Terms of Website Use
(For Events Booking Terms please click here.)
bookwww.loveherwild.com is a website operated by Rebecca Band (“I” or “me” or “my”). My email address is [email protected].
I allow access to My Site on a temporary basis and I reserve the right to withdraw, restrict or change My Site at any time and without notice. I will not be liable if for any reason My Site is unavailable at any time or if the content is changed or out of date.
You must comply with the provisions of my Acceptable Use Policy when using My Site.
It is your responsibility to ensure that anyone who accesses My Site through your internet connection is aware of these terms and complies with them.
INTELLECTUAL PROPERTY RIGHTS
I am the owner or the licensee of all intellectual property rights in My Site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the materials on My Site for commercial purposes without a licence from me, or my licensors. You may not reproduce in any format (including on another website) any part of My Site (including content, images, designs, look and feel) without my prior written consent.
If, in my opinion, you are in breach of these provisions, your right to use My Site will cease immediately and you must either return or destroy (as required by me) any copies of the materials you have made.
RELIANCE ON INFORMATION AND LINKS
The contents of My Site (including links to other websites and resources provided by third parties) are for information only, and I shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through My Site meet your specific requirements.
INFORMATION ABOUT YOU AND YOUR VISITS TO MY SITE
LINKING TO MY SITE
You may link to any page on my site provided that you do so in a way that is fair and legal and does not damage my reputation or take advantage of it. I reserve the right to withdraw linking permission without notice.
The website from which you are linking must comply in all respects with my Acceptable Use Policy.
You must not link in such a way as to suggest any form of association, approval or endorsement on my part where none exists.
UPLOADING MATERIAL TO MY SITE
When you upload material to My Site, or make contact with other users of My Site, you must comply with my Acceptable Use Policy stated herein. If you upload material in breach of my Acceptable Use Policy and I suffer loss as a result, you will reimburse me for such loss.
Any material you upload to My Site will be considered non-confidential and non-proprietary and I have the right to use, copy, distribute and disclose it to third parties. If any third party claims that any material posted or uploaded by you to My Site violates their intellectual property rights, or their right to privacy, I have the right to disclose your identity to them.
I will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of My Site.
I have the right to remove any material or posting you make on My Site if, in my opinion, such material does not comply with the content standards set out in my Acceptable Use Policy.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse My Site by knowingly introducing any material, which is malicious or technologically harmful. You must not attempt to gain unauthorised access to My Site, the server on which My Site is stored or any server, computer or database connected to My Site. You must not attack My Site via a denial-of-service attack or a distributed denial-of service attack.
By failing to comply with this provision, you would commit a criminal offence and your right to use My Site will cease immediately and I will report your actions to the relevant authorities.
The material displayed on My Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, I hereby expressly exclude:
All conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with My Site or in connection with the use, inability to use, or results of the use of My Site, any websites linked to it and any materials posted on it (whether by me or a third party), including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect any liability, which cannot be excluded or limited under applicable law.
JURISDICTION AND APPLICABLE LAW
This policy (together with my terms of Website use stated herein and any other documents referred to herein) sets out the basis on which I will process any personal data I collect from you, or which you provide to me, in the course of using My Site. For the purpose of the Data Protection Act 1998 I am the data controller.
When you use My Site, there are a number of ways in which you provide information and other data to me. By using The Site, you consent to me processing and collecting this data, on the terms and for the reasons, which are explained below.
HOW YOUR INFORMATION IS USED
I may use your information to:
Send you my newsletters from time to time.
Ensure that content from My Site is presented in the most effective manner for you and for your computer.
Provide you with information, products or services that you request from me or which I feel may interest you, where you have consented to be contacted for such purposes.
Carry out my obligations arising from any contracts entered into between you and me.
Allow you to participate in interactive features of my service, when you choose to do so.
Notify you about changes to my service.
If you do not want me to use your information for marketing purposes, please state this when you submit your data. You can also contact me directly by emailing [email protected]
All information you provide to me is stored on my secure servers. Any payment transactions will be encrypted using SSL technology.
I take your privacy very seriously, and will take all reasonable steps to protect your personal data, but please be aware that any data which you send to My Site is sent at your own risk.
DISCLOSURE OF YOUR INFORMATION
I may disclose your personal information to third parties in the following circumstances:
To any prospective seller or buyer of My Site or assets;
If I am required to do so by law, any applicable regulation or to protect the rights, property, or safety of myself or others. This may include disclosing to other companies and organisations in connection with fraud protection and credit risk reduction.
ACCESS TO INFORMATION
You have the right under the Data Protection Act to access the information which I hold about you. If you wish to exercise this right, please send your request to [email protected]
ACCEPTABLE USE POLICY
This is the acceptable use policy, which, together with my terms of WebSite use stated herein sets out the terms under which I allow you to use My Site whether you are a visitor or a registered user. All enquiries should be directed to [email protected] Please read the terms of this policy carefully, as by using My Site you indicate that you agree to comply with and be bound by them.
PROHIBITED USES OF MY SITE
Whether you are a visitor or registered user, you must comply with my terms of Website use stated herein, and use My Site for lawful purposes only. In particular, you must not use My Site for the uses listed (without limitation) below:-
any fraudulent activity;
any activity which breaches any applicable law or regulation, whether national or international;
any activity which may cause or result in harm to a child under 18 years of age;
sending unsolicited advertising or other content (spam), or entering into any arrangement for such material to be sent;
reproducing, selling or otherwise handling My Site or its contents in breach of my terms of Website use;
knowingly introducing to My Site, or transmit or attempt to transmit to any other website, computer or network, viruses, trojans, worms, logic bombs or other material, code or programme which is malicious or technologically harmful;
attempting to gain unauthorised access to My Site, my software, my server, or any server, computer or database connected to My Site; or attacking My Site via a denial-of-service attack or a distributed denial-of service attack.
CONTRIBUTING AND INTERACTING
My Site may offer users the facilities to upload or contribute content or other material, or to interact with other users. When making use of these facilities, it is your responsibility to ensure that any contribution or interaction is, as far as you are aware, factually correct, represents your honest opinion, and does not breach any applicable law or regulation.
In addition, any contribution or interaction must not include any material which (without limitation):
is defamatory, obscene, offensive, hateful or inflammatory;
is, or refers to material which is, sexually explicit;
promotes violence, illegal activity or any form of discrimination;
infringes any other person’s copyright, database right or trade mark;
threatens, harasses, upsets, embarrasses, alarms or annoys any other person, or is likely to do so;
advocates, promotes or assists any illegal activity;
is likely to deceive any person or is made in breach of a legal duty owed to a third party (such as a duty of confidence);
invades another’s privacy or cause inconvenience or anxiety to any person;
is used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
gives the impression that the material emanates from me, if this is not the case.
If I at any time use My Site to provide users with any interactive service, the following moderation provisions will apply:-
I will notify users if moderation is in place, and, if so, whether the moderation is provided by a person or is automated;
if moderation is in place, I will give you a means to contact the moderator;
although I will do my best to assess any risks which such interactive service may pose, I will be under no obligation to moderate it, and I expressly exclude any liability for any loss or damage to any person caused by use of it; and
children should at all times be supervised when using the interactive services on My Site, whether such services are moderated or not.
BREACHES OF THIS POLICY
Any breach of this acceptable use policy will be dealt with in the same way as breach of my terms of Website use stated herein, and I reserve the right to take any other action I reasonably deem appropriate, including restricting your use of My Site and/or taking legal action against you. I are not liable for any loss or damage caused by any breach of this acceptable use policy.
Please check this page regularly, as I may revise this acceptable use policy at any time. I may also change or update my acceptable use policy at any time by means of notices published anywhere on My Site.
LEGAL NOTICE YOUR WEBSITE
A web cookie is a small piece of data that is sent from my Website and stored on your browser or the hard drive of your computer.
I only use analytical cookies which enable me to analyse the number of visitors to My Site and to see how My Site users navigate around My Site. This helps me to improve the way My Site works, for example, by ensuring that you can find what you are looking for easily.
If you want to know more about the cookies that I use, you can read the information in the table below:
Cookie Name Purpose More information
These cookies are used to collect information about how visitors use My Site. I use the information to compile reports and to help us improve The Site. The cookies collect information in an anonymous form, including the number of visitors to The Site, where visitors have come to The Site from and the pages they visited. See the Google Website for more information on privacy and security:https://support.google.com/analytics/ansIr/6004245
These cookies are used to collect information about how visitors use My Site. I use the information to compile reports and to help us improve The Site. The cookies collect information in an anonymous form, including the number of visitors to The Site, where visitors have come to The Site from and the pages they visited. See the Google Website for more information on privacy and security: https://support.google.com/analytics/ansIr/6004245
You are able to block my cookies by activating the setting on your browser that allows you to block cookies. If you do block my cookies however, you may not be able to access all or parts of My Site.
To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.
TERMS OF SERVICE – SHOP
This website is operated by Love Her Wild. Throughout the site, the terms “we”, “us” and “our” refer to Love Her Wild. Love Her Wild offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Love Her Wild, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Love Her Wild and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 7 Woodland Walk, Aldershot, HAM, GU12 4FE, United Kingdom.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at bex (at) loveherwild (dot) com.
Event Booking Terms and Conditions
Terms & conditions for Bookings
“Booking Conditions Form” means the form provided by Us to those wishing to apply for a Trip/Experience, Your signature (written or electronic) on which indicates Your intention to be bound by these Terms and Conditions.
“Booking Confirmation” means a confirmation email from Us stating that You have been accepted for a Trip/Experience subject to the provisions of Clause 2.3 below.
“Contract” means a signed Booking Conditions Form and these Terms and Conditions.
“Deposit” means the sum payable by You with the submission of Your Application Form for a Trip/Experience.
“Final Payment” means the balance of the Trip/Experience Fee after deduction of the Deposit paid.
“In-Country Coordinator” means the individual nominated by Us to manage Your Trip/Experience in-country, and to whom all issues that arise during the Trip/Experience should be addressed.
“Trip/Experience” means Your place on an activity trip organised by Us and includes accommodation, social activities and in-country support plus those specific additional items set out in the Trip/Experience description on Our website. For the avoidance of doubt a Trip/Experience does NOT include flights, insurance, visas, vaccinations, United Kingdom or foreign taxes or personal spending money. Unless stated otherwise in the Trip/Experience description, a Trip/Experience does not include internal travel within the destination country.
“Trip/Experience Fee” means the full price of the Trip/Experience as set out on the invoice in accordance with the provisions of Clause 3.2.
“Significant Change” to a Trip/Experience is defined as a change where the following occurs:
(i) Change in the duration of the Trip/Experience by any more than 1 week (excepting factors beyond Our reasonable control, as listed in Clause 4 below).
For the avoidance of doubt, Significant Change will not include changes to planned social activities, or any other event or factor beyond those specified in (i) above.
“Sub-contractor” means a third party providing goods or services in respect of Your Trip/Experience where these goods or services are a material part of the Trip/Experience as defined above and the costs for such goods or services are included within the Trip/Experience Fee.
“Third Party Supplier” means a third party providing goods or services to You through a direct contractual relationship with You.
“You” means the applicant whose name appears on the Application Form, and the terms “Your” and “Yours” shall be construed accordingly. If the applicant is under the age of 18 years at the time of application, the form must be counter signed by the applicant’s legal guardian or parent (written or electronic where appropriate). The legal guardian or parent will be bound by these Terms and Conditions and will be responsible both for the acceptance of the risks and liabilities set out herein on behalf of the applicant and for the compliance of the applicant with these Terms and
Conditions until the applicant reaches 18 years of age, after which if the applicant continues with the Trip/Experience then the applicant will be deemed to have accepted and shall be bound by these Terms and Conditions.
2 Conditions of Entry
2.1 We will endeavour to confirm or refuse Your application for a Trip/Experience within 14 working days of the receipt of Your completed Booking Conditions Form and Deposit. If You are not accepted for Your desired Trip/Experience, then We will immediately refund the Deposit that You have paid.
2.2 Your Booking Confirmation is subject to the following conditions:
(a) You shall pay the Final Payment no later than 50 days prior to Your Trip/Experience’s scheduled start-date;
(b) You shall provide Your travel details, including flight numbers, evidence of full travel and medical insurance for the duration of the Trip/Experience, and emergency contact information within the timescales specified by Us on the invoice;
(c) You shall disclose any medical conditions that may affect your full participation in any activity on Your Trip/Experience and warrant that You are medically fit to participate. If We request it, You shall undergo a full health check and produce a medical certificate in respect of such health check no later than 8 weeks prior to Your Trip/Experience’s scheduled start-date. If you have applied for a scuba Course, You shall confirm that You are medically fit to participate in such a Course by providing a dive certificate of health prepared by a qualified Doctor no later than 8 weeks prior to Your Courses’s scheduled start-date;
(d) If you have applied for a Trip/Experience where You will be working with children or other vulnerable persons then Your Trip/Experience shall be subject to acceptable references and/or a police check through an umbrella organisation registered to, and authorised by, the Criminal Records Bureau (CRB). You will be notified in advance if either or both of these are required;
(e) You shall abide by Our Code of Conduct which can be viewed at Clause 12 below and by the terms and conditions set out herein; and
(f) You shall comply with the laws, customs, foreign exchange and drug regulations of all countries visited during Your Trip/Experience. If You are found to be violating such laws and regulations or otherwise interfering with the wellbeing of other Clients, staff, or Third Party Suppliers, this will result in the In-Country Coordinator taking the action detailed in Clauses 2.3 and 10.
(g) . If you are found to have an undeclared or understated medical condition (whether physical or mental) after departure, the leader may require you to seek medical advice. If you refuse to do so, or refuse to follow such advice, the leader may require you to leave the adventure. If in the opinion of the leader your health is at risk, or you are putting the health of any other participant at risk, the leader is entitled to require you to leave the adventure, or to require that you not undertake specified activities, or to authorise your immediate evacuation and repatriation. In such circumstances, there will be no refund of the adventure cost, and we (and the leader) will accept no liability for any losses or expenses you incur. We reserve the right to recover any costs we incur, for example in connection with your evacuation and repatriation.
2.3 In the event that You do not comply with the provisions of Clause 2.2 then We may at Our discretion deem Your Trip/Experience to be terminated in accordance with the provisions of Clause 8 or offer You an alternative Trip/Experience. In the particular case of Your breach of the provisions of paragraphs (e) or (f) of Clause 2.2 then You may be required by the In-Country Coordinator to leave the Trip/Experience and, if appropriate, the country, without reimbursement of Your Trip/Experience fees.
2.4 If in the reasonable opinion of the instructor or the In-Country Coordinator Your continued participation in a particular activity or Trip/Experience may result in either personal harm to Yourself or other participants or disruption of the activity or Trip/Experience then the In-Country Coordinator may at their sole discretion instigate the Disciplinary Process as set out in Clause 10.
3 Our Programmes
3.1 You accept that any information supplied by Us regarding Trip/Experiences, including content published by third party advertisers, is provided in good faith and based on the knowledge and information available to Us prior to publication of the written material and sometimes months prior to the Trip/Experience start date. You accept that for the latest information on Trip/Experience, including Trip/Experience prices You should speak, write or email directly to Our representatives at Our office using the contact details on Our website.
3.2 Our Trip/Experience prices are set as given on the website, either on the date of Your signature on the Application Form, or no more than 5 working days before the receipt of the completed Application Form at Our Registered Office, whichever is the later. The price in force at this time shall be reflected on the invoice sent to You with Your Booking Confirmation.
3.3 Note that the price of items outside the scope of the Trip/Experience, such as visas, airfares, United Kingdom or foreign taxes or costs associated with local events and activities not included in the Trip/Experience may vary and We accept no liability for any increases in such prices.
3.4 You accept that dates for flights to and from Your Trip/Experience may fall outside of Your invoiced Trip/Experience duration. In the event that You require accommodation for days falling outside of Your Trip/Experience duration, then, provided We have sufficient accommodation available, We may offer this to You at the prevailing local rate.
3.5 We reserve the right (in very rare circumstances) to make alterations to a Trip/Experience without notice, including alterations to the itinerary. If the alterations cause a Significant Change in the structure or duration of the Trip/Experience prior to the start-date of Your Trip/Experience, You will be entitled to change Your choice of Trip/Experience, or receive a refund of the Trip/Experience Fee, if paid. This shall be the limit of Our liability in the event of a significant change to the Trip/Experience. Should the change be effected during the Trip/Experience, Our liability shall be limited to a refund of the Trip/Experience Fee pro-rata according to the percentage of the total planned Trip/Experience time that has already elapsed (for example if 50% of the Trip/Experience has taken place, then We will refund 50% of the Trip/Experience).
3.6 You shall comply with all reasonable requests of the In-Country Coordinator with respect to matters relating to the organisation of the Trip/Experience and the safety and wellbeing of Yourself and others.
3.7 You agree to abide by the Terms and Conditions of all Third Party Suppliers who may provide You with other products or services during, or in travelling to the Trip/Experience. If We have provided You with the details of such Third Party Suppliers or assisted You in procuring the services of such Third Party Suppliers this information and/or assistance is given for Your convenience only and does not constitute an endorsement of the said Third Party Supplier. We accept no liability in respect of products or services procured by You from Third Party Suppliers, such as but not restricted to, travel agents, insurance providers and local suppliers.
4.1 Nothing in this Agreement shall exclude or limit Our liability for (i) fraud or other criminal act, (ii) personal injury or death caused by the negligence of Our employees in connection with the performance of their duties hereunder or by defects in any product supplied pursuant to this Agreement, or (iii) any other liability that cannot be excluded by law.
4.2 Subject to Clause 4.1 in no event will We be liable under this Agreement for any damages resulting from: (i) cancellation of flights or costs resulting from missed flights, (ii) loss of opportunity, and/or (iii) any indirect or consequential loss. Such liability is excluded whether such damages were reasonably foreseeable or actually foreseen.
4.3 Except as provided in Clause 4.1 Our maximum aggregate liability to You for any cause whatsoever shall be for direct costs and damages only (this does not include flights, insurance, visas, vaccinations and any other elements that are outside of our control) and will be limited to a sum equivalent to 125% of the Trip/Experience Fee paid and payable by You under this Agreement.
4.4 We hereby exclude to the fullest extent permissible under the applicable law all liability that We have not expressly accepted in this Agreement. These limitations will apply regardless of the form of action, whether under statute, in contract, tort, including negligence, or any other form of action. For the purposes of this Clause 4, “We” includes Our employees, Sub-contractors, licensors and suppliers who shall therefore have the benefit of the limits and exclusions of liability set out in this Clause in terms of the Contracts (Rights of Third Parties) Act 1999.
4.5 Save as provided in Clause 4.6 You shall have no remedy in respect of any representation (whether written or oral) made to You upon which You relied in entering into this Agreement.
4.6 Nothing in this Agreement shall exclude or limit Our liability for any misrepresentation made by Us fraudulently.
4.7 We will not accept any responsibility for any illness, accident or loss, weather conditions, fire, civil or military disturbance, criminal activity, industrial action, mechanical breakdown, quarantine, border closures, government intervention or other event of force majeure where such events arise for reasons other than Our negligence. Although such circumstances are beyond our control, We shall make every effort to provide You with assistance if You are in difficulty. Should it become necessary to abandon a Trip/Experience because of such an event, We will be entitled to retain such monies received necessary to cover costs incurred.
4.8 You accept that weather conditions may prompt the cancellation of scheduled events within a Trip/Experience, and that We cannot be held responsible for such cancellations. Cancellation of events or sessions due to adverse weather conditions will be entirely at the discretion of the instructors or the In-Country Coordinator. No reimbursements will be made by Us for events or sessions lost to bad weather.
4.9 We accept no liability in respect of products or services procured by You from Third Party Suppliers or in respect of activities undertaken by You that are outside of those specified for Your Trip/Experience.
5 Health and Safety
5.1 You are advised that the host countries for Our Trip/Experiences do not supply comprehensive free health services.
5.2 Whilst We are committed to ensuring the safety of Our clients, We do not accept liability for any negligence on the part of Third Party Suppliers or any other agents used by You, which are not connected to Your Trip/Experience. Otherwise, We will provide as much assistance as is possible, whilst limiting that assistance to non- financial support. Any further help will be provided at the discretion of the In-Country Coordinator.
5.3 Should We, in case of emergency, provide You with any financial support, You are obliged to reimburse all monies given to You by Us within 6 weeks of the Trip/Experience end-date. The provision of such financial support is entirely at Our discretion.
5.4 You accept that all sports and travel carry some risk of personal injury. You have the right to refuse the taking of any risks which You believe may endanger Your health and safety, or which are not covered by Your insurance as set out in Clause 6.1 below, and You agree that We will not be held liable for any injury or damage caused to You where You have taken a risk willingly, and the injury or damage arose other than as a result of Our negligence.
5.5 You accept that the health facilities in Your Trip/Experience country may be of a lower standard to Your home country and consequently may not provide the level of treatment You expect in the case of an emergency.
6.1 You accept that it is compulsory to obtain travel insurance to cover personal accident, medical and hospital expenses and repatriation. Your insurance must cover cancellation, curtailment, repatriation, legal expenses, medical and emergency travel, personal accident, personal liability, rescue and assistance, hijack, and travel delay. You are obliged to ensure that Your policy covers all sporting activities that You may be involved in during Your Trip/Experience, which are provided by Our approved suppliers.
6.2 Your Policy cover should extend beyond the planned length of the Trip/Experience for as long as you are away from home. You acknowledge that, although We have said this is the minimal level, it still may not be adequate. We recommend that independent advice be taken.
6.3 We accept no responsibility for the loss of or damage to Your personal property unless it is caused by Our negligence, and it is recommended that You have personal insurance to cover loss of personal property by theft or accident.
6.4 You agree to indemnify Us in respect of any claim for loss or damage arising from any accident, personal injury, loss of life or damage to property caused by You during the course of the Trip/Experience.
6.5 In the event of any damage caused by You to Our property You agree to reimburse Us in respect of any such costs and damages within 8 weeks of the Trip/Experience end-date.
6.6 You are also advised to be aware of current Foreign Office travel advice in respect of countries to which You are travelling. See www.fco.gov.uk for further details.
7.1 Where a visa is required for the Trip/Experience, We can provide You with visa application forms (if You are a UK citizen), a letter of invitation where necessary and advice on filling in the necessary forms.
7.2 Please note that all visas are issued entirely at the discretion of the embassy concerned.
7.3 We are not responsible for the issue of visas. You are responsible for ensuring that Your passport, visas and any other travel documents are valid for the duration of Your Trip/Experience.
8 Cancellations and Amendments Policy
8.1 You acknowledge that Your payment for a Trip/Experience contributes to the overall costs of equipment, staff and administration, incurred by Us in planning and organising Your Trip/Experience, and that We will have incurred the largest part of Our costs on a non-recoverable basis before the Trip/Experience start-date. Therefore if Your Trip/Experience is terminated either by Us in accordance with Clause 2.3 above or by You for any reason other than Our breach of this Agreement then the deposit is non-refundable. If the termination takes place 89 and 50 days days prior to departure we shall refund to You 50% of the Trip/Experience Fee, if paid, except for the deposit amount. If the termination takes place less than 50 days prior to departure, all monies are non-refundable.
For the avoidance of doubt, in the event that You have not paid the applicable Trip/Experience Fee as at the date of termination then You shall be liable for the balance of the Trip/Experience Fee due less any amount due to be refunded.
8.2 Any request from You to amend a booking must be put in writing and sent to Our office, or that of our partner organisation operating your trip.
8.3 In the unlikely event of Us cancelling Your Trip/Experience before the specified start-date other than as a result of a force majeure event as set out in Clause 4.7 above, We will refund to You whatever portion of the Trip/Experience Fee You have paid. This will be the full extent of Our liability.
8.4 In the event of cancellation of a Trip/Experience as a result of a force majeure event as set out in Clause 4.7 above then We shall retain whatever portion of the Trip/Experience Fee paid is necessary to cover Our reasonable expenses incurred in organising the Trip/Experience and refund to You the remainder. This will be the full extent of Our liability.
8.5 If You leave Your Trip/Experience before the specified Trip/Experience end-date other than as a result of Our breach of this Agreement, no refund will be made to You.
8.6 The charges we retain are intended to cover advance payments and purchases we have made in the host country and/or with our field stations. Charges will always be applied, irrespective of the circumstances of the withdrawal. Please note that it is your responsibility to protect yourself against such charges by taking out adequate travel insurance.
8.7 If you fail to arrive at the assembly point in time and as a result miss taking part in the trip/experience, no refund or compensation will be given. No refunds will be made in respect of your contribution (or compensation in respect of any independent travel arrangements) if you leave an adventure for any reason after the adventure has begun. Once an adventure has departed, no refund or compensation will be given for any unused accommodation, travel or any other feature referred to in the itinerary.
9.1 With regard to any complaint or claim in connection with Your Trip/Experience, You agree:
9.1.1 to ensure that, at the earliest possible opportunity, any perceived failure in the performance or improper performance of the contract, whether by Us or Our Subcontractors, is communicated to the In-Country Coordinator so that Your concerns can be addressed; and
9.1.2 to notify Us in writing at Our offices as set out above with regard to any unresolved complaint or claim within 30 days of the Trip/Experience end-date, setting out:
(a) the details of Your Trip/Experience
(b) the nature of Your complaint or claim
(c) how best You feel We can resolve Your complaint or claim.
9.2 Any complaints directed against the In-Country Coordinator should be raised by phone or email directly to Us at our office.
9.3 Upon receipt of Your complaint or claim We shall investigate the details set out in Your notification and shall use Our reasonable endeavours to contact You within 14 working days of receipt of Your notification to address Your complaint or claim.
10 Disciplinary Procedures
10.1 The Disciplinary Procedure may be invoked under Clause 2.3 or Clause 2.4 at the sole discretion of the In-Country Coordinator. If at any stage You feel that this procedure is being applied unfairly or without cause, You should raise this directly with The Coordinator and, if You feel the matter has not been resolved to Your satisfaction, You may raise a complaint in accordance with Clause 9 above.
10.2 The Disciplinary Procedure is as follows (unless otherwise stated in the Code of Conduct):
(a) Upon the first incident of unacceptable behaviour or a breach of the Code of Conduct, the In-Country Coordinator shall warn You verbally that Your behaviour is unacceptable and shall explain to You the reasons for this unacceptability.
(b) If such behaviour or breach continues, the In-Country Coordinator shall provide You with a written warning, stating that any recurrence may result in You being required by the In-Country Coordinator to leave the Trip/Experience and, if appropriate, the country, without reimbursement of Your Trip/Experience fees.
(c) Upon a subsequent repeat of the unacceptable behaviour or upon a serious breach of the Code of Conduct the In-Country Coordinator may, at their sole discretion, require that You leave the Trip/Experience and, if appropriate, the country, without reimbursement of Your Trip/Experience fees.
10.3 In the event that the Disciplinary Procedure is invoked under Clause 10.2 and You are required to leave Your Trip/Experience and, if appropriate, the country, You agree to do so without causing fuss, disturbance or aggravation and at the time specified by the In-Country Coordinator.
11 Personal Data and Image Rights
11.1 In order to provide the services included within Your Trip/Experience and to meet Our obligations with respect to Your health and safety We may distribute Your personal details, including but not limited to Your name, contact address, phone number, email address, and emergency contact and/or next of kin details to Our Subcontractors who are involved in the provision of Your Trip/Experience. Some of these Sub-contractors are located in countries not regulated by equivalent provisions to those in the Data Protection Act 1998 (“the Act”) and You will not be able to rely on these provisions to ensure the security of Your personal data as defined within the Act. We shall request Our Sub-contractors to keep Your personal data confidential and to use it only for the purposes for which it is supplied and shall use Our reasonable endeavours to ensure each Sub-contractor’s compliance with this request. In submitting Your Application Form You accept that You are consenting to the transfer of Your personal data as set out in this Clause 11.1.
11.2 We may retain Your contact details after the Trip/Experience end-date, for the purpose of providing You with information regarding other products or services that may be of interest to You. If You prefer not to receive such information, please notify Us in writing or by email.
11.3 We own the copyright and all intellectual property rights in any photographic, audio or video material produced by Our employees or agents which is produced during Your Trip/Experience (the “Material”). You agree that We may use any such Material in which You appear for promotional and marketing purposes only and provided always that Our use of such Material shall not be in Our reasonable opinion defamatory or damaging to Your personal reputation. If You would prefer Us not to use such Material as described herein, please indicate this to Us in writing or by email. In the event that You believe either during or after Your Trip/Experience that some Material may be defamatory or otherwise detrimental to You, You shall notify Us in writing or by email as soon as possible and We shall use Our reasonable endeavours to withdraw any such Material already published and shall cease to use any such Material in any further marketing or other publications forthwith.
12 Code of Conduct
12.1 You understand that by undertaking a Trip/Experience arranged by Us you will be representing Us throughout the entire time you are living, working and interacting with the local community overseas. Furthermore, You will owe a duty of care to anyone who is involved with Your Trip/Experience. Therefore, You agree to abide by the following Code of Conduct during Your Trip/Experience and accept that should Your behaviour fail to comply with any of the conditions outlined below, the In-Country Coordinator reserves the right to commence the Disciplinary Procedure in accordance with the provisions of Clause 10 above which may ultimately result in the termination of Your Trip/Experience and accommodation agreement.
12.2 The Code of Conduct is as follows:
(a) You will at all times respect local attitudes, cultures and beliefs. Specifically, You will not make comments of a derisory, sexist, or racist nature to anyone during Your stay. And You will dress, speak and behave appropriately at all times.
(b) You will not act in any way that is considered to be an anti-social manner by the In-Country Coordinator or local inhabitants at any time during Your stay. You will adhere to this specifically while under the influence of alcohol.
(c) You will ensure that any equipment used by You, whether personal belongings or otherwise, are cleared away and kept tidy and orderly at all times, in both personal and communal living areas of the accommodation. You will treat Your Accommodation with respect. Failure to do so may result in You being asked to leave Your Trip/Experience.
(d) You agree to drink alcohol only in moderation throughout Your entire time abroad. The In-Country Coordinator will explain the drinking rules that apply to Your Trip/Experience when You arrive in-country and, if You are informed of any local customs by the In-Country Coordinator, for example, concerning prohibitions or limits on alcohol consumption, You will adhere to and respect those customs.
(e) You will not buy, handle or consume any illegal substance during Your stay. You understand that We have a zero-tolerance policy on this matter and anyone who is caught in possession of illegal substances or is suspected of using or handling them will be asked to leave their Trip/Experience and Accommodation immediately in accordance with the provisions of Clause 10.2(c) above.
(f) You acknowledge that We explicitly advise against You developing sexual relations with any persons in the country where You are staying and You do so at Your own risk. Specifically, You accept and understand that there may be different attitudes to sexual relations in the countries that You visit, and that this could result in danger to Yourself. You also accept that health facilities may be of a lower standard in Your Trip/Experience country and that HIV/AIDS and other sexually transmitted diseases may also be common. You acknowledge that You are aware of the risks of unplanned pregnancy, HIV/AIDS and other sexually transmitted diseases involved in unprotected sexual relations. You also acknowledge that You are aware that drugs are sometimes used in cases of rape/non-consensual sex and this may be a risk while socialising during Your Trip/Experience.
(g) You will follow the advice of the In-Country Coordinator at all times. Failure to do so may put You or others in danger and may lead to You being asked to leave Your Trip/Experience and Accommodation immediately in accordance with the provisions of Clause 10.2(c) above.
(h) You are responsible for Your health and wellbeing. You agree to deal with any medical ailment immediately and seek medical attention and the advice of Your medical assistance company, should You require it. You accept that health facilities in Your Trip/Experience country may be of a lower standard than You are used to.
(i) You will ensure that return flight date falls before the expiration of any in country visa requirement. You understand that You need to obtain Your visa (if required).
13 Agreement to Terms and Conditions
13.1 It is important that You read and understand these Terms and Conditions prior to submitting Your signed Booking Conditions Form. If You have any questions or concerns about the meaning of any item in these Terms and Conditions, You are requested to raise these with Us before submitting Your Booking Conditions Form.
14.1 This contract is subject to English law and is subject to the exclusive jurisdiction of the English Court