TOUR OPERATOR BOOKING CONDITIONS – CHARITABLE & CHALLENGE EVENTS
These are the terms and conditions of the Tour Operator which apply to those who are advised by the charity or the trading company of the charity, known hereinafter as “the charity”, that they will be participating in the fundraising event. Please refer to the charity’s own terms and conditions regarding your sponsorship and eligibility to travel. Only those potential participants who qualify under the charity’s rules will be entitled to travel. For those selected to travel, then the following conditions will apply.
1. Your contract with the Tour Operator
(i) If you are selected to take part in the fundraising event, we will be advised of your details by the charity. Your contract for travel, accommodation and other services (“your travel arrangements”) will be with us, the Tour Operator. If you are selected then we will confirm our contractual commitment to you by sending to you a confirmation invoice, together with the details of your travel arrangements and the itinerary that we have agreed to provide. It is only then that these terms and conditions will apply and a contract will exist between us, which is governed by English law and is subject to the exclusive jurisdiction of the English Courts. The Package Travel and Linked Travel Arrangements Regulations 2018 (the “Package Travel Regulations”) also apply to the relationship between us and contain important rights for you as a traveller.
(ii) Travel arrangements made by us which include:
(a) flight and accommodation – are fully protected under the company’s ATOL Licence Number 5111 arranged with the Civil Aviation Authority (CAA). or
(b) ferry and accommodation – are fully protected under the company’s Travel Organiser Failure Cover (TOFC).
(iii) Payment for your travel arrangements will be made to us by the charity from the sponsorship it has received in accordance with the charity’s terms for participating in the fundraising event.
GIVEN YOU HAVE RAISED THIS SPONSORSHIP FOR THE CHARITY, AND YOUR TRAVEL ARRANGEMENTS ARE BEING PAID FOR OUT OF THESE SPONSORSHIP FUNDS, YOU EXPRESSLY AGREE THAT ANY REFUNDS DUE TO YOU UNDER THE PACKAGE TRAVEL REGULATIONS DUE TO THE CANCELLATION OF YOUR TRIP PRIOR TO COMMENCEMENT WILL BE PAID TO THE CHARITY AND NOT TO YOU AND THAT YOU WILL HAVE NO CLAIM AGAINST US FOR THOSE REFUNDS ONCE WE HAVE PAID THEM TO THE CHARITY.
2. The price of your tour
(i) The cost of your participation in the fundraising event forms a part of the overall value of the sponsorship raised by you and received by the charity. From those sums received by the charity, the charity will pay to us the cost of your travel arrangements that we are agreeing to provide.
(ii) We reserve the right to increase the price of your travel arrangements in line with the Package Travel Regulations solely to allow for variations which are a direct consequence of changes in: (a) the price of carriage of passengers resulting from changes in fuel prices; (b) taxes or fees on travel services included in your package (for example: APD, landing charges, tourist taxes, embarkation and disembarkation fees at ports and airports); and (c) exchange rate fluctuations. No price increase will be made within 20 days of your departure date. Any increase will be calculated based on the full increase in base cost under (ii) above. Under the Package Travel Regulations, you have the right to cancel if we increase the price by more than 8%.
(iii) If the price of your package reduces due to a change in any of the elements listed in (ii) above, we will make a refund of any overpayment made in line with the Package Travel Regulations, after deduction of our reasonable administration fees. That refund will be made to the charity and not to you.
3. What are your payment methods for joining the trip:
(i) You must complete the specific application and medical form for the expedition you wish to join, and forward them to UTC or the charity with your non-refundable registration fee. On occasions, some expeditions require a higher deposit, but you will be advised of this at the time of booking.
(ii) You must then pay the basic trip cost to UTC or the charity (as stated in the charity’s terms) no less than 8 weeks prior to the commencement of the trip. If you are booking less than 8 weeks prior to departure, the full cost of the expedition will be payable.
(iii) You or the charity must pay any taxes and fuel surcharges 8 weeks prior to departure.
Please be advised applicants whose forms are not accepted (e.g. medical conditions are not suitable for the expedition) will have their deposits refunded (those refunds being paid to the charity, as explained in 1(iii) above).
4. Personal Data
To book your travel arrangements, we will need to take some personal data from you (such as your date of birth, address, passport number and details of any medical issues relevant to your trip), which we will need to share with third parties relevant to your trip (such as charities, air carriers, hotels and Government agencies). We will comply with all data protection regulations applicable to the UK when processing your personal data and we will not use your personal data for marketing purposes unless you give us your consent to do so.
5. Failure to pay all monies in 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.
6. Health, Safety & Fitness
The challenge in which you will be participating is physically demanding 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. Our Expedition Medics advice all participants to have a BMI of around 30 or below, however we do understand a person’s BMI does not always determine their level of fitness. If necessary, Ultimate Challenges will contact you to discuss your fitness and training plans.
Your place on the challenge 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 challenge.
7. Travel Insurance Cover
Please note that UTC does not provide you with any travel insurance cover.
(i) We recommend therefore that you do take out travel insurance to make sure you are fully covered for the event you are undertaking, and clarify its precise nature to your insurers.
(ii) Whilst we are obliged under the Package Travel Regulations to provide some assistance if you are in difficulty whilst on the trip, this assistance is limited and any costs relating to any emergency, hospitalisation and medical treatment are your responsibility. If you choose not to take out the appropriate travel insurance, should you fall ill or be involved in an accident you may not be covered for the associated costs. Your failure to carry valid insurance may in some countries hamper any rescue attempt (for example by Mountain rescue).
(iii) We strongly recommend you are insured for the full duration of your trip and the policy is taken out prior to the date of your departure and does not cease until you have returned.
(iv) We strongly recommend the highest levels of cover and that should include as a minimum “air evacuation, Medical expenses and repatriation”.
(v) You must also make sure you inform the insurance company of any pre-existing medical conditions
before travel, failure to do so may invalidate your policy or any subsequent claim.
(vi) If you have an existing policy we highly recommend you call your insurers and confirm that it meets with the requirement of the trip (for example, if you are hiking at altitude) you are undertaking with UTC.
Please be aware that it is your responsibility to ensure that you are correctly covered for the trip. Please make sure you read and understand section 12 below re our limitation of liability.
8. Cancellation & Transfer
(i) If you cancel your travel arrangements or decide not to participate in the fundraising event at any time prior to the scheduled departure date, we shall be entitled to charge a termination fee (save to the extent such fee is excluded by the Package Travel Regulations) which is calculated as follows: (a) for cancellation more than 90 days prior to departure – nil; (b) for cancellation 90 to 60 days prior to departure – 50% of the price of your tour; and (c) for cancellation less than 60 days prior to departure – 100% of the price of your tour. Any refund due will be paid by us to the charity (after deduction of any allowable termination fee) not to you, as your sponsorship was raised for charitable purposes (see section 1(iii) above).
(ii) If we cancel your travel arrangements any refunds due under the Package Travel Regulations will be paid to the charity and you waive any right to payment of these.
(iii) 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 any sums recovered under the policy will again be paid over to the charity.
(iv) If cancellation occurs due to unusual and unforeseeable circumstances beyond our control, such as national emergency, natural disaster, fire, bad weather, flight or ferry delays or other such events (acts of force majeure), then we will advise you as soon as it is reasonable to do so. If you wish to make any changes to your confirmed booking, you must notify UTC and the charity as soon a possible. If these amendments are possible a £95 per person fee will be payable (unless excluded by the Package Travel Regulations).
(v) Under the Package Travel Regulations, you have the right to transfer your package to a person who satisfies all of the conditions of eligibility, and who qualifies under the charity’s rules, to participate on the trip. The decision on whether the person you wish to transfer to qualifies under the charity’s rules is for the charity. Under the Package Travel Regulations, you may have to pay additional fees, charges or other costs arising from the transfer, which we will advise you of at the time.
9. Destination Safety and Force Majeure
Your personal safety during the charitable event is of fundamental importance to us and whilst we will carefully monitor the safety of your destination, we recommend that you periodically review the travel advice issued by the Foreign & Commonwealth Office, which relates to all aspects of your destination, at http://www.gov.uk/knowbeforeyougo
10. Alterations by the Tour Operator
UTC plan expeditions many months in advance and occasionally we have to make changes.
(i) The Tour Operator and its supplier of flight, ferry, accommodation and land arrangements shall be entitled to change the details of your travel arrangements and itinerary. If a change is significant you will be advised as soon as possible and you will be entitled to:-
(ii) Cancel your participation in the event, in which case you agree that the cost of your travel arrangements
will be repaid by us to the charity and you will have no entitlement to such sums; or
(iii) Agree to proceed with the revised arrangements for the Event; or
(iv) Given the choice of an alternative expedition.
11. Standard and Quality of Accommodation and Services
You should not have unreasonable expectations of the facilities that will be provided which in some remote areas and some destinations may be well below what you might expect at home. The level of the standard and quality of your travel arrangements will be in line with the itinerary and any literature you receive from us.
(i) UNDER THE PACKAGE TRAVEL REGULATIONS, WE ARE RESPONSIBLE TO YOU FOR THE PERFORMANCE OF THE PACKAGE TRAVEL SERVICES INCLUDED IN YOUR PACKAGE. IF WE CANNOT REMEDY A LACK OF CONFORMANCE, THE PACKAGE TRAVEL REGULATIONS MAY ENTITLE YOU TO A PRICE REDUCTION AND/OR COMPENSATION. YOU ARE, HOWEVER, REQUIRED TO INFORM US WITHOUT UNDUE DELAY OF ANY LACK OF CONFORMANCE OF THE TRAVEL SERVICES WITH WHAT WE HAVE UNDERTAKEN TO PROVIDE. FAILURE TO DO SO, MAY INVALIDATE ANY CLAIM YOU MAY HAVE OR OUR OBLIGATION TO PUT THE LACK OF CONFORMITY RIGHT.
(ii) IN RESPECT OF CARRIAGE BY AIR, SEA AND RAIL AND THE PROVISION OF ACCOMMODATION, THE AMOUNT OF COMPENSATION THE TOUR OPERATOR MAY BE OBLIGED TO PAY WILL BE LIMITED IN THE MANNER PROVIDED BY THE RELEVANT INTERNATIONAL CONVENTION. CARRIAGE BY AIR IS SUBJECT TO THE CARRIERS CONDITIONS OF CARRIAGE. IN PARTICULAR DRUNKENNESS OR ROWDY BEHAVIOUR MAY LEAD TO THE AIRLINE REFUSING CARRIAGE WHEN ALTERNATIVE FLIGHTS MAY HAVE TO BE ARRANGED AT YOUR OWN COST.
(iii) IN ALL OTHER CASES, SAVE IN RESPECT OF PERSONAL INJURY OR DAMAGE CAUSED BY US INTENTIONALLY OR WITH NEGLIGENCE OR WHICH CANNOT OTHERWISE BE LIMITED BY ENGLISH LAW, OUR LIABILITY HOWSOEVER ARISING IS LIMITED TO THE LOWEST LEVEL ALLOWED BY THE PACKAGE TRAVEL REGULATIONS (CURRENTLY THREE TIMES THE TOTAL PRICE PAID FOR THE PACKAGE).
13. Acceptance of Risk
Your booking is accepted on the understanding that:
(i) You are aware that this is an adventure trip, in addition to the usual dangers and risks, some of which may incl. physical exertion for which you may not be prepared. Weather extremes. Remoteness from normal medical services.
(ii) You acknowledge that the enjoyment and excitement of adventure travel is derived part from the inherent risk incurred by travelling and undertaking activities beyond the levels of safety normal at home or work, and these inherent risk contribute to such enjoyment and excitement, being a reason for your participation.
(iii) Your knowledge that the nature of this type of trip requires considerable flexibility and you must allow for alterations, changes to routes, schedules, transport etc. The outline itinerary for this trip is an indication of what the group may accomplish , and does not form a contractual obligation on the part of UTC. No refunds will be given for services not utilised.
Applicable only to challenges which include flight arrangements as part of the package:
Most flights will be arranged with scheduled airlines which will usually provide refreshments, meals or accommodation where there is any substantial flight delay and when this is possible to arrange. The Tour Operator will not arrange these facilities if there is a delay at the outward or homeward points of departure if not offered by the airline or ferry company.
(b) Flight changes
Airlines may have to change aircraft without advance warning. You are asked to check carefully departure and check in times on your documentation when received to ensure that you arrive at the airport in sufficient time.
15. Passports and Visas and Health
You will be advised separately of any passports or visa requirements and any compulsory health requirements to enable you to participate in your travel arrangements. Please note that you will require a full British passport with at least 6 months unexpired at the date of return travel. For EC and other passport holders please contact the Tour Operator for special requirements.
16. Your Responsibilities
(i) You must not do anything or fail to do anything which is reasonably likely to bring the charity/or UTC into disrepute whether before, after or during the trip.
(ii) You must ensure that all the information provided by you to UTC and/or the charity is complete, true and accurate. If you fail to do so UTC will be entitled to cancel your booking and retain your non-refundable registration fee.
17. Minimum Numbers
Each expedition will only operate with a minimum number of participants. Likewise, the provision of a UTC leader and/or doctor is subject to a minimum number of participants.
18. 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.
This contract is governed by English law and the exclusive jurisdiction of the English Courts.