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Terms and Conditions - Africa and Asia Venture

1. In these Terms and Conditions the expressions below shall have the meanings as ascribed to them:-

"The AV Adventure" means the AV Adventure as described and laid down in the Brochure of the Company (as hereinafter defined).

"The Company" means Africa & Asia Venture Ltd. whose registered office is 10 Market Place, Devizes, Wiltshire SN10 1HT (Registered No 2862313).

"The Client" means the Applicant whose details are stated on the AV Adventures Booking Form. The Client must be aged 18 years, or over, at the time of the start of the AV Adventure. (If under the age of 18 years on application then the person who has signed the Form of Indemnity in relation to the Applicant shall be bound by these Terms and Conditions until the Applicant reaches 18 years of age after which he/she shall be bound by these Terms and Conditions).

2. BOOKING:
Initial enquiries by the Client may be made by writing, telephone, facsimile or e-mail. The booking must be made by completing an official AV Adventures’ Booking Form and returning it with a cheque for £200 non-refundable registration fee.

3. CONFIRMATION:
The Company will acknowledge in writing receipt of the Booking Form. On receipt of the booking fee we will issue a confirmation, which shall be treated as an acceptance of the Client on the AV Adventure.

4. PAYMENT:
The balance of the payment of the AV Adventure is payable 42 days (6 weeks) before the scheduled date of departure. If the Company does not receive the balance of payment for the AV Adventure this will be deemed as a cancellation of participation by the Client.

5. ALTERATIONS OR CANCELLATIONS BY THE CLIENT:
Alterations by a Client already confirmed of a place on the AV Adventure can be considered by the Company up to 30 days prior to departure but cannot be guaranteed. As the AV Adventure is dependent on close working relationships with other service providers the Client is asked to inform the Company at the earliest opportunity if he/she wishes to make alterations in booking arrangements or is unable to continue taking part in the AV Adventure. Alterations cannot be made or considered less than 30 days before the date of departure. Alterations and cancellations must be made to the Company in writing. However, the Client should also advise the Company immediately of changes by telephone. The amount of refund in the event of a cancellation (including deemed cancellation) depends on when the Company receives written notification of the cancellation, or where appropriate, the day immediately succeeding the relevant due date:

• thirty days or more before the departure date: full refund of the price of the AV Adventure less the registration fee.
• between twenty-nine to twenty days before the departure date: 70% refund of the price of the AV Adventure less the registration fee.
• nineteen to ten days before the departure date: 50% refund of the price of the AV Adventure less the registration fee.
• between nine days and the departure date: 10% refund of the price of the AV Adventure less the registration fee.

Flights booked through AV and cancelled later than two months before departure will not be refunded.

 

6. ALTERATIONS OR CANCELLATIONS BY THE COMPANY:
The Company reserves the right to make minor changes to the AV Adventure but if the Company cancels or makes significant changes to the AV Adventure for any reasons after the Company has confirmed a place the Company will offer the Client the choice of:

• The altered AV Adventure
• A full refund of money paid less the registration fee

Cancellation during the course of the AV Adventure: the Company reserves the right to cancel an AV Adventure after it has started due to serious and unforeseeable circumstances such as "Force Majeure"*. In such a case the amount of any refund will be considered depending on the circumstances of the cancellation. The Company's liability in the event of cancellation at any time for any reason will be limited to offering the Client the choices detailed above and will not extend to the payment of sums in respect of consequential losses, costs, expenses or otherwise of the Client as a result of a cancellation by the Company or by the Client as a result of an alteration to the AV Adventure by the Company.

 

7. AIR TRAVEL:
Clients choosing to book flights three months in advance of departure may book through AV at group rates. For later bookings, or if the client wishes, they should arrange their own return air travel to Nairobi, Mexico City or Bangkok to rendezvous with the rest of the group at a time and place that will be notified.

 

8. LIABILITY:
The Company accepts responsibility for acts and/or omissions by its employees acting within the scope of or in the course of their contracts of employment. The Company does not accept responsibility in respect of death, bodily injury, or illness of a Client on the AV Adventure except where caused by the negligent acts and/or omissions of the Company's employees while acting within the scope of or in the course of their employment. Where loss arises from the non-performance or improper performance of the Company under the AV Adventure the liability of the Company is limited to the price of the AV Adventure. The Client (and parent/guardian if under 18 years of age when applying) is required to sign an Indemnity Form that is to be returned to the Company.

 

9. INSURANCE:
Personal accident, medical expenses, repatriation insurance, cancellation and curtailment insurance etc are the responsibility of the Client.

 

10. COMPANY SUPPORT:
The Company will give support throughout the AV Adventure from the Africa & Asia Venture in-country representatives.

 

11. EARLY TERMINATION OF CLIENT'S PARTICIPATION IN THE AV ADVENTURE:
The Company reserves the right to terminate a Client's continued presence on the AV Adventure without refund of any part of the cost of the AV Adventure if the Company in its absolute discretion considers the Client has failed to act in a reasonable and responsible manner towards himself/herself and/or to those whom may come into contact with the Client on the AV Adventure. In particular, but without limiting the generality of the foregoing, this shall include the taking of drugs (other than as prescribed by a general medical practitioner). Where appropriate the parent/guardian of the Client concerned shall be informed as soon as the Company has made a decision to terminate early the AV Adventure for that Client.

 

12. PRICE GUARANTEE:
The prices in the latest Brochure, which the Company reserves the right to increase or decrease at any time prior to confirming a place, are based on October 2007 exchange rates. The Company guarantees not to raise prices or to surcharge a Client after acceptance unless through exceptional circumstances such as inflationary pressure, exchange rates, transportation increases, additional taxes or government levy; or in the case of having to relocate an AV to a different country for security reasons thus requiring a flight change. Notwithstanding, the Company will keep any subsequent surcharge to a maximum of 10% of the price of the AV Adventure and no surcharge will be made less than thirty days before departure. The Company agrees to absorb the first 2% of any price increase.

13. CONTRACT AND COMPLAINTS:
The contract between the Company and the Client is made under English Law and the English Courts shall have exclusive jurisdiction. A Client who has a complaint during the AV Adventure should refer it immediately to the local representative of the Company. If the Client is not satisfied with the resolution of the matter, then within 28 days of the Client's return they are invited to discuss the complaint with the Company at the UK office. Unless there has been a valid report by the Client to the local representative the Company will not be liable. If the dispute cannot be settled to the satisfaction of the Client they may refer the complaint to the Trading Standards Authority or recognised Arbitration Authorities within 90 days.

 

14. DATA PROTECTION:
The Company complies with the obligations of the Data Protection Act 1984 and is registered as a Data User (registration number X3141600).

 

* "Force Majeure" means unusual and unforeseeable circumstances beyond the control of the Company, the consequences of which could not be avoided. For example: war, riots, civil strife, government military or terrorist activity, industrial disputes, natural or man-made disasters, fire, adverse weather conditions, levels of water in rivers or similar events beyond the control of the Company.