In order to keep our insurers happy and keep you safe, we must make you aware of the small print!
Booking Conditions
NOTIFICATION OF LIMITATIONS TO FOLLOW. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. These Terms and Conditions govern the relationship between you and MADVENTURE TRAVEL LTD of Newcastle-Upon-Tyne, UK, doing business as MADVENTURER (hereinafter referred to as "the Company" or "Madventurer"). By booking a Project and/or Adventure, you agree to be bound by these Terms and Conditions which outline, among other things, our cancellation policy and certain limitations of liability. These Terms and Conditions affect your rights and designate the governing law and forum for the resolution of any and all disputes.
the contract. All persons wishing to make a booking must carefully read and understand the Terms and Conditions that follow. By making a booking by telephone, on our website, or by email with the Company or its Agents, you accept and are bound by these Terms and Conditions. The person or persons named on the booking are hereafter referred to as the "Client". All bookings are made with Madventurer, "the Company", which sells the Projects described in this brochure or on the Company website or through its "Agents". These Terms and Conditions shall constitute the entire agreement between the Company and the Client, and shall constitute a binding agreement. There is no verbal or written; representation, warranty, collateral agreement, prior agreement, description of services, or conditions, other than as expressed herein. The service to be provided is/ are the Project(s) referred to in the booking confirmation.
deposit requirement. A non-refundable deposit of £150 must be received before a booking can be confirmed (please note any special deposit requirements for Projects detailed on the Project page). If a booking is made within 75 days of the departure date then the full amount is payable at the time of booking. The non-refundable deposit and medical form if applicable should be sent to the Company or its Agent. For insurance purposes any Clients 70 years of age and over, or those younger with pre-existing medical conditions are required to complete a Madventurer medical form which must be signed and dated by a physician and returned with your final payment or you will not be permitted to travel. These forms will be included in your pre-departure documents.
final payment/acceptance of booking/client details a. final payment for Madventurer Projects. Acceptance of the Client's booking must be confirmed in writing by the Company. Please refer to your confirmation invoice for details regarding final payment. Payment of the balance of the Project price is due 75 days before the departure date. If a booking is made 75 days or less before the departure date then the full amount is payable at the time your booking is confirmed. If this balance is not paid on or before the due date the Company reserves the right to treat the Client's booking as cancelled. b.client details. In order for the Company to confirm and guarantee the Client's travel arrangements the Client must provide all client details with their final payment as per the dates specified in 3a. If the Client does not provide all client details within 30 days before departure, a fee of £50 will be charged to the file. Client details include passport number, copy of passport details and medical form (where applicable), full name, date of birth and nationality.
cancellation by the client. Any cancellation by a Client must be made in writing and acknowledged by the Company. The date on which the letter is received by the Company or its Agents will determine the cancellation charge applicable. The cancellation charges are expressed hereafter as a percentage of the total Project price, excluding insurance. Note: airlines may impose 100% cancellation charges.
A. Cancellation more than 75 days before departure: Loss of deposit.
B. Cancellation 74-30 days before departure: 50% of Project price or loss of deposit; whichever is the greater
C. Cancellation less than 30 days before departure: 100% of Project price.
cancellation of a Project by the company. The Company reserves the right to cancel a Project for any reason, but will not cancel a Project less than 60 days before departure except for force majeure, unusual or unforeseen circumstances outside the Company's control. When a Project is cancelled by the Company, the Client may choose between a full refund of all monies paid or any alternative Project offered by the Company. The Company is not responsible for any incidental expenses that you may have incurred as a result of your booking such as visas, vaccinations, non-refundable connecting flights or loss of enjoyment, etc. If the alternative Project chosen by the Client is of a lower value than that originally booked then the Client is entitled to a refund of the price difference. If the alternative Project chosen by the Client is of a higher price than that originally chosen then the Client must pay the difference.
unused services. There will be no discounts or monies refunded for missed or unused services, this includes voluntary or involuntary termination, i.e. sickness, death of a family member, etc.
prices & surcharges. We reserve the right to impose surcharges (price increases) up to 60 days before departure due to unfavorable changes in exchange rates, increases in air fares or other transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. If any surcharge results in an increase of more than 10% of the Project cost excluding insurance premiums the Client may cancel the booking within 14 days of notification of the surcharge and obtain a full refund.
brochure validity. The prices in this brochure and on our website are based on airfares, exchange rates and costs in effect at time of printing the brochure or posting to our website. Madventurer reserves the right to alter prices for new bookings if these rates change substantially. For Projects departing between 01 January 2008 and 31 December 2008, the land price of your Project is guaranteed when you have paid in full, subject to the right of the Company to impose surcharges as stipulated in section 7 of these Terms and Conditions. Dates and itineraries in this brochure are valid from 01 January 2008 until 31 December 2008. Beyond 31 December 2008 dates, itineraries and prices are indicative only.
flexibility. The Client appreciates and acknowledges that the nature of this type of travel requires considerable flexibility and should allow for alternatives. The itinerary provided for each Project is merely representative of the types of activities contemplated, and the Company is under no contractual obligation to strictly follow it. It is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events, which may include sickness or mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, climate and other unpredictable or unforeseeable circumstances.
changes a. changes made by the company. The Company reserves the right to change any of the facilities, services or prices described in the brochure before a booking is made. If such a change is made the Client will be told at the time of booking or when the change occurs. While the Company will endeavor to operate all Projects as advertised, reasonable changes in the itinerary may be made where deemed necessary or advisable by the Company. If the Company makes a major change the Company will inform the Client as soon as reasonably possible if there is time before departure. The definition of a major change is deemed to be a change affecting at least one day in five of the itinerary. When a major change is made the Client may choose between accepting the change, obtaining a full refund of all monies paid or accepting an alternative Project offered by the Company. b. transfer to another departure (by the client). A transfer from one Project to another can only be made more than 60 days before departure date and only if approved by the Company. If such a request is accepted by the Company, the Company reserves the right to charge an administration fee of £50 per person per change. (Movement of words) A Client may only transfer a booking to a departure date in the current season and may not transfer a booking to future seasons. Any request to transfer received less than 60 days before departure will not normally be accepted. In this case the Client must cancel the booking and then re-book on another Project. Any such transfers will be regarded as cancellations and cancellation fees will apply. c. transfer of name. If you are prevented from traveling on the Project you booked by circumstances such as those which would permit you to make a claim on a standard cancellation insurance policy, you may transfer your booking to another person, provided they meet all the requirements relating to that Project and the transfer is made more than 60 days before departure. In these cases an administrative fee of £50 will apply. Note: airlines may impose 100% cancellation charges. Within 60 days, name transfers are not permitted. d. amendments. Within 60 days of departure any amendments to a file will depend on availability and will be on a request basis. Any extra costs incurred for making the change will be charged along with an amendment fee of £50. No amendments are permitted to your booking within 10 days of departure. Note: airlines may impose 100% cancellation charges.
acceptance of risk. The Client acknowledges that the nature of the Project is adventurous and may involve a significant amount of personal risk. The Client hereby assumes all such risk and does hereby release the Company from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks.
authority on Project. At all times the decision of the Company's Project leader or representative will be final on all matters likely to endanger the safety and well being of the Project. By booking with us the Client agrees to abide by the authority of the Project leader, who represents the Company. The Client must at all times strictly comply with the laws, customs, foreign exchange and, drug regulations of all countries visited. The client also agrees to be bound by the Company's responsible travel guidelines. If the Client is affected by any condition, medical or otherwise, that might affect other people's enjoyment of the Project; the Client must advise Madventurer at the time of booking. Should the Client fail to comply with the above or commit any illegal act when on the Project or, if in the opinion of the Project leader, the Client's behavior is causing or is likely to cause danger, distress or annoyance to others we may terminate that Client's travel arrangements without any liability on the Company's part and the Client will not be entitled to any refund.
travel documents. a. The Client must be in possession of a valid passport required for entry, departure and travel through each destination point along the itinerary of the Project, (your passport must be valid 6 months after your return date), and be in possession all visas, permits and certificates including vaccination certificates, insurance policies, required for the whole of the journey. The Client accepts full responsibility for obtaining all such documents, visas and permits, and is solely responsible for any adverse consequences resulting from missing or defective documentation. Any information or advice given by the Company regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the Client, and the Company is not responsible for any errors or omissions as to the information provided. b. To expedite the issuing of Madventurer travel documents please note that all Project related travel documents such as vouchers, itineraries and invoices will be sent via email or will be available on our website once full payment has been received by the Company. The Company reserves the right to impose a fee for those Clients who wish to receive paper documents.
factors outside the company's control (force majeure). The Company shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property or for the Company's failure to commence, perform and/ or complete any duty owed to the Client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, terrorist activities, civil commotions, labor difficulties (whether or not Company is a party thereto), interference by authorities, political disturbance or any other cause beyond the reasonable control of the Company.
a. travel insurance. It is mandatory that all Clients obtain travel insurance with a minimum coverage of £50,000 while traveling with the Company and this insurance must cover personal injury, medical expenses, repatriation expenses, and evacuation expenses. It is strongly recommended the coverage be extended to include cancellation, curtailment, loss of belongings and all other expenses which might arise. When the Client has obtained travel insurance through the Company, the Client acknowledges that he or she is satisfied with the levels of insurance arranged by the Company. Where the Client has declined to purchase insurance through the Company, the Client acknowledges that the cost of the Project does not include insurance, and that the Client is required to obtain separate coverage at an additional cost. When obtaining travel insurance from a source other than the Company the Client must ensure the insurer is aware of the type of travel to be undertaken. b. limited insurance held by the Company. Where the company, or any associated company, owns or controls the vehicles the company is covered by a policy but this cover is limited. The limit per incident is £2,000,000 (note the limit is per incident, not per person.). This cover is arranged in the UK. Should any client require a higher level of cover then the client must arrange extra cover. This insurance comes into effect only in the case of a vehicle accident and subsequent injuries; it is no substitute for your own travel and medical insurance which must still be taken. Where the company, or any associated company, does not own or control the vehicle cover is provided under our public liability policy.
limitation of liability. a. The company will accept liability for the negligence of its staff or agents causing death or physical injury to persons or loss or damage to personal property only to the extent it is obliged under UK law. This acceptance of liability is subject to clause C below. b. In other circumstances the company will be liable to the client for the proper performance of the contract. This acceptance of liability is subject to clause C below. c. The company shall not be liable for any damage or loss if the failure to carry out the contract is:
1. attributable to the client.
2. attributable to a third party unconnected with the provision of the services contracted for and the event is unforeseeable or unavoidable.
3. due to unforeseen and unusual circumstances beyond the company's control, the consequences of which could not have been avoided even if all due care had to be exercised.
4. due to political disputes, border closures, refusal of visas, industrial action, climate or other matters of a similar nature and any other force majeure.
5. due to an event which the company, even with all due care could not foresee or forestall. d. Any liability covered under section 16b is limited to the price paid. In the case of damaged property the liability is limited to a maximum amount equal to the amount paid by or on behalf of the owner of the property. In all cases the company specifically excludes all liability for indirect or consequential loss or expense including loss of profits. e. Where your holiday arrangements involve travel by air, rail or sea, or hotel accommodation the compensation is limited by the following international conventions respectively: Warsaw Convention as amended 1955, Bern Convention 1961, Athens Convention 1974 and Paris Convention 1962. No compensation payable by the company for flight difficulties if client has available to them denied boarding compensation from the airline. f. The Company's acceptance of liability in clauses 16a and 16b 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 Project arrangements or the Client's death or personal injury.
responsibility for your Project. Client bookings are accepted on the understanding that they acknowledge that the nature of the Project is adventurous and may involve a significant amount of personal risk. The Company's obligations, and those of any suppliers providing any service or facility the Client books with us, are to provide services and facilities with reasonable care and skill. Facilities will be provided to the realistic minimum standard recommended by the regulatory authorities responsible.
claims & complaints. If a Client has a complaint against the Company the Client must first inform the Project leader or company representative whilst on the Project in order that the leader/representative can attempt to rectify the matter. If satisfaction is still not reached through these means then any further complaint must be put in writing to the Company within 30 days of the end of the Project. The Company will not accept any liability for claims received after this period.
suppliers conditions. Airlines, railways, coach and shipping companies and other suppliers have their own booking conditions or conditions of carriage, and you will be bound by these as far as the relevant transport provider or supplier is concerned. Some of these conditions may limit or exclude liability on the part of the relevant transport provider or other supplier, and they are often also subject to various international conventions. Where relevant, copies of such conditions may be available for inspection at our offices, or at the offices of the relevant supplier.
local conditions Clients acknowledge that she/he will be visiting places where the political, cultural and geographical attributes present certain risks, dangers and physical challenges greater than those present in our daily lives. By booking travel with the Company, Clients acknowledge that she/he has considered the potential risks, dangers and challenges, and expressly assumes the risks attendant to such travel conditions. The Client is solely responsible for acquainting her/himself with the customs, weather conditions, physical challenges and laws in effect at each stop along the itinerary and is encouraged to locate or make contact prior to embarkation with his/her local embassy or foreign office in each destination.
optional extras. Optional extras do not form part of the Project or contract. It is understood and accepted by the Client that any assistance given by the Project leader or representative in arranging optional extras does not render the Company liable for optional extras. Amongst others optional extras include rafting, sightseeing flights and other extras not included in the Project price.
local payment. Most of our Adventures require a compulsory local payment. The local payment is required to be made to your leader on the first day of your Adventure, in cash in the specified currency. The local payment will be held by the leader and disbursed for your benefit in acquiring incidental in-country services. Further details and information on your local payment are shown in our brochures, website and in the pre-departure information. Paying locally facilitates the flow of funds to local suppliers in countries that we travel through and therefore helps to reduce the overall cost of your Adventure.
severability. 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 this Agreement or amended accordingly only to such extent necessary to allow all remaining Terms and Conditions to survive and continue as binding.
successors & assigns. These Terms and Conditions shall inure to the benefit of and be binding upon the Company and the Client and their respective heirs, legal personal representatives, successors and assigns.
errors & omissions. Although the Company has made a concerted attempt to verify the accuracy of statements made herein the Company cannot be held responsible for any error, omission or unintentional misrepresentation that may appear in this brochure.
privacy policy. We will provide your personal information, as well as any personal information you provide in relation to the persons whose travel arrangements have been requested by you, to suppliers and carriers to enable the operation of the services requested by you. We do our utmost to protect your personal information.
applicable law. The contract including all matters arising from it is subject to English Law and the exclusive jurisdiction of the English Courts.
The registered office of Madventurer is:
The Old Casino,1-4 Forth Lane,Newcastle-Upon-Tyne,