bookings and refunds terms and conditions
Please read through carefully
These are Unique Expeditions (‘the Company’, “we”, “us” and “our”) terms and conditions which you are agreeing to by making any payment to us. Please do not make a payment if you do not agree to these terms. You are advised to read them and print them off for reference.
Unique Expeditions and its partner organisations Elective Expeditions and Gap Year Expeditions accept bookings subject to the following conditions. Except where expressly stated, these conditions only apply to trip arrangements booked by the client with the Company and which the Company agrees to make, provide or perform (as applicable) as part of their contract with the client. All references in these conditions to “trip”, “course”, “trip”, “booking”, “contract” or “arrangements” mean such trip arrangements unless otherwise stated.
The contract is between the Company and the client (“the client” and “you” in these conditions), being any person travelling or intending to travel on a trip operated by the Company including any person who is added or substituted after booking. We both agree that English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with by the Courts of England, Wales, Scotland and Northern Island only. No employee of the Company other than a director has authority to vary or omit any of these terms. No promise of a discount or refund will be binding on us unless confirmed by us in writing.
Deposit payments are wholly non-refundable at any time. If you become unable to attend a course The Company may, at our digression, allow you to transfer the monies paid to another course or trip. When a balance payment is due, The Company will email you to secure a payment in good time. If you do not make a timely balance payment or contact with The Company after we have sent you multiple reminders, your course place can be cancelled without warning and your deposit will be forfeited. This is more likely to happen if there is a waiting list for that course.
To secure a booking, the Company or their authorised travel agent must receive payment of the minimum deposit of £300 of the total trip price, per person, (or full payment if booking within 90 days of the start of your trip). The applicable deposit will be confirmed at the time of booking. All clients (including anyone who is added or substituted at a later date), whether booking in person, by telephone, via our website, by e-mail or any other means, will be deemed to have agreed to the following four conditions:
a) they have read and accepted our booking conditions and general information pages, contained on our website.
b) they appreciate and accept the risks involved in adventure travel.
c) they do not suffer from any pre-existing medical condition or disability which may prevent them from actively participating in the trip – if any person suffers from any medical condition or disability which will or may affect their trip arrangements, please contact us before making your booking.
d) the person making the booking warrants that he/she is at least 18 years old and has full authority to enter into a contract on the basis of these conditions on behalf of all persons named on the booking and confirms that all such persons are fully aware of and accept these conditions.
If you book via our website, we will communicate with you by e-mail. You must accordingly check your e-mails on a regular basis. We may also contact you by telephone and/or post if we cannot, for whatever reason, contact you by e-mail. Certain documents may need to be sent by post. You must contact us by e-mail if you need to do so for any of the reasons mentioned in these booking conditions (for example, to request an amendment).
The balance of all monies due must be received by the Company or their authorised travel agent not later than 90 days before the start of your course or trip. For certain trips, full payment must be received at an earlier stage before the start of your trip. You will be advised at the time of booking when this is the case. In the case of non-payment of the balance by the due date, the Company reserves the right to treat your booking as cancelled and cancellation charges will apply. You can pay the deposit and full amount by cheque, credit or debit card. We accept Visa, Mastercard, Maestro/Solo. Credit card fees do not apply for any payments.
CHANGING OR CANCELLING YOUR BOOKING
You cannot cancel your booking at any time. Deposits and payments are non-refundable however bookings can be transferred to another trip or suitable person up to 90 days prior to departure according to these terms:
a) An administration fee of £75 per booking plus any additional costs or charges incurred by us or incurred or imposed by any of our suppliers will be charged if a confirmed booking is changed or transferred to a different departure date or trip, up to 90 days prior to departure. Thereafter all changes will be treated as cancellations and subject to the condition c) below. Changes are subject to availability.
b) If a client is unable to travel, in circumstances which the Company considers reasonable, the booking or that client’s place on the booking may be transferred to another suitable person (introduced by you). However, the trip arrangements must remain the same as originally booked. If a transfer can be made, an administration charge of £75 per person transferring his/her place if the Company is advised up to your balance due date, after your balance due date it is not possible to transfer a client’s place to another suitable person.
c) Within 90 days of departure your booking cannot be changed or transferred. Monies paid are non-refundable.
Should the client have a complaint about any of their trip arrangements, the client must tell both the relevant supplier and the Company’s representative at the time. It is only if the Company and the relevant supplier know about problems that there will be the opportunity to put things right. Failure to complain on the spot may result in the client’s ability to claim compensation, if applicable, from the Company being extinguished or at least reduced. If the client’s complaint cannot be resolved on trip they should notify the Company in writing within 28 days of their return from trip.
PASSPORTS, VISAS AND VACCINATIONS
Clients are responsible for arranging, and must be in possession of, a valid, acceptable passport and any visas and vaccination certificates required for the whole of their journey and trip. Information about these matters or related items (climate, clothing, baggage, personal gear etc) is given in good faith but without responsibility on the part of the Company. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
TRAVEL AND CANCELLATION INSURANCE
Travel Insurance is mandatory for all clients whilst on a trip organised by the Company. Clients together with their personal property including baggage are at all times solely at their own risk. Clients are wholly responsible for arranging their own insurance. Clients not taking out the Company’s specially arranged travel/cancellation insurance are responsible for ensuring that they have alternative personal travel insurance with protection for the full duration of the trip in respect of at least medical expenses, injury, death, repatriation, cancellation and curtailment, with adequate and appropriate cover. Clients making their own arrangements should ensure that there are no exclusion clauses limiting or excluding protection for the type of activities included in their trip. Clients should satisfy themselves that all travel insurance purchased meets their particular requirements and should arrange supplementary insurance if need be.
TRIP PARTICIPATION AND CLIENT RESPONSIBILITY
Clients must provide any information we ask for in good time and are responsible for providing accurate information to the Company. This includes the customer information form that all clients are asked to complete prior to their adventure. The Company will not accept responsibility for any problems or additional costs that arise from inaccurate information provided by the Client. Clients agree to accept the authority and decisions of the Company’s employees, trip leaders, fixers, agents and guides whilst on trip with the Company. If in the opinion of any such person(s) or any other person in a position of authority (such as the trip leader), the health, level of fitness or conduct of a client at any time before or during a trip is endangering or appears likely to endanger the health or wellbeing of the client or any third party (including any other clients of the Company) or the safe, comfortable or happy progress of the trip, the client may be excluded from all or part of the trip without refund or recompense. Where a client is excluded, the Company will have no further responsibility towards them (including any return travel arrangements) and we will not meet any expenses or costs incurred as a result of the exclusion. In the case of ill health, the Company may make such arrangements as it sees fit and recover the costs thereof from the client. If a client commits an illegal act (including, for example, causing any damage) the client may be excluded from the trip and the Company shall cease to have responsibility to/for them as above. No refund will be given for any unused services. When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises. Any clients who have taken part in rascist / offensive / abusive or any other form of discriminatory behavior to clients, guides, or any other people associated with a trip will be excluded from the trip and will receive a zero refund for any missed services or accommodation.
If you have any medical condition or disability which may affect your active participation in your trip or the trip arrangements of any other person or have any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the proposed trip and/or making the booking. In any event, you must give us full details at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your active participation in your trip or the trip arrangements of any other person develops after your booking has been confirmed.
If a client deviates from the itinerary, The Company will hold no responsibility financial or moral for that client. The client will not receive a refund on any missed services or accommodation during the remainder of the trip.
IF WE CHANGE YOUR TRIP
While the Company will do its best to operate all trips as advertised, it reserves the right to change and correct errors in any of the facilities, services, prices or itineraries described in this brochure and/or on our the website at any time before or after your booking is confirmed.
Most changes are minor. Occasionally, we have to make a significant change. If a significant change has to be made, the Company will inform the client as soon as reasonably possible, if there is time before departure.
IF WE CANCEL YOUR TRIP
The Company reserves the right to cancel a trip in any circumstances but will not cancel a trip less than 6 weeks before the start of the trip except for force majeure (see below), or the client’s failure to make all payments (including the final balance and any surcharge) when due. Please note, except for “Guaranteed Departures”, our trips require a minimum number of participants to enable us to operate them. If any trip does not have the minimum number of participants required to make it commercially viable, we are entitled to cancel it. We will notify you or your travel agent of cancellation for this reason not less than 4 weeks before the start of your trip.
If we have to cancel, we will tell you as soon as possible. If there is time to do so before departure and the cancellation does not result from your failure to pay, we will offer you the choice of purchasing an alternative trip offered as a result of consolidation or another available trip from the Company (in either case, paying or receiving a refund in respect of any difference in price) or receiving a full refund of all monies paid to us excluding Annual Insurance premiums if applicable. We regret we cannot meet any visa, vaccination or similar costs in the event of any change or cancellation by us.
Except where otherwise expressly stated in these conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any injury, damage, loss or expense of any nature as a result of “force majeure”. In these conditions, “force majeure” means 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 whether actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, disease, fire and all similar events outside our control.
OUR RESPONSIBILITY FOR YOUR TRIP
Bookings are accepted on the understanding that clients appreciate and accept the possible risks inherent in adventure travel and that they undertake the trips, treks or expeditions featured in our programme at their own volition.
(1) We promise to make sure that the trip arrangements we have agreed to make, perform or provide, as applicable, as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these conditions and the other information which forms part of your contract with us, we will accept responsibility if your contracted trip arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted trip arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
(2) We will not be responsible for any injury, illness, death, loss (including loss possessions and loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: –
the act(s) and/or omission(s) of the client(s) affected or any member(s) of their party or
the act(s) and/or omission(s) of a third party not connected with the provision of your trip and which were unforeseeable or unavoidable or
(3) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which any supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract. Any optional excursions or activities booked during your holiday do not form part of our contract as these are all arranged for you directly by the suppliers concerned. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. Please bear in mind that standards of, for example, safety, hygiene, and quality may vary throughout the destinations, services and transport your trip involves and may be lower than or different to those applicable in the UK. If the particular services which gave rise to the claim or complaint complied with the local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the trip in question.
(5) As set out in these conditions, we limit the maximum amount we may have to pay you for any claims you may make against us. We do not, however, limit or exclude our liability for death or personal injury caused by the negligence of ourselves or our employees (providing they were at the time acting within the course of their employment).
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 £300 per person affected unless a different limitation applies to your claim. You must ensure you have appropriate travel insurance to protect your personal belongings.
For all other claims which do not involve death or personal injury, if we are found liable to you on any basis, the maximum amount we will have to pay you is the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your trip.
(6) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any expenses or losses incurred by or relating to any business including self-employed loss of earnings.
(7) You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.
We emphasise the importance of making a booking at the earliest opportunity, because of the popularity of our trips.
For bookings received within 6 weeks of the start of your trip (or at an earlier stage for certain trips), we reserve the right to pass on any extra costs incurred.
For bookings received within 6 weeks of your trip (or at an earlier stage for certain trips), the contract between the Company and the client comes into existence as soon as full payment has been received by the Company or our authorised travel agent. Late bookings or last space bookings are required to wait till they get written confirmation of the trip being available before booking flights and other additional costs that the client may wish to pay for in order to partake in the trip in case there is an error on our website.
WEBSITE & ADVERTISING MATERIAL ACCURACY
The information contained in our brochure, on our website and in our other advertising material is believed correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur, especially with regards to exchange rates and information may subsequently change. You must therefore ensure you check all details of your chosen trip (including the price) with us or your travel agent at the time of booking.
Unfortunately due to the nature of these trips and insurance restrictions we cannot accommodate anyone under the age of 18.
Issue date: February 2019