AFRICA & ASIA VENTURE LTD
1. In these Terms and Conditions the following expressions shall have the following meanings: –
1.1. “The Program(s)” means the program(s) as described on the Company’s website from time to time or, in the case of bespoke programs, in specific documentation produced by the Company;
1.2. “The Client” means the applicant whose details are stated on the Application Form (if under the age of 18 years on application then the parent or guardian must sign the Form of Indemnity in relation to the applicant and 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);
1.3. “Program Price” means the price of the Program for which the Client is accepted by the Company and as detailed by the Company at the time the Client is offered a place on the Program. (For the avoidance of doubt, the Program Price does not include flights, visas, insurance etc.)
2.1. Initial enquiries by the Client may be made in person, in writing, by telephone, e-mail or via the Company’s website. An application must be made by completing the official Application Form on the Company’s website. The Company will acknowledge receipt of the Application Form but this shall not be treated as acceptance by the Company of the Client on the Program.
3.1. Confirmation of a place on the Program will only take place after successful completion of an interview between the Client and the Company, receipt by the Company of a non-refundable Registration Fee of £300, proof of satisfactory medical condition (if/when required) and receipt of the Company’s standard form of acceptance letter and indemnity signed by the Client and, in the case of those aged under 18, countersigned by a parent or guardian.
4.1. A registration fee is payable within 14 days of the Company notifying the Client of acceptance of a place on the Program. An interim payment of £500 is required to be paid 180 days prior to the planned departure date of the Program. The final balance of the Program Price, as specified in the Company’s invoice, is payable no later than 90 days before the scheduled date of departure. If the Company does not receive the registration fee, the interim payment or the final balance of the Program Price by the due date on or before the relevant due date, this will be deemed as a cancellation of participation in the Program by the Client.
5. ALTERATIONS OR CANCELLATIONS BY THE CLIENT
5.1. Changes requested by the Client already confirmed on a Program can be considered by the Company up to 60 days prior to departure but cannot be guaranteed. As the Program is dependent on close working relationships with schools, communities and other service providers, Clients are asked to inform the Company at the earliest opportunity if they are unable to continue taking part in the Program. Alterations cannot be made or considered less than 60 days before the date of departure. Cancellations and alterations must be made to the Company in writing. The amount of refund in the event of a cancellation (including deemed cancellation) depends on when the Company receives written notification of the cancellation and shall be calculated as follows: –
5.1.1. 60 days or more before the Program’s departure date – 90% of the Program Price after deduction of the non-refundable Registration Fee.
5.1.2. Between 59 to 28 days before the Program’s departure date – 70% of the Program Price after deduction of the non-refundable Registration Fee.
5.1.3. 27 to seven days before the departure date – 50% of the Program Price after deduction of the non-refundable Registration Fee.
5.1.4. Between six days and the departure date – 10% of the Program Price after deduction of the non-refundable Registration Fee.
6. ALTERATIONS OR CANCELLATIONS BY THE COMPANY
6.1. The Company reserves the right to make changes to the Program but if the Company cancels or makes fundamental changes to the Program for any reason after the Company has confirmed a place, the Company will offer the Client the choice of:
6.1.1. The altered Program.
6.1.2. An alternative Program;
6.1.3. A full refund of money paid less the non-refundable Registration Fee.
6.2. The Company’s liability in the event of cancellation due to changes to the Program made by the Company at any time prior to the departure date of the Program 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.
6.3. In the event that the Foreign and Commonwealth Office and / or the US State Department advise against travel to or within any particular country before any Program starts or during one, the company reserves the right to make any necessary changes to any such Program so affected. (In such circumstances the Company will contact the Client and the Client’s family.)
7. AIR TRAVEL
7.1. The Client may arrange flights independently or through the Company’s preferred travel management partner.
7.2. The Company will notify the Client of the date, time and location to rendezvous with the rest of the group on the Program.
7.3. The Client is strongly recommended not to make any booking until the Company confirms that he/she should do so.
8.1. The Client’s application is accepted on the understanding that he/she appreciates the possible risks inherent in adventure travel and undertakes the Program at his/her own risk and volition.
8.2. The Company undertakes to use all reasonable skill and care in the preparation of the Program and in the choice of providers of services and equipment where the Company is not itself providing such services and/or equipment. The Company cannot and does not accept any liability for the actions or omissions of any third party providers of services and/or equipment.
8.3. The Company accepts responsibility for acts and/or omissions by its employees acting within the scope of or in the course of their contract of employment. The Company does not accept responsibility in respect of death, bodily injury or illness of or by a Client on the Program 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 Program the liability of the Company is limited to the Program Price.
8.4. The Company’s liability will not extend to the payment of sums in respect of consequential losses, costs, expenses or otherwise of the Client.
9.1. The Company recognises the importance of thorough and comprehensive travel insurance (including personal accident, medical expenses, repatriation insurance, cancellation and curtailment insurance, and loss of equipment) and all Clients must take out appropriate cover. Clients should be insured for all the activities likely to be undertaken and the Company strongly suggests that Clients consider cover for white-water-rafting to level 5, scuba diving to 30 metres and trekking to 6,000 metres. All policies must include aero-medical evacuation to the Client’s home country in the unlikely event that this is necessary. Clients must also check that there is a 24/7 telephone worldwide service that will provide immediate assistance in case of need. In the event that a Client does send the Company a copy of their policy, the Company will only extract the information needed.
9.2. Before departure, the Company will ask the Client for the insurance provider, the policy number and the 24-hour emergency telephone number.
9.3. In accordance with “The Package Travel, Package Holidays and Package Tours Regulations 1992” all Clients booking with the Company are fully protected for all monies paid to the Company, including repatriation if necessary, arising from cancellation or curtailment of their travel arrangements due to the insolvency of the Company. For these purposes, the Company protects Clients’ money via a non-statutory trust account with Lloyds Bank plc. Details are available on request.
9.4. Clients from the USA will take out cover with insurers approved by American Gap Association (www.americangap.org/).
10. COMPANY SUPPORT
10.1. The Company will give management support to the Client from the UK office and through an in-country representative during the Program. This support will include an initial in-country induction course and 24/7 assistance. Whilst the Company has no obligation to do so it will give such reasonable assistance that it can to a Client during any independent travel period either before or after the Program whilst the Client is travelling in the same country as the Program.
11. EARLY TERMINATION OF CLIENT’S PARTICIPATION IN THE PROGRAM
11.1. The Company reserves the right to terminate a Client’s continued presence on the Program without refund of any part of the Program Price if the Company in its absolute discretion considers the Client has failed to act in a reasonable and responsible manner towards himself/herself, other people on the Program and/or to those who may come in contact with the Client on the Program. In particular but without limiting the generality of the foregoing this shall include the taking of illegal drugs (those other than as prescribed by a general medical practitioner) or generally poor or inconsiderate behaviour, whether or not caused by excessive alcohol consumption. For the avoidance of doubt, in the event that the Company terminates the Client’s participation in the Program the Client shall not be entitled to any refund of any monies paid to the Company.
12. PRICE GUARANTEE
12.1. Program prices may change from time to time. The Company guarantees not to raise prices nor to surcharge a Client after acceptance other than in exceptional circumstances such as inflationary pressures, exchange rate movements, transportation increases, additional taxes, government levy or, in the case of having to relocate the Client to a different country for security reasons, a flight change.
13. CONTRACT AND COMPLAINTS
13.1. 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 Program should refer it immediately to the local representative of the Company.
13.2. If the Client is not satisfied with the resolution of the matter, the Client must, within 28 days of the end of the Program, discuss the complaint with the Company at the United Kingdom office. If the case is still not resolved satisfactorily it may be referred to the Independent Dispute Settlement Service, promoted by the Year Out Group, which offers a quick service in adjudicating any complaints. Alternatively, the Client may refer the matter to the Trading Standards Authority or recognised arbitration authorities within 90 days of the end of the Program.
14. INDEMNITY BY CLIENT
14.1. The Client will indemnify from time to time and on demand and hold harmless the Company from and against all and any proceedings, claims, costs, damages, losses, expenses or liabilities which the Company may suffer or incur as a result of the Client’s participation in the Program.
14.2. The Client (and, where the Client is under 18 years of age, the Client’s parent/guardian) is required to sign an Indemnity form, which is to be returned to the Company with the acceptance form.
15. DATA PROTECTION
15.1. The Company complies with the obligations of the Data Protection Act 1984 and is registered as a Data User (registration number PZ7106684).