1 WHO ARE WE?
1.1 All Kandoo Adventures’ tours are operated by Expedition Adventures Limited, a company registered in the UK which trades as Kandoo Adventures.
1.2 Our company number is 7149227 and our registered office address is at Errisberg House, Barton Turn, Barton under Needwood, Burton on Trent, Staffordshire, DE13 8EB. In these Terms, we refer to Expeditions Adventures Limited, t/a Kandoo Adventures, as “us”, “we”, “our”, and we refer to you, and the group of people travelling with you as “you”, “your”, “yours”. Your trip or Product will be operated by us.
2 OUR CONTRACT WITH YOU
2.1 These Terms and Conditions (Terms) apply to any travel products and/or services purchased from us (Product, and the term Products shall be interpreted accordingly), and govern the contractual relationship between you and us with respect to any such Products (Contract).
2.2 Please read these Terms carefully as by booking any Product with us or by travelling on a Kandoo Adventures tour or Product you acknowledge that you:
2.2.1 have read and understand these Terms; and
2.2.2 indicate your acceptance of and agree to be bound by these Terms.
3 THE BOOKING PROCESS
3.1 Your booking is confirmed and there will be a Contract between us on the basis of these Terms when we either:
3.1.1 confirm your booking in writing by sending our Booking Form (Booking Form) to the designated contact person (Lead Participant); or
3.1.2 receive your Booking Form, and confirm your booking in writing.
3.2 The Lead Participant confirms that:
3.2.1 they are over the age of 18 years old;
3.2.2 they will provide full, complete and accurate information as requested by us from time to time;
3.2.3 if there is more than one person travelling with the Lead Participant and named on the Booking Form (Group), the Lead Participant, confirms that they are deemed to have authority to book and accept these Terms on behalf of all of the people in the Group, including minors and those under a disability (collectively the Participants, and individually a Participant), and that:
3.2.4 they are the designated contact person;
3.2.5 they have communicated all necessary information to the other Participants;
3.2.6 the information that they provide regarding all Participants is complete and accurate, and that they have permission to share such information with us; and
3.2.7 they will inform all other named Participants of the applicability of these Terms.
3.3 We will send our detailed instructions for joining or commencing the applicable Product (Joining Instructions), as well as a final briefing containing information for arrival and travelling in relevant countries (Final Briefing) to you prior to the date on which you commence your Product (Commencement Date).
3.4 All dates, itineraries and prices are indicative only and the price quoted at the time of Booking shall be the applicable price, subject to the surcharges that may be levied in accordance with clause 7 . Changes, revisions, or other amendments may be made to the particulars contained in any brochure or on our website at www.kandooadventures.com. (Website), either before or after a Contract is concluded, and such changes, revisions or amendments shall be incorporated as of the date of such amendment.
4 OUR LIABILITY – YOUR ATTENTION IS PARTICULARLY DRAWN TO THE CONTENTS OF THIS CLAUSE 4 AND CLAUSE 6
4.1 Nothing in these Terms shall limit or exclude our liability for:
4.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; or
4.1.2 fraud or fraudulent misrepresentation.
4.2 Subject to clause 4.1:
4.2.1 we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract ; and
4.2.2 our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceedthe price paid by you for the Product .
4.3 We are not liable for:
4.3.1 any damages, expenses, losses, or claims which are attributable to:
188.8.131.52 the fault of any Participant; or
184.108.40.206 the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any part of the Product(s); or
220.127.116.11 an event of Force Majeure or any other unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided. In these Terms, an Force Majeure means any act of God, war or war like operations, mechanical breakdowns, terrorist activities, or threat of terrorist activities civil commotions, labour difficulties, interference by authorities, political disturbance, howsoever and wheresoever any of them may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond our reasonable control;
4.3.2 any failure in the performance of the Contract that is due to:
18.104.22.168 you; or
22.214.171.124 a third party unconnected with the provision of the Product and where the failure is unforeseeable or unavoidable;
126.96.36.199 an event of Force Majeure;
188.8.131.52 an event which we or our suppliers, even with all due care, could not foresee or forestall;
4.3.3 any illness, injury or death sustained whilst taking part in any of our Products, except where such illness, injury or death is directly caused by our negligence or the negligence of our employees;
4.3.4 any loss, theft of or damage to your personal property. All baggage and personal effects are at all times at your own risk. You should not leave personal belongings unattended in any public areas, on board any mode of transportation, or elsewhere, and are responsible at all times for your belongings.
4.4 The Products do not include any transfers to or from the departure point set out in your Joining Instructions (departure point).
4.5 You are entirely responsible for securing and must be in possession at all times while on a Product tour of a valid passport required for entry, departure and travel to each country or region visited or traveled through throughout the itinerary of the applicable Product tour, and for re-entry to your country of residence or departure (passport must be valid 6 months past the last date of travel with us), as well as all visas, permits and certificates including vaccination certificates, insurance policies and other relevant documents required for entry into all regions and participation in all parts of the Product tour itinerary. The visa and health requirements applicable to all countries are subject to change, and we advise that you check current requirements prior to your departure date. We will not be liable if you cannot take part in your trip because of incorrect documents or failure to meet passport, visa or immigration requirements.
4.6 It is in the nature of a trip of this kind that arrangements and participants have to be flexible. While we use all reasonable endeavours to ensure a trip runs according to your itinerary, the day-to-day agenda and ultimate goal of the trip are taken as aims and not as contractual obligations. It is a necessary condition of your joining any of our trips that you accept this flexibility. Occasionally, we may have to make changes and we reserve the right to do so at any time.
4.7 If you are unable, or choose not to complete an itinerary outlined for a trip, we are not liable to supply alternative itineraries, excursions, accommodations, services or staff that may result from the change. We allow you the flexibility to decide during a trip if you would like to alter your plans but no refunds are issued for shortened trips and no additional costs incurred will be reimbursed by us.
4.8 You acknowledge that the nature of the Product tour is adventurous and may involve a significant amount of risk to your health and/or safety. There are dangers inherent to adventure travel generally and you acknowledge you have considered such risks to health and safety and are willing to assume it to the full extent legally possible, by confirming their booking of such Product. You assume all such risk and release us from all claims and causes of action arising from any losses, damages or injuries or death resulting from these risks inherent in travel, including adventure travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in the Product itinerary. You acknowledge and accept that standards of hygiene, accommodation and transport in some countries where Product tours take place are often lower than comparable standards and what you may reasonably expect in your home country or region.
4.9 You agree to take all prudent measures in relation to your own safety while on any our tour Product, including, but not limited to, the proper use of safety devices such as seatbelts, harnesses, and helmets, and obeying all posted signs, warnings and all instructions from our Lead Guide or representatives in relation to Participant health and safety. We, nor our Third Party Suppliers shall not be liable for any failure on your part to comply safety instructions or recommendations of us or ourThird Party Suppliers.
4.10 You agree that you have read all relevant pages of the Website and complied with all relevant obligations set out on the applicable “Before you go” page of the Website. You also agree that you have read and will comply with all relevant obligations set out on the applicable “On your trek” page of the Website.
4.11 You are responsible for bringing with you the proper clothing and equipment, which we advise you about on our website. If you need to hire any equipment you should notify us at the time of booking. If our Lead Guide does not believe you have proper equipment you must follow his advice to hire or buy the items required locally. You and/or all members of your group may not be allowed to start a climb/trek unless all members have proper equipment and in the event this applies, no refunds or compensation will be paid. You must take all prudent measures in relation to your own safety while on the trip including the proper use of safety devices such as seatbelts, harnesses, and helmets, and obey all health and safety related posted signs and warnings. You must also follow all such instructions from the Lead Guide and representatives. We shall not be liable if you fail to follow any such instructions, signs or warnings.
4.12 Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant embassies and/or consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
4.13 The visa and health requirements applicable to all countries are subject to change, and we advise that you check current requirements prior to your departure date. It is your responsibility to obtain and take with you all relevant documents for your travel arrangements prior to your departure date. We will not be liable if you cannot take part in your trip because of incorrect documents or failure to meet passport, visa or immigration requirements.
4.14 You agree that you are responsible for any costs incurred by us or our suppliers or our partners, as a result of damage, destruction, theft, or excess cleaning fees caused or occasioned by you while on tour. You agree to immediately report any pre-existing damage of this kind to staff of the accommodation, transportation service, or facility (as appropriate) and/or a Kandoo Adventures’ representative as soon as possible upon discovery by you.
4.15 You agree to bring any complaints regarding a Product to us as soon as possible in order to provide us with the opportunity to address such complaint properly. You agree to inform the Tour Leader or other designated Kandoo Adventures representative at the earliest opportunity, or to the Kandoo Adventures local Office Manager at the nearest location to the applicable Product tour, or to Kandoo Adventures’ Customer Service department directly. We assume no liability for complaints that are not properly brought to the attention of us with sufficient notice for us to resolve or attempt to resolve any complaints. Any complaint made after the completion of a Product tour must be received in writing by us via our agents and representatives or directly within 14 days of the end of the Product tour.
4.16 If you have a problem during your Product trip, you must inform your Lead Guide who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 14 days of your return home by writing to our Customer Services Department, Expedition Adventures Ltd., Errisbeg House, Barton Turn, Barton under Needwood, Staffs, DE13 8EB, United Kingdom, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. It is strongly suggested that you communicate any complaint to your Lead Guide without delay and complete a report form whilst on the tour. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint during your trip and this may affect your rights under this Contract.
4.17 This clause 4 shall survive termination of the Contract.
5 LEAD GUIDE AUTHORITY
5.1 Signing our booking form signifies your agreement to abide by the authority of the lead guide, who represents us (Lead Guide). The decision of the Lead Guide as to the conduct, itinerary and objectives of the Product tour is final. If, in the opinion of the Lead Guide, your behaviour or physical condition is detrimental to the safety, welfare of you or any member of your party (which are the paramount considerations), or any other customer of ours, or the Lead Guide, or if the Lead Guide considers the general well-being of anyone on your trip will be put at risk by you or any of your Group continuing with the trip, you and/or anyone in your group will be asked to leave the trip or tour without the right to any refund for unused services.
6 WE ARE NOT LIABLE FOR OUR THIRD PARTY SUPPLIERS
6.1 We make arrangements with accommodation providers, activity providers, airlines, cruise lines, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties (Third Party Suppliers) to provide you with the travel services and other services you purchase or which form the component parts of your Product Tour. Third Party Suppliers may also engage the services of local operators and/or sub-contractors for the provision of travel services that form part of the Product tour(s). Although we take all reasonable care in selecting Third Party Suppliers, we are unable to control Third Party Suppliers and do not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. Optional extras (which for the purposes of this section mean any activity, transportation, meal, or any other product or service not expressly included in the Product description or itinerary, or in the price of the Product) do not form part of the Product.
6.2 Optional activities, excursions or other tours that you may choose to book or pay for whilst you are on trip are not part of your trip provided by us. For any optional activity, excursion, or other tour that you book, your contract will be with the operator of the activity, excursion or tour and not with us. We are not responsible for the provision of the activity, excursion or tour, or for anything that happens during the course of its provision by the operator. The Participant agrees that any assistance given by the Lead Guide or other Kandoo Adventures’ representative in arranging, selecting, or booking any optional extras is purely at the request of the Participant, and we make no warranties regarding such information and expressly disclaim any liability whatsoever arising from any optional extras or participation in them by any Participant, or any information provided by any of our representatives or the Lead Guide regarding any optional extras. Accordingly, we are not liable for any claims and causes of action arising from any damage, loss of enjoyment, inconvenience, or injuries related to or arising from participation in or booking of any optional extras.
6.3 Any Participant using any optional extra services or activities as set out in clause 5.2 above shall be deemed to agree and consent that any liability for any loss, damages, death, personal injury, illness, emotional distress, mental suffering or psychological injury or loss of or damage to property shall be the sole responsibility of the provider of such service or activity.
6.4 If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures in the optional extras set out in clauses 5.2 and/or 5.3 above, or due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even though all due care had been exercised, or an event which we or such suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.
6.5 Occasionally luggage is lost or delayed by an airline and this can cause a major problem for a Product. You are advised to travel to the departure point in walking boots and carry essentials in your carry-on luggage. If luggage is delayed we will do everything to help, however, all additional out-of-pocket costs have to be paid locally and should be charged back to your airline or your insurers. This includes the cost of taxis for shopping and/or collecting items from the airport.
6.6 TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE ARE NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY OTHER THAN US AND OUR EMPLOYEES. 6.7 This clause 6 shall survive termination of the Contract.
7 MEDICAL CONDITIONS & MEDICAL FORM
7.1 All Participants must immediately provide all requested relevant medical information to us. The type of Product applicable to each Group, and the resulting medical requirements for all Participants, will be set out in the Booking Form. The types of Product are cultural trip (Cultural Trip), adventure trip (Adventure Trip) and expedition trip (Expedition).
7.2.1 You are taking part in an Adventure Trip or an Expedition, you agree that, prior to the Commencement Date, our medical form (Medical Form) must be completed by each Participant; and
7.2.2 any Participant indicates on the Medical Form that they have any pre-existing medical conditions which may, in our opinion, have an impact on their ability to complete activities included in the Product, their ability to travel to remote areas removed from medical facilities, or which may have any impact whatsoever on their ability to travel or the travel experience of others taking part in the Adventure Trip or Expedition; or
7.2.3 we decide for any reason that a Participant must provide further medical information and/or medical assurance to us; you and/or the relevant Participant must provide a medical certificate, duly completed and signed by a licensed, competent and practising physician (GP Certificate), to us upon request, and/or prior to or in conjunction with any final payment to us in respect of the Product.
7.4 We reserve the right to request further information or professional medical opinions in certain instances where it is deemed in the best interests of the Participant or necessary for the safe operation of the Products.
7.5 Your booking is accepted by us on the understanding that you realise and accept the risks and hazards potentially involved in adventure trips and that you are mentally and physically capable of undertaking your chosen trip.
7.6 You must tell us if you have an existing medical condition or disability that might affect your trip.
7.7 Many of our expeditions involve going to high-altitude or remote locations or poorly developed regions and carry an inherent risk of altitude illness. Similarly, most trips visit remote locations or poorly developed regions where infrastructure is limited. In such places, the risks to health are increased and the ability to treat injury or illness effectively is reduced. Additionally, anything that involves crossing glaciated terrain or snow-bound passes, are hazardous activities with a risk of serious injury or death. By signing the Booking Form and by embarking upon your Product trip, you acknowledge these hazards and your acceptance of the associated risks.
7.8 We retain the absolute right to deny you permission to travel or participate in a Product where we, acting reasonably and with regard to your health and safety or the health and safety of any other customers travelling with us, or our staff or representatives, believe that your participation would be potentially detrimental, difficult, dangerous, reckless or hazardous. In reaching our decision, we may use information provided in the Medical Form, GP Certificate, expert opinions, and/or other information. We may refuse to provide a Product and/or our services to Participants who are over 24 weeks pregnant or Participants with certain conditions, if suitable accommodation or alternative Products or services cannot be arranged. We will provide a written explanation for any such decision upon request from you but our decision will be final.
7.9 To ensure your safety and the safety of all Participants, it is essential that you complete Medical Form and/or GP Certificate on time. Failure to complete them for any reason by the deadline indicated by us from time to time, will result in us treating any such Participant’s booking as cancelled, and all applicable cancellation fees shall apply.
7.10 Our Products may not be suitable for all people due to restrictions posed by limitations in mobility, physical or cognitive disability, pregnancy or various other physical or mental conditions. You are solely responsible for assessing your suitability and capability to participate in a Product. You are encouraged to seek medical advice regarding your fitness to travel and participation in adventure travel. It is your responsibility to ensure that you receive all necessary or advisable vaccinations before you travel with us and to carry any medication or medical precautions (for example malaria tablets). We are not qualified and are unable to provide medical advice beyond basic first aid.
8.1 IT IS ESSENTIAL THAT ALL CLIENTS OBTAIN TRAVEL INSURANCE WITH A MINIMUM MEDICAL, EVACUATION, AND REPATRIATION COVERAGE OF £200,000 covering all applicable dates of any travel with us. The cost of the Product DOES NOT INCLUDE INSURANCE.
8.2 To take part in the Product all Participants must be covered by adequate insurance for the complete duration of your trip. Your insurance must include cover for all activities of your Product and for travel to the destination. Your insurance must cover you for the altitude specified in your itinerary for your Product, medical expenses, injury, death, cost of repatriation and evacuation via whatever means necessary including by helicopter and/or air ambulance. If, in the event of an emergency medical rescue or evacuation from a Product tour, either by foot, helicopter or otherwise, the responsibility for the payment of such costs will lie with you. Any subsequent costs incurred for expenses such as hotels, food, transport etc. shall also be borne by you. We reserve the right to cancel your booking at any time if you have not provided proof that adequate insurance cover is in place.
8.3 On the first day of each Product tour, the Lead Guide will verify that all Participants have such insurance in place, and if not, and cover cannot be obtained, the relevant Participant will be not be permitted to participate in the Product. If such Participant is a minor, an applicable adult Participant will also not be permitted to participate in the Product.
8.4 It is strongly recommended and encouraged that Participants also extend their coverage to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Participant.
8.5 Some standard insurances may not cover the type of activity included in the Product. When obtaining travel insurance, you must ensure the insurer is aware of the type of travel and/or activity to be undertaken.
9 PRICES, SURCHARGES AND TAXES
9.1 Due to the nature of adventure travel and the price of the resources upon which it depends, the published price of any Product is subject to change at any time, before or after booking confirmation, up to 30 days before the Commencement Date of such Product.
9.2 All prices are exclusive of applicable sales taxes.
9.3 We reserve the right to impose surcharges on any Product(s) (even after a confirmation invoice has been issued), but only for reasons arising from increases in transportation costs, fuel costs, dues, taxes, park fees, permit charges or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airport charges, local operator costs, currency and exchange fluctuations, increases in taxes, or government action which impacts the price of the applicable Product(s) (Disbursements). We shall only do this where the increase in question is greater than 2% of the original price paid for the Product (excluding add-ons, insurance, and taxes). We shall notify you as soon as possible.
9.4 In the event of an increase by us in accordance with clause 8.3 above, you may either:
9.4.1 cancel the applicable Product booking in accordance with clause 11.2 below; or
9.4.2 accept the change of price.
9.5 You must notify us of your decision within 7 days of receipt of notice of the increase. If you do not notify us, then you will be deemed to have accepted the price change.
9.6 We may offer reduced pricing or offers on selected Product tours. Any offers applies to new bookings. Any bookings that have already been confirmed are not entitled to any such offer.
9.7 If you choose not to use any services that are part of the Product, you will not be entitled to any reduction in or repayment of the price.
9.8 You must provide all necessary information requested by us along with your final payment. If you fail to provide such information prior to the day full payment is due in respect of the relevant Product, an administrative fee of £30 will be payable. In addition, if you fail to supply required information for certain Disbursements such as air tickets and Inca Trail permits, you shall bear all responsibility and liability for any failure to obtain or provide such information. All such information required by us will vary, depending on the type of Product, and the requirements will be communicated to you during the booking process.
9.9 We reserve the right to treat the Contract as cancelled and levy any cancellation fees deemed reasonable by us, if you fail to provide any of the information in accordance with clause 8.8 above.
10 SPECIAL REQUESTS, AGE REQUIREMENTS AND FAMILY TOURS
10.1 We will endeavor to accommodate any special dietary and/or other requests that you may have. However all Participants should be aware that many of our destinations, and in particular the Adventure Trips and Expeditions that we offer, do not always allow for such dietary and/or other requests to be met. Any such requests do not form part of these Terms or the Contract between us.
10.2 Participants aged 18 at the Commencement Date are deemed to be adults (Adult). On all Products a maximum of two minor Participants (Participants who are under the age of 18 (Minor)) must be accompanied by an Adult Participant. Unless otherwise indicated in the tour description, or otherwise by us, in respect of all Products, the minimum age for Participants is twelve (12) years old.
10.3 To travel on our open group, an Adventure Trip or an Expedition, all Participants must be an Adult prior to the Commencement Date.
10.4 All bookings that contain a Minor Participant or Minor Participants are subject to review and approval by us. Minors wishing to participate in an Adventure Trip shall be reviewed by Kandoo and be a private group booking only.
10.5 Each Adult travelling with any Minor Participants is joint and severally responsible for the behavior and wellbeing of all Minor Participant(s), and expressly accepts these Terms on their behalf.
10.6 In order to book any Products designated on our website, in relevant brochures, or otherwise indicated by us to be a “Family Tour”, Participants must be travelling as part of a “Family Unit”. A “Family Unit” shall consist of a group of two or more Participants, travelling and booking together, where at least one such Participant is a Minor in the care of at least one of the accompanying Adults. One Minor may accompany one or more Adults for the purposes of being considered a “Family Unit”. We reserve the right to cancel the booking of any Participants travelling or purporting to travel on a Family Tour who, in our sole discretion, do not properly constitute a Family Unit.
11 DEPOSITS AND DISCOUNTS
11.1 At time of booking a Product a non-refundable deposit of 20%, (or such lower amount as we might from time to specify as applicable) per Participant is due from the Participant to us. Such non-refundable deposit must be paid to us (Deposit) as set out in clause 10.2 below.
11.2 If the booking is made 60 days or less prior to the Commencement Date, full payment of the price for the Product is due at the time of booking.
11.3 We advise that you book any extensions, extra services or additional accommodation at the time you make your initial trip booking. Payment can be made by bank transfer or by cheque. If payment by card is required this is possible but the bank charges us 1.5% and this will be added onto the invoiced amount for payment. If payment is from an overseas bank account all charges must be paid by the Participants.
11.4 Should you cancel your booking (for any reason other than nonpayment or any other breach of these Terms), the Deposit, less any non-refundable Disbursements as set out in the Product itinerary, will be held as a “lifetime deposit” with us (Lifetime Deposit), subject to the full extent of these Terms. Lifetime Deposits have no expiry and may be applied, by the Participant who originally made the cancelled booking in respect of which such Lifetime Deposit was originally received, towards payment of a deposit on any other Product. The Lifetime Deposit has no cash value and is non-transferable. Only one Lifetime Deposit may be applied per Participant, per Product booked. All Lifetime Deposits must be applied to a new Product booking that is of equal or greater value than the Product in respect of which such Lifetime Deposit was originally received. A Lifetime Deposit may not be applied to the same or similar dates of travel or a Product at a price lower than the Product which was cancelled and/or in respect of which the Lifetime Deposit was originally received.
12 CANCELLATION BY THE PARTICIPANTS
12.1 You have the right to cancel your booking for 14 days. If the Commencement Date is less than 14 days after the date of the Booking Form, you must also sign the waiver of your right to cancel that is set out in your Booking Form. By signing and returning the waiver and the Booking Form, you are waiving this right to cancel.
12.2 You may cancel your booking by notifying us. The applicable cancellation fees shall be determined as follows:
12.2.1 Cancellation received 60 days or more before the Commencement Date: Disbursements will be retained by us, the Lifetime Deposit shall be held by us in accordance with these Terms, and the remainder of the payments made by you to us in respect of the cancelled Product shall be refunded to you.
12.2.2 Cancellation received less than 60 days before the Commencement Date: Disbursements will be retained by us, the Lifetime Deposit shall be held by us in accordance with these Terms, and an amount equal to 50% of the remainder of the payments made by you to us in respect of the cancelled Product shall be refunded to you.
12.2.3 Cancellation less than 30 days before the Commencement Date: Disbursements will be retained by us, the Lifetime Deposit shall be held by us in accordance with these Terms, and no refund shall be payable to you.
12.3 Note: if the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges from the insurance company.
13 FORCE MAJEURE & CANCELLATION OF A PRODUCT BY US
13.1 We guarantee all scheduled Products shall depart as scheduled (subject to reasonabe itinerary changes as contemplated elsewhere in these Terms). This guarantee is not applicable in Force Majeure situations.
13.2 If a Product tour is cancelled by us before the Commencement Date for reasons arising from Force Majeure or the fault or negligence of or within our reasonable control, you shall have the choice of:
13.2.1 accepting from us a substitute Product of equivalent or superior value, where such substitute is reasonably available; or
13.2.2 accepting from us a substitute Product of lower value if no Product of equivalent or superior value is reasonably available, and to recover from us the difference in price between the price of the Product originally purchased and that of the substitute Product; or
13.2.3 accept from us a full refund of all monies paid for the cancelled Product(s).
13.3 We are not responsible for any incidental expenses or consequential losses that the Participant may have incurred as a result of the cancelled booking.
13.4 If, for a reason outside of our control, we have to cut short your trip, no refund or compensation will be made for any unused hotel accommodation, hire equipment, air tickets or any other unused service or feature of the trip. In particular, we will not pay you compensation if we have to cancel or change your travel arrangements in any way because of Force Majeure. In these circumstances you will be responsible for any additional costs that you might incur whether for additional hotel accommodation or changes to flights.
14 IMAGES AND MARKETING
14.1 The Participant agrees that while participating in any Product tour, images, photos or videos (Images) may be taken by other Participants and/or our representatives and/or the Lead Guide that may contain or feature the Participant in part or in whole. The Participant acknowledges that they consent to any Images being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to us, our affiliates and assigns, to reproduce for any purpose whatsoever (including marketing and promotions), in any medium whatsoever, whether currently known or devised after the Commencement Date, without any further obligation to the Participant or compensation payable to such Participant.
14.2 Any Images may be used by us without charge in all media (whether now existing or in the future invented) for bona fide promotional materials of any kind, such as brochures, website, slides, video shows and the internet. You may withdraw this consent at any time by notifying us by email to [email protected],, telephone to 01283 499980 or post to Customer Services Department, Expedition Adventures Ltd., Errisbeg House, Barton Turn, Barton under Needwood, Staffs, DE13 8EB.
16 ABTA ARBITRATION SCHEME & ATOL
16.1 We are a member of ABTA (ABTA number Y2511). ABTA and ABTA members help our passengers to get the most from their travel and assist them if and when things do not go according to plan. This arrangement means your money will be refunded or you will be brought back to the point where your contracted arrangements with us commenced (where your contracted arrangements include return travel to the UK) if already abroad in the unlikely event of our being unable to provide your holiday due to our insolvency or company failure. Please go to www.abta.com for a copy of the guide to ABTA's scheme of Financial Protection. Certain Kandoo Adventures services, e.g. accommodation only, flight only or holidays sold outside the UK, may not be protected under this scheme. You should check with us to see if this protection applies to their booking.
16.2 We are obliged to maintain a high standard of service to you by ABTA's Code of Conduct. For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint or dispute arising out of your contract with Kandoo Adventures contact ABTA at 30 Park Street, London, SE1 9EQ or see www.abta.com. The arbitration scheme is arranged by ABTA and administered by the Centre for Effective Dispute Resolution (CEDR) independently. It is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs. The upper limit on claims is £5,000 per person and £25,000 per booking form. The scheme does not apply to claims which are solely in respect of physical injury or illness or their consequences. It can, however deal with claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within eighteen months of the date of return from holiday. For injury and illness claims, you can request the ABTA Mediation Procedure and Kandoo Adventures has the option to agree to mediation. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.
16.3 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. Our ATOL Number is 10957.
17.1 Kandoo Adventures reserve the right to update and/or alter these Terms at anytime, and shall post the amended Terms on the Kandoo Adventures Website. Any such amendment shall take effect 10 days following their posting to the Website. The latest Terms, as amended, may be accessed any time on Kandoo Adventures’ website athttp://www.kandooadventures.com/terms-conditions/, or will be sent to Participant upon their written request to Kandoo Adventures. Participants shall be deemed to have accepted any amendments to these Terms on the date that is 10 days after their posting on the Kandoo Adventures’ website. Kandoo Adventures recommends that all Participants refer to the Terms prior to their travel to familiarize themselves with the most up-to-date version hereof.
17.2 In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from these Terms or amended accordingly only to such extent necessary to allow all remaining terms and conditions hereof to survive and continue as binding. If any provision of these Terms is found to be so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision.
17.3 We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of our rights under the Contract and may subcontract or delegate in any manner any or all of our obligations under the Contract to any third party.
17.4 The Participants shall not, without our prior written consent, assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with all or any of their rights or obligations under the Contract.
17.5 If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
17.6 A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by us in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
17.7 A person who is not a party to the Contract shall not have any rights to enforce its terms.
17.8 The Contract is subject to the law of England and Wales. Any disputes arising from this contract are to be decided by the English courts. However, if you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.