Terms and conditions

Epic Adventures Events Booking Conditions

These booking conditions form the basis of your relationship with:

Epic Adventures International Ltd (EA )a company incorporated and registered in England and Wales with company number 11216783 whose registered office is at The Old Astra Cinema, The Street, Great Bricett, IP7 7DN (“EA”)

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

 

1. Definitions
   • In this agreement, the following words shall have the following meanings unless the context otherwise requires: –
     • “Deposit” means the non-refundable fee payable by you to EA when you sign up to the Event, as set out in the Brochure;
     • “Balance due date” the due date for paying the outstanding balance of your Event Fee.
     • “Brochure” means the brochure which is attached to the Registration Form which describes the Event;
     • “Event” means the event in which you will participate in, all accommodation, vehicle hire and all other services which EA contractually agrees to provide or arrange for you, as set out in the Brochure;
     • “Ground Only” means the event is ground only, you are responsible for getting to the start point and on completion of the event responsible for your onward travel.
     • “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;
     • “Organiser” means the organiser as defined by the Package Travel Regulations;
     • “Tour leader” means an employee of EA or a subcontracted third party, responsible for guiding the Event team while in-country;
     • “The Client” will comply with all legislation, visa requirements and immigration, customs and foreign exchange regulations of the countries visited at their expense. Should there be any failure to comply or any contravention by the Client of such laws, requirements or regulations, subject to the provisions of these Terms and Conditions, the Company shall have the right to require the Client to leave the tour without recourse to refund or other compensation.
     • “Surcharge” means a charge which will become payable should the Trip Cost increase as set out in clause 8;
     • “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 EA for the Event as set out in these Booking Conditions;
     • “Departure Date” means the advertised date of departure, clearly stated in the Event title, confirmation correspondence. This date applies as you are responsible for arranging your own flights and transport to the Event start point; and
     • “you” and “your” refers to the client named on the Registration Conditions.

2. Organisation of Event
   • EA’s responsibilities are limited to the provision of the Event (Ground Only) in accordance with these Booking Conditions.
3. Booking, Payments, Confirmation and Nature of Donations
   • You must pay to EA the deposit Fee. This is part of the Trip Cost.
   • To make a booking for an escorted tour with the Company the Client must complete an online booking form and submit a deposit of £400.00 or 20% of the tour cost per person, whichever is specified by the Company.
   • The Contract between the Company and the Client will come to effect and be binding on both parties with effect from the date that notification of the acceptance of the deposit has been sent by the Company to the Client.
   • We reserve the right for whatsoever reason to return the deposit to you and refuse acceptance of your application for booking at any time, including after the commencement of the tour, subject to as otherwise expressly provided within these Terms and Conditions.
   • EA shall use all reasonable endeavours to secure your place on your chosen Event, subject to availability.
   • The Trip Cost balance is payable 90 days before the Event and is used to secure in country resource’s on your behalf, upon you meeting the conditions outlined in clause 4.
   • The Trip Cost will be accepted by EA as payment for the provision to you of the in-country Event costs accommodation and all in country travel services comprised in the Event.
   • The Trip Cost monies will be held by EA on behalf of and for the benefit of client at all times, but subject to EA’s obligation to pay them to in country operators so long as the in-country operator does not fail.
   • If the in-country operator fails, any Trip Cost monies held at that time by EA (or subsequently accepted) are and continue to be held by EA on behalf of and for the benefit of the client without any obligation to pay such monies to the in-country operator.
   • EA has no obligation to you until EA confirms your place.
4. Minimum Numbers
   • Please note that each Event has a minimum number of clients required for its operation. An Event may be cancelled due to insufficient numbers up to 30 days prior to the Departure Date or levy a surcharge which may be paid by the client, as outlined in clause 8. In these circumstances you will be offered an alternative Challenge Event, if available.
5. Changes to the Event
   • EA start planning the Event many months in advance. Occasionally, EA have to make changes to a planned Event both before and after bookings have been confirmed. Whilst EA always endeavour to avoid changes and cancellations, they reserve the right to do so.
   • EA may have to make a “significant change”. A significant change is a change made before departure which, taking account of the information you give EA at the time of booking and which EA can reasonably be expected to know, EA can reasonably expect to have a major effect on the Event.
   • Significant changes are likely to include the following changes when made before departure:
     • a change of accommodation area for the whole or a major part of the time you are away;
     • a change of outward departure time or overall length of time you are away of twelve or more hours;
     • a change of UK departure point to one which is more inconvenient for you; and
     • in the case of tours, a significant change of itinerary missing out one or more major destinations substantially or altogether.
   • If EA have to make a significant change or cancellation, EA will tell you as soon as possible. If there is time to do so before departure, EA will offer you the choice of the following options: –
     • (for significant changes) accepting the changed arrangements;
     • taking part in a similar, alternative Event if available; and
     • cancelling or accepting the cancellation. Please note:
       • the deposit Fee is non-refundable.
     • Please note, the above options are not available where any change made is a minor one, i.e. it is not a significant change.
     • If EA has to make a significant change or cancellation, EA 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: –
       • EA will not pay compensation and will not accept liability beyond offering the choices in clause 3, where EA is forced to make a change or cancel as a result of Force Majeure or where EA is forced to cancel due to the minimum number of clients required for the Event not being reached; and
       • EA will not pay compensation and will not offer the options in clause 3 if EA cancels as a result of your failure to comply with any requirement of these terms and conditions entitling EA to cancel (such as paying on time), or if the change made is a minor one.
     • If EA is forced by Force Majeure to change or terminate the Event after departure but before your scheduled return, EA will be unable to make any refunds, pay you any compensation or meet any costs or expenses you incur as a result.

6. Flights
   • EA is only responsible for ground only. Flights are not included.
7. Revision of Trip Cost
   • 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 in country provider which form part of your Event together with any other amounts payable to EA for the Event [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.]
   • Please note once the Trip Cost has been confirmed at the time of registering, EA may revise it upwards or downwards. EA will only upwardly revise it if EA’s costs increase as a result of
   • (a) transportation costs (including fuel);
   • (b) dues, taxes or fees payable for services such as fuel taxes or national taxes
   • (c) changes in the exchange rates which have been used to calculate the cost of the Event.
   • Surcharges will not be applied:
   • (a) within 30 days of the departure date for your Event; or
   • (b) if the amount of the surcharge is less than 2% of the Trip Cost.
   • 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 Fee. EA will advise you where this is the case. Alternatively, you can choose to participate in another Event from EA as referred to in clause 6 above.]
8. Cancellation by you
   • You acknowledge that payment for the Event is a fundamental part of the Events income and contributes to the overall cost of, running costs, equipment, administration and staffing etc, and that EA will have incurred the largest part of its costs before the actual Date of Departure. Cancellation by you must be in writing.
   • Deposits are non-refundable. If you cancel your booking, cancellation charges will be imposed as shown below
   • The Client will pay the balance of the tour price and any visa cost (where applicable) no less than 90 days before the Departure Date. If the booking is made less than 90 days before the relevant Departure Date the Client must pay the tour price in full on booking.
   • In the case of international payments the Client will ensure that the full GBP Sterling amount is received by the Company after all bank charges and any interest rate fluctuations have been levied.
   • Failure to pay the Balance of Payment when due
   • If the balance of the monies due from the Client to the Company is not paid 90 days prior to departure, we will treat the Contract as cancelled by the Client and retain the deposit.
   • All cancellations must be in writing and be made by the person who submitted the booking form.

 

• After the Departure Date, no refund for any unused portion or part of the tour or services to be provided will be given. If the Client of their own volition makes any alteration to or departs from, any portion of part of the tour, such alteration or departure will be entirely at the Client’s expense and liability and the Client will forthwith communicate in writing the reason for leaving to the tour guide.

9. Amendments to booking & brochures
   • Should you wish to make any changes to your confirmed booking, you must notify EA in writing as soon as possible. Whilst EA will endeavour to assist, EA cannot guarantee it will be able to meet any such requests. [Where EA can, an amendment fee of £95 per person will be payable together with any costs incurred by EA and any costs or charges incurred or imposed by any of EA’s in country suppliers.]
   • You are responsible for changes to your chosen flight option are possible based on availability and costs, plus any additional costs or fees levied by the airline.
   • Normally, no changes are possible within 8 weeks of your Departure Date. Changes requested after this date cannot be guaranteed as monies have been paid to in country suppliers
   • EA may, as required, make changes to the Brochure by electronic, written or other methods. You will be notified of any such changes via the e-mail provided during registration.
10. Special Requests
    • If you have any special request, you must advise EA in writing at the time of booking. Although EA will endeavour to pass any reasonable requests on to the relevant supplier, EA regrets it cannot guarantee any request will be met unless EA have specifically confirmed this. For your own protection, you should obtain confirmation in writing from EA that your request will be complied with (where it is possible for EA 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.
    • EA 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.
11. Event Participation and Responsibility
    • The Event may involve hazards which are inherent to the activities involved in it. These inherent hazards increase the risk to clients of personal injury, death, illness, and/or loss or damage to property. By making your booking with EA you acknowledge and accept the inherent hazards and the assumption of risk involved in the Event. Our trips are, by definition, adventurous. We provide you with adventurous and cultural experiences outside that to be expected in hotels and other mainstream facilities, and you accept that assumption EA’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.
12. Equipment
    • If you take your own equipment on a Event you are responsible for any charges for transportation levied by the airline including excess baggage.
13. Flight delays
    • EA 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. EA’s liability to you is set out in clause 24.
    • EA cannot accept responsibility for any delays as a result of late check-ins, or passenger behaviour.
14. Travel Insurance
    • Travel insurance, including cover for baggage, is mandatory for all clients whilst on a Event organised by EA. Other than liability arising from negligence in respect of death or personal injury caused by EA or its staff, you travel, together with your personal property including baggage, solely at your own risk at all times.
    • You are responsible to arranged travel insurance you are responsible for ensuring that you have adequate private travel insurance, with protection for the full duration of the Event 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 Event. You are responsible for providing proof of this cover to EA; failure to do so by its deadline may result in you may not be permitted to continue, with no right of refund. If you join the Event without adequate insurance you may not be permitted to continue, with no right of refund.
    • You must satisfy yourself that any travel insurance arranged through you meets your requirements and you should arrange supplementary insurance if need be. 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 clients are personally responsible for informing insurance companies of any pre-existing conditions. Any pre-existing medical conditions not divulged to you insurer may invalidate your insurance policy any you will be responsible for medical costs
    • You must submit full details of your travel insurance to EA no later than 8 weeks before the Departure Date of your Event.
15. Your conduct
    • You must not do anything or fail to do anything which is reasonably likely to bring EA into disrepute whether before, during or after the Event.
16. Your fitness & Our Medical Questionnaire
    • You are responsible for ensuring you are in a good state of fitness and will be ready for your Event. It is your responsibility to read the promotional materials, trip information packs, and e-mails EA provide, and to abide by EA’s guidance given. EA reserves the right to refuse participation to anyone believed to be unfit to participate.
    • EA requires a completed medical questionnaire from all clients who declare a pre-existing medical condition. Your booking will be conditional on you completing this as part of your on-line sign-up process. EA may also request further information as necessary from your doctor. This form must be completed & returned to EA no later than 8 weeks before the Departure Date. See also clause 19.1.
17. Passport, vaccinations and visas
    • You are responsible for arranging, and must be in possession of, a valid passport according to the event countries requirements (If in doubt please check with EA) any visas and vaccination certificates required for the whole of your Event. Information given by EA 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 Event and to do so well before the departure date. If you are denied boarding of a flight, or entry to the destination country, due to a fault with your visa or your passport, EA cannot be held responsible and no refunds will be payable.
18. Your information
    • You must ensure that all information you give EA is complete, true and accurate. If you fail to do so in any material respect, EA may cancel your booking and keep the deposit Fee you have paid. See also clause 24 “RA’s Liability.”
    • Where necessary EA provides the personal information given by you to the various suppliers who provide each element of the Event (for example in country head suppliers for medical and dietary requirements).
    • EA will also use your personal details in order to send you further information regarding EA. If you do not wish EA to use your details in this way, please let EA know. A full data protection statement is available on the request, EA agrees to abide by that statement. For the avoidance of doubt, EA shall be data controller in common in respect of the processing of your personal data in accordance with the terms of the Data Protection Act 1998.
19. Complaints
    • We will always endeavour to resolve a complaint as it arises. In order to do this we need to be made aware of the complaint
    • Should you have a complaint about any part of the Event, you must tell both the relevant supplier and the tour leader at the time. It is only if EA and the relevant supplier know about problems that there will be the opportunity to put things right. You should make a member of our team aware of your complain as soon as possible. You can do this by speaking with your guide, or by contacting EA in the UK using the means provided to your team leader or otherwise.
    • In the event of any illness, clients must notify a representative of EA immediately, either in person or by telephone or electronic means. If you inform your team leader, they must then notify us using the same means as soon as practicably possible, and proactive steps will then be initiated appropriate to the reported illness.
    • Any complaints must be communicated to our team in writing immediately while on tour and to the EA email info@epic-adventures.co.uk 7 days after the end of the event.
20. Clients
    • EA 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 EA ought properly to decline your participation. EA’s decision on your participation shall be final and binding. EA however will not exercise this right without having clear grounds to do so.
    • When you book with EA, 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 EA (together with EA’s own and the other party’s full legal costs) as a result of your actions.
    • You acknowledge that there is a significant element of personal risk in participating in the Event. The Client accepts and consents to the personal risks inherent in the implementation of this Contract and accepts the limitations of the EA liability set out herein as being reasonable. EA reserves the right at any time to require the Client to produce a doctor’s certificate certifying that the Client is fit to participate in the tour.
21. Tour Leader
    • You agree to abide by the authority of the leader, who represents EA. The decision of the leader as to the conduct, itinerary and objectives of the Event 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 Event, you may be asked to leave the Event without the right to any refund for unused services.
    • If your physical condition or behaviour is such as to affect the well-being of yourself or other members of the group, and/or if you are being obstinate or in any way, in a Tour Leader’s sole and absolute opinion, affecting or potentially affecting another Client’s enjoyment of the tour, you may be asked to leave the tour without any right to refund.
22. Foreign and Commonwealth Office Advice
    • The Client acknowledges that they are responsible to make themselves aware through Foreign Office advice, State Department warnings and any other sources available to them in regard to the safety of the countries and areas in which they will be travelling and to make their decisions accordingly.
    • Whilst we will do our best to inform clients of relevant changes to the FCO Travel Advice (www.fco.gov.uk), it is up to the Client, and not the Company, to know what the FCO travel advice to a certain country, or region of a country, is and to be adequately insured to travel there. The Company accepts no liability if the Client a) chooses to cancel a booking because of FCO advice or b) is not adequately insured to travel.
23. Liability
    • You acknowledge that there is a significant element of personal risk in participating in the tour. The Client accepts and consents to the personal risks inherent in the implementation of this Contract and accepts the limitations of the Company’s liability set out herein as being reasonable. The Company reserves the right at any time to require the Client to produce a doctor’s certificate certifying that the Client is fit to participate in the tour.
    • We reserve the right for whatsoever reason to return the deposit to you and refuse acceptance of your application for booking at any time, including after the commencement of the tour, subject to as otherwise expressly provided within these Terms and Conditions.
    • EA accepts no liability for you missing the meeting point, and subsequently missing any outbound or inbound flights, due to flight or airport transfer delays. No refund is payable under these circumstances.
    • EA accepts 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. EA 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:
      • your negligent act or omission or that of another member of the Group
      • 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
      • Force Majeure.
    • Nothing in this clause shall exclude or limit EA’s liability for death or personal injury caused by their own negligence.
    • Subject to clauses 24.4.1 to 24.4..3 above, EA’s total liability (which includes the liability of its employees and agents) to you arising out of or in connection with the Event or these Booking Conditions shall be limited a sum equal to clients Ground Trip Cost.
    • EA makes every effort to ensure that the Event is safeguarded from terrorism by relying upon the best available advice at the relevant time However, EA 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. EA expressly excludes 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.
    • You acknowledges that you are responsible to make yourself aware through Foreign Office advice, State Department warnings and any other sources available to them in regard to the safety of the countries and areas in which you will be travelling and to make their decisions accordingly.

 

• Whilst EA will do our best to inform clients of relevant changes to the FCO Travel Advice (www.fco.gov.uk), it is up to the Client, and not the Company, to know what the FCO travel advice to a certain country, or region of a country, is and to be adequately insured to travel there. The Company accepts no liability if the Client a) chooses to cancel a booking because of FCO advice or b) is not adequately insured to travel.

 

• In consideration of participating in the event, the Client represents that they understand the nature of this event and that they are in good health and in proper physical condition to participate in such a event. The Client acknowledge that if they believe event conditions are unsafe they will immediately discontinue participation in the event.

 

• The Client fully understands that this event involves risk of serious injury, which may be caused by their own actions or inactions, those of others participating, the conditions in which the event takes place, or the negligence of the “Release’s” named below; and that there may be other risks either not known or not readily foreseeable at this time and they fully accept and assume all such risks and all responsibility for losses, costs and damages they incur as a result of their participation in the event.

 

• The Client hereby release, discharge and covenant not to sue Epic Adventures International Ltd, its respective administrators, directors, agents, officers, volunteers and employees, other participants, any sponsors, advertisers, (each considered one of the “RELEASEES’ herein) from all liability, claims, demands, losses or damages on their account caused or alleged to be caused in whole or in part by the negligence of the “release’s” or otherwise, including negligent rescue operations and they further agree that if, despite this release, waiver of liability and assumption of risk they, or anyone on their behalf, makes a claim against any of the Release’s they will indemnify, save and hold harmless each of the Release’s from any loss, liability, damage or cost, if any, which may incur as the result of such claim.

 

• The Client has read this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT and understands that they have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect.

24. Promotional Material
    • EA reserve the right to use, without payment, any photographs and images taken at the event-related occasion by its employees or suppliers or forwarded by any person on the Event or connected to the Event, in its brochure, on its website, in its social network marketing activities or for use in any other relevant promotional material.
25. 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 EA (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 EA must be dealt with by the Courts of England and Wales only.
26. Release and waiver of Liability, Assumption of risk and Indemnity Agreement.
    • In consideration of participating in the Tour/Activity, the Client represents that they understand the nature of this Tour/Activity and that they are in good health and in proper physical condition to participate in such a Tour/Activity. The Client acknowledge that if I believe event conditions are unsafe they will immediately discontinue participation in the Tour/Activity.
    • The Client fully understands that this Tour/Activity involves risk of serious injury, which may be caused by their own actions or inactions, those of others participating, the conditions in which the event takes place, or the negligence of the “Release’s” named below; and that there may be other risks either not known or not readily foreseeable at this time and they fully accept and assume all such risks and all responsibility for losses, costs and damages they incur as a result of their participation in the Tour/Activity.
    • The Client hereby release, discharge and covenant not to sue EA, its respective administrators, directors, agents, officers, volunteers and employees, other participants, any sponsors, advertisers, (each considered one of the “RELEASEES’ herein) from all liability, claims, demands, losses or damages on their account caused or alleged to be caused in whole or in part by the negligence of the “release’s” or otherwise, including negligent rescue operations and they further agree that if, despite this release, waiver of liability and assumption of risk they, or anyone on their behalf, makes a claim against any of the Release’s they will indemnify, save and hold harmless each of the Release’s from any loss, liability, damage or cost, if any, which may incur as the result of such claim.
    • The Client has read this release and waiver of liability, assumption of risk and indemnity agreement and understands that they have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect.
27. Foreign and Commonwealth Office Advice
    • The Client acknowledges that they are responsible to make themselves aware through Foreign Office advice, warnings and any other sources available to them in regard to the safety of the countries and areas in which they will be travelling and to make their own decisions accordingly.
    • Whilst we will do our best monitor and to inform clients of relevant changes to the FCO Travel Advice (www.fco.gov.uk), it is up to the Client, and not EA, to know what the FCO travel advice to a certain country, or region of a country, is and to be adequately insured to travel there. EA accepts no liability if the Client
      • a) chooses to cancel a booking because of FCO advice
      • b) is not adequately insured to travel.

Date: 27/10/18