Your contract is with Essential Adventure Limited a company registered in England and Wales (Co.No. 05341273) whose registered office is at 11 New Orchard, South Brent, Devon TQ10 9DL
Our trading address for general correspondence is Office 22, Falcon House, Eagle Road, Plymton, PL7 5JY.
Your contract incorporates these Booking Conditions and by making a booking with us you confirm your acceptance of these Booking Conditions.
A. BOOKING AND PAYMENT
A.1. YOUR RESERVATION
A.1.1. When you make a booking and pay your deposit or full payment (as applicable), we will reserve your arrangements on the basis of these Booking Conditions. Your booking will be taken as confirmed in respect of all persons named on your booking and a binding contract between us will come into existence only when you have both paid your deposit and we have also sent to you our Written Confirmation. Our Written Confirmation may be sent by email or post. Prior to sending you a Written Confirmation, we may indicate that we have made a provisional booking for you or simply send you an acknowledgement of your proposed booking. Any such provisional booking or acknowledgement simply indicates that we have made a provisional booking which is open for acceptance for a limited period of time or are otherwise dealing with your booking request and is not a confirmation of it. If your proposed arrangements are not available then a Written Confirmation will not be issued and any deposit will be returned (unless you accept alternative arrangements that we are able to provide) unless your proposed arrangements become unavailable as a result of your failure to pay any balance of monies to us when due.
A.1.2. Prior to issuing a Written Confirmation we may agree to make a provisional booking for you upon receipt of a holding deposit. That holding deposit will be retained by us in the event of you deciding not to proceed with the booking prior to our issue of a Written Confirmation.
A.1.3. Please check your Written Confirmation together with all other documents we send you as soon as you receive them. Contact us immediately if any information which appears on the Written Confirmation or elsewhere appears to be incorrect or incomplete, as it may not be possible to make changes later. We regret we cannot accept any responsibility if we are not notified of any inaccuracies in any document within ten days of our sending it out. Whilst we will do our best to rectify any inaccuracies notified outside these time limits, you will be responsible for any costs and expenses involved in doing so except where we made the mistake and there is good reason why you did not contact us within the above time limits.
A.1.4. Any contract is with the “Lead Name” as shown on the Booking Form. We can only accept a booking if the Lead Name is at least 18 years old as at the date of issue of our Written Confirmation.
A.1.5. The Lead Name is responsible for ensuring that other members of his/her party are aware of these Booking Conditions and that they consent to him/her acting on their behalf in dealings with us.
A.2. OUR PRICE POLICY, PAYMENT TERMS AND SURCHARGES
A.2.1. We reserve the right to alter prices shown in any of our brochures or in any website or in any provisional quotation and we will inform you of any price changes prior to the issue of our Written Confirmation. Once our Written Confirmation has been issued then, save in the case of manifest error, our prices will not change unless final numbers are below or above any minimum or maximum numbers (as applicable) allowed for in respect of your booking or if single occupancy supplements have to be applied due to the numbers involved. Where we have agreed a minimum or maximum number of participants in your booked activities we shall require confirmation of final numbers at least 35 days prior to the arrangements starting.
A.2.2. When you make a provisional booking you are normally required to pay a holding deposit (see clause A.1.2). Before we are able to issue a Written Confirmation you are usually required to pay an additional deposit of 50% of the total price of your arrangements (or such other amount as we may advise at the time of making a provisional booking) which deposit is payable within 14 days of any provisional booking. For certain packages an increased deposit may be required and we will advise you of the deposit requirements at the time of booking. If your arrangements are due to commence within 35 days of your booking then the total price shall be payable at the time of booking. In any event (but subject to clause A.2.3) the balance of the total price of your arrangements must be paid at least 35 days prior to the arrangements starting. Your booking will not be confirmed until we receive your deposit and if the balance is not paid by the due date then we reserve the right to cancel your booking at any time after the due date (unless the balance is paid in the meantime) and retain any deposit.
A.2.3. Occasionally, after your booking has been accepted, we are required by our suppliers to make payments earlier than normal (eg to secure accommodation during peak periods). Whilst we will endeavour to avoid such advance charges, we reserve the right to ask you to make payments of the balance of the total price in advance of the 35 day period referred to in clause A.2.2 upon notice of not less than 7 days.
A.2.4. Where your booking is accepted on the basis of a minimum number of participants (whether for all or part of your arrangements) and such minimum number is not reached then we reserve the right to increase the price per person so that the total monies payable are no less than would be the case if the minimum numbers had been reached for the arrangements in question
A.2.5. For payment by credit card there is a surcharge of 1.75% added to cover our administration costs and the costs imposed on us by the card issuer. This will be automatically added to the amount required for payment. No charges are made for payments by debit cards, cheque or direct bank transfer.
A.2.6. We operate an individual payments system via the website, which allows individual to pay for their share of the event directly to us. This method of payment is discussed with you prior to booking and full details provided subject to you opting for this route. We may apply a 2.5% charge for using the individual payments system, due to additional administration costs associated with having to process the extra volume of payments. This fee will be added to the package cost prior to booking and will be documented in your booking confirmation email(s).
A.2.7. Late or overdue payments may attract a late payment penalty, 5% of the outstanding balance. Reasonable advanced notice will be provided at least 7 days prior to any fee's being applied to your account.
B. CHANGES AND CANCELLATION BY US
B.1. IF WE CHANGE YOUR ARRANGEMENTS BEFORE THEY START
B.1.1. We hope and expect to be able to provide you with all the services we have confirmed to you in our Written Confirmation. We plan arrangements a long time in advance using independent suppliers such as hotels, facility operators etc., over whom we have no direct control. On occasions changes do have to be made, and we reserve the right to make these. Most of these changes are minor. However, if we consider them a “Significant Change” we will endeavour to advise you as soon as reasonably possible. A Significant Change includes, purely by way of example, a change of accommodation to that of a lower category and/or price, a significant change of destination..
B.1.2. In the case of a Significant Change before your arrangements commence we will provide you with three alternatives:
In all 3 cases, compensation will be paid as detailed in clause D below unless the change occurs as a result of circumstances beyond our control where clause H.1. will apply.
B.2. IF WE CANCEL YOUR ARRANGEMENTS
B.2.1. In the unlikely event we need to cancel your arrangements we will tell you as soon as possible. However we will not cancel your arrangements less than 35 days before departure unless it is for a reason outside our control as provided in clause H.1. If we have to cancel your arrangements we will provide you with three alternatives:
In all 3 cases, compensation will be paid as detailed in clause D below unless the change occurs as a result of circumstances beyond our control (in which case clause H.1. will apply) or we cancel as a result of your failure to pay your deposit or the balance or any other sum when due or where clause B.2.2 applies.
B.2.2. We regret that some of our packages shown on our website or in our brochures or in any provisional booking can only be operated if a sufficient number of people book them. We will tell you if this is the case at the time of booking but this clause will not normally apply to private bookings where the activities in question are not shared with other parties. If there is insufficient demand, we have the right to cancel the arrangements in question. If we have to do so, we promise we will tell you no later than 35 days prior to the arrangements commencing. In this situation, you will then have the choice of the options shown in clause B.2.1 together with the option, if possible, of the same package starting on a different date. Where we cancel for lack of numbers in accordance with this clause B.2.2, no compensation or other amounts (for example, the cost of any connected travel arrangements you have made independently) will be payable.
C. CHANGES AND CANCELLATION BY YOU
C.1. IF YOU CHANGE YOUR BOOKING
C.1.1. If you want to change your arrangements in any way you must inform us in writing as soon as possible. We will try to help you, although we cannot guarantee that we will always be able to do this as changes are subject to availability at the time.
C.1.2. Where we can make a change, we will charge for any additional services, facilities, or other items changed, at the price which applies on the day the change is made. In addition, we may also apply an administration charge of a maximum of £25 per person for each item you want to change together with any further costs we incur, for example with our suppliers, in making any change.
C.1.3. Any booking discount you may have received at the time your original booking was made may be altered or reduced whenever changes are made if such discount has since been altered, reduced or withdrawn.
C.2. IF YOU CANCEL YOUR BOOKING
C.2.1. If you wish to cancel all or part of your booking, you must write to us. If some or all of your party cancel their booking or we are entitled to treat your booking as cancelled in accordance with these Booking Conditions, we will levy a cancellation charge on the scale shown in the table set out in clause D. These charges are based on the estimated cost of cancelling your arrangements and the expenses and losses we are likely to suffer if we cannot resell the package.
C.2.2. If the reason for your cancellation falls within your insurance cover, you may be able to claim a refund of your cancellation charges from the insurance company less any applicable excess.
C.2.3. If you or anyone included within your booking is unable to go for any reason, you may be able to transfer the whole booking or the place on the booking of the person(s) concerned to someone else/other people suggested by you and acceptable to us subject to the following:
C.2.4. If any person on the booking cancels and you cannot fill that person's place, you may have to pay additional supplements for your accommodation, travel or other activities.. For example, you may have to pay single or under-occupancy supplements.
C.2.5. If you do cancel, you must still pay any amendment charges which arose before the cancellation, and any deposits paid for any pre-booked items or services.
D. CHANGES AND CANCELLATION CHARGES
The following table sets out the sums normally payable to us or you in the event of Significant Changes or cancellation. These sums are not payable where we have to make a Significant Change or cancel your arrangements as a result of:-
(a) matters outside of our control when clause H.1 shall apply or
(b) where your booking was accepted “subject to availability” or similar and the arrangements are not available
PLEASE NOTE that the table below may not apply in respect of certain packages booked through us. This can arise where the requirements of our supplier mean that different rates or time limits will apply. In such circumstances we shall advise you of such different rates and time limits at the time of booking
Period before departure in which notice of cancellation or Significant Change is received
Amount you will receive from us if we make a Significant Change
Amount you will receive from us if we cancel
Cancellation Charge if you cancel
56 days or more
Return of monies paid only
The amount of all monies paid or otherwise due
36 days or more but less than 56 days
£10 per person
Return of monies paid plus £10 per person
50% of total price
35 days or less
£25 per person
Return of monies paid plus £25per person
100% of total price
NOTE “Total Price” means the total price payable by you for the arrangements excluding any fees payable for any changes made by you to your booking
E. LIMITATION OF OUR LIABILITY TO YOU
E.1. If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your arrangements. However we will not be liable where any failure in the performance of the contract is due to:
E.2. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of two times the cost of your arrangements. Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money) the maximum amount we will have to pay you is £100 per person affected as you are assumed to have taken out adequate travel insurance at the time of booking.
E.3. Our liability will also be limited in accordance with and/or in an identical manner to the contractual terms of the companies that provide the transportation or other services for your arrangements which are incorporated into and form part of your contract with us. Copies of the relevant contractual terms for our suppliers are available from us upon request either by email at firstname.lastname@example.org or by writing to us at Office 22, Falcon House, Eagle Road, Plymton PL7 5JY.
E.4. Unless otherwise expressly indicated by us in writing, activities that you may choose to book or pay for whilst you are away and which are not part of the arrangements provided by us are not our responsibility. For any such activity that you book, your contract will be with the operator of the activity and not with us. We are not responsible for the provision of such activities or for anything that happens during the course of its provision by the operator. This clause applies even where one of our representatives accompanies the relevant activity.
E.5. The provisions of clauses E.1 to E.4 inclusive are in addition to any other limitation of liability contained in these Booking Conditions
E.6. Nothing in these Booking Conditions affect any statutory rights that you may have under the relevant jurisdiction applicable pursuant to clause H.4
F. YOUR RESPONSIBILITIES
F.1. SPECIAL REQUESTS
If you have a special request, we will do our best to help, but we cannot guarantee it except as set out below. Please advise us of your request at the time of booking and make sure that we are given as much detail as possible. If your special request is vital to your arrangements, it must be specifically agreed with us before or at the time you book. We promise to comply with any special request which we have specifically agreed and confirmed in writing. General confirmation that a special request has been noted or passed on to the supplier or the inclusion of a special request on your Written Confirmation or on the acknowledgement of your booking or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed in writing all special requests are subject to availability. If any additional cost is applicable, it will either be invoiced to you or should be paid for locally.
F.2. HEALTH PRECAUTIONS
F.2.1. Some of our packages involve strenuous activities. It is your responsibility to ensure that you have the levels of fitness required for any particularly strenuous activities.
F.2.2. You must provide us with full details of any existing medical or physical problem (including unusual height or weight) or disability that may apply to any member of your group and which affect your arrangements (including, in particular, any accommodation requirements) at the time of booking. If in our reasonable opinion, your chosen arrangements are not suitable for the medical or physical problem or disability or you are not travelling with someone who can provide all assistance that may be required, we have the right to refuse to accept the booking or you may not be able to participate in certain events in which case we shall not be liable for any losses or compensation arising. If you do not give us full details of any medical or physical problem or disability at the time of booking, we can also cancel the booking when we find out the full details if in our reasonable opinion the arrangements are not suitable in the circumstances. If we cancel in this situation, cancellation charges as set out in clause D must be paid by the person concerned
F.3.1. It is your responsibility to make sure you have suitable insurance in place prior to travel. We cannot be held responsible for any costs you incur as a result of failing to have suitable insurance in place prior to travel.
F.3.2. If you participate in sports and activities whilst travelling, whether or not organised and arranged independently of us, it should be understood that participation is at the individual’s own risk and it is your responsibility to ensure that such activities are covered by your insurance policy.
F.4. BEHAVIOUR AND DAMAGE TO PROPERTY OR GOODS
You must be responsible for the behaviour of yourself and your group. We can refuse to accept you as a customer or refuse to continue dealing with you and/or any other member of your party by terminating your arrangements if behaviour is or is likely to be, in our reasonable opinion, or in the reasonable opinion of any accommodation supplier or other person in authority, disruptive, upsetting or dangerous to yourself or anyone else or if you or any member of your party have caused or are likely to cause damage to property. We will not pay any refund, compensation or other sum whatsoever or any costs or expenses incurred by you if we have to terminate your arrangements due to such unacceptable behaviour. In this situation we will then have no further responsibility for you or any other member of your party (including any return travel arrangements). Please be aware that if you have accommodation included in your package, you may be required to pay a refundable security bond on arrival. Please also note that you will be required to indemnify us upon demand in respect of any liability that we may incur with any of our suppliers or other third parties that arise from any unacceptable behaviour or as a result of any damage done (whether accidental or otherwise) to property or other goods by you or any member of your group.
F.5. ACTIVITY WAIVERS
In certain circumstances you may be asked to sign an indemnity waiver by the local supplier. If you would like full details of the waiver in advance, please request this from us. We cannot be held responsible for any supplier who will not provide a service to you should you choose not to sign the relevant waiver form and refunds will not be applicable if you have not requested to see the waiver form before booking
F.6. ACTIVITY TIMINGS AND LOCATIONS
Our itineraries are designed for you to achieve maximum enjoyment from your arrangements. The general advice and timings provided must be adhered to at all times and failure to do so may result in your group being unable to participate in particular activities. We cannot be held liable should you fail to follow our advice or adhere to our planned timings. Please note on occasion certain activities will not confirm the venue until around 1 week prior to the activity commencing and as a result your itinerary may be sent without the location and will be confirmed to you nearer to the date of the activity in question taking place.
G. IF YOU HAVE A COMPLAINT
If you have cause for complaint, you must bring it to our attention and the relevant supplier immediately. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Service Department at Office 22, Falcon House, Eagle Road, Plymton PL7 5JY or by email to email@example.com giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were away and this may affect your rights under this contract.
H.1. CHANGES DUE TO CIRCUMSTANCES BEYOND OUR CONTROL
We will not be liable to pay any compensation if we are forced to cancel or in any way change your arrangements as a result of unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even with all due care. These include unavoidable technical problems with transportation or other activity providers, civil strife, industrial disputes, natural disaster and bad weather. In particular, you should be aware that many of our activities are weather dependant and whilst we will try to give as much notice as possible, cancellation or postponement may only be confirmed on the actual day. Where adverse weather conditions exist or are forecast we will endeavour (but shall not be bound) to offer a replacement activity (subject to availability and consultation with you) or arrange the same activity on a different date.
H.2. YOUR FINANCIAL PROTECTION
This clause H.2 only applies where your booking comprises a “package” as defined in The Package Travel, Package Holidays and Package Tours Regulations 1992 (the “Regulations”). For the purposes of the Regulations a package arises where at least two out of the three following components are offered at an inclusive price:- (a) transport (b) overnight accommodation (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package.
Where your booking comprises a package then monies received from you will be placed in a trust account with Barclays Bank plc (or such other bank as we shall from time to time determine) and this trust account will be administered in accordance with the Regulations. To the extent that any monies are paid out to our suppliers in respect of your arrangements prior to such arrangements, such monies shall be protected by separate supplier failure insurance.
Further details of the way in which the trust account is operated and how monies paid to us by you are protected against the possibility of insolvency are available from us upon request either by email at firstname.lastname@example.org or by writing to us at Office 22, Falcon House, Eagle Road, Plymton PL7 5JY.
H.3. DATA PROTECTION
Information about you and members of your party, including your names, contact details and any special needs, disabilities or dietary requirements is collected by us when you request information or make a booking with us. We may disclose this information to our service providers for the purpose of providing you with your arrangements. Only information necessary for this purpose will be disclosed to them. Some information, for example relating to your religion or health, may be "sensitive personal data" within the meaning of the Data Protection Act 1998. We need this information to cater for your needs, but it is collected on condition that we have your positive consent. If you do not agree to our use of your information, we cannot accept your booking. From time to time we may contact you by post or email with information about special offers or travel packages. If you do not wish to receive such information, please notify us in writing and/or click the unsubscribe link in our emails. You have the right to ask us in writing for a data subject access request form to obtain a copy of the information which we hold about you. You will be charged a fee for this. Any request should be addressed to us at Office 22, Falcon House, Eagle Road, Plymton PL7 5JY.
H.4. JURISDICTION/GOVERNING LAW
We both agree that any dispute, claim or other matter of any description (and whether involving personal injury or not) which arises out of or in connection with your booking must be brought in the Courts of England and Wales only (unless you are a resident of Scotland or Northern Ireland in which case any proceedings must be brought in either the Courts of your own country or those of England and Wales). We both also agree that English law (and no other) will apply to your contract (unless proceedings are brought in Scotland or Northern Ireland, in which case Scottish or Northern Irish law, as applicable, will apply instead). If this provision is not acceptable to you, you must tell us at the time of booking.
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