link to complete their own booking.

By placing a group booking you, as the Master Booker, expressly agree and acknowledge that you alone are responsible for filling each participant place that you have added to your booking. All deposits paid are non-refundable and so deposits paid at the time of booking will be lost for any participant place that you are unable to fill.

Furthermore, if you are a participant who is booking on to a group booking, you accept and acknowledge that your deposit has been paid for you by the Master Booker. You therefore acknowledge and agree that all payment obligations shall exist as between us and the Master Booker with regards to your deposit. Unless expressly agreed otherwise with the Master Booker and ourselves, we will not process any refunds or any other payments to a participant directly for the deposit; all such payments shall be made to the Master Booker only.

Thereafter, both the Master Booker and each individual participant will be personally responsible for meeting all other costs and obligations (i.e. paying the balance of the trip costs under the self-funder option or raising the required minimum sponsorship under the minimum sponsorship option) to participate in the trip.

3. PRIVACY POLICY

In order to process your booking and to ensure that your trip runs smoothly and meets your requirements, we need to use the information you provide such as name and address, and any special needs/dietary requirements, etc. We must pass the information on to the relevant suppliers of our trip arrangements such as hotels, transport companies, kit providers, and in the event that you are using the trip as a fundraising activity, the Charity you are supporting. The information may also be provided to security or credit checking companies, public authorities if required by them, or as required by law.

We will not, however, pass any information on to any person not responsible for part of your trip arrangements. This applies to sensitive information that you give to us such as details of any disabilities, medical or dietary requirements. If we cannot pass this information on to relevant suppliers, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons.

Additionally, where your trip is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. However, all our local operators and third-party suppliers have been instructed to follow strict data protection guidelines provided by Adventurous Ewe. We will not, however, pass any information on to any person not responsible for part of your booking arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary or medical requirements. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons. Please see our Privacy Policy for further information.

In the event that you are using the trip as a fundraising activity for a Charity, the Charity will request that you enter into a professional fundraising agreement with each participant through taking part in a challenge run by AE. The Charity reserves the right to refuse a participant as a fundraiser on reasonable grounds. By fundraising for said Charity you also give consent for AE to share your personal data with said Charity. Only basic personal data will be shared with the Charity in order for them to provide fundraising support. Sensitive data such as medical history will not be shared with the Charity. The basic data shared with the Charity will be details such as name, address, email address, telephone number, gender and t-shirt size.

Please refer to our Privacy Policy for further information.

4. PARTICIPANTS

Participants must be a minimum of 18 years of age on the departure date of the trip and be in suitable physical condition to undertake the trip as set out in the itinerary. Participants should be fully aware of the possible risks inherent in adventure travel and events. 16 – 17 year olds may also participate in trips, with the agreement of, and when accompanied on the trip by their parent or guardian.

5. YOUR DETAILS & FITNESS TO TRAVEL

For us to confirm your travel arrangements you must provide all requested details with the balance of the trip price. Necessary details vary by trip; they include but are not limited to full name as per passport, date of birth, nationality, passport number, passport issue and expiry date, height (for cycling trip bike allocations), and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. On some more demanding trips we also require you to complete and forward a Self-Assessment form which will be provided to you by us.

All travellers are expected to satisfy themselves prior to booking that they are fit and able to complete the itinerary of their chosen trip as described in the trip notes applicable to your relevant trip (the “Trip Notes”). By booking an Adventurous Ewe trip you acknowledge that this is an active trip which may test your physical ability and may consist of strenuous and demanding activities. You are therefore responsible for ensuring you are aware of the nature of the associated activities and physical requirements before you book. By confirming your booking, you acknowledge that you have the appropriate levels of ability, fitness and good health to safely participate in the trip. Your personal safety is of paramount importance to us and therefore it is imperative that you advise us in writing at the time of booking of any condition, medical or otherwise, that might affect your or other people’s enjoyment of the trip. This should include, but not be limited to, any special dietary requirements, allergies, medical issues and any reduced mobility affecting you or members of your booking. Please contact us by email at info@adventurousewe.co.uk to discuss any such requirements before confirming your booking.

We are not a specialist disabled travel company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your trip, please provide us with full details in writing before we confirm your booking so that we can try to advise you as to the suitability of your chosen Trip Arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in your chosen trip.

You must inform us if there is a material change in your condition, disability, mobility or allergy or if one develops after your booking has been confirmed. If we or our suppliers are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or, if you did not give us full details at the time of booking and we cannot assist you, we may cancel your booking and impose applicable cancellation charges.

We will advise our suppliers of any allergy or other relevant health information you provide us with. However, you must take appropriate precautions to protect yourself whilst on your trip.  Without limitation, it is your responsibility to ensure that any food you are intending to consume does not include anything to which you are allergic at the time you order or purchase this.

For more information about how we treat your personal information, please refer to our Privacy Policy.

6. TRAVEL INSURANCE

It is a condition of our acceptance of your booking that you obtain appropriate travel insurance. This insurance must include cover for (i) cancellation or curtailment of your trip as a result of circumstances outside your control (including accident or illness and inability to travel for other reasons), (ii) personal accident and death, (iii) personal liability, (iv) medical expenses and repatriation (if on an overseas trip) in the event of medical need (v) cover for costs and liability arising from any specific activity you intend to participate in. We also strongly recommend it covers loss of luggage and personal effects and unavoidable and extraordinary circumstances. Please note, it is your sole responsibility to ensure that the travel insurance purchased is suitable for your particular needs, including without limitation, in respect of any pre-existing medical condition (which must be disclosed to the insurer prior to purchasing the policy). Please read your policy details carefully and take them with you on your trip.

Please be aware that any advice against non-essential international travel issued by the UK Foreign, Commonwealth and Development Office (or equivalent authorities outside the UK for citizens of those countries) may have an impact on your travel insurance. You must check the policy terms prior to purchasing your insurance.

You must provide your travel insurance policy number and the insurance company’s 24-hour emergency contact number through our booking system and you are required to carry proof of insurance with you on your trip; you will not be able to join the trip without these details. If you have travel insurance connected to your credit card or bank account please ensure you have details of the participating insurer, the insurance policy number and emergency contact number with you rather than the bank’s name and credit card details.

Adventurous Ewe sells a travel insurance policy through our insurance provider, Campbell Irvine Direct Travel Insurance. If you choose not to take our insurance you are responsible for ensuring that you are in possession of travel insurance for the entire duration of the trip in respect of at least medical expenses, injury, death, repatriation (where applicable), cancellation and curtailment, with cover/benefits equal to/greater than the insurance we offer. If you make your own insurance arrangements you must ensure that there are no exclusion clauses which limit cover for the type of activities included, or the altitudes attained, in your trip. Adventurous Ewe will not be responsible for costs you may incur as a result of not having valid or adequate travel insurance. It is your responsibility to declare any material facts including known medical conditions to your insurers, as failure to do so may result in a claim being reduced or declined.

We strongly recommend that you make no travel arrangements to your point of departure, make any connecting travel that is non-refundable or non-changeable or incurs penalties or incur any costs in respect of visas or vaccinations until such time as your travel itinerary has been confirmed. If you make such arrangements which you are then unable to use due to a change in your itinerary we shall not be liable to you for the cost of those arrangements.

7. PASSPORT, VISAS, HEALTH, TRAVEL AND IMMIGRATION

Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. If failure to have any necessary travel or other documents results in fines, surcharges, other financial penalty, costs or expenses being incurred by us, you will be responsible for reimbursing us accordingly.

Please note that for some trips we need to request special permits, and as such we will require your passport details prior to accepting your booking. Furthermore, if you renew your passport after you have booked, you may be required to take your old passport with you to maintain the validity of the permit.

We are able to advise on mandatory health and vaccination requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain any compulsory vaccinations and obtain proper and detailed medical advice at least 2 months prior to travel for the latest health requirements, recommendations for your destination and any costs. You should check this information at least 2 months before departure and again within 14 days of travel. Where you do not do so and either are not allowed to enter any country, or suffer personal injury or death as a result, we have no liability to you for any cost, loss or damage which you suffer nor will we refund you the cost of any unused portion of your travel arrangements. Clients with existing medical problems, pregnant women and anyone who has recently visited other countries should check requirements with their general practitioner.

When assessing whether trips will operate we use information from our local operators in conjunction with advice from the UK Foreign, Commonwealth & Development Office (FCDO) and other relevant government bodies. It is your responsibility to acquaint yourself with the travel advice provided by these government bodies. For more information, we strongly advise you to visit our Safety and Well-being page and the government websites at www.gov.uk/travelaware and www.gov.uk/foreign-travel-advice for your destination country. Up to date UK border control measures are available at www.gov.uk/uk-border-control.

Laws and customs of the country/ies you visit can be very different to those in the UK. Be aware of your actions to ensure that they do not offend, especially if you intend to visit religious areas. There may be serious penalties for doing something that might not be illegal in the UK. It is your responsibility to familiarise yourself with, and respect local laws and customs, and you are strongly advised to check with the appropriate embassy, consulate or British and Commonwealth Office or https://www.gov.uk/foreign-travel-advice for further information regarding local laws and customs of the country/ies you plan to visit.

8. PAYMENT

In order to book your chosen trip arrangements, you must pay a non-refundable deposit at the time of booking (or full payment if booking within 60 days of departure). The deposit is non-refundable in the event of your cancellation unless we cancel the trip for any reason other than unavoidable and extraordinary circumstances.

If you have paid a deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we are entitled to assume that you wish to cancel your booking. In this case, we may cancel your booking and charge the applicable cancellation fees (as set out in these terms and conditions). Please refer to your booking confirmation invoice for details regarding payment dates.

If you book onto a trip and the costs are greater than that of the group (usually associated with late bookings), we will advise you of any increased costs. If your chosen trip is full, you will be provided with the dates of other departures, given the chance to book on another trip, or refunded your deposit. You are responsible to pay for your personal equipment, tips, additional food & drink, personal spending money, transport to and from the start/finish point of the trip, and any other activities not included in the itinerary. (*If applicable).

All discounts and reduced pricing are applied at our discretion. From time-to-time we may offer reduced pricing on selected trips. The reduced pricing applies strictly to new bookings, and bookings that have already been confirmed are locked into their original price and are not entitled to the reduced pricing. Promotions are only valid for that specific trip and are non-transferrable. We are offering above promotions in good faith in order to meet the minimum numbers required to operate your chosen trip. Should this minimum still not be met eight weeks prior to your departure date, we will apply a small group supplement as advised on the trip website. This supplement will be added to your final invoice. Alternately, should numbers remain too low to operate the trip, we reserve the right to cancel that trip and will carry over 50% of the promotional saving to your chosen alternative trip date. Only one promotional code can be used at a time.

9. PAY IT YOURSELF OPTION/SELF-FUNDER OPTION

Under the pay it yourself/self-funder option, you must pay the balance of your trip costs and if applicable the price increase (subject to the pricing structure and surcharges clause), at least 5 weeks before your departure date. If you book within 5 weeks of your departure date, the full cost should be paid at the time of booking.

10. MINIMUM SPONSORSHIP OPTION FOR CHARITY FUNDRAISING

In the event you are joining a Charity Fundraising Trip under the Minimum Sponsorship option, you must provide the Charity with 80% of the minimum sponsorship amount 6 weeks before the departure date and provide the Charity with the remaining 20% of the minimum sponsorship within 4 weeks of the trip finish date. The Charity reserves the right to not pay your final balance costs if they have not received sufficient sponsorship monies from you 6 weeks prior to the departure date. If your balance costs are not paid by the Charity due to sponsorship obligations not being met, AE reserves the right to cancel your place on the trip. Your deposit is non- refundable.

11. FOR ALL PAYMENT OPTIONS

You are not entitled to participate on the trip unless we have received from you or the Charity, cleared funds in respect of the deposit, the balance of your trip costs, insurance premium (if applicable), and any other services that have been booked by 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 apply.

In exceptional and unavoidable circumstances, we reserve the right to request the balance of the trip costs (or a proportion of those trip costs), prior to 5 weeks before the departure date. This may occur in the rare case, where a 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.

12. CHARITY SPONSORSHIP

Under the ‘Pay it yourself’ / ‘Self-Funder’ option, you are welcome to fundraise for your chosen Charity if you so wish though this is not essential. In this event, there is generally no minimum sponsorship requirement, but you will be asked to raise as much money as possible for your chosen Charity. If, however on your chosen trip, there is a minimum sponsorship option, you agree that unless you raise the minimum sponsorship as indicated on the website, you will not be entitled to participate in the trip unless you pay the balance of your travel and accommodation costs, and the Charity confirms in writing to us that they approve you as a participant.

Generally, under the Minimum Sponsorship option no more than 49% of your fundraising will go towards your trip costs and at least 51% will be retained by your Charity. In some exceptional cases, your Charity may ask you to raise a higher amount of sponsorship than that noted on our website.

At least 80% of the minimum sponsorship must be received by the Charity no later than 6 weeks prior to the departure date. Failure to do so will mean non-participation in the trip and forfeiture of the deposit. You should aim to raise the remaining 20% and send it to the Charity at the very latest within 4 weeks of the trip finish date (unless stated otherwise by your Charity).

You agree that you will not use the trip to raise funds for any cause other than the Charity named on your booking. If you cancel, or you are required to withdraw from the trip, you will be required to send all sponsorship money collected or received, directly to the Charity. This money will be retained by the Charity unless the sponsor has requested that it be returned to them in the appropriate section of the sponsorship form. When fundraising you must make it absolutely clear how much you are raising and how much of the sponsorship will contribute towards your costs. You must not start to collect sponsorship until you have received written confirmation of your booking from us. This will be your confirmation email and will be sent to you once you have been authorised by your Charity. All sponsorship money should be sent directly to the Charity and not to AE. The sponsorship shall be treated as a donation to the Charity.

13. CREDIT AND GIFT CARDS

The terms of use for Credit or Gift Cards on the Adventurous Ewe site are as follows:

• Credit or Gift Cards have zero cash value equivalent and cannot be exchanged for cash at any time.
• All credit has an expiry date of 2 years from when they were created.
• Gift Cards are valid for 5 years from the date of sale.
• You can see how much credit you have, and when it expires, at any time in your account area on the website.
• Credit can be used for both deposit and balance payments but you will be required to use credit first before making any additional cash payments.

14. CUTTING YOUR TRIP SHORT

Most participants complete the trip and activities they undertake. However, on occasions participants are obliged to cut the trip short for reasons such as ill health. If you are obliged to cut short the trip for whatever reason, AE cannot provide a refund of National Park fees, flights or accommodation costs. Any additional accommodation and/or transfer fees, accommodation costs and any medical costs incurred will be your responsibility. For the avoidance of doubt, these will not be the responsibility of AE. AE requires that you take a credit card with you on the trip to cover any such unexpected costs. AE 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 reimburse us upon your return from the trip.

15. MINIMUM NUMBERS AND PRICING SUPPLEMENTS

Our costs are based on a minimum number of people in the group taking part on each trip (as indicated on our website). If the group is smaller or becomes smaller than this minimum prior to the trip start date for whatever reason, AE reserves the right to cancel that trip. A full refund of trip costs received to date (excluding any insurance premiums and administrations fees) will be applicable. AE may offer the option to continue the trip with less than minimum numbers; however, a small group supplement may be applicable.

Where a small group supplement becomes applicable, we will aim to communicate this to your no later than 5 weeks before your departure date. You will be liable for any small group supplement fee.

16. ACCURACY

We endeavour to ensure that all of the information and prices both on our website and in printed materials are accurate; however, the information and prices shown may have changed by the time you come to book your arrangements. Although we make every effort to ensure the accuracy of the website and any printed materials, 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.

17. MEDIA

You give your consent that any photography (stills or video), recordings made or taken prior to, during, or after your trip, which may include you in it, may be used in publicity material connected with AE, our charity partners and corporate partners, as well as on our website, social media channels  and other promotional materials from time to time, 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.

18. ACCEPTANCE OF RISK

You acknowledge that the nature of the trip may be adventurous and participation involves a degree of personal risk. You may be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives.

You understand fully that adventure trips are not without risk. You therefore take part entirely at your own risk and agree to indemnify us, the Charity, our employees, agents, sub-contractors and suppliers against claims for loss or damage to personal property or for loss or consequential losses or claims through your participation in this trip arising from your own actions. The whole philosophy of this type of adventure is one which allows alternatives and a substantial degree of flexibility during the duration of your trip. The outline itineraries given for each trip 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 trip 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 trip itinerary. If it is felt that you or any member of your group is not sufficiently fit, healthy, properly equipped or able to complete a trip without affecting its safety, comfort or progress, the Leader at any stage has the right to remove you from the trip. Cyclists must wear a helmet at all times when cycling. All participants must wear safety clothing or equipment in accordance with the activity they are undertaking. For water-based activities you must be able to swim 50 metres in distance fully clothed.

We use information from overseas governments and reports from our own contacts in assessing whether the itinerary 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 consideration 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 accept no liability in relation to these additional risks.

19. MEDICAL TREATMENT

It is a condition of joining a trip 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.

20. YOUR BEHAVIOUR

You must comply with all reasonable instructions of the Leader relating to the safety and organisation of the trip. If in our opinion, any 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 trip 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 must meet any expenses we incur as a result of your behaviour. You agree to indemnify us for the full amount of any claim (including legal costs) made against us by the supplier or third party, of any costs that we incur as a result of your conduct.

We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

21. AUTHORITY ON TRIP

Our trips are run by a Trip Leader. The decision of the Trip Leader is final on all matters likely to affect the safety or well-being of any traveller or staff member participating in the trip. If you fail to comply with a decision made by a Trip Leader or interfere with the well-being or mobility of the group, the Trip Leader may direct you to leave the trip immediately, with no right of refund. We may also elect not to carry you on any future trips booked. You must at all times comply with all applicable laws, customs and drug regulations, and you also agree to travel in accordance with our Responsible Travel Guidelines.

22. OPTIONAL ACTIVITIES OR TRIP EXTENSIONS

Optional activities or trip extensions not included in the trip price do not form part of the trip or this contract. You accept that any assistance, recommendations or advice, given by your Trip Leader or local representative in arranging optional activities (including before or after a trip) does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider.

23. 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 7 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.

24. ACCOMMODATION

The availability or provision of accommodation is subject to the ‘house rules’ of the accommodation or site. Your trip 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 trip is generally based on using twin or triple share accommodation (where applicable), and if you join a trip on a solo basis, you will be partnered with another member of the same sex to share accommodation. Where available you can request a single room of which a single room supplement will be incurred based on the accommodation rates and the cost covered by you. On occasions, where necessary, we may use dormitory style accommodation or large Bedouin style tents where more people will have to share.

In the event whereby government guidelines enforce that shared accommodation is not permitted, i.e. during pandemic situations, single room accommodation will be provided. A single room supplement will be incurred based on the accommodation rates and the cost covered by you. AE will do all that we can to minimise the impact of additional cost.

25. UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES

Except where otherwise expressly stated in these Booking Conditions, we will not be liable or pay you compensation where the performance or prompt performance of our contractual obligations to you are prevented or affected by, or you otherwise suffer any damage, loss or expense of any nature as a result of unavoidable and extraordinary circumstances. For the purposes of these Booking Conditions, unavoidable and extraordinary circumstances means any event beyond our or our supplier’s 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), riot, civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination 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, epidemic or pandemic (including but not limited to the ongoing effects of the COVID-19 pandemic), labour strikes, natural or nuclear disaster, fire, chemical or biological disaster and adverse sea, ice and river conditions and all similar events outside our or the supplier(s) concerned’ s control.

Brexit Implications: please note that certain Travel Arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. Please rest assured that this is something we will continue to monitor and will advise you 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 Events Beyond Our Control, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.

We will also refer to and take into consideration Foreign and Commonwealth Office guidance when determining whether advice to avoid or leave a particular country constitutes unavoidable and extraordinary circumstances.

26. ASSISTANCE TO THOSE TRAVELLING ON THE ARRANGEMENTS IN THE EVENT OF DIFFICULTY OR UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES

We will provide appropriate assistance without undue delay in the event that you experience difficulty including where you are unable to return to your agreed point of departure because of unavoidable and extraordinary circumstances as set out above. 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 arrangements. We 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 AE Emergency Number on +44(0)7747 346 588.

27. COMPLAINTS

We will do our very best to ensure that your trip 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 your very earliest opportunity, if necessary by calling the UK office or email info@adventurousewe.co.uk. If a problem arises during your trip, it is important that you advise the Leader and the supplier immediately who will endeavour to put things right. If your complaint cannot be resolved locally you should advise us within 28 days of completing the trip, in writing, with all other relevant information. Your written communication will be given prompt attention. If you fail to follow this 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 your ability to claim compensation from us being extinguished or reduced.

28. ALTERNATIVE DISPUTE RESOLUTION

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to use alternative dispute resolution. If so, for customers resident in the EEA, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

29. FOR NON-UK RESIDENTS OR NATIONALS ONLY

In order to provide medical support on our trips, we sometimes engage qualified UK doctors to join an expedition. Each doctor has professional indemnity insurance in place. However, no medical defence insurance currently provides cover for any doctor taking part in such an expedition if sued directly by an individual of Canadian, American, Australian, Bermudan and Hong-Kongese nationality in their home country court of law. For this reason, in order to protect our doctors who provide these professional services, you hereby acknowledge and fully understand that AE is a UK registered tour operator, that the Doctors which we may provide during the trip to supply medical support to participants are qualified and operate under English Law and English Jurisdiction. You understand and are fully aware that the Doctors’ insurance provides that any claims brought in respect of negligent treatment must be brought under English Law and Jurisdiction. The Doctors will not be insured for claims brought in other jurisdictions, including the participants’ home jurisdiction (if outside of the UK). You hereby acknowledge and understand that any cause of action you wish to make must be brought under English law and English jurisdiction. You therefore guarantee not to bring a claim against any Doctor, other than in accordance with this clause. This clause in no way seeks to exclude liability for death or personal injury caused by the negligence of AE, its employees, agents, or suppliers.

30. CONDITIONS OF SUPPLIERS

Many of the services which make up your trip 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 or EU regulations. Copies of the relevant parts of these terms and conditions and of international conventions / EU regulations are available on request from us or the supplier concerned.

31. LAW AND JURISDICTION

You agree that the contract that you have with AE as well as any disputes or claims arising out of or in connection with its subject matter are governed by and constructed in accordance with the laws 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 AE.

 

SECTION B: PACKAGE BOOKINGS

This section only applies to Packages booked with us, where we are acting as the Package Organiser (please see the ‘definition of a Package’ section directly below for further details of when this will be the case). Please read this section in conjunction with Section A of these Booking Conditions.

1. DEFINITION OF A PACKAGE

Where your booking is for a Package that we have organised, as defined below, we will act as a “Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”), as outlined in this Section B of these Booking Conditions.

A “Package” exists if you book a combination of at least two of the following separate travel services:

• transport;
• accommodation;
• rental of cars, motor vehicles or motorcycles (in certain circumstances);
• any other tourist service not intrinsically part of one of the above travel services;

provided that those separate travel services are purchased together from a single visit to our website and are selected by you before you agree to pay; or are offered, sold or charged at an inclusive or total price; or are advertised, sold or charged at an inclusive or total price; or advertised or sold under the term “package” or a similar term. An example of where this will be the case is where you make a booking of a trip that lasts more than 24 hours and/or includes overnight accommodation.

Please note that where you have booked a ‘Package’ that lasts for less than 24 hours and which does not include overnight accommodation, this booking will be treated as a “Single Component” booking and will not be afforded the benefit of the rights under the PTRs, please see Section C of these Booking Conditions for the terms applicable to such arrangements.

2. PRICING AND SURCHARGES

We reserve the right to amend the price of unsold trips at any time and correct errors in the prices of confirmed trips. Prices are based on currency exchange rates as of May 2024; note that prices may vary depending on which currency the booking is made. We also reserve the right to increase the price of a confirmed trip solely to allow for increases which are a direct consequence of changes in:

• the price of the carriage of passengers resulting from the cost of fuel or other power sources; and
• the level of taxes or fees chargeable for services applicable to the trip imposed by third parties not directly involved in the performance of the trip, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and
• the exchange rates relevant to the trip; and
• any additional costs arising from an epidemic, pandemic or similar.

Such variations could include but are not limited to cost changes which are part of our contracts with transport providers.

In the above circumstances, we reserve the right to increase the cost of the trip payable by you or the Charity or Corporate. You will be liable under the Pay it yourself option for any price increase. The Charity will be liable under the Minimum Sponsorship option. If this means that you have to pay an increase of more than 8% of the price of your confirmed trip (excluding amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another trip if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the date that we inform you of the increase. Should the price of your trip go down due to the changes mentioned above, then any refund due will be paid to you. There will be no change made to the price of your confirmed trip within 20 days of your departure nor will refunds be paid during this period.

3. TRANSFER YOUR PACKAGE BOOKING TO SOMEONE ELSE

Transfers of your booking to a third party become increasingly difficult closer to the departure date. Transfers are only permitted when operationally possible and where the transferee meets all the requirements in relation to the trip. Certain fees may apply. Please note that there may be additional charges levied by hotels, ground operators or airlines.

If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:

• that person is introduced by you and satisfies all the conditions applicable to the trip;
• we are notified not less than 7 days before departure;
• any outstanding balance payments are paid in full, as well as any additional fees, charges or other costs arising from the transfer; and
• the transferee agrees to these Booking Conditions and all other terms of the contract between us.

You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in Section B clause 4 ‘cancellations by you to your package’ will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

Any request to transfer your booking should be put in writing to info@adventurousewe.co.uk. Please note that any transfer of booking made must be to the identical trip and departure date as the original booking. If you are able to comply with the conditions set out above, you should supply us with the replacement’s name and valid email address immediately. We will then send a confirmation email to the designated replacement who should book and pay the trip deposit within 7 days. Failure to act in accordance with the above procedure will result in the transfer request being cancelled and normal cancellation terms being applied to the original booking.

Once the replacement has been authorised by their chosen Charity (if applicable) we will refund you (or the Master Booker, if the deposit was paid on your behalf as part of a group booking) 50% of your original deposit.

Important note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.

4. CANCELLATION BY YOU OF YOUR PACKAGE

Any request to cancel from a trip must be confirmed to us in writing either to info@adventurousewe.co.uk or by letter. If by letter, please ensure it is sent by Recorded Delivery. Cancellations are only effective from the day that they are received by us.

We will ask you to pay cancellation charges on the scale shown below based on your booking departure date. In calculating these charges, we have taken account of possible cost savings, such as the generation of income from other bookings which may be able to utilise the cancelled services to the extent that this is likely to be achievable. Cancellation charges are calculated on the basis of the total costs payable by the person(s) cancelling, excluding insurance premiums and any amendment charges (which are not refundable in the event of cancellation).

UK Trips:

• Cancellations made 36 days or more before your departure date – you will lose the deposit
• 29 – 35 days before your departure date – you will lose 40% of total trip costs
• 22 – 28 days before your departure date – you will lose 60% of total trip costs
• 14 – 21 days before your departure date – you will lose 80% of total trip costs
• 14 days of fewer before your departure date – you will lose 100% of the trip costs

Overseas Trips:

• Cancellations made 70 days or more before departure date – you will lose the trip deposit and if applicable the extension deposit
• 56 – 69 days before departure date – you will lose 40% of the total trip cost
• 29 – 55 days before departure date – you will lose 60% of the total trip cost
• 15 – 28 days before departure date – you will lose 80% of the total trip cost
• 14 or fewer days before departure date – you will 100% of the total trip cost

Please note that on any European Cycling Trip, you will lose 100% of the trip cost if you cancel 28 days or less before departure.

Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) from your travel insurer. Claims must be made directly to the insurance company concerned.

Where any cancellation reduces the number of full paying party members below the number on which the price and/or any concession agreed for your booking were based, we will recalculate these items and re-invoice you accordingly.

We will not make any refunds in respect of any unused element of your trip, including but not restricted to accommodation, flights or transfers.

5. CANCELLATION BY YOU OF YOUR PACKAGE DUE TO UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES

You have the right to cancel your confirmed trip before departure without paying a cancellation charge in the event of unavoidable and extraordinary circumstances occurring at your trip destination or its immediate vicinity and significantly affecting the performance of the trip or the transport arrangements to the destination. Where applicable, you must notify us of your wish to cancel for this reason in writing. Providing we are in agreement that you are entitled to do so in accordance with this clause, we will confirm cancellation in writing. In these circumstances, we shall provide you with a full refund of the monies you have paid (except for any previously incurred cancellation or amendment charges) but we will not be liable to pay you any additional compensation. Please refer to Section A clause 25 ‘unavoidable and extraordinary circumstances’ for further details.

6. CHANGES AND AMENDMENTS BY YOU TO YOUR TRAVEL PACKAGE

In the event that you wish to change/amend/postpone a booking previously confirmed by us in writing we will make every effort to assist you. You will not be charged an administration fee for each such amendment though you will be subject to covering any additional charges. You will also be responsible for any unrecoverable charges or expenses in making such amendments. All changes will be subject to availability.

If you choose to postpone your participation on a trip and wish to join another trip, you should put your request in writing by email to info@adventurousewe.co.uk or by letter. There is no administration charge to you to move trips. If by moving trips there is a direct cost to AE, then this amount will be deducted from your deposit. If any direct costs chargeable to AE exceed your deposit we reserve the right to turn down your request to move trips. If your request to move is accepted, you must confirm the alternative trip within 2 weeks of postponing from the first. If the trip you wish to move to has a higher deposit, balance, minimum sponsorship level, you will be responsible to pay the difference. Any payments associated with your change of trip must be paid within 7 days of receiving your invoice. If your request to move trip dates is received in writing by us 5 weeks or less prior to your departure date, it will be treated as a cancellation and re-booking and the standard cancellation charges will apply (as above).

7. CHANGES AND CANCELLATIONS BY US TO YOUR PACKAGE

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, whether before or after departure, may be made where deemed necessary or advisable. Sometimes this is due to improvements made as a result of client’s feedback. Other times, it has been made necessary through transport changes, changing weather patterns and other factors out of our control. While we will make all proper and reasonable efforts to maintain the advertising 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 trip as and when it may become necessary to do so. If there is a minor modification before your departure date, we will try to notify you, but we are not obliged to pay any compensation.

Examples of “significant changes” include, but are not limited to, the following when made before your departure date; a change of trip location or main activity, or where the trip departure or finish date is delayed by 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 the departure date, we will offer you the choice of the following options:

• (For significant change) accepting the changed arrangements
• Receiving a refund of all monies paid or
• Accept an offer of an alternative trip if available (we will refund any price difference if the alternative is of a lower value).

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.

The operation of the trip is dependent on a minimum number of persons booked on the trip. Should less than the minimum number of people book any particular trip, we reserve the right to cancel that trip but (other than in exceptional circumstances) will not do so later than 28 days prior to the departure date. In these circumstances, the deposit will be returned to you in full. Refunds of sponsorship money will be dealt with in accordance with the relevant provisions of Section A clause 1.

We also reserve the right, in any circumstances, to cancel the trip. However, in no case will we cancel your trip less than 28 days before the scheduled departure date unless it is for reasons outside our control. If we have to cancel your trip before the departure date (other than where unavoidable and extraordinary circumstances or failure to raise the minimum sponsorship applies) we will offer you:

• An alternative trip of comparable type, though if the alternative offered is at additional cost, the difference in the deposit will be payable by you or
• A full refund of your deposit, in either case being the only recompense which will be due to you.

If we make a significant change or cancel, less than 28 days before the departure date, we will also pay compensation as detailed below:

Period before the departure date within which notice of cancellation or significant change is notified to you	Compensation payable per person
42 days or more	Nil
41 – 35 days	£10
34 – 28 days	£20
27 – 14 days	£25
13 days or less	£30

IMPORTANT NOTE:
We will not pay you compensation in the following circumstances:

• where we make an insignificant change;
• where we make a significant change or cancel your trip more than 28 days before your departure date;
• where we make a significant change and you accept the changed trip or you accept an offer of an alternative trip;
• where we have to cancel your trip as a result of your failure to make full payment or failure to raise the minimum sponsorship on time;
• where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
• where we are forced to cancel or change your trip due to unavoidable and extraordinary circumstances (see Section A clause 25 above); or
• where minimum numbers on your trip are not met and we provide you with sufficient notice of the same.

If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.

8. FLIGHTS

We are neither a carrier nor a provider of flights or 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 trips are different and participants are residing in different areas of the UK, flights are not included in our itineraries and participants are responsible for making and booking their own flights and flight arrangements unless otherwise requested by a charity or corporate client. Under these circumstances we may book flights through our Flight Agent who is financially covered under the ATOL scheme.

We have no control and accept no liability whatsoever for any flight 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 trip. 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. 

If you are joining the trip locally (i.e. the country the trip takes place in) our responsibility does not commence until the appointed time at the designated meeting point. If you fail to arrive there at the appointed time, we shall not be responsible for any additional expenses incurred by you in order to meet up with the group. No credit or refunds will be given if you fail to take up any component of your trip, or if you lose, mislay or destroy any travel documents.  

9. OUR LIABILITY FOR PACKAGES

1. We will accept responsibility for the arrangements we have agreed to make, perform or provide for you as “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018. As such, we promise to make sure that such arrangements are made, performed or provided with reasonable skill and care. This means that, subject to these Booking Conditions, we will accept responsibility if, for example, you suffer death or personal injury, or your contracted trip arrangements are not provided as promised or prove deficient as a direct result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us.  In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers). You must inform us without undue delay if you consider there has been any failure to perform or improper performance of the travel services included in your Package.

2. We will not be responsible or pay you compensation for any injury, illness, death, loss (for example, loss of enjoyment or loss of possessions), damage, expense, cost or other sum or claim of any nature or description whatsoever which results from any of the following:

i) The act(s) and/or omission(s) of the person(s) affected;

ii) 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) Unavoidable and extraordinary circumstances as defined in Section A clause 25 above.

3. 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 applicable standards of the country in which your claim occurred, will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which give rise to the claim were provided in compliance with the applicable local laws and standards, 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 standards of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim concerns the absence of a safety feature which might lead a reasonable holidaymaker to refuse to take the trip in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in Section B clause 9(1) above. We do not make any representation or commitment that all services will comply with applicable local laws and standards and failure to comply does not automatically mean we have not exercised reasonable skill and care.

4. We limit the amount of compensation we may have to pay you if we are found liable under this clause as follows:

i) 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 required to have adequate insurance in place to cover any losses of this kind.

ii) for claims not falling under 4(i) and which do not involve injury, illness or deaththe maximum amount we will have to pay you is up to three times the price paid by or on behalf of the person affected, unless a lower limitation applies to your claim under this clause 4. 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) where any claim concerns or is based on any travel arrangements (including without limitation, the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies where we have arranged that travel as part of our contract, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which damages / compensation will be payable) will be limited as if we were the carrier in question as referred to in this clause. The most we will have to pay you for that claim if we are found liable to you on any basis is the most the carrier concerned would have to pay you under the applicable international convention(s) or EU regulation(s). Such conventions and regulations include the Warsaw Convention as amended or unamended, the Montreal Convention for the Unification of Certain Rules for International Carriage by Air 1999 and for airlines with an operating licence granted by an EU country, the Regulation (EC) No 889/2002 on air carrier liability in the event of accidents, the Athens Convention relating to the carriage of passengers and their luggage by sea 1974 (as amended by the 2002 protocol), and Regulation (EC) No 392/2009 on the liability of carriers of passengers by sea in the event of accidents, the Convention on Limitation of Liability for Maritime Claims as amended by the 1996 protocol and the Convention of 1980 concerning International Travel by Rail (COTIF) as amended and Regulation (EC) No 1371/2007 on rail passengers’ rights and obligations. You may also have rights under regulation (EU) no 1177/2010 concerning the rights of passengers when travelling by sea and inland waterway or regulation (EC) no 1371/2007 on rail passengers’ rights and obligations. Where a carrier would not be obliged to make any payment to you under the applicable international convention or EU regulation (including where any claim is not notified and issued in accordance with the stipulated time limits), we, similarly, are not obliged to make a payment to you for that claim. When making any payment, we will deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the applicable international conventions and EU regulations are available from us on request. Please note that strict time limits apply for notifying loss, damage or delay of luggage to the airline or ferry / cruise operator. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable convention or EU regulation. You agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you in relation to any travel arrangements. 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.

5. In any circumstances in which a carrier is liable to you by virtue of Regulation EC 261/2004 (as amended by The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment)(EU Exit) Regulations 2019 (‘UK Denied Boarding Regulations’), you must pursue the airline for the compensation or other payment due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation and/or any other payment due to you where applicable. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.  We have no liability to make any payment to you in relation to the UK Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the UK Denied Boarding Regulations. If, for any reason, we make any payment to you or a third party which the airline is responsible for in accordance with the UK Denied Boarding Regulations, you must, when requested, assign to us the rights you have or had to claim the payment in question from the airline. If your airline does not comply with its obligations under the UK Denied Boarding Regulations, where applicable, you may use the CAA Passenger Advice and Complaints Service. See www.caa.co.uk/passengers/resolving-travel-problems for further details.
6. 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.
7. Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us 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.
8. Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any nature which (a) 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 or (b) did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers or (c) which relates to any business (including without limitation, loss of self-employed earnings).
9. 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.
10. Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances” (as defined in Section A clause 25), we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note:

a) Our obligation in this respect is to provide accommodation only and does not extend to meals or refreshments; and

b) the three-night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your trip.

Adventure Travel Warning: We operate trips in regions where standards of accommodation, transport, safety, hygiene, medical facilities and other infrastructure may, at times, be lower than those you normally expect. Your booking is accepted on the understanding that you realise the hazards involved in this kind of trip, including injury, disease, loss or damage to property, inconvenience and discomfort. The whole philosophy of this type of travel is one that allows alternatives and a substantial degree of on-trip flexibility. The outline itineraries given for each trip must therefore be taken as an indication of what each group should accomplish, and not as a contractual obligation on our part. Changes in itinerary may be caused by local political conditions, flight cancellations, mechanical breakdown, weather, border restrictions, sickness, or other unforeseeable circumstances. Pro-rata refunds will be given for services not utilised wherever possible. Please note that the timings of air, sea, road or rail departures are estimates only. These timings may be affected by operational difficulties, weather conditions or failure of passengers to check in on time.

If you are joining a guided trip locally (i.e. not starting with the group from the UK) our responsibility does not commence until the appointed time, we shall not be responsible for any additional expenses incurred by you to meet up with the group. If the group arrival is delayed to the local joining point we will provide you with the same room and board basis as will be provided to the group. If the delay is for more than 24 hours we will provide you with the same services and itinerary that were detailed on your confirmation to enable you to continue with your trip, although you may, at your discretion, remain at the local joining point for the arrival of the group. If you are travelling on a Land Only basis Adventurous Ewe’s responsibility commences with the start of the first service listed on your Itinerary.

Please be assured that our service providers will always do the utmost to ensure your safety and well-being when on a trip. On certain trips on which our local service providers will on day 1 of the trip ask you to sign an ‘Acceptance of Risk’ form prior to accepting your participation on the trip. Where this is the case details are outlined in the Trip Notes and you may request a copy of the applicable form by contacting us.

Note: this entire clause does not apply to any separate contracts that you may enter into for excursions or activities whilst on a trip for which liability rests with the excursion provider and not us.

10. INSOLVENCY PROTECTION FOR PACKAGES

In accordance with the UK Package Travel & Linked Travel Arrangements Regulations 2018 all passengers booking a Package with Adventurous Ewe Ltd are fully protected for the initial deposit and subsequently the balance of all monies received by us, including repatriation costs and arrangements, arising from cancellation or curtailment of your travel arrangements due to the insolvency of Adventurous Ewe Ltd.Adventurous Ewe Ltd has taken out an insurance provided by International Passenger Protection Ltd (IPP) with Liberty Mutual Insurance Europe SE (LMIE) trading as Liberty Specialty Markets, a member of the Liberty Mutual Insurance Group. LMIE’s registered office: 5-7 rue Leon Laval, L-3372, Leudelange, Grand Duchy of Luxembourg, Registered Number B232280 (Registre de Commerce et des Sociétés). LMIE is a European public limited liability company and is supervised by the Commissariat aux Assurances and licensed by the Luxembourg Minister of Finance as an insurance and reinsurance company. This insurance is only valid for passengers who book and pay directly with/to Adventurous Ewe Ltd.

In the event of our insolvency please make contact as soon as practically possible giving full details of what has happened quoting the name of your Travel Operator:
IPP Claims at Sedgwick
Telephone: +44 (0)345 266 1872
Email: Insolvency-claims@ipplondon.co.uk
or online at http://www.ipplondon.co.uk/claims.asp

Policy exclusions: This policy will not cover any monies paid for Travel Insurance or any claim relating to Air Flights. If you have booked flights as part of your travel, you should ensure that the company with which you booked the flights has the appropriate CAA/ATOL bonds in place.

There is no requirement for Financial Protection of day trips or single elements, and none is provided. Please refer to Section C for terms and conditions for single service bookings.

11. PROMPT ASSISTANCE

If, whilst you are taking part in your trip, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance, which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative arrangements or other such assistance you require. Any supplier or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.

STANDARD INFORMATION FORM ON TRAVELLER’S RIGHTS WHEN BOOKING A PACKAGE HOLIDAY

PART 1: GENERAL

The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018. Therefore, you will benefit from all applicable rights applying to packages. We, Adventurous Ewe Limited, will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, we have protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that we become insolvent.

More information on key rights under the Package Travel and Linked Travel Arrangements Regulations 2018 can be found below.

PART 2: 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 becomes insolvent, payments will be refunded. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of Adventurous Ewe Ltd.

Adventurous Ewe Ltd has taken out an insurance provided by International Passenger Protection Ltd (IPP) with Liberty Mutual Insurance Europe SE (LMIE) trading as Liberty Specialty Markets, a member of the Liberty Mutual Insurance Group. LMIE’s registered office: 5-7 rue Leon Laval, L-3372, Leudelange, Grand Duchy of Luxembourg, Registered Number B232280 (Registre de Commerce et des Sociétés). LMIE is a European public limited liability company and is supervised by the Commissariat aux Assurances and licensed by the Luxembourg Minister of Finance as an insurance and reinsurance company. This insurance is only valid for passengers who book and pay directly with/to Adventurous Ewe Ltd.

In the event of our insolvency please make contact as soon as practically possible giving full details of what has happened quoting the name of your Travel Operator:
IPP Claims at Sedgwick
Telephone: +44 (0)345 266 1872
Email: Insolvency-claims@ipplondon.co.uk
or online at http://www.ipplondon.co.uk/claims.asp

Policy exclusions: This policy will not cover any monies paid for Travel Insurance or any claim relating to Air Flights. If you have booked flights as part of your travel, you should ensure that the company with which you booked the flights has the appropriate CAA/ATOL bonds in place.

There is no requirement for Financial Protection of day trips or single elements, and none is provided. Please refer to Section C for terms and conditions for single service bookings.

Policy exclusions: This policy will not cover any monies paid for Travel Insurance or any claim relating to Air Flights. If you have booked flights as part of your travel, you should ensure that the company with which you booked the flights has the appropriate CAA/ATOL bonds in place.

Part 3: The Package Travel and Linked Travel Arrangements Regulations 2018 can be found here: www.legislation.gov.uk/uksi/2018/634/contents/made

 

SECTION C: SINGLE SERVICE BOOKINGS

This section applies to all single service bookings that you make with us (e.g. a trip that lasts less than 24 hours or does not include overnight accommodation) when we are acting in a Principal capacity. For avoidance of doubt, references to ‘trip’ in this section are references to the single service booking in question. Please read this section in conjunction with Section A of these Booking Conditions.

1. PRICING

The price of your trip will be confirmed at the time of booking. We reserve the right to amend the price of unsold arrangements at any time and correct errors in the prices of confirmed bookings.

The price of your confirmed booking is subject at all times to changes in transport costs, such as fuel, which are part of our contracts with transport provider’s; to cost changes arising from government action such as changes in VAT or any other government imposed changes; and to changes in the currency exchange used to calculate your arrangements any or all of which may result in a variation of the price of your arrangements.

2. CHANGES BY YOU TO YOUR SINGLE SERVICE BOOKING

In the event that you wish to change/amend/postpone a booking previously confirmed by us in writing we will make every effort to assist you. You will not be charged an administration fee for each such amendment however you will be subject to covering any additional charges incurred. You will also be responsible for any unrecoverable charges or expenses in making such amendments. All changes will be subject to availability.

If you choose to postpone your participation on a trip and wish to join another trip, you should put your request in writing to info@adventurousewe.co.uk or by letter. You will not be charged an administration fee to move trips however, if by you moving trips there is a direct cost to AE this amount will be deducted from your deposit. If any direct costs chargeable to AE exceed your deposit we reserve the right to turn down your request to move trips. If your request to move is accepted, you must confirm the alternative trip within 4 weeks of postponing from the first trip. If the trip you wish to move to has a higher deposit, balance, or minimum sponsorship level, you will be responsible to pay the difference. Any payments associated with your change of trip must be paid within 7 days of receiving an invoice. If your request to move trip dates is received in writing by us 5 weeks or less prior to departure, it will be treated as a cancellation and re-booking and the standard cancellation charges will apply (as set out below).

3. CANCELLATIONS BY YOU TO YOUR SINGLE SERVICE BOOKING

Any request to cancel from a trip must be confirmed to us in writing either to info@adventurousewe.co.uk or by letter. If by letter, please ensure it is sent by Recorded Delivery. Cancellations are only effective from the day that they are received by us. Your insurance policy (if you have one) may refund much of your costs if cancellation is due to certain specified factors.

Cancellations will incur the following charges: Cancellations made 36 days or more before departure (you will lose the registration fee).

• 29-35 days before departure date – you will lose 40% of total trip cost
• 22-28 days before departure date – you will lose 60% of total trip cost
• 14-21 days before departure date – you will lose 80% of total trip cost
• 14 or fewer days before departure date – you will lose the total trip cost

4. CHANGES OR CANCELLATIONS BY US TO YOUR SINGLE SERVICE BOOKING

We may in exceptional circumstances be required to cancel your trip in which case we will provide you with a full refund of all monies paid. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation. No refund will be paid if we cancel as a result of your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you. Very rarely, we may be forced by unavoidable and extraordinary circumstances (please refer to clause 25 of Section A for circumstances where this arises) to change or terminate all or some of your arrangements after departure. If this situation does occur, we regret we will be unable to pay you compensation or meet any costs or expenses you incur as a result.

5. OUR LIABILITY FOR SINGLE SERVICE BOOKINGS

1. Subject to the remainder of this clause, we have a duty to select the suppliers of the services making up your trip with us with reasonable skill and care. We have no liability to you for the actual provision of the services, 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 suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the trip in question or any acts or omissions of the supplier, its employees or agents.
2. We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
   1. The act(s) and/or omission(s) of the person(s) affected;
   2. 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
   3. Unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
   4. 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 in the following ways:

a) Loss of and/or damage to any luggage or personal possessions and money.The maximum amount we will have to pay you in respect of these claims is an amount equivalent to £200 per person.

b) Claims not falling under (a) above or involving injury, illness or death.The maximum amount we will have to pay you in respect of these claims is twice the price paid by you in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your booking.

1. It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves strictly in accordance with the complaints procedure set out in these Booking Conditions.
2. Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also 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.
3. Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your trip prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (b) relate to any business.
4. We will not accept responsibility for services or facilities which do not form part of our agreement with you or where they are not advertised on our website or in any of our advertising material.