TERMS & CONDITIONS
In these terms and conditions:
“Application Form” – Means the form on which you book with us.
“Us, Our or We” – Means Monix Adventures Limited.
“Deposit” – Means the amount of the total expedition cost that you must pay in order to secure your booking as detailed in paragraph 2.1 below.
“Expedition” – Means all travel arrangements to be provided by us to you, including reserve expeditions.
“Force Majeure” – Means unusual and unforeseeable circumstances beyond our control, the consequences of which, neither we nor our suppliers and associates can avoid. For example
war, threat of war, riots, civil strife, government military or terrorist activity, industrial disputes, natural or man made disaster, fire, adverse weather conditions, level of water in rivers or similar events beyond our control.
“Late bookings” – Means bookings made 60 days or less before your departure date.
“Reserve expedition” – Means the expedition to be provided by us to you in the event that we are not able to provide you with your first choice of expedition.
“Terms and Conditions” – Means the information contained in this document.
“Total Expedition Cost” – Means the amount shown on your Application Form.
“You/Your” – Means the subject of the contract and all persons named in your Application
1. HOW TO BOOK
1.1 Having completed all sections, sign the Application Form and send it to us with your Deposit.
1.2 If you are under 18 years of age, your parent or guardian must sign the Application Form, also stating their relationship to you. Any one under 18 years old must be accompanied on the expedition by an adult.
1.3 You are to provide accurate and correct information on the Application Form, for example full name (as it appears on your passport) and address, as this information will be passed to third parties. You will be liable for any costs incurred as a result of inaccurate or false information supplied.
1.4. Full and final payment will be required at least 60 days before departure. Payments are to be made payable to Monix Adventures Limited.
2. YOUR LIABILITY FOR PAYMENT
2.1 If you are over 18 and have signed the Application Form, then you are responsible for the Total Expedition Cost. If you are under 18 then the person who has signed the Application Form as your parent or guardian is responsible for the Total Expedition Cost.
2.2 Where any payment is made by us on your behalf (whether for you alone or for the Expedition generally), in foreign currency or in sterling drawn on a foreign bank, we reserve the right to pass on to you any resulting bank charges.
2.3 If we do not receive any payments by their due date, we reserve the right to treat your booking as cancelled and to levy cancellation charges (see clause 8).
3. PAYMENT OPTIONS
Payments can be made by bank transfer or cheque. Cheques should be made payable to Monix Adventures Limited.
4. EXPEDITION COST AND GUARANTEE
We reserve the right to increase the price of the Expedition in extreme circumstances only, between the date of issue of your Application form and departure. For example, the relevant currency exchange rate alters more than 5%; a government or official authority substantially levies or increases a tax, or transportation costs increase substantially.
The cost of the expedition is broken down into 2 payments; that are used to cover all the associated costs with planning and running our expeditions. This includes but is not limited to; planning and implementation costs in the UK office and the relevant in-country office and staffing costs.
5. ACCURACY OF INFORMATION
We take every care to ensure the accuracy of the information we provide on your Expedition and that it is as detailed as possible. All information is given in good faith and believed correct at the time of going to press. We undertake to advise you of changes which affect you and become known to us after we have provided the Expedition Confirmation. Flights and other modes of transport are particularly outside our control. We cannot guarantee that departures and connections will leave/ be made at the times stated or even at the times shown on your tickets. We will not be liable for delays but please note that compensation for delays may be included in the terms of your insurance. Please check the policy summary, once issued.
6. PERSONNEL CHANGES / ASSIGNABILITY
The criteria under which you may transfer your booking to another person are as follows:
6.1 The person wishing to take over your booking must meet any conditions which did apply to your Expedition and must agree to be bound by the Terms & Conditions in force at the time of change.
6.2 You, or the person taking over your booking, must pay any final balance due before the personnel change is made, together with any administration charges applicable and levied by us.
6.3 Any request to Transfer your booking must be received in writing on or before the date of final payment. It must be signed by the person(s) who signed the Application Form and must enclose full details of the proposed new expedition member, all monies (in accordance with paragraph 6.2) and any travel documentation already issued to you by us.
6.4 We reserve the right to refuse any such change of personnel where it is deemed (in our sole opinion) prejudicial to the safe and efficient conduct of the Expedition and/or where the proposed new Expedition member is not (in our sole opinion) a fit and proper person for participation in the Expedition. In the event of any such refusal, or if we are unable to implement the requested change for reasons beyond our control, our normal cancellation charges will be applied and the contract will come to an end (see clause 8).
7. AMENDMENT BY YOU
7.1 There is an administration fee of £35 per person, per change for all amendments affecting the Expedition requested at any stage, excluding personnel changes (see clause 6) and subject to payment by you of any costs we incur (see also clause 9).
7.2 In the event that you have made any of your travel or insurance arrangements independently then you are responsible for making any necessary amendments that may arise.
8. CANCELLATION BY YOU
8.1 If you wish to cancel your booking you must do so in writing by post or email and proceeded by a phone call if within one month of departure. If you cancel within 14 days of making the initial deposit payment in line with statutory rights you will not incur the cancellation charges as set out below, cancellation charges will apply for all cancellations made after the initial 14 days from booking. The following cancellation charges will apply, the days in question being calculated to include the date on which we receive your written cancellation. If you have purchased our recommended insurance cover you will also forfeit your premium, as this is non-refundable in any event.
On and after - Payment
Receipt of Deposit - Non refundable
Balance payment date - Non refundable
Late bookings (within 60 days of departure) Non refundable
8.2 The above charges cover cancellation charges to suppliers such as hotels and transport companies, and also include our own administration charges. Once these charges are paid, the contract comes to an end.
8.3 Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned.
8.4 Please note, if you choose to leave the expedition early you will not be entitled to any refund of any unused elements of the arrangements and we shall have no further liability to you.
9. AMENDMENT BY US
9.1 We try never to change your proposed Expedition but we must reserve the right to do so where (in our sole opinion) circumstances require it. This is necessary because of the nature both of our services and expedition travel, having particular regard to the safe and efficient conduct of the Expedition and it’s members.
9.2 We may also be required to amend your expedition by reason of Force Majeure. If this happens, or if we otherwise become unable to provide significant parts of the Expedition, we will make alternative Expedition arrangements for you, wherever possible, of an equivalent nature and standard (see paragraph 9.4).
9.3 If we need to amend your booking due to Force Majeure within 59 days of departure, we reserve the right to defer your departure date should we require additional time to secure the reserve expedition (see paragraph 9.4).
10. CANCELLATION BY US
10.1 We reserve the right to treat your Expedition and booking as cancelled and levy cancellation charges (see clause 8):
(a) if you fail to make any payment when it becomes due; or
(b) if you behave in what we deem as an improper manner at any time prior to or after the departure date, (please see clause 13); or
(c) in any other circumstances specified in these terms and conditions entitling us to cancel your booking or the Expedition itself.
10.2 Wherever possible, we will only amend your booking in conjunction with the terms in Clause 9. We expect only to ever cancel clients' bookings in highly exceptional circumstances. However, due to the nature of our services and expedition/ adventure travel generally, we must reserve the right to do so. We will not cancel it less than 60 days before departure unless the cancellation is due to 'Force Majeure.
10.3 If we are forced to cancel your Expedition due to Force Majeure within 59 days from departure we will offer you a full and prompt refund on all monies paid, less your deposit and a deduction in respect of basic administration charges; monies already paid, for example flight monies, and insurance. We will alternatively offer the opportunity to defer your Expedition until a later date.
10.4 If we cancel due to Force Majeure within 7 days of departure, you may be able to reclaim your money through your insurance policy. Please check this policy, once received.
10.5 We reserve the right to cancel your booking or exclude you at any time prior to or during the Expedition, if in our sole opinion you are not compatible with the general enjoyment, well being and safety of the Expedition. We also reserve the right for ourselves, our representatives, employees and agents to refuse further participation to you at any time if, in our or in their opinion, you are not fit for whatever reason to participate in the Expedition (see clause 15).
10.6 In the case of ‘Team’ bookings, we reserve the right to cancel the expedition if for whatever reason, sufficient team members cannot be obtained.
11. OUR LIABILITY
11.1 Your booking is accepted on the understanding that you appreciate the possible risks inherent in adventure travel and you undertake the Expedition at your own risk and volition
11.2 We undertake to use all reasonable skill and care in the preparation of your Expedition and in the choice of providers of services and equipment where we are not ourselves providing such services and/or equipment. We cannot and do not accept any liability for the actions or omissions of any third party providers of services and/or equipment.
11.3 Please note that if your Expedition involves transportation, (e.g. a flight or ferry crossing) the relevant transport company's conditions of carriage will apply directly and do not form part of the contract between you and us. Their conditions may exclude or limit liability. In cases of lost or damaged baggage, or cases of death or personal injury arising in the course of international air or sea travel or in connection with hotel accommodation, the amount of compensation you will receive is limited by certain international Conventions, namely the Warsaw Convention, the Athens Convention and the Paris Convention. Copies of these Conventions should be available at your local reference library. We accept no liability for your personal effects.
11.4 Except in cases of personal injury or death caused by our negligence, the amount of compensation we will pay you for any default by us will be limited to a reasonable amount having regard to the price of the Expedition and will in no event exceed such price. Our assessment of the reasonable compensation to which you are entitled will depend upon the circumstances of your particular case.
11.5 We cannot accept any responsibility if you suffer death or personal injury from an activity that is not part of the Expedition arrangements we make for you. We also cannot be held responsible for the consequences of your actions should you choose to ignore the advice given to you by Us, your Expedition Leader or any of our employees, representatives, agents or contractors.
11.6 Nothing in these Terms and Conditions excludes our liability for death or personal injury caused by our negligence.
12. YOUR LIABILITY TO US
12.1 On receipt of your Expedition Confirmation, you must check it carefully to ensure that we have interpreted your instructions correctly and you must also ensure that you have notified us, in writing, of any special requirements upon which you intend to rely.
12.2 While on the Expedition and during preparation in the UK, you must behave in an appropriate manner and avoid causing damage, distress, danger or annoyance to other Expedition members or to third parties. You must not damage any property with which you come into contact during your Expedition and if you do, you will be liable for the cost of repair or replacement at the time and any costs incurred should we have to terminate your expedition prematurely.
12.3 You must also comply with all local laws and instructions of our staff and authorised representatives, and this includes the entry requirements of the country to be entered, for example, compulsory vaccinations and immunisations (see paragraph 10.5).
12.4 In the event of an amendment to your Expedition, (see clause 9) you are obliged to accept that change so long as it is one providing for an expedition which, in our opinion, is of an equivalent nature and quality.
Any deficiency in your Expedition should be reported immediately to Us to allow an opportunity for immediate remedial action to be taken. Failure to do this may reduce or even completely extinguish your legal right to claim compensation. In the unlikely event that, having taken the action outlined above, any problem cannot be resolved to your satisfaction while you are on the Expedition and you wish to take the matter up with us after your return, you should write to us within 28 days of the end of your Expedition giving full details of your complaint. After this time we regret that we are unable to guarantee any further investigation or action.
14. PASSPORT & VISA REQUIREMENTS
14.1 A full, current and valid passport (with necessary visas) is required for all periods, countries and territories within your Expedition. This is your responsibility although advice only may be available from us (see paragraph 14.3).
14.2 Applications for a ten year passport may take more than one month to process - check with your regional office. Please check the expiry date of any passport you currently hold. If you do not hold a current British or EU passport, you should check the Visa regulations for your intended travel itinerary, with the relevant embassies.
14.3 We will not be responsible if you fail to travel with a proper valid passport and/or visas and you will be liable to reimburse us if we incur any expense in assisting you in such circumstances. We will offer you appropriate advice and assistance in respect of visa requirements for British or EU passport holders and also in respect of principal health requirements. (e.g. vaccinations).
15. HEALTH AND FITNESS
15.1 We draw your attention to the fact that our Expeditions can be physically strenuous; we can advise you how to train effectively prior to the Expedition, so as to gain maximum enjoyment from the Expedition. Please inform us on the Application form if you have health conditions which could affect your participation in the Expedition or any of the activities contemplated.
15.2 Whilst we offer relevant advice and guidance, it is your responsibility to verify your health and vaccination requirements for the Expedition and for obtaining all necessary prescriptions, medicines and vaccinations that you need - please consult your G.P or other suitably qualified physician.
15.3 If you are suffering from any of the conditions set out on the Application Form, or others, we reserve the right not to accept your booking. We may however, request further information and if provided with a suitable certificate from a doctor, accept you as an Expedition member. Please seek specialist advice.
15.4 Where your health is being adversely affected by the Expedition, for example suffering from altitude sickness, we reserve the right to require you to cease to or not to participate on some or all of the activities planned for your Expedition.
15.5 You should be aware that for some, home sickness may become a symptom of expedition travel to unfamiliar environments. Every effort will be made by Us to assist you acclimatise to your new surroundings. In the event that you choose to prematurely cancel your Expedition due to home sickness, We will levy any charges we incur as a result of repatriating you and our normal cancellation terms apply.
16.1 Due to the nature of our Expeditions, we require you to take out comprehensive travel insurance. Details of any insurance which have been included in the price of your Expedition will be provided to you. Please read the details carefully and ensure that you understand them. Any claims that may arise should, in the first instance, be made directly to the insurance company. If you prefer to take out your own insurance policy rather than the insurance recommended by us, you must provide us with evidence that it is in force prior to your departure.
17.2 We reserve the right to refuse to accept you on the Expedition if you do not have insurance cover which we consider adequate for your Expedition. We accept no liability forany deficiencies in any insurance policy.
18. INTERNATIONAL TERRORISM
Whilst we make every effort to ensure that your expedition is safeguarded from terrorism by relying upon the best available advice at that time, due to the unpredictable nature of global terrorism we can make no guarantees. By signing the Application Form you agree to travel at your own risk and that you have made your own enquiries as you consider necessary. We expressly exclude all liability (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. Please check the insurance policy, once received, for their position.
19. LAW AND JURISDICTION
The contract between you and us and any matters arising from it will be governed by and construed in accordance with English law and are subject to the jurisdiction of the Courts of England and Wales.
20. FINANCIAL PROTECTION (ABTOT)
The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under the Package Travel, Package Holidays and Package Tours Regulations 1992 for Monix Adventures Limited, and in the event of their insolvency, protection is provided for
1. non-flight packages commencing in and returning to the UK;
2. non-flight packages commencing and returning to a country other than the UK; and
3. flight inclusive packages that commence outside of the UK, which are sold to customers outside of the UK.
1, 2 and 3 provides for a refund in the event you have not yet travelled. 1 and 3 provides for repatriation. Please note that bookings made outside the UK are only protected by ABTOT when purchased directly with Monix Adventures Limited.
32 The Square, Gillingham SP8 4AR
T: +44 (0) 203 488 3302