OPEN CHALLENGE AGREEMENT
Ultimate Travel Company (UTC) of 25 -27 Vanston Place, London, SW6 1AZ
UTC Ultimate Challenges facilitate the raising of funds for charities by providing expedition trips. Set out below are the terms and conditions to form the basis of your relationship with the Tour Operator ('UTC') of 25 -27 Vanston Place, London SW6 1AZ, registered company number 3528325, and the charity for whom you have decided to raise funds 'the charity'.
Making your booking
Please complete the specific application and medical form for the expedition you wish to join, and forward them to UTC with your non-refundable* deposit (made payable to The Ultimate Travel Company Ltd). On occasions, some expeditions require a higher deposit, but you will be advised of this at the time of booking. If you are booking less than 8 weeks prior to departure, the full cost of the expedition will be payable. On receipt of your application/medical form and deposit, we will confirm your place on the expedition in writing and send you further fundraising and expedition advice. Applicants whose forms are not accepted (e.g. medical conditions not suitable for the expedition) will have their deposits of deposit refunded.
Payment methods for joining an Open Challenge
There are two payment options:
- Fundraising option. Once you have paid the non-refundable deposit and we have confirmed your place on the expedition, you should contact the charity for whom you wish to fundraise. You will commit to raising a minimum sponsorship target that will need to be paid in full to the charity at least eight weeks prior to departure. We will then invoice the charity for your expedition costs less the airport taxes and fuel surcharges which we will invoice you for directly.
- Payment + fundraising option. Once you have paid the non-refundable deposit and we have confirmed your place on the expedition, we will invoice you directly for your expedition costs and airport taxes and fuel surcharges, to be paid at least eight weeks prior to departure. You should contact the charities you wish to raise money for directly.
Credit card payments
We do have the facility to accept payments by credit card but will levy a service charge of 2% of the value of the relevant payment to cover costs incurred. This does not apply to debit cards.
Failure to pay all monies on time
If we or your chosen charity (as applicable) do not receive all payments (including any surcharges) and minimum sponsorship requirements on time, we are entitled to treat the booking as cancelled and to apply cancellation
charges as set out below.
Alterations made by the Ultimate Travel Company
We plan expeditions many months in advance. Occasionally, we have to make changes to the published itinerary and to amend or cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we reserve the right to modify or cancel any tour, flight schedule and accommodation arrangement should unforeseen circumstances amounting to 'force majeure' arise. We will notify you of any such changes as soon as possible. If the changes are significant enough to alter the nature of the expedition, you will be given the choice of an alternative expedition or a full refund of all monies paid.
We reserve the right to increase the price of your travel arrangements to allow for variations in transportation costs (including the cost of fuel), taxes and the exchange rate applicable to your travel arrangements. No price increase will be made within 30 days of your departure date and, in any event, we will absorb any increase up to 2% of the cost of your travel arrangements.
Each expedition will only operate with a minimum number of participants. Likewise, the provision of a UTC leader and/or doctor is subject to minimum number of participants. Please check your information pack for specific details.
Alterations made by you
We will do our best to make any alterations you may require after confirmation has been issued subject to availability and the payment of any increased costs relevant to the changes. If alterations are made less than 8 weeks prior to departure, an additional £95 charge will be levied together with any other costs incurred.
Cancellations by you
All cancellations must be received in writing. Cancellation is taken from the date such notice is received and charges will be applied as follows:
- Between 8 and 6 weeks = 50% of expedition
- Between 6 and 4 weeks = 75% of expedition
- Less than 4 weeks = 100% of expedition
If you have paid us for your expedition costs, any refunds due will be paid directly to you.
If your chosen charity paid us for the expedition costs, any refunds due will be paid directly to the charity. The charity shall be entitled to keep any such monies and shall not be obliged to refund you. If cancellation occurs in
circumstances where recovery of cancellation charges is indemnified under your travel insurance, you hereby agree that you will co-operate in the recovery of these charges from the insurers and that any sums recovered will be paid to the charity. Monies paid to the charity over and above the expedition costs will not be refunded in the event of cancellation, as these monies were raised for charitable purposes.
Airlines and other suppliers
UTC will provide travel, accommodation and other services as specified in the expedition itinerary. Flights and accommodation are fully protected under the company's ATOL Licence Number arranged with the Civil Aviation Authority (CAA). Most flights are arranged with scheduled airlines that will usually provide refreshments, meals and accommodation in the event of any substantial flight delay. If these facilities are not provided by the airline in the event of any such delay at the outward or homeward points of departure, UTC will not be responsible for arranging them.
Extending our stay after the expedition
Should you wish to extend your stay, we can amend your flight reservation but will charge you for any increase in the airfare plus an administration fee of £95.
Health, safety & fitness
The expedition in which you will be participating is challenging and will require a good level of fitness, strength and endurance. It is your responsibility to ensure that you are fit to participate. You will be asked to fill out a detailed medical form, which you should complete accurately and truthfully. Your place on the expedition will only be confirmed once your medical form has been assessed. If you have any doubts about your health, you should check with your doctor to ensure that you are sufficiently fit, healthy and mobile to participate in the event. You should take into account that local medical facilities, particularly for those with any illness or infirmity, are likely to be inferior to those in the United Kingdom. Your personal safety during the expedition is of fundamental importance to us. While we do carefully monitor the safety of every expedition destination, the Foreign and Commonwealth Office do offer a travellers' advice line on 0207 008 0232 or www.fco.gov.uk. Please ensure that you are kept informed of the latest FCO advice.
It is imperative that you take out travel insurance to cover any health or injury problems that may arise and, if necessary, repatriation to the United Kingdom. You should also advise your insurer of any pre-existing medical
conditions before travel. Failure to do so may invalidate the cover. UTC requires a copy of your insurance policy details at least 8 weeks prior to departure. We reserve the right to cancel your booking if you fail to obtain adequate cover.
Standard and quality of facilities
You should not have unreasonable expectations of the facilities that will be provided which may be below what you might expect at home. The itinerary and literature you receive from us will accurately describe the standard and quality of the travel arrangements.
We accept responsibility for ensuring that your travel arrangements are as described in literature produced by us or on our behalf, and that the services we are contractually obliged to provide are to a reasonable standard. If, in the reasonable opinion of the charity, any part of your travel arrangements is not provided as promised, and if this has affected the quality and structure of the expedition, we will pay appropriate compensation.
We accept responsibility for caused by negligent acts and/or omissions of us, our employees, agents and suppliers whilst acting within the scope of, or in the course of, their employment in the provision of any part of your travel arrangements that we are contractually obliged to provide. We will, accordingly, pay to any affected participant such damages as might have been awarded in such circumstances under English law.
However, damages are not payable where any failure to fulfil the contract is not due to any fault of ours or the supplier of any part of your travel arrangements, and where any failure to fulfil the contract is attributable to you, unforeseen and unavoidable actions of a third party unconnected with the provision of your travel arrangements, unusual and unforeseeable circumstances beyond our control or any event which could not have been foreseen even if all due care had been exercised.
In respect of carriage by air, sea and rail and the provision of accommodation, the amount of compensation we may be obliged to pay will be limited in accordance with relevant international law conventions. Carriage by air is subject to the relevant carriers' conditions. In particular, drunkenness or rowdy behaviour may lead to the airline refusing carriage, in which case alternative flights may have to be organised at your own cost.
Acceptance of risk
Your booking is accepted on the understanding that:
- You are aware that this is an adventure trip. In addition to the usual dangers and risks, you should take into account weather extremes, remoteness from medical services and physical exertion for which you may not be prepared before committing to the expedition.
- You acknowledge that the enjoyment and excitement of adventure travel is derived in part from the inherent risk incurred in taking part in activities that are beyond the levels of safety your would normally encounter at home or in the work place, You acknowledge that this is a reason for your participation.
- You acknowledge that the nature of the expedition requires considerable flexibility and that you must allow for changes to routes, schedules, transport etc. The outline itinerary for the expedition is an indication of what the group may accomplish, and does not form a contractual obligation on our part. No refunds will be given for services not utilised.
- The expedition leader, doctor and local management staff have the right to disqualify any participant at any time during the course of the expedition if it is deemed necessary for the safety of yourself or the other participants, or if it is deemed that your behaviour or actions are compromising the other participants' enjoyment of the expedition.
Complaints and arbitration
We will always endeavour to resolve any complaints on the spot. However, if the matter cannot be resolved, you should inform the relevant supplier and/or expedition leader then write to us within 14 days of the end of the expedition. We will endeavour to resolve the issue as promptly as possible.