1. Parties
1.1 Your contract is with EVEREST IN THE ALPS – Events Limited, whose registration number is 11467879 and registered office is at Whiteoak, Dores Lane, Braishfield, Southampton, SO51 0QJ. EVEREST IN THE ALPS – Events Limited are hereinafter referred to as ‘the Company’ or ‘we’ in respect of these Terms and Conditions.
1.2 The Client or ‘you’ – The person whose details appear and who submits this booking form. You confirm that you have authority to sign on behalf of all other people within your group, for whom you will be responsible for in accordance with these Terms and Conditions.
2. The Contract
2.1 The Contract comprises: a) These Terms and Conditions, b) The specific itinerary for the challenge on which you have booked, 3) the booking form, all of which are hereby incorporated into and shall constitute the entire contract made between the Company and the Client. Where there is a discrepancy, these Terms and Conditions will prevail.
3. The Booking Form And Deposit
3.1 To make a booking for a challenge with the Company the Client must complete an online booking form and submit a deposit of £1000.00.
3.2 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.
3.3 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 challenge, subject to as otherwise expressly provided within these Terms and Conditions.
4. Balance of Payment
4.1 The Client will pay the balance of the challenge price no less than 60 days before the Departure Date. If the booking is made less than 60 days before the relevant Departure Date the Client must pay the tour price in full on booking.
4.2 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.
5. Failure to pay the Balance of Payment when due
5.1 If the balance of the monies due from the Client to the Company is not paid 60 days prior to departure, we will treat the Contract as cancelled by the Client and retain the deposit.
6. Date of Departure
6.1 The Date of Departure is the date of commencement of the challenge.
7. Cancellation by The Client
7.1 The Client acknowledges that payment for the challenge is a fundamental part of the challenge income and contributes to the overall cost of equipment, running costs, staffing, administration etc., and that the Company will have incurred the largest part of its costs before the actual Date of Departure. Cancellation by the Client must be in writing.
7.2 Deposits are non-refundable. If you cancel your booking, cancellation charges will be imposed as shown below
7.2.1 90 days or more prior to departure – loss of deposit
7.2.2 89-60 days before departure – 30% of challenge cost
7.2.3 60-35 days before departure – 60% of challenge cost
7.2.4 Less than 35 days – 100% of challenge cost
7.2.5 All cancellations must be in writing and be made by the person who submitted the booking form.
7.3 After the Departure Date, no refund for any unused portion or part of the challenge 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 challenge, 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 challenge guide.
8. Cancellation by The Company
8.1 The Company reserves the right to cancel the Client’s challenge, however, the Company will normally not do so unless forced to do so by virtue of unforeseen circumstances such as flight cancellations, civil or political unrest or ‘force majeure’ or where minimum numbers have not been reached, or other matters it could not foresee or prevent.
8.2 In the event of cancellation caused by unforeseen or uncontrollable circumstances such as flight cancellations, civil or political unrest, ‘force majeure’, or human or manmade disaster, the Company will endeavour to reimburse any monies that it can retrieve from its suppliers.
8.3 In the event of cancellation caused by a group not reaching minimum numbers (an amount which will be determined by The Company), then the Company shall notify the Client not less than 45 days prior to departure that the minimum numbers have not enrolled and the challenge is cancelled. Payments made to the Company in respect of the challenge shall be reimbursed.
8.4 In the event of any cancellation, the Company will not accept liability for any consequential expenses that the Client may incur as a result of cancellation or for any other loss or damage howsoever caused arising out of cancellation. In all cases it is up to the Client to have suitable insurance to cover any additional losses not covered by the Company’s policy of reimbursement due to cancellation and to have booked flights that are sufficiently flexible to accommodate change/cancellation.
9. Passports, Visas and Health Matters
9.1 Medical vaccinations, passports, visas etc. are entirely your responsibility and must be arranged prior to departure. We take no responsibility for cancellation of your trip in the event that you are not allowed to fly, or continue your challenge. If you are unable to travel due to not being able to obtain (or not having) the appropriate visa we reserve the right to retain the cost of the challenge.
9.2 You must ensure you are medically fit to travel and participate in the challenge. We accept no responsibility for any losses you incur or any element of the tour that you are unable to participate in, on account of your health or fitness. It is your responsibility to ensure that you research your intended destination(s) and activity/(ies) to determine whether you are able to participate and that you are at the required fitness level to undertake the challenge.
10. Company and Client Responsibility
10.1 The Client’s booking is accepted on the understanding that they realise the potential risks and hazards that can be involved including injury, loss or damage to property, discomfort and inconvenience. The Client also accepts that they may travel to remote areas where possible problems may include: forces of nature, terrorism, civil unrest, war and accidents. The Client also accepts any risks associated with altitude, weather, illness, activity involved, disease and physical exertion knowing that access to evacuation and/or suitable medical supplies and support may not always be available and is likely to take a considerable amount of time and use wilderness extraction techniques.
10.2 The Client agrees that the obligation of the Company to the Client is to use reasonable skill and care to select competent, independent sub-contractors to provide reasonable service given local conditions and any other services related to the challenge and to exercise reasonable care in selecting such suppliers.
10.3 The Company does not accept liability for compensation should there be no fault on the part of the Company or its suppliers and the reason for the improper performance of the challenge arrangements was either the Client’s fault, the actions of someone unconnected with the challenge arrangements or could not have been foreseen or avoided by the Company or its suppliers even if all due care had been exercised. Where the Client does suffer personal injury or death as a result of an activity forming part of the tour arrangements booked with the Company, the same conditions shall apply.
11 Limitation of Liability
11.1 Our responsibility does not start until you meet the group at the designated start point; We are not responsible for any additional expenses incurred by you in getting to the meeting point.
12 Travel Insurance
12.1 The Client will effect and maintain sufficient and appropriate cancellation, curtailment, medical expenses and third party liability insurance in respect of the Client and dependent relatives, and insurance to cover loss of, damage to or theft of the Client’s baggage, no later than the date on which the balance payment is due. The challenge is a journey of a hazardous nature and the Client must be satisfied that such insurance fully covers all personal requirements including medical expenses, repatriation, helicopter rescue and air ambulance in the event of accident or illness.
12.2 The insurance policy and the receipt of premiums paid there under will be produced to the Company prior to departure and to the guide on day one of the challenge. If you join the challenge without adequate insurance you may not be allowed to continue, with no right to refund. If circumstances give rise to a claim the Client will forthwith pursue his remedies under such policy/(ies).
12.3 The Client will also produce to the Company prior to departure the details of the name, address and telephone numbers of their next of kin or persons to be notified in the event of an emergency.
12.4 The insurance cover should extend for the planned duration of the challenge and at least an additional day.
13 Acceptance of Risk
13.1 The Client acknowledges that there is a significant element of personal risk in participating in the challenge. 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 challenge.
14 Release and waiver of Liability, Assumption of risk and Indemnity Agreement.
14.1 In consideration of participating in the Challenge/Activity, the Client represents that they understand the nature of this Challenge/Activity and that they are in good health and in proper physical condition to participate in such a Challenge/Activity. The Client acknowledge that if I believe event conditions are unsafe they will immediately discontinue participation in the Challenge/Activity.
14.2 The Client fully understands that this Challenge/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 Challenge/Activity.
14.3 The Client hereby release, discharge and convenant not to sue Everest in the Alps – Events Limited, 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.
14.4 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.
15. Company Challenge Leader (Guide)
15.1 The Company will appoint the challenge Leader(s) who will represent the Company. The identity of the challenge Leader(s) shall be communicated to the Client orally forthwith upon the first meeting of the commencement of the challenge, and that by continuing on the challenge, the Company and the challenge Leader(s) shall be free to assume that the Client is fully aware of the challenge Leader(s) identity and shall accept all instructions given and requests made by the same which in the challenge Leader(s)’ sole and absolute discretion are necessary or appropriate in pursuance of the challenge. The Client agrees to accept the decisions of the challenge Leader who shall have absolute discretion and authority to secure implementation of the Company’s obligations under the Contract.
15.2 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 challenge Leader’s sole and absolute opinion, affecting or potentially affecting another Client’s enjoyment of the challenge, you may be asked to leave the challenge without any right to refund.
16. Compliance with Legislation
16.1 The Client will comply at their expense and their liability with all legislation, visa requirements and immigration, customs and foreign exchange regulations of the countries visited. 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 challenge without recourse to refund or other compensation.
17. Complaints
17.1 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. The Client agrees to the following procedure:
17.2 The Client will ensure at the earliest opportunity any perceived failure in the performance, or improper performance in the Contract, whether by the Company or its suppliers, is communicated to the Company’s challenge Guide. The Company and the Client will then make prompt efforts to resolve the complaint.
17.3 The Client agrees to give written details of any unresolved serious complaint to the challenge guide.
17.4 In the event that the complaint remains unresolved then the client agrees to set out their complaint in writing to the Company within 7 days of completion of the challenge.
17.5 The Client agrees that these provisions are reasonable and that any failure by the Client to comply with them will, at the Companies discretion, exclude any rights arising out of the Contract.
18. General Conditions
18.1 No person, save with the express permission in writing of a Director of Everest in the Alps – Events Limited, has the authority or is empowered to waive or vary any of the Contract.
18.2 The Client acknowledges that prior to Contract they have been given general information on passport and visa requirements for the challenge and of the health formalities required, and knows of no reason that would cause the client to be unable to comply with these requirements.
18.3 The invalidity, illegality or unenforceability of any clause within these terms and conditions shall not affect the continuation in force of the remainder of these terms.
18.4 The Contract shall be construed in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the English Courts to settle any disputes, which may arise out of or in connection with the Contract.
