Essential Adventure Ltd Terms & Conditions
These Terms & Conditions set out our obligations to you and your commitments to us when you make an enquiry or booking with us. These, together with the information contained in the booking confirmation letter or email, forms the basis of our contract with you.
“The Company”, “We”, “Us” or “Our” – means Essential Adventure Limited, Company number 05341273.
“Suppliers” – means any supplier of a package element, which may form part, or all, of the package.
“Lead Customer” – means the person who makes the booking on behalf of the group.
“Customer” – means any person named on the booking, or any person(s) later substituted, including the Lead Customer, including any references to “you”, “your” or “party”.
“Package Elements” – means the individual parts of your package, which are itemised in your quote or booking confirmation email, and include but are not limited to, accommodation, activities and travel.
“Package” – means any combination of package elements, which constitute a package under “The Package Travel, Package Holidays and Package Tours Regulations 1992”.
“Package Price” – means the total price of the event, calculated by multiplying the per person package price, by the total number of customers, including the lead customer.
“Event” – means the period of time in which your package is delivered, commencing at your first interaction with the package, and terminating at the end of your final interaction. For example, based on a typical 2 night weekend break, checking in at the accommodation on a Friday could be your first interaction, with the final interaction taking place after your morning activity on the Sunday.
“In Writing” – means by email or letter. “Force Majeure” - any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control or the control of the supplier concerned.
“The Website” – means www.essential-adventure.co.uk.
“The Booking” – means a provisional booking or confirmed booking.
1. General Terms
1.1. By making any enquiry with us - via the website, email, telephone or otherwise - or otherwise by agreeing
to make any type of booking(s) with us, you will have been given the opportunity to have read and
understood these Terms & Conditions, and to have done so before a contract came into force.
1.2. You agree to give authority to the Lead Customer, to manage the enquiry and the booking of the package
on your behalf, subject to these Terms & Conditions. The lead customer must be at least 18 years of age
at the time of the booking.
1.3. A contract is comes into existence between you and us as soon as your partial or full deposit has been
paid (whichever comes first).
1.4. Please contact us by writing, if you have any concerns about the Terms & Conditions, or if you feel that
this document contains any errors or omissions.
2.1. A quotation is any price for a package, which we provide to you in writing. This may be the result of an
initial telephone quotation.
2.2. Quotations will be supplied in writing by email, usually within 30 minutes of a telephone consultation, and
no later than within 24 hours of your initial enquiry, subject to you providing the required information to
enable us to provide a quotation.
2.3. If we need further information to provide a quotation, we may contact you in writing or by phone to obtain
this, which may delay the supply of your quotation(s) outlined in 2.2.
2.4. We reserve the right to makes changes to a quotation, up to the point where a deposit has been received,
where a clear pricing error can be highlighted by us.
2.5. Quotations will be deemed live (available to book at the quoted price), for the time period specified in the
written confirmation of your quotation(s). Accommodation based packages are generally live for a shorter
period thank non accommodation packages, due to availability and pricing changes.
2.6. If you wish to book a package for which the live quotation has ended, please inform us in writing or by
phone and we will provide a new live quotation. In most cases, providing the accommodation remains
available, the package price will remain the same.
2.7. A minimum number of participants may be required for us to provide a quote. This is 6 people as
standard, although we can sometimes provide events for smaller groups.
2.8. Our best prices are available to larger groups, as we are able to pass on cost savings.
2.9. Acceptance of a quotation is signified by making a provisional booking with us, either in writing, by phone,
or via your event management page on the company website.
2.10. By making an enquiry with us, you agree to receive any forms of communication(s) from your dedicated event organiser and any other member of staff at the Company, in relation to your enquiry, quotation and possible subsequent booking. In addition, we will include you in all, or some, of our future marketing communications, including postal, electronic or telephone campaigns. If you wish to unsubscribe, please put your request in writing, or use the unsubscribe link in any of our email campaigns.
3. The Provisional Booking
3.1. A provisional booking is made when the customer indicates their intent to book a package with the company. Intent can be confirmed in writing, or by phone, verbally or by text message, or via your event management page on the company website.
3.2. A booking is considered provisional where intent to book has been received, as per 2.1, but a deposit has not been paid to the company.
3.3. Provisional bookings can only be held for a limited period of time at the quoted price – the provisional booking end date - for the reasons highlighted in 1.4, and will be treated in the same way as quotations, as per 1.5.
3.4. As soon as a provisional booking is made with the company, booking confirmation will be emailed to the customer within 24 hours. The booking confirmation email will outline what steps are required to secure the booking.
4. Booking Confirmation
4.1. In order to secure the event beyond the provisional booking period, a full deposit payment is required, equal to 50% of the total package price, unless a different amount is otherwise agreed or negotiated between the company and the customer.
4.2. Until receipt of the deposit payment has been confirmed by the company, your booking will remain a provisional booking and as such, we offer no guarantees that the same package will be available to you beyond the provisional booking period.
4.3. The company may agree to reduce the deposit amount either by negotiation with the customer, or due to any promotion or special offer offered by the company.
4.4. All deposit payments are non refundable, whether you pay a partial or full deposit.
4.5. Deposit payments can be made by bank transfer (BACS), credit or debit card, cheque or cash. There is a 1.75% credit card processing fee. All other methods are free of charge.
4.6. Before you pay the partial or full deposit, please ensure that you firstly:
4.6.1. Read our Terms & Conditions in full to understand the commitment you are making.
4.6.2. Check the full details of your package itinerary on your provisional booking email, or by logging into your online event manager, and notify us if there are any inaccuracies, errors or if anything is incomplete.
5. Paying the Package Balance
5.1. The package balance is the amount calculated by subtracting the deposit payment(s) from the total package price.
5.2. The package balance is required in full, no later than 28 days before the event, unless an alternative arrangement has been otherwise agreed or negotiated with the Company.
5.3. The package balance may be paid as a lump sum by a customer, in instalments, or by utilising our individual payments solution, which is available via your online event management. There is a 2.5% charge for using the individual payments system, due to additional administration costs associated with having to process all the payments.
5.4. If you choose to pay by instalments, we will notify you of the payment plan in writing, usually an email which accompanies your booking confirmation email.
5.5. Package balance payments can be made by bank transfer (BACS), credit or debit card, cheque or cash. There is a 1.75% credit card processing fee. All other methods are free of charge.
5.6. A payment reminder will be sent 7 days in advance of each payment due date, outlining the payment date and the total amount due.
5.7. Subject to late payment of the package balance, an email will be sent to you and/or the Lead Customer, requesting immediate payment of the outstanding balance(s).
5.8. In certain circumstances, it may be possible for us to come to a special arrangement to collect payment of any outstanding balance payment. This is at our discretion and will be reviewed on a case by case basis.
5.9. Unless otherwise agreed, failure to pay the full package balance within 14 days of your event will be treated as a cancellation and as such, in accordance with section 7 of this document.
6. Changes to The Booking
6.1. The final number of participants will need to be confirmed to the Company at least 28 days (4 weeks) prior to your arrival date, unless otherwise agreed or negotiated between the company and the customer.
6.2. All quotations are provided to you based on a minimum number of participants. A reduction in the final number of participants, at any time, is likely to result in an increase in the total package price and, therefore, the price each participant is required to pay. This could be due to the increased direct cost per person of a package element, or because you are no longer eligible for a particular special offer.
6.3. In addition to the above clause, an increase in numbers could result in the opposite effect. In either case, we will notify you in writing of any change to the total package price, which you will be liable for under these Terms & Conditions.
6.4. Up until the date indicated in 6.1, changes to the booking can be made by logging in to the event management page on the company website. Login details are made available to the lead customer as soon as they register their details with the company.
6.5. We will try and comply with your request, but cannot guarantee that changes can always be made. An amendment fee will be charged to cover any additional costs which arise to us or our suppliers.
6.6. Any monies paid by, or on behalf of, participants who do not attend, will not be refunded or used to reduce the final balance. This is due to the commitment that the company needs to make to its various suppliers in advance of your event.
6.7. For example if 10 people book an event for £100 per person, a £50 deposit per person will be payable. Subsequently, if 1 person drops out within 28 days of arrival, this £50 deposit will not be refunded. The total event cost will remain at £1000, with a balance of £500 (£1000 – £500 deposit). It could therefore mean that the per person event price will rise, unless those who pull out agree to pay their individual share. In the case above, the event price could rise to £105.56 per person ((£1000-£50) / 9 remaining people).
7.1. Our cancellation policy is broken down into distinct periods. In all cases, the term refund is used to indicate the refund of monies from the total package price, regardless of the package balance at the time of cancellation:
7.1.1. Cancellation >56 days (8 weeks) before your event – a full refund will be issued.
7.1.2. Cancellation 28-56 days (4-8 weeks) – a partial 50% refund will be issued.
7.1.3. Cancellation <28 days (4 weeks) – 100% of the package balance is due, whether or not this balance has been paid in full prior to cancellation.
7.2. Cancellations may be made notified by phone or text message, but must be made formally, in writing, to be considered binding to this contract.
8. The Event
8.1. Any of the package elements which make up your package may be run by a third party supplier. For example, we buy in accommodation for all packages.
8.2. Wherever a supplier is used to deliver any package element, the company has carried out the necessary checks to ensure that the supplier is suitable and that the supplier meets the mandatory regulatory requirements, from a quality of service, legal & insurance perspective.
8.3. Events advertised by us, or quotations provided by us, to you, taking place in a particular place or destination e.g. a city or town, often include activities which require you to travel. Travel times will never exceed what we consider to be a reasonable time from your accommodation. As a consequence, we will notify you at the time of booking, in writing, if we expect your travel time to be in excess of 30 minutes for any individual package element. The time will be calculated by using the quickest route, as calculated by the ‘Get Directions’ features on the Google Maps tool (https://maps.google.co.uk/).
8.4. The package is covered by the company insurance policy, which includes £5 million public liability insurance. Full details of which may be obtained on request. Personal accident insurance is not included and we recommend taking out travel insurance before your event.
8.5. Given the strenuous nature of some of the activities that the Company offers, a general level of fitness is expected. It is your responsibility to ensure that you have the appropriate level. As such, you must notify us before making a booking, if:
8.5.1. To the best of your knowledge, you or any of the participants have any medical condition, disability or illness, regardless of whether you perceive the condition to be relevant.
8.5.2. The Company and/or its suppliers, reserve the right to refuse to provide an activity to you, if in the opinion of the Company or its suppliers, you are physically incapable of participating, or are inappropriately clothed.
8.5.3. Some of the package elements, by their nature, feature an element of risk and danger. By taking part, you acknowledge that you have fully read the package element description on our website and have sought further information where any doubt remains. In addition, you will have the opportunity to opt out of some or all of a package element on the day, if you perceive the risk or danger to be above your threshold.
8.5.4. Any suppliers we use to run package elements will be properly vetted to ensure their suitability, which includes relevant qualifications and insurance cover. We will not be held liable for any loss or injury as a result of supplier error.
8.5.5. You must ensure that you have suitable personal travel insurance to cover you against personal loss or injury. Such insurance should cover the cost of cancellation by you and/or any other participant of the event and the cost of assistance in the event of illness or accident. Ensure that your policy is suitable for the nature of the event and covers you for each package element as is required.
8.6. Equipment Requirements
8.6.1. The Company will provide you with a kit list where necessary, for any of the package elements included in your package, the provision of which is your responsibility. In the event that you fail to
provide the required equipment or clothing, the Company or its suppliers reserves the right to refuse entry to any package element, without refund.
8.6.2. All equipment, other than that which you have been requested to provide, will be provided by the Company or its Suppliers, including safety equipment and any other equipment required to run the activity.
9.1. By booking with Us, you accept responsibility for the proper conduct of yourself and all other customers attending the event, for the duration of the event. We and/or the supplier, reserve the right within our/their reasonable power, to terminate any or all of the package elements, for any person(s) attending the event, due to any form of misconduct. This could mean that the person(s) in question are excluded from all further package elements.
9.2. In addition, we accept no liability for the behaviour of other people who are not connected with your event, but who may be sharing or using the package element at the same time, and whose behaviour causes the removal or withdrawal of any of the package elements which form your event.
9.3. You agree to ensure that all participants in the event comply with the timetable all of the timings as outlined in your event itinerary. Failure to do so may result in cancellation of some, or all of your package elements.
9.4. You must ensure that you and all other customers act in a safe and responsible manner, comply with all safety procedures, listen and be present at all safety/information briefings, make sure that any equipment or site deficiencies are brought to the attention of the supervisor or manager, dress suitably for all package elements as per the kit list, and also observe and obey any laws, requests, conditions of use and any other requirements as instructed by us and/or our suppliers.
9.5. The use of drink and/or drugs prior to any instructor lead/guided activity is strictly prohibited, due to the concentration required and more often than not, the physical exertion of the activity. In fact, the use of drink and/or drugs, which results in any of the consequences laid out in this section, is strictly prohibited.
9.6. In any case of misconduct, we will not be liable for any refund, compensation, expenses, or any costs incurred, as a result of the termination of any or all of the package elements.
9.7. Full payment (an amount which may be estimated if an exact figure is unknown) is required immediately for any damage caused by you or another customer, which must be made directly to us or the supplier of the package element(s).
9.8. You will also be responsible for meeting any claims subsequently made against us as a result of your actions, including all costs incurred, whether legal or otherwise.
9.9. The Company reserves the right to pass on your details to any of our suppliers, or debt recovery agency, to enable them/us to reclaim any monies owed.
9.10. You must ensure that you have appropriate travel insurance to cover you if a situation arises.
10. Alterations To The Package
10.1. As part of our contractual obligation to you, the Company will always implement all reasonable steps to ensure that the planned event itinerary runs according to schedule. This is made possible due to a rigorous event planning system and years of experience.
10.2. Sometimes however, an event is unfortunately influenced by factors outside of our control, which prevents the event from running to plan. Force Majeure is the term we use to classify this.
10.3. Occasionally an error might be made on our part. If, for any reason any employee of the company has been negligent in their duty, which leads to an error, we will be fully liable for this.
10.4. You will be notified of the requirement for any alterations to the package immediately as we are made aware, by telephone or email, and this will be confirmed in writing.
10.5. The company will take all reasonable steps to ensure that an adequate solution is found for your event, by ensuring that the package element(s) in question are:
10.5.1. Replaced with a direct replacement.
10.5.2. Replaced with a substitute package element, at least equivalent to the same or similar value or standard.
10.6. In the unfortunate event that we are unable to replace one or more package element(s), either due to your disapproval, or the lack of an available replacement, we will either issue:
10.6.1. A full refund for the package element in question, not to exceed the value of each individual package element.
10.6.2. A partial refund to compensate you for the lesser value or standard.
11. Information Supplied By Us
11.1. All information on our website, quotations, or any other correspondence between You and Us, whether written or otherwise, is published or delivered in good faith. However, errors can sometimes occur. We accept no liability for errors, unless it can be proven that any employee of the company has been neglectful in their role. By neglectful, we mean that due company processes were not adhered to. We will endeavour to correct any error(s) promptly, as soon as they have been bought to our attention.
11.2. We reserve the right to use images on our website, or in other communications to you, which may or may not represent the exact package element. What we mean by this is that images are sometimes selected and used for illustrative purposes, and are not necessarily those of the actual venue(s). The written descriptions will however be true and accurate of each individual package element.
12. Supplier Terms & Conditions
12.1. Many of the services which constitute package elements in the contract between you and us are delivered by our suppliers, who may have their own terms and conditions. These documents will be made available to you prior to your event, to ensure that you comply with them.
13. Complaints Procedure
13.1. If you are unhappy with any element of your event, you should notify us and/or the supplier immediately. If the problem cannot be resolved at the time, you must contact us as soon as possible to notify us of the problem. We require all complaints to be made in writing, within 7 days of your event end date.
13.2. When you make a complaint to us, ensure that your points are made clearly and provide as much supportive evidence as possible to support your case. It is highly unlikely that we can take any action against our suppliers, or provide compensation for any complaint caused by negligence of our employees, unless we are in receipt of satisfactory evidence that provides proof to support the complaint.
14. Law & Jurisdiction
14.1. This Agreement and all matters arising out of it shall be construed and governed according to English law and shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
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