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.
(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 your quote. (NB: deposit amounts vary from one destination 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 and documentation carefully as soon as you receive them and advise The Company of any errors 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 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.
(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. 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 traveling, that person may transfer their place on the booking to someone else introduced by you. You will be liable for any costs associated with these changes.
(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 conditions are due to the fact that our suppliers make large financial commitments 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.
(a) All prices are quoted in local currency. Prices in local currency are fixed; prices in � Sterling or other currencies 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 taxes (including a change in either foreign or UK VAT). 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.
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. 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. 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.
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. 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. 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. We consider adequate travel insurance to be essential. Details of the policy we recommend 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.
(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. (b) 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. (c) Sporting activities on some tours carry inherent risks and you may be asked to sign an additional form of indemnity by the local supplier.
(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.