9. Leaving the Tour or First 48 Hours Package - If the Client leaves the Tour voluntarily before completion of the Tour, or is required to do so by the Company on the grounds that the Client's presence is detrimental to the safety or well-being of either the Client or the Tour, then all liability that the Company may bear to that Client will cease immediately, including the Client's right to any refund. The Company will have no responsibility for repatriation or any other expenses, which may arise out of such an event.
10. Limitation of Liability - The Tours operated or supplied by the Company have been designed to provide participants with an exposure to the true nature of the environment visited and therefore involve an element of potential risk and exposure to potential hazards over and above those associated with normal 'package' holidays. All bookings are accepted on the understanding that the Client appreciates such risk and hazards and that they undertake all tours, treks and other activities at their own volition.
i. Where the Client does not suffer personal injury, the Company accepts liability should any part of the Tour arrangements booked with the Company not be supplied as described on the Uncover the World websites and not be of reasonable standard. In such a case, the Company will pay reasonable compensation if the Client's enjoyment of the Tour has been adversely affected but will pay no compensation if there has been no fault on the part of the Company or its suppliers and the reason for the failure in the Tour arrangements was the Client's fault, the actions of someone unconnected with the Tour arrangements or could not have been foreseen or avoided by the Company or its suppliers even if all due care has been executed.
ii. Where the Client suffers death or personal injury as a result of an activity forming part of the Tour booked with the Company, the Company accepts responsibility unless there has been no fault on the Company's part or its suppliers and the cause was the Client's fault, the actions of someone unconnected with the Tour arrangements or one which neither the Company nor its suppliers could have anticipated or avoided even if all due care had been exercised.
iii. The Company's acceptance of liability to pay compensation pursuant to clauses 10(i) and 10(ii) is limited, in the case of air travel, rail travel, sea travel or hotel accommodation, to the amount set out in the provisions of, respectively, the Warsaw Convention as amended by the Hague Protocol 1955, the 1961 Berne Convention, the 1974 Athens Convention and the 1962 Paris Convention.
iv. The Company's acceptance of liability in clauses 10(i) and 10(ii) above is subject to assignment by the Client to the Company of the Client's rights against any agent, supplier or sub-contractor of the Company, which is in any way responsible for the unsatisfactory holiday arrangements or the Client's death or personal injury.
All Clients travelling on vehicles owned by the Company are covered by passenger liability insurance to a maximum of £1 million per incident.
This program is issued on the sole responsibility of the Company, and has been compiled with reasonable care. It is not issued on behalf of, and does not commit any airline whose flights form part of the arrangements. Where air travel on inclusive Tours in this program is available by scheduled carriers, their conditions of carriage limit their responsibility accordingly.
11. Personal Belongings - The Company shall not be liable for any loss of or damage to baggage, personal possessions, passports and other documents or any consequential loss resulting there from, and its staff or agents are not authorised to accept responsibility for their safekeeping. We strongly recommend that you to take out insurance against loss of or damage to personal belongings.
12. Flights -
All bookings for domestic flights offered as options to be paid for on arrival, are made with our local agents and not with the Company and do not form part of the Tour package.
All bookings for flights made with the Company in advance are covered by the Company’s ATOL (T7231). The payments you make for your flight are held by us (in our Trust Account) on behalf of the ATOL holder who is supplying your flight, until the date we pass the money to that ATOL holder. The ATOL holder supplying the flight will issue an ATOL confirmation invoice to confirm its contract with you. We will forward it to you no later than the day after it has been received. Cancellation rules & fees for flight bookings are set by the airline and our flight agents.
13. Insurance - Travel insurance is compulsory for all Clients undertaking any Tour. It should provide adequate protection for the full duration of the Tour to cover personal injury, medical expenses, repatriation expenses, loss of luggage and the expenses associated with cancellation or curtailment of a Tour. Failure to obtain travel insurance and supply the Company with the policy details, before the Tour commences, will constitute a breach of these booking conditions and result in the termination of the Contact, and all monies paid to the Company will be forfeit. If a Client becomes ill, all hospital expenses, doctors’ fees and repatriation costs are the Client’s responsibility and the Company shall not be liable for any refund of the Tour cost.
14. The Client's Responsibility - The Client will comply strictly with the laws and customs of all countries visited, whether in respect of health, immigration, exchange control, drugs or any other matter. The Client agrees to comply with all reasonable instructions of the Tour leaders, employees and agents. It is the responsibility of the Client to be in possession of a valid passport, visas, permits, necessary certificates, logbooks and medical certificates, as required by the Tour. The Company accepts no responsibility for change in visas or requirements for visas. The Company is not held responsible for the failure of a Client to obtain or produce the necessary visas, certificates, logbooks or medical certificates.
15. Age, Health and Fitness - All Clients must satisfy the Company and themselves, prior to confirmation of booking, that they are fit and able to undertake and complete their chosen Tour as outlined in the relevant itinerary details published on the website. Any Clients over the age of 60 may be required to submit medical proof of fitness on some Tours, prior to confirmation. No unaccompanied minors (under 18 years of age) are accepted on any of the Company’s Tours. Any Client with an illness or disability, or undergoing treatment for such a condition must declare the exact nature of the condition at the time of booking and make provision for any treatment or medication required during the Tour. Any failure to make this disclosure will constitute a breach of these booking conditions and result in the termination of the Contact, and all monies paid to the Company will be forfeit. On Tours that include any activities or travel in or on water including diving, cruises, sailing, rafting or any other transfer by boat, the Client must declare at the time of booking if they are unable to swim. Clients unable to swim will not be excluded from a Tour, with the exception of a rafting Tour, but rather the Company will take additional precautions, where necessary, to ensure the safety of the Client. In the case of diving and rafting, any Client unable to swim will be excluded from the Tour. Before commencing any diving Tour is the Client must declare that they have met the requirements of a standard PADI diving medical questionnaire. Any failure to make these disclosures will constitute a breach of these booking conditions and result in the termination of the Contact, and all monies paid to the Company will be forfeit.
16. Personal Information -
The Company holds a data protection registration and complies with the Data Protection Principles to manage your personal information. By completing the booking form you agree that, if necessary, the Company may pass your contact details and numbers and other relevant personal information to any third party connected with the operation of the specific Tour on which you have booked. This information will not be used for any other purpose by the third party, nor will be passed to any other parties. Please note that airlines are required by new laws introduced in the US and other countries to give border control agencies access to passenger data. Accordingly any information we hold about you and your travel arrangements may be disclosed to the customs and immigration authorities of any country in your itinerary.
Any comments, likenesses or images of you secured or taken on any of our Tours may be used by the Company without charge in all media (whether now existing or in the future invented) for bona fide promotional or marketing purposes, including without limitation promotional materials of any kind, such as brochures, slides, video shows and the internet.
17. Pricing Policy - The Companies current prices are as indicated on the website at the time of booking and, along with any discounts or promotions offered by the Company, are deemed correct only upon written confirmation from the Company.
18. Surcharges - The Company reserves the right to alter the price of any Tour by up to 10% prior to departure, due to currency fluctuation, government action, increase in transportation costs etc. In the event of an increase of more than 10% the Client may cancel the Tour within 7 days of notification by the Company and receive a full refund of the Tour price. The Company guarantees not to increase its Tour prices within 28 days of departure. Local payments, where relevant are based on estimations of cost at the time of preparation of the itineraries and occasionally price increases or currency fluctuations may make it necessary to vary contributions prior to departure or to request an additional contribution en route. Any increase will not exceed 25% of the published local payments.
19. Acceptance of Risk - Clients are only accepted on the understanding that they accept, appreciate and understand the possible risks of adventure travel and that they agree to take these risks of their own free-will. Also that, in many areas in which the Company operates, standards of hygiene, accommodation facilities, safety and law enforcement may be very poor or less than those in major western countries, to which the Client may be accustomed.
20. Complaints - If the Client has a complaint against the Company during a Tour, the Client must first inform the Tour leader, rep or agent who will endeavour to resolve the matter. Any further complaint must be put in writing to the Company within 28 days of the end of the Tour.
21. The Contract - The Contract is to be constructed, and any dispute between parties determined, under the laws of England and Wales. Disputes to be subject to the sole jurisdiction of the Courts of England and Wales.
22. Information - Information, prices and advice given by the Company on the website, itineraries and advertising is given in good faith and is accurate as far as is reasonably possible at the time of publication.