ELEMENTAL ADVENTURE LTD TERMS & CONDITIONS
Elemental Adventure Ltd " The Company" which is registered in England under company number 4150658 and whose registered office is at Kitts Farm, Churt, Surrey, GU10 2PH. The following conditions, together with the information set out in the relevant brochure/itinerary descriptions will form part of your contract with The Company.
1. BOOKING YOUR HOLIDAY
(a) To secure your booking, you should complete and sign the Elemental
Adventure Booking Form, and send it to The Company with the deposit
amount stated on the price list. (NB: deposit amounts vary from
one supplier to another. If you are booking within 95 days of
departure then full payment is required at the time of booking.
(b) Subject to availability, The Company will confirm acceptance
of your booking in writing by issuing a confirmation invoice.
A binding contract comes into existence between you and The Company
when we dispatch our Confirmation Invoice to you or your Travel
Agent. If The Company cannot accept your booking, any payment
you have made to The Company will be refunded. You must check
your confirmation invoice, tickets and documentation carefully
as soon as you receive them. You must let us know straight away
if anything appears to be wrong, as it may not be possible to
make changes at a later stage.
(c) Special requests should be indicated on the Booking Form at
the time of booking or made in writing as soon as possible. The
Company will try to arrange for reasonable special requests to
be met, but cannot guarantee that they will be, nor will The Company
be liable if any special request is not met.
(d) If you arrange your holiday direct with The Company all correspondence
and other communications will be sent to the address provided
on the Booking Form unless you specify otherwise. If you request
correspondence through a business address, a residential address
will also be required for emergency and security reasons.
(e) If your booking is made through a travel agent, The Company
will address all communications to that travel agent.
(f) The balance of the invoice is due 95 days before departure.
If we do not receive all payments due (including surcharges where
applicable) in full and on time we reserve the right to treat
your booking as cancelled by you.
In this case the cancellation charges set out in clause 2(b) below
will be payable.
(g) We cannot be directly responsible for your flight arrangements.
These are entirely your own responsibility, though where appropriate,
we will recommend arrangements through CAA, ATOL registered agents.
2. AMENDMENTS & CANCELLATION
(a) Amendments by You
While The Company will make every effort to assist you if you
wish to alter your arrangements it cannot guarantee it will be
able to meet such requests. Requests for an amendment must be
in writing, and signed by the signatory of the Booking Form. In
the event of an amendment all communication charges and other
expenses and all costs and charges incurred or imposed by any
of our suppliers will be payable by you together with an amendment
fee of £30 per amendment. If you change your booking less
than 95 days before departure, this will be treated as a cancellation
by you and a re-booking, and the normal cancellation charges detailed
in paragraph 2(b) below will apply.
If you or any member of your party is prevented from travelling,
that person may transfer their place on the booking to someone
else introduced by you provided we are notified not less than
14 days before departure and paid an amendment fee of £50
per person together with all costs we incur and/or our suppliers
impose on us as a result.
(b) Cancellation By You
Should you or another member of your party need to cancel your
holiday, you must tell us in writing. Your notice of cancellation
will only be effective when it is received in writing at our offices.
We recommend you use recorded delivery. As we incur costs from
the time we confirm your booking the following cancellation charges
will be payable.
Period before departure from when written notification is received
by us Cancellation charge per person cancelling
- 95 days or more - Deposit
- 1-95 days - 100%
The above charges are due to the
fact that our suppliers make large financial commitment long before
your holiday is undertaken. They are imposed directly on us by
the suppliers and are beyond our control.
(c) Amendments By The Company
Great care is taken to ensure that descriptions, information and
prices given are accurate at the time of publication. Changes
and errors can occur however and The Company reserves the right
to make changes (including the price) and correct errors in advertised
details at any time before your booking is confirmed.
After a Confirmation Invoice has been issued, The Company makes
every effort to operate all holidays as advertised. In very rare
circumstances, The Company may have to modify a holiday before
you depart or cancel a confirmed booking. Most changes are minor.
Occasionally we have to make a 'significant change'. When we refer
to a 'significant change' in these Booking Conditions, we mean
one or more of the following- a change of destination or a change
to a lower standard of accommodation, or a change of tour leader.
In the case of significant changes or cancellation, The Company
will notify you direct, or through your travel agent, as soon
as practicably possible and offer you the choice of alternative
arrangements, or a refund of all money paid.
If you choose another holiday, which is more expensive, you must
pay the difference, but if it is cheaper, The Company will make
the appropriate refund.
We regret we cannot pay any expenses,
costs or losses incurred by you as a result of any change or cancellation.
No compensation is payable for minor changes or where we make
a significant change more than 90 days before departure.
Occasionally, we may be forced by "force majeur" (see
clause 4(v)) to significantly change or terminate your holiday
after departure but before the scheduled end of your time away.
This is unlikely but if this situation does occur, we regret we
will be unable to make any refunds (unless we obtain refunds from
our suppliers), pay you any compensation or meet any costs or
expenses you incur as a result.
3. ELEMENTAL ADVENTURE LTD - PRICE POLICY
(a) All prices are quoted in local currency and £ Sterling.
Prices in local currency are fixed; prices in £ Sterling
will be adjusted to reflect the exchange rate on the day your
final invoice is sent to you.
(b) The Company reserves the right to increase or decrease the
prices of unsold holiday arrangements at any time. The price of
your holiday will be confirmed at the time of booking.
(c) After a confirmation invoice has been issued, the price of
your holiday is still subject to the possibility of surcharges
in certain limited circumstances. However, subject to the correction
of errors, a surcharge will only be levied to reflect increases
in transportation costs (including fuel and airfares), dues, taxes
(including a change in either foreign or UK VAT), fees chargeable
for services (including landing taxes and embarkation or disembarkation
fees at ports and airports), or adverse variations in exchange
rates which have been used to calculate the price of your holiday.
Surcharges will be notified by a Supplementary Invoice sent to
you (or your travel agent).
The Company undertakes however, not to levy a surcharge within
95 days of departure except in the following circumstances. If
The Company fails to receive the balance of the holiday cost when
it falls due, The Company may levy a surcharge up until 30 days
before departure.
(d) The financial commitments offered above by The Company mean
no refunds can be made in the event of favourable exchange rate
fluctuations or decreases in costs.
4. THE RESPONSIBILITIES OF THE COMPANY
The Company applies all reasonable checks to ensure that those
involved in the preparation and provision of your holiday maintain
the appropriate standards. You will recognize that, in comparison
with more conventional locations, the destinations you choose
(which may include very remote areas) may not achieve the level
of sophistication and development that might normally be expected.
The nature of the prevailing conditions may also give rise to
events or mishaps or entail risks beyond those either planned
for or usually encountered.
Facilities in some areas will be found to be of a basic nature
and more appropriate to the local culture than foreign tourists.
Whilst every reasonable effort will be made by The Company to
ensure that the appropriate standard of services is provided wherever
possible, this cannot be guaranteed by The Company. Please note,
it is the requirements and standards of the country in which any
services which make up your holiday are provided which apply to
those services and not those of the UK.
The descriptions, information and opinions given by The Company
in respect of the airlines, hotels and other suppliers whose services
are used are given in good faith, based on the latest information
available at the time of printing.
The Company is unable to accept responsibility for any losses,
damages or delays in relation to tickets, passports or visas or
any other documents in relation to your holiday sent in the post
whether by The Company or otherwise.
The Company will not be liable where any failure to perform or
improper performance of the whole or any part of your contract
was due to: -
(a) The act(s) and/or omission(s) of the person(s) affected or
(b) Those of a third party not connected with the provision of
your holiday and which were unforeseeable or unavoidable or
(c) An event which either The Company or the supplier of the service(s)
in question could not have foreseen or avoided even with due care.
(ii)The Company limits the maximum amount it may have to pay you
or any member of your party for any or all claims or parts of
claims which do not involve personal injury, illness or death.
Except where a lower limitation of liability applies to the claim,
the maximum amount The Company will have to pay the person concerned
for such non personal injury claims if The Company is found liable
on any basis is twice the overall price of the holiday as detailed
on the Confirmation Invoice paid by and on behalf of the person(s)
affected in total.
(v) Force Majeure. Except where otherwise expressly stated in these Booking Conditions, The Company regrets it cannot accept liability or pay any compensation where the performance or prompt performance of its contractual obligations are prevented or affected by "Force Majeure". In these Booking Conditions, "Force Majeure" means any event which The Company or the supplier of the service(s) in question could not, even with due care, foresee or avoid. Such events may include war, or threat of war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, avalanches, fire, and all similar events beyond The Company's control.
5. YOUR RESPONSIBILITIES
(a) It is your responsibility that visas, passports, vaccination
certificates and other health documents are in order before departure
In the event that The Company agrees to liase with the appropriate
Consulate or Embassy in order to obtain the necessary permits
or visas for your holiday, it is unable to accept responsibility
for any decisions, actions, losses or delays in relation to the
application or grant of such permits or visas and the consequential
effect it may have on the holiday itself, except where caused
by the negligence of The Company or any of its employees or agents.`
The Company will not be liable for clients missing flights as
a result of late check-ins, and no refunds will be given if you
fail to take up any component of your holiday. No credit or refunds
will be given as a result of lost or destroyed travel documents.
(a) If, in the reasonable opinion of The Company, any airline
pilot, Captain, Accommodation Manager, guide or other person in
authority who considers that you are behaving in such a manner
as to cause danger, distress or annoyance to others or damage
property, your holiday arrangements may be terminated by The Company
or the supplier concerned. In such an event, The Company shall
have no liability to you and will not be responsible for making
any refunds, paying any compensation or meeting any costs or expenses
you incur as a result. Furthermore, you must meet any expenses
The Company incurs as a result of your behaviour.
(b) We consider adequate travel insurance to be essential. Details
of the policy we offer are available separately.
If you decide not to purchase this insurance, you must give details
of your alternative policy (insurer and policy number) on our
booking form.
Please read your policy details carefully and take them with you
on holiday. It is your responsibility to ensure that the insurance
cover you purchase is adequate for your particular needs. We do
not check alternative insurance policies.
6. OTHER SUPPLIERS
(a) As between you and the suppliers of the transport, accommodation
and other components making up your holiday, the conditions of
the supplier will apply. These conditions may be subject to international
conventions, which limit and/or restrict the supplier's liability.
Copies of the relevant parts of these terms and conditions are
available on request from ourselves, or the supplier.
Please note in relation to flights that, by our contract with
you, we do not enter into any agreement. Flight information is
provided as suggestion only, and we also suggest that any booking
should be made direct with a suitable, ATOL registered, agent.
(c) Transport timings are provided by the carrier concerned and
are subject to such matters as weather conditions, maintenance
requirements, and the ability of passengers to check-in on time.
Accordingly, the times of various forms of transport are estimates
only and cannot be guaranteed. The transfer timings given on booking
are for general guidance only and are subject to change. The latest
timings are shown on your final itinerary.
The Company is not liable for any delay and cannot itself make
any special arrangements in the event of a delay.
(d) Sporting activities on some tours carry inherent risks and
you may be asked to sign an additional form of indemnity by the
local supplier.
7. PROBLEMS & COMPLAINTS
(a) If you are unhappy with a service or facility provided in
connection with your holiday, you should address your complaint
immediately to The Company's local representative and, if relevant,
to the management of the hotel or other supplier whose services
are involved, so that The Company will have an opportunity to
correct the matter during the holiday.
(b) If the problem cannot be solved locally however, you must
write to us within 28 days of your return to the UK giving your
booking information and full details of your complaint (c) These
booking conditions are governed by English Law and the parties
submit to the exclusive jurisdiction of the English Courts.
