By making a booking with us you accept these terms and conditions. This is an important document which creates legally binding obligations on you and Activ. We suggest you seek legal advice if you do not understand anything set out in these terms and conditions.
Activ Adventures (www.activadventures.com) is a trading name of Activ Social Enterprise Ltd (08512770) whose office is registered at 1 Union Court, Richmond, TW9 1AA.
By accepting this agreement we can be assured that you are:
- at least 18 years of age
- the legal guardian of the participant(s) you are making the booking for or you are a participant and over 18 years of age
- legally capable of entering binding contracts.
3. BOOKING AND CONFIRMATION
- An application form for each participant must be completed either online or by hard copy for the programme being booked.
- Full or part payment received by us constitutes your acceptance of these booking terms and conditions.
- Payment plans can only be made with written consent by email from Activ and payments not made on time, in accordance to the written confirmation, will result in a cancellation by you of your booking and the cancellation charges as stated in section 5 will apply.
- All bookings will be conﬁrmed by Activ in writing, by email, using the email address provided on the application form.
- If your application form cannot be accepted, for whatever reason, the full amount will be refunded.
- It is important that all emails provided are correct. Activ cannot be responsible for emails you do not receive due to mistyped emails or email addresses misinterpreted by us due to illegible handwriting on hard copy application forms.
- Both the initial payment and application form must be received and processed before a participant is accepted on the programme.
- Activ reserves the right to cancel your place on a programme in accordance with these terms and conditions.
- Activ reserves the right to increase the price of a programme in the event of circumstances arising beyond our control.
4. MINIMUM NUMBERS
- Activ requires a minimum of 12 participants to run a programme. If the number of participants drops below this, we will contact you to discuss your options. Options may include cancelling aspects of the programme, joining another group on a similar programme, or increasing the cost per person on a pro rata basis.
5. IF YOU NEED TO CHANGE OR CANCEL YOUR BOOKING
- You must inform us at the time of booking if the participant is unable to make any of the compulsory dates so that we can try to provide an alternative for you.
- There is a cost for any changes or additions to the programme you require if we are notified after the time of booking. The cost will be the advertised price as stated on our website at the time you want to change your booking.
- If you need to cancel all or part of your booking, you need to inform us in writing. All cancellations will be acknowledged by Activ via email and, to compensate us for any time or money already committed, the following charges will apply:
|Up to 14 days after your booking deadline||Full refund|
|14 days after your booking deadline||Full refund minus £100 cancellation charge|
|28 days before the first scheduled event of the booked programme||No refund|
- The above charges cover cancellation charges to instructors and suppliers such as accommodation/campsites, and also include our own administration charges. Once these charges are paid, the contract comes to an end.
- We strongly advise you to take out appropriate insurance in case you need to cancel your booking.
6. IF WE CHANGE THE DETAILS OF YOUR BOOKING
- In the interests of the safety and enjoyment of all participants, we may need to make changes to your programme details. If so, we will notify you by email. These changes may include a change to the programme location, dates or start and ﬁnish times. We reserve the right to make these changes at any time and cannot be held liable for any additional costs incurred.
- We reserve the right to increase the price of a programme in extreme circumstances only, between the date of issue of the application form and departure (overseas programme) or meet time on the first day of each expedition (UK-based programmes). For example, the relevant currency exchange rate alters more than 5% or the cost of accommodation or transport increases substantially.
7. IF WE NEED TO CANCEL YOUR BOOKING
- In certain circumstances it may be necessary for us to cancel a section of a programme. If this occurs you will be given the option of transferring to another programme or we will provide help in ﬁnding an alternative provider. We will refund any payments received in full but will accept no responsibility for any additional costs you incur.
- When assessing whether an overseas programme will operate we use information from our in-country agent in conjunction with advice from the British Foreign Office and other relevant government bodies.
8. ACCURACY OF INFORMATION
- All information from us is correct to the best of our knowledge. We will let you know as soon as possible if changes occur.
- We are not liable for delays in transport due to circumstances beyond our control.
- Overseas programmes require lots of on-trip flexibility. The itinerary given is an ideal however changes may be caused by circumstances beyond our control.
9. SERVICES INCLUDED IN YOUR BOOKING
- Planning and logistical arrangements for the programme; appropriate training and support for expedition-based programmes; online resources and guides for participants; qualified instructors; accredited assessors when required; accommodation/campsite fees dependent on the programme; use of specialist kit as outlined for each individual programme; in-country agents when programmes are based overseas; and use of group kit (tents, trangias/stoves, fuel, maps, and compasses) for DofE expeditions.
- If equipment is damaged or lost by the participant through wilful, reckless or negligent behaviour then we will ask you to pay for the damaged or lost equipment.
10. SERVICES NOT INCLUDED IN YOUR BOOKING
- Participant’s personal effects and spending money; costs of participant’s own prescribed medical requirements and inoculation fees for overseas programmes; food not outlined in the programme details; insurance not stated in section 18; supervision and/or transportation for any participant excluded or otherwise unable to participate; support with eDofE and associated activities; transportation costs to and from the agreed programme meet and departure points; costs of passports, visas and related charges for overseas programmes; optional activities unless stated in the programme details.
- We have a list of approved activity providers outside our provision on overseas adventure programmes, and participants must only use these providers. Participants are not permitted to participate in activities not approved by us and/or not provided by our approved providers.
11. TRANSPORT TO AND FROM PROGRAMME LOCATIONS
- Our programmes sometimes include transport to and from the meet/return points for participants. If this is the case, it will be included in the programme details.
- If this is not the case and participants are required to make their own way to the meet/return points, this will be made clear in the programme details sent to you in advance of the event.
- Tickets must be purchased in advance to ensure the group is not delayed at the meet point.
- We will not wait for any participant who is late to the meet point or arrives without tickets, and you will be responsible for the subsequent travel requirements.
- We will not pay any extra costs involved in transport alterations where this is outside our control.
12. ACKNOWLEDGEMENT OF RISK
- By submitting an application form you confirm that you understand adventure programmes by their nature have physical demands and elements of risk. We have taken all reasonable steps to provide the level of care and assurances of safety appropriate to your programme, but certain risks remain as an integral part of the programme. Hazards include but are not limited to: walking on rough terrain; extended physical effort; environmental hazards (such as, changeable weather); and feeling uncomfortable, tired and emotional at some stage during the programme.
- Overseas programmes often take place in areas where infrastructure standards may be lower than those you might expect. Your booking is accepted on the understanding that you realise the hazards and risks involved in adventure travel.
- For DofE programmes, you understand that participants will not be directly supervised on expeditions at all time as DofE expeditions must be unaccompanied, self-reliant and completed by the participants’ own physical efforts. Participants agree to follow all instructions, work as a team and take responsibility for their actions in line with DofE’s 20 Conditions and the 20 points stated on our Expedition Safety Card.
13. HEALTH, FITNESS AND MEDICAL STATEMENT
- Participants must be fit, healthy and willing to participate safely in all aspects of the programme.
- If the participant has any medical problems, disabilities or other issues which may affect their ability to participate, you must tell us at the time of booking so we can check the suitability of the programme or make reasonable adjustments.
- If any medical problems or disabilities arise after forms are submitted, you must notify us immediately so we can amend our records accordingly.
- It is your responsibility to verify the participant’s health and vaccination requirements for the programme, and to obtain and have all necessary prescriptions, medicines and vaccinations. Please consult a doctor.
- If you were unsure whether you can participate, you will have consulted a doctor before the programme begins and not go against the doctor’s advice.
- If the participant suffers from any of the conditions set out on any forms we send you, we reserve the right not to accept the booking. We may request further information and, if provided with a suitable certificate from a doctor, accept the participant on the programme.
- If any medical problem or injury occurs during the programme, the participant must notify us immediately. They must speak to an instructor or call our emergency phone and we will be able to assist them by assessing the problem and providing the appropriate medical care. If we are not notified immediately we cannot be held liable for any subsequent complication or deterioration in the participant’s health. You are responsible for making sure the participant understands their responsibility in the case they develop a medical problem or injury with us.
- We reserve the right to decline or cancel part or all of a booking, or exclude the participant without refund or compensation, if we believe the participant is not fit enough to take part in the programme or if they have a medical problem or disability that might affect the health and safety of anyone in the programme.
- You understand that failure to inform us of all conditions is a breach of these conditions and could result in the participant’s exclusion from the programme. In this case cancellation charges in section 5 will apply.
14. PARTICIPANT EXCLUSION
- We reserve the right to exclude any participant at any time if we believe that participant is a risk to any other participant or is incompatible to the enjoyment and objective of the programme.
- We reserve the right to exclude any participant contravening any safety instructions from us and/or the accompanying staff or centre visited by the participant on the programme.
- Reasons for exclusions include, but not limited to: Not having the correct food, personal kit or equipment to safely take part in the programme; Not being physically able to safely take part in activities which is likely to prejudice the participant’s health and safety or the health and safety of anyone else; Disobeying a safety instruction; Disruptive or threatening behaviour, or; Failing to comply with our code of conduct: www.activadventures.com/code-of-conduct.
- We offer no refund in the event of an exclusion, and additional costs will be at your expense.
15. YOUR RESPONSIBILITIES INCLUDE BUT NOT LIMITED TO:
- Checking your booking confirmation to ensure you booked what you intended to book and that the participant can attend all programme dates.
- Ensuring you fully read, understand and respond to, if required, all correspondence sent to you by Activ.
- Informing us promptly of changes to any information you gave us, by form or otherwise, particularly contact details, emergency contacts and medical details.
- Ensuring the participant is prepared, ﬁt and able to undertake the demands of the programme.
- Ensuring the participant is appropriately kitted out to safely take part, if not, we reserve the right to exclude the participant from the programme with no refund.
- Ensuring the participant behaves in an appropriate manner in accordance with our code of conduct and doesn’t cause distress or annoyance to others or damage anyone’s property. If property is damaged, you will be liable for repair or replacement costs and other costs if we have to terminate their programme prematurely.
- Ensuring the participant complies with local laws and instructions from our instructors and authorised representatives. For overseas programmes the participant must meet entry requirements for the country.
- Ensuring the participant is registered with DofE and has an eDofE number for the appropriate level before booking with us.
- Checking our DofE Programme meets the expedition requirements of the participants operating authority.
- Accepting any changes in your programme as long as it provides a programme equivalent in nature and quality.
16. OUR LIABILITY TO YOU
- We will take all the skill and care we have to provide services and equipment included in your programme, including arranging for the provision of services or facilities which we are not providing ourselves. We do not accept liability for the actions or omissions of any third party providers.
- If the contract we have with you is performed not properly or at all you may be entitled to a refund. We are not liable when the contract is not performed because of:
- You or any participant;
- Any acts of third party, either suppliers or unconnected with the provision of the program;
- Circumstances beyond our control;
- Events which we or our suppliers could not foresee or forestall.
- Our liability, except in cases involving death or personal injury arising from our negligence, is limited to a reasonable amount in regard to the programme’s price, and will never exceed the amount you paid to take part in the programme.
- If your programme involves transportation, the transport company’s conditions of carriage apply directly and do not form part of the contract between you and us. In cases of lost or damaged baggage, or cases of death or personal injury arising in the course of international air travel, or in connection with any accommodation, the amount of compensation you will receive is limited by certain international conventions. We accept no liability for your personal effects.
- We may take photographs or videos of participants to use in promotional or training material. Please let us know when you book if you object.
- We are fully insured to carry out all activities you book with us. Details are available on request. Our policy does not provide cover for you in the event of cancellation for any reason or personal accident for any participant, or for damage to or loss of equipment belonging to us or you caused by wilful, reckless or negligent behaviour.
- For all DofE expeditions and DofE residential programmes with us, DofE provides limited personal accident cover for participants (see www.dofe.org/en/content /cms/Leaders/insurance).
- We strongly recommend you take out personal and/or travel insurance as required to cover you in the event of cancellation due to illness or injury, if injured in an accident on the programme, and to cover personal kit damaged or lost during the programme for whatever reason.
- We require all our participants to take out appropriately comprehensive travel insurance for our overseas programmes, and provide evidence the insurance is in force and the cover is appropriate before departure.
- We, or any person involved with us, will not accept liability for loss or damage to any property belonging to, or travelling with, a participant or in any of our vehicles. We do not accept responsibility for any losses or additional expense due to injury or sickness whilst at one of our programmes that is beyond our control.
19. PASSPORT & VISA REQUIREMENTS
- For some overseas programmes we request special permits, and need the participant’s passport details to be provided. If the participant renews their passport after the application has been submitted, the participant must notify us without delay and ensure they take their old passport with them to maintain the validity of the permit.
- It is your responsibility for the participant to have a valid passport with visas required for the overseas programme. We will not be responsible if the participant doesn’t travel with a valid passport and/or visas and you will need to reimburse us if we incur any expense in assisting the participant in such circumstances.
- You acknowledge that, except as disclosed in writing to us, you are not aware of any reason why the participant may have difficulty entering any of the countries covered by the programme.
20. COMPLETING AWARD-BASED PROGRAMMES
- Each participant must show a commitment to achieving any award-based programme delivered by us which they have been booked to attend. We will help participants the best we can and not beyond what is deemed appropriate for the award.
- Each participant will be given the best opportunity to complete the expedition section of their DofE Award. All participants must demonstrate the skills they have learned before we can sign off their training and practice expeditions. Where skills have not been demonstrated to the appropriate standard, further training and practice will be necessary, before we can allow participants to take part in the qualifying expedition.
- Participants must show the required skills during their qualifying expedition to pass. We use accredited DofE assessors who assess teams using the DofE 20 Conditions.
- We accept no responsibility for additional costs which are a result of participants not successfully completing any DofE expeditions and so needing further expeditions. Costs and dates for our Open DofE Expeditions can be found on our website.
21. DATA PROTECTION
- The details you provide us on the application form will be used by us in accordance with the Data Protection Act 1988 and used by those acting on our behalf for the purpose of administering and delivering the programme. By submitting any form associated with the programme, you agree to us using your personal data in this way.
22. INTELLECTUAL PROPERTY
- You agree and acknowledge that all intellectual property rights and know how contained in and relevant to the programme, including materials, trademarks of Activ Social Enterprise Ltd and advertising materials and text are, and shall remain, the property of Activ Social Enterprise Ltd. You will use such intellectual property rights only in accordance with the instructions and prior permissions of Activ Social Enterprise Ltd.
- Any complaints you may have about your programme or our service should be reported immediately so we can act immediately.
- In the unlikely event that any problem cannot be resolved, you should write to us within 28 days of the end of the programme giving us full details of your complaint to guarantee that we are to take any further investigation or action. Failure to do this may reduce or even extinguish your legal right to claim compensation.
24. CHANGES TO THIS AGREEMENT
- We reserve the right to update these Booking Terms and Conditions at any time, without notice. The latest Booking Terms and Conditions will always be available at www.activadventures.com/btc
- This contract is made on the terms of these conditions, which are governed by English Law, and you agree to the exclusive jurisdiction of the English Courts.
- If any of these conditions is found by any court or other competent authority to be wholly or partly unfair or unenforceable the validity of the rest of the conditions and the rest of the condition in question shall not be affected and shall remain valid and enforceable to the extent permitted by law.
- The headings in these conditions are for convenience only and shall not affect their interpretation.
- Where the context otherwise requires, words importing the singular meaning shall include the plural meaning and vice versa and words denoting the masculine gender shall include the feminine and neuter genders.
- Where the context so admits, words denoting persons shall include natural persons, companies, charities, corporations, firms, partnerships, limited liability partnerships, joint ventures, trusts, voluntary associations and other incorporated and/or unincorporated bodies or other entities (in each case, whether or not having separate legal personality) and all such words shall be construed interchangeably in that manner.
- A person who is not a party to the contract or these conditions has no right under the contracts (Rights of Third Parties) Act 1999 to enforce any term of the contract or these conditions but this does not affect any right or remedy of a third party which exists or is available apart from this Act.
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