Terms and conditions for 20days
All events either UK based or overseas
1. Brochure and website descriptions and prices
All descriptions and illustrations on the 20DAYS website represent the general idea of what 20DAYS has to offer and other related experiences. All information, prices and claims are correct to the best of our knowledge at the time of printing or publishing. We reserve the right to amend the information or prices relating to the products on the website without notice.
2. Supply of Experience
We plan arrangements for your experience/holiday many weeks in advance. Very occasionally changes may be made and we reserve the right to do so. This may involve having to reschedule the timing and/or location of an event, possibly at short notice, owing to availability, booking numbers, safety or other factors beyond our control. Similarly, we reserve the right to withdraw supply of a 20DAYS event without notice. We will try to provide an alternative wherever possible. In the unlikely event that a suitable alternative cannot be found, a full refund will be available.
3. How to book
Please note that the contents of our web site are aimed only at users aged 18 and above, and you must be 18 years or over to make a booking with us. 20Days reserve the right to refuse any booking. The person making the booking guarantees payment of the total amount due on behalf and with the consent of all other persons who are party to the booking.
Once you have chosen the package holiday/event you wish to book please follow the instructions on our website. If you have any questions please contact the office via email or phone and our staff will be delighted to answer any questions you may have. PLEASE NOTE THAT IT IS YOUR RESPONSIBILTY TO READ THESE BOOKING CONDTIONS BEFORE MAKING A BOOKING. By making a booking we presume that you have read, understood and agree to be bound by the booking conditions. When making a booking with us, the party leader guarantees that he/she has the authority to accept on behalf of his/her party members these booking conditions. Please check any documentation carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later.
4. Conditions of suppliers
All of the services which make up your package holiday and some of the services that make up events are provided by independent suppliers. We act as the booking agent for the suppliers of the component parts of the holiday we advertise, and as such, bookings for their services will form a direct contract between you and the relevant supplier, and will be subject to that suppliers standard terms and conditions which can be found on either our website or theirs. By making a booking we presume that you have read, understood and agree to be bound by the booking conditions.
5. Our liability to you for package holidays.
We act as agents for the suppliers of the package holidays we offer. When making your holiday arrangements, we do so as agents for the suppliers of the particular holiday. Therefore once payment has been made all responsibility lies with the supplier of the package holiday. Our liability to you is restricted only to events arising from our own negligence.
6. Liability for non-package holidays
We promise to use reasonable skill and care in the performance of our contractual obligations subject to and in accordance with these Booking Conditions. Our contractual obligations consist of using our reasonable skill and care in making your booking and arranging your accommodation/car hire/flight, entertainment or activity as well as using our reasonable skill and care to choosing our providers. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim. We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which does not result from any failure to use reasonable skill and care as referred to in clause
Please also note, we cannot accept responsibility for any services which do not form part of our responsibilities. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised on our website and we have not agreed to arrange them for you. This also includes any excursion or activity you book or purchase locally in resort.
You must take all necessary steps to safeguard your personal property. No liability is accepted by us in respect of damage to or loss of your personal property.
7. ‘Force majeure’
Except where otherwise expressly stated in these booking 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 damage or loss as a result of ‘force majeure’. In these booking terms and conditions ‘force majeure’ means any event which we or the supplier of the service(s) in question could not, even with all due care, foreseen 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.
8. Passports, visas and health requirements
British citizens require a full ten year British passport valid for at least six months after the end date of the holiday. If you or any member of your party is not a British citizen or holds a non British passport you must check passport and visa requirements with the Embassy or Consulate of the country (ies) to or through which you are intending to travel. 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 correct 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.
Information on health is contained in the Department of Health leaflet T6 (Health advice for Travellers) available from your local Department of Health office and most Post Offices. For European holidays you should obtain an EHIC (European Health Insurance Card) prior to departure. NB this card replaced the E11.
9. Special requests and Medical Problems
Please let us know any special requests you may have at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier concerned we regret we cannot guarantee any request will be met. Failure to meet a special request will not constitute a breach of your contract with us or with our supplier.
If you or any member of your party has any medical problem or disability which may affect your arrangement, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking. If we or the supplier of the service in question reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or if full details are not given at the time of booking cancel when we become aware of these details.
10. Travel insurance
It is a condition of booking with every supplier that you are in receipt of travel insurance which will cover you against unexpected cancellation charges prior to departure and events which may arise during your holiday. It is your responsibility to ensure that the insurance cover your purchase is adequate for your particular needs.
11. Services in resort
Local services such as resort shuttle buses are run by local companies which are unconnected with us or the providers of the accommodation we feature and as such we have no control over them. These do not form part of any contract you have with us and we have no liability whatsoever for these.
12. Safety standards
Please note it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may sometimes be lower.
Behaviour
We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of your supplier or any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
13. Delay
We regret that we are not in a position to offer you any assistance in the event of a delay at your outward point of departure. However the individual supplier through whom your travel has been booked may be able to do so.
Denied Boarding
Where a flight reservation is downgraded or a flight is cancelled, delayed, or boarding is denied in circumstances that would entitle you to compensation under the Denied Boarding Regulations 2004, then you must claim the appropriate sums directly from the airline. Any sums received by you in this respect represent the full amount of your entitlement to compensation for all matters which fall within the scope of the Denied Boarding Regulations.
14. Prevented from travelling
If any member of your party is prevented from travelling, that person may transfer their place to someone else (introduced by you) providing we are notified within the timeframe of amending travel documents.
15. Booking alterations
Should you wish to make any changes to or cancel any part of your confirmed holiday, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can, a minimum amendment fee of £25 per person/per booking will be payable together with any cost incurred by ourselves and any costs or charges incurred or imposed by the suppliers. It should be noted that once booked any change to any arrangements you may have made (eg-flights, trains, accommodation, ferries, ski hire and ski passes etc) could make you liable to pay 100% of the cost of those arrangements again for any change made. If you should lose your tickets (and you have purchased these arrangements from us) we will contact the individual supplier and the relevant cost will be payable by you. We cannot control or prevent changes being made by our suppliers.
16. Complaints
In the unlikely event of a complaint arising, the hospitality staff will endeavour to put things right immediately. If your complaint cannot be resolved immediately, please inform us of any complaint you may have relating to any of our Experiences in writing to our Customer Services Department. We will seek to intervene with your supplier on your behalf. We are always looking to improve upon the service we offer. If you have any thoughts of improvements, please write to our Customer Services Department.
17. Refunds
We are only able to offer refunds when customers are legally entitled.
18. Cancellation
Should you or any member of your party have to cancel their booking, 20DAYS must be notified immediately in writing. Your booking can be cancelled subject to payment of the cancellation charges which will be levied by the suppliers. Please see the relevant suppliers terms and conditions for their full force and effect.
Refunds are not usual behaviour however the decision is at the discretion of the Director.
Data Protection:
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to use the information you provide such as name, address and any special requirements. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to relevant suppliers of your travel arrangements such as airlines, hotels and transport companies. The information may also be provided to security or credit checking agencies, public authorities such as immigration if required by them or as required by law. Additionally where your holiday is outside the European Economic Area, controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not, however, pass any information onto any person not responsible for part of your travel arrangements. This applies to sensitive information that you give us such as details of any disabilities/religious requirements. In making this booking you consent to this information being passed on to the relevant person(s). We will confirm the details we hold about you on request.
Marketing:
We do not share any information with third parties, but we would like to hold your information, where collected by us for our own future promotional purposes. If you do not wish to receive such information in the future please inform us as soon as possible.
Jurisdiction:
This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so.
Waiver part
20days Ltd (registration of company) reserves the right to accept or kindly decline the application of a journey participant at any time, to make changes in the itinerary whenever reputed necessary for the comfort, convenience and safety to all participants and to cancel a trip at any time. In the event that a journey is cancelled by us, 20days Ltd shall have no responsibility beyond the refund of money paid by the participant.
By registering the participant agrees that 20days Ltd shall not be liable for any delay, change in schedule including, delays, rescheduling and or cancellations of flights (for which relevant insurance cover must be arranged before the trip and relevant claim forwarded to your insurance company), loss, damage or injury to property or persons including death or expenses occasioned by any act or omission by any supplier providing services to any program participant.
The undersigned must be in a physical and mental condition appropriate to the activity. He/she must acknowledge all the potential physical and mental risks involved and agree to participate at his/her own risk. The responsibility remains entirely with the undersigned.
Active Adventures Terms and Conditions
Page 1 of 5 – Overview
This overview page is designed to give you information at
a glance. The contract between us is written below in
detail. Therefore, this overview section (page 1 of 5) is at
best a rough guide.
Active Adventures Email and Phone Quotes
Any prices we give you for our products and services may
change at any time BEFORE you provide us with your
credit card details or debit card details, or before we
receive payment from you. If you pay your balance by
credit card, you will be charged 2% of the balance
payment. There will be no increase for paying your
deposit by credit card.
Activity schedules
The schedule of your activities on holiday may change at
any time due to unforeseen circumstances such as the
local weather conditions.
Cancellations
If you wish to cancel your holiday, your deposit is nonrefundable,
and you may be charged more than your
deposit should you cancel your holiday within 49 days of
your departure date.
If pre-booked activities are cancelled at any time by Active
Adventures, or any of our suppliers due to unfavourable
or potentially dangerous weather conditions, you may be
issued with a credit voucher for those activities.
Purchasing your holiday
The Active Adventures contract with you begins from the
moment we accept payment from you.
Flight changes
If you receive any changes to your flight details directly
from the flight company you will be flying with, you must
inform us immediately by email or in writing of those flight
changes to ensure we meet you at the airport on time.
Medical conditions
Certain activities require you to be medically fit to take
part. Should you have any medical condition that might
affect your ability to take part in an activity you wish to
book with us, you must inform us immediately. If you fail
to disclose information about a medical condition you
have (in particular, but not limited to, asthma, high blood
pressure, recent surgery, epilepsy, seizures, diabetes,
heart problems, recent or old injuries, allergies, black
outs, fainting, severe motion sickness, sinus surgery,
previous head injuries, hernia, ulcers, mental or
behavioural health problems and chest problems), your
participation in some activities may be refused and/or you
may be asked to provide an acceptable medical certificate
from a doctor. If so, we cannot be liable to you in any
way, whether to provide you with compensation of any
sort or to meet the doctor’s fees or otherwise.
Misbehaviour
Our staff, employees, suppliers, subcontractors and
agents reserve the right to refuse your participation in an
activity (with no compensation whatsoever and without
any liability on our part), should they consider you to be a
potential danger to yourself, other people or property.
Such cases may include, but are not limited to,
drunkenness, abusive and / or aggressive behaviour.
Money Back Guarantee Packages
Our Money Back Guarantee Packages have specific
terms and conditions which can be found on page 5. The
money back guarantee is limited to the activity cost of
your holiday and subject to the ‘encounter’ rules. You will
probably incur local permit or transportation fees that are
non refundable in order to complete the activities in the
required locations that enable us to provide you with an
‘encounter’.
This page contains a rough guide in order to give you
an overview. Should any of the content of this overview
conflict with pages 2, 3, 4 and 5 or be misinterpreted, then
pages 2, 3, 4 and 5 will rule.
We wish you a super holiday with us.
Active Adventures Terms and Conditions
Page 2 of 5
Introduction – Active Adventures Limited ("the Company") gives notice
that these terms and conditions together with your invoice comprise the
agreement between the Company and those names listed in our electronic
booking system that are connected with your booking reference as shown
on your receipt of payment (together, “the Terms and Conditions”), are the
only terms and conditions of our contract with you. Please note that our
obligations to you will differ in relation to the “sale” portion of your contact
with us (as defined below), the "package" portion of your holiday (as
defined below), and the flight. Our differing obligations are set out below,
in four separate sections:
Section A contains the conditions which apply to the quotes we provide to
you during the “sale” part of your holiday. The sale part is defined as the
moment from which you contact us by any means, with an enquiry for
further information about our products and services, up to the point you
provide payment details (such as credit or debit card information, or cash,
a bank transfer or a cheque is received by us).
Section B contains the conditions, which will apply to the "package"
portion of your holiday.
Section C those which will apply to your flight.
Section D contains the conditions which will apply to both packages and
flights. The "package" is the part of the holiday consisting of the
arrangements you book through us for your accommodation, sports guide,
daily instruction, general sporting activities, airport transfers along with any
and all other transport, not including flights. If flights are purchased
through us, your invoice will be for the “package” section of your holiday,
and for the flight transport, and will be an ATOL invoice. The contract
between us, or, in the case of flights, between you and the relevant ATOL
Holder providing the flight, is deemed to have been made when we accept
your payment. No representative of the company has the right verbally to
vary these terms and conditions or the information within this brochure, or
to enter within verbal agreements with customers of the Company. Please
note that by instructing a bank to make your payment,, by making a
payment or by providing us with your payment details these constitute
acceptance of terms and conditions.
SECTION A – QUOTES
We reserve the right to change any quote provided by the Company, at any time.
Changes to the quoted price - Any prices quoted by the Company can change,
without prior notice. Any prices quoted by any and all means, including email, post, in
person or over the telephone for any products or services provided by the Company,
can change at any time without prior notification.
Availability of quoted products or services - The Company cannot guarantee any
holiday we have quoted you is available at the time you choose to book your holiday.
Availability for our products and services does change daily. Availability for a quoted
Active Adventures holiday, and its connected activities, accommodation, flights and
any other products or services, whether received by the customer over the telephone,
post, in person or via email, is subject to availability, which can change at any time.
The services or products quote for by Active Adventures may not be available at the
time of booking.
Confirmation of legal contract - By replying to an Active Adventures quote email,
which is defined as any email sent by Active Adventures with the intention of providing
information about our products and services to aid our marketing and sales process,
the recipient of the quote email (and the person(s) replying to the quote email) fully
accept, without prejudice or reservation, Section A of the Active Adventures Terms and
Conditions.
SECTION B - PACKAGE BOOKINGS
Alterations of activities by the Company due to weather conditions etc – It is our
professional responsibility to cancel activities, whether pre-booked as part of a
package, or booked on location, if we deem the weather or other environmental factors
to be potentially dangerous. In such a case, we will issue you with a credit voucher for
each activity cancelled; entitling you to enjoy the activity you missed anytime in the
future within one year from the date of the booking of the cancelled activity.
Alterations by the Company in General - We reserve the right to make changes to
your holiday arrangements after you have confirmed the booking by providing your
payment details. Providing your payment details is defined as providing the Company
with your credit or
Debit card information, or receipt by the Company of cash, a cheque or bank transfer
from you. If we have to alter your booking before departure, any alteration will either be
major or minor. Where an alteration is minor, we will, if practicable, advise you before
departure, but we are not obliged to do so or to pay you compensation. A minor
alteration is any alteration apart from a major alteration as defined below. When an
alteration is a major alteration (and a major alteration is an alteration which involves a
change to accommodation of a lower rating, or a significant change to more than half of
all activities, in either case for the whole duration of your holiday and for reasons other
than those outside of our control (for example, because of weather conditions or other
environmental factors), we will advise you as soon as is reasonably possible. You will
then have the choice of accepting the alteration, taking an alternative holiday (and
where this is of a lower price, we will refund the difference), or withdrawing from the
contract and accepting a full refund of all monies paid. In addition, in appropriate cases
and in our absolute discretion only, we will pay you compensation of an amount, which
is reasonable taking into account all the circumstances (and assuming that your full
balance has been paid). In the unlikely event that we become unable to provide a
significant proportion of the services you have booked after you depart, we will make
alternative arrangements for you to continue your holiday at no extra charge, or, if this
is impossible, or you do not accept these alternative arrangements for a good reason,
we will provide you with transport back to your point of departure. In addition we will
pay you compensation of an amount, which is in our view reasonable taking into
account all the circumstances. Compensation will not be considered appropriate in
cases where a major change has to be made as a result of force majeure (as defined
above).
Cancellation by the Company - The Company reserves the right in any
circumstances to cancel your holiday. If we have to cancel your holiday, you will have
the choice of taking an alternative holiday if we are able to offer one (and where this is
of a lower price, we will refund the difference, but where it is of a higher price, you
must pay the difference), or withdrawing from the contract and accepting a full refund
of all monies paid. In addition, in appropriate cases, and where such cancellation is not
due to force majeure as defined below, we will pay you compensation, which is
reasonable taking into account all the circumstances. Force majeure is the occurrence
of unusual and unforeseeable circumstances beyond our control, the consequences of
which we could not avoid, examples of which are war or threat of war, riots, civil strife,
terrorist activity, industrial disputes, natural or nuclear disaster, fire or adverse weather
conditions, level of water in rivers or other similar events beyond our control.
Transfer of Bookings - You may change your booking up to 30 days before departure
by transferring it to another person if you are unavoidably prevented from travelling, but
any costs associated with such a transfer (e.g. changing or cancelling or buying flights)
are your responsibility, and the transferee must meet any conditions which may apply
to the holiday. The right to transfer is subject to payment of an administration fee of
£40 per person, together with all additional charges of whatever sort imposed by the
suppliers providing the component parts of the package. It is subject also to payment of
the appropriate holiday insurance premium, if applicable.
Surcharges - We reserve the right to charge 2% of the balance payment of your
holiday, or where the holiday package is paid in full the balance payment is 80% of the
full holiday package price should you wish to pay by credit card. We reserve the right to
vary the price of your holiday in relation to changes in transportation costs, including
the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or
embarkation or disembarkation fees at ports or airports, or the exchange rates applied
to the particular package. We will not vary the price of your holiday less than 30 days
before your departure date, but if variations occur before that time, we will absorb or
retain an amount up to the first 2% (excluding insurance premiums and any
amendment charges) of your invoiced holiday cost. For variations greater than 2%, we
will still absorb the first 2% in the case of increases, but will not retain it from refunds.
Where a surcharge or refund is payable, there will be an administration fee of £10 per
person together with an amount to cover agents' commission. If we impose a
surcharge which means paying more than 10% of your holiday price, you will be
entitled to cancel your holiday with a full refund of all monies paid to us except for any
premium paid for insurance and amendment charges. Should you decide to cancel
because of this, you must exercise your right to do so within 14 days of the date of our
surcharge invoice.
Our Liability - (i) Our obligations, and those of our suppliers providing any service or
facility included in your holiday, are to take reasonable skill and care to arrange for the
provision of such services and facilities and, where we or our supplier is actually
providing the service or facility, to provide them and to do so with reasonable skill and
care. Standards of, for example, safety, hygiene and quality vary throughout the
transport and destinations that your holiday may involve. Sometimes these standards
will be lower than those which would be expected to be found in the UK. We will
endeavour to ensure that the services and facilities included in your holiday will comply
with any local regulations which apply (such as, for example, those of the Civil Aviation
Authority), or, if there are no applicable local regulations in accordance with local
standards and customs. (ii) For claims which do not arise from death or personal injury
caused by our negligence and subject to the following paragraphs, we will, if we accept
liability pay you compensation of an amount which could be reasonably and properly
expected, taking into account all the relevant circumstances. Any sums received by
you from suppliers (for example, from an airline pursuant to the Denied Boarding
Regulations 1992 (and in that case sums paid by the airline constitute the full amount
of your entitlement to compensation for all matters flowing from the airline's actions)
will be deducted from any sum paid to you as compensation by us.
Active Adventures Terms and Conditions
Page 3 of 5
SECTION B - PACKAGE BOOKINGS CONTINUED
Our Liability continued from page 1 (iii) If any international convention applies to or
governs any of the services or facilities included in your holiday arranged or provided
by us, or provided by any of our suppliers, and you make a claim against us of any
nature arising out of loss or damage (but not personal injury or death) suffered during
or as a result of the provision of those services or facilities, our liability to pay you
compensation and/or the amount (if any) of compensation payable to you by us will be
limited in accordance with and/or in an identical manner to that provided for by the
international convention concerned (in each case including in respect of the conditions
of liability, the time for bringing any claim and the type and amount of any damages
that can be awarded). International Conventions which may apply include: in respect of
international air travel, the Warsaw Convention 1929 (including as amended by the
Hague Protocol of 1955 and by any of the additional Montreal Protocol of 1975) or the
Montreal Convention 1999; in respect of rail travel, the Berne Convention 1961; in
respect of carriage by sea, the Athens Convention 1974; in respect of carriage by road,
the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962.
For the avoidance of doubt, this means that we are to be regarded as having all benefit
of any limitations of compensation contained in any of these Conventions or any other
international conventions applicable to your holiday.
(iv) If your baggage is lost, damaged or destroyed in any circumstance not subject to
an international convention the maximum amount of compensation we will pay you will
be £500. This sum will be assessed with reference particularly to your loss and the
extent to which this has required you to purchase replacements.
(v) It should be noted that if we accept liability, such acceptance is conditional upon
you assigning any rights that you may have against any of our servants, agents or
suppliers which are in any way responsible for the failure of the holiday arrangements
forming part of your package or any death or personal injury you may suffer. It is a
condition precedent of any such acceptance of liability that you follow the procedures
for the notification of complaints set out in the clause below entitled "Clients'
Dissatisfaction with the Holiday". If you choose to issue court proceedings in respect of
a claim against us, you must do so within 2 years of your return from holiday or within 2
years of first discovering the matters giving rise to the claim, if this is later. If you do
not, then our liability to you will be limited in all cases to a sum of £100.
(vi) You must also co-operate with us in any claim we choose to bring against any third
party which we, in our discretion, deem to be so responsible.
SECTION C - FLIGHT BOOKINGS
Flight Arrangements – We will use reasonable endeavours to arrange flights on your
behalf at the most competitive rate at time of booking, but only through flight
companies that are ATOL bonded. Sports equipment can be carried subject to airline
acceptance but please note that this will normally incur a surcharge of around £35.00
for a surfboard, snowboard, windsurf board, kite surf board or a set of skis. The extra
cost will be passed on to you direct from the airline and the Company is not liable if the
exact price differs from our quoted estimate.
Transfer of Bookings - If, after your flight booking has been confirmed, you are
unavoidably prevented from travelling and wish to transfer your confirmed booking to
another person, we will use reasonable endeavours to accommodate you, but cannot
guarantee that such transfer will be possible. Whether it is possible will depend upon
the airline. Amendment charges may be imposed by the airline.
Surcharges - Price increases may occur in relation to flight costs at any time prior to
full payment being received from you and you will be liable pay any such increases in
full. Further, some airlines' conditions may reserve their right to levy surcharges even
after full payment is received.
Our Liability - As set out above, if we act as agent for ATOL Holders in making our
flight arrangements, the flights we arrange are therefore organised and operated by
ATOL Holders. If we act solely in the capacity of booking agent in relation to flights, we
cannot, and do not, have any liability to you or any loss, damage, death or personal
injury you may suffer arising from the flight arrangements, unless caused by our
negligence.
SECTION D • ALL BOOKINGS
Booking and Payment - Reservations can be made over the telephone and confirmed
only upon receipt of a deposit. A deposit is required at the time of booking of at least
25% of the holiday package price per person (the holiday package price does not
include and cost to you connected with flights). All deposits are non-refundable except
where we are unable to accept your booking. On receipt of your deposit, we will then
send out a deposit receipt electronically in PDF format via email, and it is at this time
that a valid contract comes into existence between us or, in the case of flight bookings,
between you and the relevant ATOL Holder (which may be us if you have bought your
flights through the Company. On payment of the balance of the monies payable which
is due no less than 1 calendar month before the departure date, or upon booking if this
is less than 1 calendar month before departure, an electronic full payment receipt in
PDF will be sent you via email. Receipt of any payment from you constitutes
acceptance of our Terms and Conditions. You should check the contents of the deposit
receipt and the full payment receipt when it is received and contact us if you have any
queries. If the Company does not receive the balance within this time, we reserve the
right to cancel the booking without further reference to you and any deposit paid shall
be forfeited. Payment may be made by cheque, bank transfer, debit card, credit card or
cash. Cheques should be made payable to Active Adventures Limited. Credit card
payments carry a 3% administration charge and any banker's transfer fee is also
charged to you. If you have any special requests, these should be indicated either on a
booking form or directly with our sales staff, you should check that any special
requests appear on your invoice. We will notify the relevant supplier of your request,
but this cannot be guaranteed, nor will we accept any liability if such requests are not
met. It is your obligation to inform us of any disability, illness, or prior injury that may
affect your fitness to participate in your selected activities. Different activities have
different fitness and medical requirements. The Company reserve the right to share
any of your medical or personal information with our agents, subcontractors and
suppliers, in order to allow us and them to arrange your holiday and activities. If you
wish to change any detail of your booking we will do our best to help, but any change
will, of course, be subject to availability. Please note also that all alterations will be
subject to an administrative charge of £20, and any amendment charges imposed by
suppliers. Alterations to flights are dealt with under the airlines own conditions of
booking. However, we should point out that it is not uncommon for alterations to flight
tickets to result in a charge of 100% of the original ticket price. The exchange rate
used for price calculations in this brochure was that published in www.x-rates.com on
09 Dec 2006, namely Euro 1.48043 equal to £1. No refund will be made if sterling
strengthens.
Cancellation by the Client - You, or any member of your party, may cancel your
holiday at any time providing that the cancellation is made by the party leader as
indicated on the receipt and is communicated to us in writing by letter or email. As this
incurs administrative costs, we will retain your deposit and in addition may apply
cancellation charges up to the maximum shown as follows:
49 days or more - Deposit only, 29-49 days - 50% of total cost, 28 - 22 days - 70%
of total cost and 21 or fewer - 100% of total cost.
Note: If the reason for cancellation is covered under the terms of an insurance policy,
you may be able to reclaim these charges.
Clients' Dissatisfaction with the holiday - In the unlikely event that the service,
accommodation or tuition/guide experience are not up to the standard as outlined in
this brochure a complaint should be made immediately, and during the course of the
holiday, to the local manager or local Active Adventures agent. In addition, if it is not
possible to resolve the matter, a complaint should be made to the Company. If, by the
end of your holiday, it has not been possible to resolve the complaint to your
satisfaction, you must notify the Company in writing within 28 days of your return.
Failure to do this may reduce or extinguish any rights you may have to claim
compensation from the Company or any of its suppliers. If you are ill whilst on holiday,
you must, in addition to reporting your illness to our representative, consult a local
doctor and also consult your GP on return to the UK. Should you then wish to make a
claim against us as a result of that illness, you must provide us with details of both the
local doctor whom you saw, and your GP, together with written authority for us to
obtain a medical report from both those doctors.
Insurance - We consider it essential to be well insured before embarking on any kind
of holiday. In arranging your own insurance you must ensure that the policy you
arrange provides cover for the activities that you have elected to do.
Active Adventures Terms and Conditions
Page 4 of 5
Client Protection - The Company is ATOL protected. You are only protected by our
ATOL bond if you have purchased the flights from us. If you purchase flights separately
for your holiday with us, you will be ATOL protected by the ATOL license recorded on
your ATOL flight receipt, in which case you should have the full protection of the airline
agent's ATOL Holder's license for your air travel. In the unlikely event of either the
Company or your ATOL Holder becoming insolvent, your flight costs are protected by
ATOL, so your peace of mind is guaranteed. This means that your money will be
refunded and that you would be repatriated in the event of our insolvency.
Brochure Description- We reserve the right to change any of the prices, services or
other particulars contained in this brochure before we enter into a contract with you. If
there is any change, we will advise you before we enter into such a contract.
Clients' Responsibility for Accommodation - Each person making a booking and
each member of his or her party, shall indemnify the Company against all actions, loss,
damages and costs whatsoever, in consequence of any claim by any person arising
out of any act or default on the part of the client from the date of departure to the time
of his return to this country of the said person. The Company reserve the right to deal
with or settle any such claims as they in their absolute discretion think fit. The
Company takes no responsibility for your personal belongings, money or travellers
cheques, either inside or outside the apartments.
Misbehaviour - We reserve the right in our absolute discretion to terminate your
holiday if your behaviour is likely, in our opinion or that of our employees or suppliers,
to cause distress, damage, annoyance or danger to our employees or to any third
party, or their property. If you are prevented from travelling on an aeroplane because in
the opinion of any person in authority at the airport, you appear for whatever reason
unfit to travel, we have no further responsibility for your journey or your holiday,
including any return flight. We will impose full cancellation charges and will not give
any refunds. Furthermore, we will be under no obligation whatsoever to pay you
compensation or cover any costs you may incur as a result of having to make
alternative arrangements. The Company, and any or our employees, agent’s
subcontractors and suppliers reserve the right to terminate your or any member of your
party, participation in any activity you have, or have not pre-booked with the Company
as part of your holiday package. In such a case, you have the right to a full explanation
as to why you participation has been terminated. Should you wish to challenge this
termination of participation you must submit this in writing or via email within fourteen
days of the termination.
Passports - All UK Nationals travelling in Europe will require a full 10 year passport
with at least 6 months validity for travel from the date of departure. No visas or
medical certification or vaccination is required. All children, including new born babies,
must be in possession of their own passport. Non British citizens should check with
their embassy or consulate to obtain details of the relevant requirements. It is your
responsibility to make the necessary applications and to comply with any regulations
governing entry to your chosen country. If you do not obtain a visa, where this is
required, or your passport or any other travel documentation is not in order and you
are unable to travel as a result, you will be liable to pay the cancellation charges set
out in clause 3. Furthermore, we will not accept any responsibility or refund any money
in cases where you are unable to travel because of an invalid or mislaid visa or
passport. The Foreign and Commonwealth Travel Advice Office issues travel advice,
which is regularly updated, and which relates to political, economic and other
circumstances prevailing in countries throughout the world. If you want any such
advice, you should contact them. Their telephone number is 0870 6060290. Sources of
information about health requirements include the Department of Health's free leaflet
Health Advice for Travellers, which is available by telephoning 0800 555 7777.
Operation of the Holiday – All the activities the Company offers carry with them a
degree of risk both to people and property, even if enjoyed under proper supervision by
qualified instructors. They are also strenuous activities that require those taking part to
have a reasonable standard of swimming and fitness. All course members must
therefore make us aware of any medical conditions, illnesses or allergies they may
have and any prescribed medication they are taking on the booking form at the time of
booking. No one should participate in any of our sports activities if they are suffering
from a heart condition or if they are pregnant. Any persons participating in our water
based holidays or activities must be able to swim at least 50 metres. No participants in
any of our activities may be under the influence of any alcohol, drugs or medication
which may adversely affect their physical abilities. All activity participants must agree to
abide by all instruction and all decisions that the Company and its instructors make in
order to secure the safety and comfort of all participants. Course members may have
the use of the Company's equipment during their stay, and are responsible for
immediately reporting any damage caused to the equipment or which becomes
apparent whilst the equipment is in their possession. Whilst it is hoped weather
conditions will be favourable, this can never be guaranteed. Because of the acute
dangers inherent in these activities, they can only be undertaken entirely at your own
risk. The Company, or any of our agents, subcontractors or suppliers, reserve the right
to ask you to undergo a medical
examination by a doctor, whether in the UK or at your holiday destination, to clarify
your fitness to participate of your chosen activities, regardless of whether or not you
can present an existing medical authorisation obtained from a previous medical
examination by a doctor that states you are medically fit to participate in the activity.
Any agents, subcontractors and suppliers of the Company are obliged to share any
medical information about you, or any member of your party, with the Company, to
inform us as to why you may be refused to participate in any activity you have booked
with us. By accepting these Terms and Conditions you also accept and agree that any
personal or medical information may be shared between the Company and any of our
agents, subcontractors and suppliers.
Activity Conditions – Active Adventures, Airlines, railways, coach and shipping
companies, accommodation, suppliers, activity suppliers and other suppliers, agents or
subcontractors have their own booking conditions or conditions of carriage, and you
will be bound by these as far as the relevant transport provider or supplier is
concerned.
Suppliers' Conditions - Airlines, railways, coach and shipping companies, activity
suppliers and other suppliers have their own booking conditions or conditions of
carriage, and you will be bound by these as far as the relevant transport provider or
supplier is concerned. Some of these conditions may limit or exclude liability on the
part of the relevant transport provider or other supplier, and they are often also subject
to various international conventions. Where relevant, copies of such conditions may be
available for inspection at the offices of the relevant supplier. The Company, and any
or our employees, agent’s subcontractors and suppliers reserve the right to terminate
your or any member of your party, participation in any activity you have, or have not
pre-booked with the Company as part of your holiday package. In such a case, you
have the right to a full explanation as to why you participation has been terminated.
Should you wish to challenge this termination of participation you must submit this in
writing or via email within fourteen days of the termination.
Activities and Excursions – Our local representatives, subcontractors, employees,
suppliers or agents may, at your request, make arrangements for activities or
excursions locally on your behalf. Please note that if they do, the contract for the
provision of the activity or excursion will be between you and the supplier of the
excursion and not between you and us. Therefore, when you purchase an activity or
excursion locally, whether or not through our representative, your contract is with the
local company and we have no liability whatsoever for anything which may go wrong
on the activity or excursion.
Should you wish to make changes or alterations to your activity schedule whilst on
holiday, we will do our best to implement these changes. Upon implementation, there
may be administrative charges that apply to you or a member of your party, and you
will be made aware of these at the time of implementation. Upon your receipt of our
written confirmation of the activity change(s) from us locally, or your participation in the
changed or altered activity or activities, you agree to pay the administration charges,
and authorise us to use the current payment details we have for you to process the
payment. An invoice will be sent to you outlining the charges via email on your return.
You will then have seven days from the date the email is sent by the Company to
contact the Company should you not wish that the current payment details we hold not
be used to take the monies owed, and to provide us with alternative payment details.
Delays - We have no control over the time flights and other transport departs and
therefore cannot guarantee that flights or any other transport will depart at the time
specified. In the event of any delay, we are under no liability to you whatsoever to
provide appropriate meals etc. Although we will use our reasonable endeavours to
arrange for the air carrier or other transport provider to do so, we will not make any
such provision.
Data Protection - We will provide your personal information, as well as any personal
information you provide in relation to the persons whose travel arrangements have
been requested by you, to suppliers and carriers that might be located outside the UK
and/or EU, to enable the operation of the services requested by you. If you make
special requests, which include, but are not limited to, special dietary, religious, or
disability related requirements which constitute sensitive information, the relevant data
will also be passed to the relevant suppliers and carriers to enable provision of the
services requested by you, which includes medical information for activity participation.
Law and Jurisdiction - Your contract with us and any matters arising from it shall be
subject to English law and to the jurisdiction of the Courts of England and Wales. If you
are resident in Scotland or Northern Ireland, the Courts of Scotland or Northern Ireland
can deal with any disputes.
Thank you.
We wish you a fantastic experience with Active Adventures.
Active Adventures Terms and Conditions
Page 4 of 5
Client Protection - The Company is ATOL protected. You are only protected by our
ATOL bond if you have purchased the flights from us. If you purchase flights separately
for your holiday with us, you will be ATOL protected by the ATOL license recorded on
your ATOL flight receipt, in which case you should have the full protection of the airline
agent's ATOL Holder's license for your air travel. In the unlikely event of either the
Company or your ATOL Holder becoming insolvent, your flight costs are protected by
ATOL, so your peace of mind is guaranteed. This means that your money will be
refunded and that you would be repatriated in the event of our insolvency.
Brochure Description- We reserve the right to change any of the prices, services or
other particulars contained in this brochure before we enter into a contract with you. If
there is any change, we will advise you before we enter into such a contract.
Clients' Responsibility for Accommodation - Each person making a booking and
each member of his or her party, shall indemnify the Company against all actions, loss,
damages and costs whatsoever, in consequence of any claim by any person arising
out of any act or default on the part of the client from the date of departure to the time
of his return to this country of the said person. The Company reserve the right to deal
with or settle any such claims as they in their absolute discretion think fit. The
Company takes no responsibility for your personal belongings, money or travellers
cheques, either inside or outside the apartments.
Misbehaviour - We reserve the right in our absolute discretion to terminate your
holiday if your behaviour is likely, in our opinion or that of our employees or suppliers,
to cause distress, damage, annoyance or danger to our employees or to any third
party, or their property. If you are prevented from travelling on an aeroplane because in
the opinion of any person in authority at the airport, you appear for whatever reason
unfit to travel, we have no further responsibility for your journey or your holiday,
including any return flight. We will impose full cancellation charges and will not give
any refunds. Furthermore, we will be under no obligation whatsoever to pay you
compensation or cover any costs you may incur as a result of having to make
alternative arrangements. The Company, and any or our employees, agent’s
subcontractors and suppliers reserve the right to terminate your or any member of your
party, participation in any activity you have, or have not pre-booked with the Company
as part of your holiday package. In such a case, you have the right to a full explanation
as to why you participation has been terminated. Should you wish to challenge this
termination of participation you must submit this in writing or via email within fourteen
days of the termination.
Passports - All UK Nationals travelling in Europe will require a full 10 year passport
with at least 6 months validity for travel from the date of departure. No visas or
medical certification or vaccination is required. All children, including new born babies,
must be in possession of their own passport. Non British citizens should check with
their embassy or consulate to obtain details of the relevant requirements. It is your
responsibility to make the necessary applications and to comply with any regulations
governing entry to your chosen country. If you do not obtain a visa, where this is
required, or your passport or any other travel documentation is not in order and you
are unable to travel as a result, you will be liable to pay the cancellation charges set
out in clause 3. Furthermore, we will not accept any responsibility or refund any money
in cases where you are unable to travel because of an invalid or mislaid visa or
passport. The Foreign and Commonwealth Travel Advice Office issues travel advice,
which is regularly updated, and which relates to political, economic and other
circumstances prevailing in countries throughout the world. If you want any such
advice, you should contact them. Their telephone number is 0870 6060290. Sources of
information about health requirements include the Department of Health's free leaflet
Health Advice for Travellers, which is available by telephoning 0800 555 7777.
Operation of the Holiday – All the activities the Company offers carry with them a
degree of risk both to people and property, even if enjoyed under proper supervision by
qualified instructors. They are also strenuous activities that require those taking part to
have a reasonable standard of swimming and fitness. All course members must
therefore make us aware of any medical conditions, illnesses or allergies they may
have and any prescribed medication they are taking on the booking form at the time of
booking. No one should participate in any of our sports activities if they are suffering
from a heart condition or if they are pregnant. Any persons participating in our water
based holidays or activities must be able to swim at least 50 metres. No participants in
any of our activities may be under the influence of any alcohol, drugs or medication
which may adversely affect their physical abilities. All activity participants must agree to
abide by all instruction and all decisions that the Company and its instructors make in
order to secure the safety and comfort of all participants. Course members may have
the use of the Company's equipment during their stay, and are responsible for
immediately reporting any damage caused to the equipment or which becomes
apparent whilst the equipment is in their possession. Whilst it is hoped weather
conditions will be favourable, this can never be guaranteed. Because of the acute
dangers inherent in these activities, they can only be undertaken entirely at your own
risk. The Company, or any of our agents, subcontractors or suppliers, reserve the right
to ask you to undergo a medical
examination by a doctor, whether in the UK or at your holiday destination, to clarify
your fitness to participate of your chosen activities, regardless of whether or not you
can present an existing medical authorisation obtained from a previous medical
examination by a doctor that states you are medically fit to participate in the activity.
Any agents, subcontractors and suppliers of the Company are obliged to share any
medical information about you, or any member of your party, with the Company, to
inform us as to why you may be refused to participate in any activity you have booked
with us. By accepting these Terms and Conditions you also accept and agree that any
personal or medical information may be shared between the Company and any of our
agents, subcontractors and suppliers.
Activity Conditions – Active Adventures, Airlines, railways, coach and shipping
companies, accommodation, suppliers, activity suppliers and other suppliers, agents or
subcontractors have their own booking conditions or conditions of carriage, and you
will be bound by these as far as the relevant transport provider or supplier is
concerned.
Suppliers' Conditions - Airlines, railways, coach and shipping companies, activity
suppliers and other suppliers have their own booking conditions or conditions of
carriage, and you will be bound by these as far as the relevant transport provider or
supplier is concerned. Some of these conditions may limit or exclude liability on the
part of the relevant transport provider or other supplier, and they are often also subject
to various international conventions. Where relevant, copies of such conditions may be
available for inspection at the offices of the relevant supplier. The Company, and any
or our employees, agent’s subcontractors and suppliers reserve the right to terminate
your or any member of your party, participation in any activity you have, or have not
pre-booked with the Company as part of your holiday package. In such a case, you
have the right to a full explanation as to why you participation has been terminated.
Should you wish to challenge this termination of participation you must submit this in
writing or via email within fourteen days of the termination.
Activities and Excursions – Our local representatives, subcontractors, employees,
suppliers or agents may, at your request, make arrangements for activities or
excursions locally on your behalf. Please note that if they do, the contract for the
provision of the activity or excursion will be between you and the supplier of the
excursion and not between you and us. Therefore, when you purchase an activity or
excursion locally, whether or not through our representative, your contract is with the
local company and we have no liability whatsoever for anything which may go wrong
on the activity or excursion.
Should you wish to make changes or alterations to your activity schedule whilst on
holiday, we will do our best to implement these changes. Upon implementation, there
may be administrative charges that apply to you or a member of your party, and you
will be made aware of these at the time of implementation. Upon your receipt of our
written confirmation of the activity change(s) from us locally, or your participation in the
changed or altered activity or activities, you agree to pay the administration charges,
and authorise us to use the current payment details we have for you to process the
payment. An invoice will be sent to you outlining the charges via email on your return.
You will then have seven days from the date the email is sent by the Company to
contact the Company should you not wish that the current payment details we hold not
be used to take the monies owed, and to provide us with alternative payment details.
Delays - We have no control over the time flights and other transport departs and
therefore cannot guarantee that flights or any other transport will depart at the time
specified. In the event of any delay, we are under no liability to you whatsoever to
provide appropriate meals etc. Although we will use our reasonable endeavours to
arrange for the air carrier or other transport provider to do so, we will not make any
such provision.
Data Protection - We will provide your personal information, as well as any personal
information you provide in relation to the persons whose travel arrangements have
been requested by you, to suppliers and carriers that might be located outside the UK
and/or EU, to enable the operation of the services requested by you. If you make
special requests, which include, but are not limited to, special dietary, religious, or
disability related requirements which constitute sensitive information, the relevant data
will also be passed to the relevant suppliers and carriers to enable provision of the
services requested by you, which includes medical information for activity participation.
Law and Jurisdiction - Your contract with us and any matters arising from it shall be
subject to English law and to the jurisdiction of the Courts of England and Wales. If you
are resident in Scotland or Northern Ireland, the Courts of Scotland or Northern Ireland
can deal with any disputes.
Thank you.
We wish you a fantastic experience with Active Adventures.