Adventure Booking Conditions

These booking conditions form the basis of your relationship with:

(1)               Rare Adventures Ltd a company incorporated and registered in England and Wales with company number 8660059 whose registered office is at 2 – 3 City Business Centre, London SE16 2XB (“RA”), acting as agent for:

(2)               Travelpack Marketing and Leisure Services Limited a company incorporated and registered in England and Wales with company number 01932688 whose registered office is at 523 High Road, Wembley HA0 2DH (“Travelpack”).

Please read these conditions carefully as they set out each party’s respective rights and obligations. Any trip you undertake is subject to the following booking conditions.

1.  Background

(A)              Travelpack is a tour operator which organises adventure travel trips.

(B)              Travelpack is the holder of an Air Travel Organisers’ Licence (“ATOL”) number [2866].

(C)              RA will act as Travelpack’s ATOL agent in respect of organising arrangements for your trip.

All parties agree the following:

2.   Definitions

2.1   In this agreement, the following words shall have the following meanings unless the context otherwise requires:-

2.1.1        “Deposit” means the administration fee payable by you to RA, as set out in the Brochure;

2.1.2        “Brochure” means the brochure which is attached to the Registration Form which describes the trip;

2.1.3       “Trip” means the packaged holiday, which includes all flights, accommodation, vehicle hire and all other services which RA contractually agrees to provide or arrange for you, as set out in the Brochure;

2.1.4         “Force Majeure” means any event or circumstance beyond the control of the person relying on force majeure, malicious acts of war, acts of god, government action and civil commotion;

2.1.5        “Trip price” the amount payable to confirm your place on the Trip;

2.1.6        “Organiser” means the organiser as defined by the Package Travel Regulations;

2.1.7        “Tour leader” means an employee of RA or a subcontracted third party, responsible for guiding the Trip group while in-country;

2.1.8        “Package Travel Regulations” means the Package Travel, Package Holidays and Package Tours Regulations 1992 (Statutory Instrument 1992 No. 3288) and any amendment or re‑enactment of the same and all other legislation implementing the EC Directive on Package Travel, Package Holidays and Package Tours (Council Directive 90/314/EEC);

2.1.9         “Surcharge” means a charge which will become payable should the Trip Cost increase as set out in clause 8;

2.1.10    “Trip Cost” means the basic trip cost advised at the time of booking, all airline fuel supplements and taxes as referred to in clause 8, and any other amounts payable to RA for the Trip as set out in these Booking Conditions; and

2.1.11    “you” and “your” refers to the participant named on the Registration Conditions.

3.  Organisation of Trip

3.1    RA acts as Travelpack’s agent in organising the Trip on Travelpack’s behalf and selling it to you.

3.2    Please note RA’s responsibilities are limited to the provision of the Trip in accordance with these Booking Conditions.

4.  Booking, Payments, and Confirmation

4.1   You must pay to RA the Deposit.  This is part of the Trip Cost, and is paid to secure flight accommodation, and will not have the protection of Travelpack’s ATOL.

4.2   Places on trips can be reserved with payment of a deposit which is non refundable, with the exception of the circumstances outlines in clauses. Your place on the trip will be confirmed when:

4.2.1  you make final payment of the balance of the Trip Cost 90 working days before your departure date; and

4.2.2   you complete a RA pre-departure form at least 35 working days prior to your departure date.

RA shall use all reasonable endeavours to secure your place on your chosen Trip, subject to availability.

4.3  The Trip Cost will be accepted by RA as payment for the provision to you of the flight accommodation and all travel services comprised in the Trip. Therefore, the Trip Cost will be protected by Travelpack’s ATOL as soon as it is received by RA and RA shall send to you written confirmation of this, together with an ATOL Certificate.

4.4  The Trip Cost monies will be held by RA on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to RA’s obligation to pay them to Travelpack so long as Travelpack does not fail.

4.5 If Travelpack fails, any Trip Cost monies held at that time by RA (or subsequently accepted) are and continue to be held by RA on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay such monies to Travelpack.

4.6 RA has no obligation to you if you do not pay the final balance of the Trip Cost at least 90 working days before the departure date for your chosen Trip.

5.  Minimum Numbers

Please note that each Trip has a minimum number of participants required for its operation. A Trip may be cancelled due to insufficient numbers up to 90 working days prior to departure. In these circumstances you will be offered an alternative Trip, if available.

6.  Changes to the Trip

6.1 RA and Travelpack start planning the Trip many months in advance. Occasionally, RA and Travelpack have to make changes to a planned Trip both before and after bookings have been confirmed. Whilst they always endeavour to avoid changes and cancellations, they reserve the right to do so.

6.2  RA and Travelpack may have to make a “significant change”. A significant change is a change made before departure which, taking account of the information you give RA at the time of booking and which RA can reasonably be expected to know, RA or Travelpack can reasonably expect to have a major effect on the Trip.

6.3  Significant changes are likely to include the following changes when made before departure:

(a)  a change of accommodation area for the whole or a major part of the time you are away;

(b)  a change of outward departure time or overall length of time you are away of twelve or more hours;

(c)  a change of UK departure point to one which is more inconvenient for you; and

(d) in the case of tours, a significant change of itinerary missing out one or more major destinations substantially or altogether.

6.4 If RA or Travelpack have to make a significant change or cancellation, RA will tell you as soon as possible.  If there is time to do so before departure, RA will offer you the choice of the following options:-

6.4.1 (for significant changes) accepting the changed arrangements;

6.4.2 taking part in a similar, alternative Challenge Event if available; and

6.4.3 cancelling or accepting the cancellation. Please note:

(a) donations made to the Charity are not refundable to you in any circumstances and if you cancel, the Trip Cost, which will have been paid by the Charity, will be repaid to the Charity which will have no obligation to make any payment to you; and

(b) the Deposit is non-refundable.

6.5  Please note, the above options are not available where any change made is a minor one, i.e. it is not a significant change.

6.6  If RA has to make a significant change or cancellation, RA will, where compensation is due under the Package Travel Regulations, pay you reasonable compensation depending on the circumstances and when the significant change or cancellation is notified to you, subject to the following exceptions:-

6.6.1 RA will not pay compensation and will not accept liability beyond offering the choices in clause 6.3, where RA is forced to make a change or cancel as a result of Force Majeure or where RA is forced to cancel due to the minimum number of participants required for the Trip not being reached; and

6.6.2  RA will not pay compensation and will not offer the options in clause 6.3 if RA cancels as a result of your failure to comply with any requirement of these terms and conditions entitling RA to cancel (such as paying on time), or if the change made is a minor one.

6.7   If RA is forced by Force Majeure to change or terminate the Trip after departure but before your scheduled return, RA will be unable to make any refunds, pay you any compensation or meet any costs or expenses you incur as a result.

7.   Flights

7.1  The flight timings detailed in Trip documentation are for general guidance only and are subject to change. The latest timings will be despatched to you approximately two weeks before departure. In most cases your tickets will be given to you at the airport. You must check flight details very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even within two weeks of departure – RA will contact you as soon as possible if this occurs.

7.2  RA is not always in a position to confirm the airline and airport of destination which will be used in connection with any flight included in your Trip. When this information is provided at the time of booking or subsequently, it is subject to change. Any such change will not entitle you to cancel or change to other arrangements without paying RA’s normal charges.

8.  Revision of Trip Cost

8.1 Please note, the Trip Cost consists of the basic trip cost advised at the time of booking and the full amount of any fuel supplement or taxes imposed by any airline providing flights which form part of your Trip together with any other amounts payable to RA for the Trip [This amount is not a Surcharge as it is part of the total Trip Cost and the surcharge provisions set out in clause 8.2 below will not apply to it.]

8.2  Please note once the Trip Cost has been confirmed at the time of registering, RA may revise it upwards or downwards.  RA will only upwardly revise it if RA’s costs increase as a result of

(a)        transportation costs (including fuel);

(b)       dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports or airports; or

(c)        changes in the exchange rates which have been used to calculate the cost of the Trip.

8.3  Surcharges will not be applied:

(a)        within 90 working days of the departure date for your Trip; or

(b)        if the amount of the surcharge is less than 2% of the Trip Cost.

8.4   If any Surcharge is greater than 9% of the Trip Cost you will be entitled to cancel your booking [and receive a full refund of the Deposit. RA will advise you where this is the case. Alternatively you can choose to participate in another Trip from RA as referred to in clause 6 above.]

9.  Cancellation by you

9.1  Under UK Distance Selling Regulations ,you are entitled to cancel your booking within 7 days of your confirmation date, and receive a refund of all funds paid.

9.2  If you wish to cancel, other than in circumstances described in clauses 6.3 & 9.1, no refund will be paid to you, the Trip Cost having been paid.

10.  Amendments to booking

10.1  Should you wish to make any changes to your confirmed booking, you must notify RA in writing as soon as possible. Whilst RA will endeavour to assist, RA cannot guarantee it will be able to meet any such requests. [Where RA can, an amendment fee of £95 per person will be payable together with any costs incurred by RA and any costs or charges incurred or imposed by any of RA’s and Travelpack’s suppliers.]

11.  Special Requests

11.1 If you have any special request, you must advise RA in writing at the time of booking. Although RA will endeavour to pass any reasonable requests on to the relevant supplier, RA regrets it cannot guarantee any request will be met unless RA have specifically confirmed this. For your own protection, you should obtain confirmation in writing from RA that your request will be complied with (where it is possible for RA to give this) if your request is important to you. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request in your confirmation letter or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.

11.2  RA regrets it cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests.

12.  Challenge Participation and Responsibility

12.1 The Trip may involve hazards which are inherent to the activities involved in it. These inherent hazards increase the risk to participants of personal injury, death, illness, and/or loss or damage to property. By making your booking with RA you acknowledge and accept the inherent hazards involved in the Trip. RA’s liability to you is set out in clause 24. Any safety equipment supplied must be worn correctly at all times.  If applicable, your cycling helmet should be worn at all times when you are cycling.

13.  Equipment

13.1 If you take your own equipment on a Trip you are responsible for any charges for transportation levied by the airline including excess baggage.

14.  Flight delays

14.1 RA is not in a position to offer you any assistance in the event of delay at your outward or homeward point of departure. Any airline concerned may however provide refreshments etc. RA’s liability to you is set out in clause 24.

15. Travel Insurance

15.1 Travel insurance, including cover for baggage, is mandatory for all participants whilst on a Trip organised by RA. Other than liability arising from negligence in respect of death or personal injury caused by RA or its staff, you travel, together with your personal property including baggage, solely at your own risk at all times.

15.2  If you choose not to take out RA’s specially arranged travel insurance you are responsible for ensuring that you have adequate private travel insurance, with protection for the full duration of the Trip in respect of at least medical expenses, injury, death, repatriation, cancellation and curtailment. If you make your own arrangements you should ensure that there are no exclusion clauses limiting protection for the type of activities included in the Trip. You are responsible for providing proof of this cover to RA; failure to do so by its deadline may result in RA charging you for its insurance.  If you join the Trip without adequate insurance you may not be permitted to continue, with no right of refund.

15.3  You must satisfy yourself that any travel insurance arranged through RA meets your requirements and you should arrange supplementary insurance if need be. You are responsible for notifying RA if you have not received insurance documentation after RA has taken payment. Any claims concerning matters for which you are required to be or are insured must be directed to your insurers.  You will be deemed to have read the insurance cover. All participants are personally responsible for informing insurance companies of any pre-existing conditions.

16.   Your conduct

16.1  You must not do anything or fail to do anything which is reasonably likely to bring  RA into disrepute whether before, during or after the Trip.

17.  Medical Questionnaire

17.1 RA requires a completed medical questionnaire from each participant. Your booking will be conditional on you completing this as part of your on-line sign-up process. RA may also request further information as necessary from your doctor. See also clause 19.1.

18.  Passport, vaccinations and visas

18.1 You are responsible for arranging, and must be in possession of, a valid passport and any visas and vaccination certificates required for the whole of your Trip. Information given by RA about these matters or related items (climate, clothing, baggage, personal gear etc) is given in good faith but requirements may change and you must check the up to date position in good time before departure. It is your responsibility to obtain any necessary vaccinations for your Trip and to do so well before the departure date.

19.   Your information

19.1 You must ensure that all information you give RA is complete, true and accurate.  If you fail to do so in any material respect, RA may cancel your booking and keep the Deposit you have paid. See also clause 24 “RA and Travelpack’s Liability.”

19.2 Where necessary RA provides the personal information given by you to Travelpack and the various suppliers who provide each element of the Trip (for example airlines). RA also provides this information to other bodies such as credit card and insurance companies who need to know them in order that payments can be processed and cover provided (where applicable).

19.3 RA will also use your personal details in order to send you further information regarding RA.  If you do not wish RA to use your details in this way, please let RA know. A full data protection statement is available on the RA website.

20.  Complaints

20.1 Should you have a complaint about any part of the Trip, you must tell both the relevant supplier and the tour leader at the time. It is only if RA and the relevant supplier know about problems that there will be the opportunity to put things right. Any complaints must be communicated to the tour leader in writing immediately while on tour and to the RA office no later than 28 days after the end of the Trip.

21.  Participants

21.1 RA reserves the right on reasonable grounds to refuse participation to anyone at any time without having to disclose the reason. Your entitlement to participate depends on our being satisfied that there are no circumstances under which RA ought properly to decline your participation. RA’s decision on your participation shall be final and binding. RA however will not exercise this right without having clear grounds to do so.

21.2  When you book with RA, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss must be paid direct at the time to the accommodation owner or manager or other supplier. If you fail to do so, you will be responsible for meeting any claims subsequently made against RA (together with RA’s own and the other party’s full legal costs) as a result of your actions.

22.  Tour Leader

22.1  You agree to abide by the authority of the leader, who represents RA. The decision of the leader as to the conduct, itinerary and objectives of the Trip is final. If in the opinion of the leader, your behaviour or physical condition is detrimental to the safety, welfare and well-being of the group as a whole or that your general well-being will be put at risk by continuing with the Trip, you may be asked to leave the Trip without the right to any refund for unused services.

23.  Your Financial Protection

23.1 The Trip Cost, once received by RA, is protected by Travelpack’s ATOL.  Because of this protection, in the unlikely event of Travelpack’s insolvency, the CAA will ensure that you are not left stranded abroad.

23.2  The following clauses are required to be included under the ATOL Regulations:

“Your Financial Protection

When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate.  This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.”

“We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative).  In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought (at no extra cost to you).  You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder.  However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).”

23.3  The Deposit is not protected by Travelpack’s ATOL.

24.  RA and Travelpack’s Liability

24.1  You acknowledge that you appreciate the possible risk inherent in adventure travel, and that you undertake the Trip at your own risk and volition.

24.2  RA and Travelpack accept responsibility for any injury, loss or illness caused to you as a result of the negligent acts and/or omissions of their own respective employees, agents, suppliers and subcontractors and their servants and/or agents while acting within the scope of their authority, and, if employees, in the course of their employment. RA and Travelpack also accept responsibility for any damage caused to you, as a result of any failure to perform, or improper or negligent performance of the services each has agreed to provide under these Booking Conditions, except and to the extent (if any) the act or omission causing the damage is attributable to:

24.2.1  your negligent act or omission or that of another member of the Group;

24.2.2  an act or omission of a third party unconnected with the provision of the services to be provided to you and is unforeseeable or unavoidable; or

24.2.3  Force Majeure.

24.3    Nothing in this clause shall exclude or limit RA’s or Travelpack’s liability for death or personal injury caused by their own negligence.

24.4    Subject to clauses 24.1 to 24.3 above, RA’s and Travelpack’s total liability (which includes the liability of its employees and agents) to you arising out of or in connection with the Trip or these Booking Conditions shall be limited a sum equal to twice the Trip Cost.

24.5  Providers of transport (‘carriers’) impose their own conditions of carriage which, together with the provisions of certain international conventions, are deemed included in these Booking Conditions and generally limit the liability of carriers and RA’s and Travelpack’s liability to pay you compensation and/or the amount (if any) of compensation payable 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).

24.6  RA and Travelpack make every effort to ensure that the Challenge Event is safeguarded from terrorism by relying upon the best available advice at the relevant time However, RA and Travelpack can make no guarantees and by signing up to these Booking Conditions, you acknowledge that you will travel at your own risk and confirm that you have made your own enquiries as it deems necessary. RA and Travelpack expressly exclude all liability (both direct and indirect) for any losses or damages whatsoever that you may suffer or incur as a result of, or in connection with, an act of terrorism.

25.  Promotional Material

25.1 RA reserves the right to use, without payment, any photographs and images taken at a Trip or Trip-related occasion by its employees or suppliers, or forwarded by any person on the Trip or connected to the Trip, in its brochure, on its website, in its social network marketing activities or for use in any other relevant promotional material.

26.  Delivery & return

There are no goods to deliver or return included as part of these terms and conditions.

27.  Governing law

You 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 you and RA or Travelpack (except as set out below). You also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between you and RA must be dealt with by the Courts of England and Wales only.

 

Complaints procedure

Rare Adventures is committed to providing you with the highest standard of service.  So that we can do this at all times, we want to hear any comments you have on the service you receive from us, and to tell us if we get things wrong.
Any complaints we receive are taken seriously, and any expression of dissatisfaction with our service will be treated as a complaint. This policy covers complaints about:

  • The standard of our services
  • The behaviour of our staff or partners
  • Any action of lack of action by staff or partners affecting an individual or group

It does not cover:

  • Matters that have already been investigated via our complaints procedure
  • Anonymous complaints
  • Complaints about access to information of a commercially sensitive nature, or where procedures and remedies are set out in existing legislation, e.g. Freedom of Information Act, Data Protection Act

How to complain

Please address all complaints in writing to clientcare@rareadventures.co.uk. Alternatively, you may prefer to call us to discuss your complaint. We will always summarise any telephone discussions in writing afterwards.

We operate a two-stage complaints procedure. At each stage, it will help if you give us as much information as clearly as possible to allow us to investigate your complaint.

Stage 1

This will be our first contact, and we aim to resolve most complaints at this stage. The relevant department head will address your complaint.

Stage 2

If you are not happy with the response to your complaint, please address your concerns in writing to us where it will be reviewed by one of our executive team.

 

Timescales for complaints handling

Stage 1: Maximum of 20 working days

  • Written acknowledgement of your complaint within 5 working days
  • Full response within 20 working days

Stage 2: Maximum of 20 working days from communication deeming Stage 1 resolution unsatisfactory

  • Written acknowledgement of your complaint within 5 working days
  • Full response within 20 working days