Except where otherwise specified, we, Elemental Adventure Limited, a company registered in England with company number 4150658 and registered office address of Kitts Farm, Churt, Surrey, GU10 2PH act only as an agent in respect of all bookings we take and/or make on your behalf. We accept no liability in relation to any contract you enter into or for any travel arrangements or other services you purchase or for the acts or omissions of any supplier or other person(s) or party(ies) connected with any arrangements.For all bookings, your contract will be with the supplier of the arrangements in question.
We act as an agent on behalf of various destination management companies and local tour operators who organise and supply adventure holidays in the countries in which they’re based. References to “Supplier/Principals” in these Terms & Conditions, means these third party suppliers organising and providing your adventure holiday.
References to “Arrangements” in these Terms & Conditions means the adventure holidays organised and provided by the Supplier/Principals, which will generally consist of accommodation, in-country transport, activities and excursions and other travel arrangements as specified on your booking confirmation.
References to “you” and “your” means all persons named on the booking. References to “we”, “us”, “our” means Elemental Adventure Limited.
By making a booking with us, the first named person on the booking agrees on behalf of all persons detailed on the booking that they:
Please Note: We act only as an agent in respect of all bookings we take and/or make on your behalf. However, where the Supplier/Principal is established outside the European Economic Area (EEA), customers resident within the EEA are entitled to some additional protections by under the Package Travel & Linked Travel Arrangements Regulations 2018. Please see section B of these Terms & Conditions for further information.
SECTION A – APPLICABLE TO ALL CUSTOMERS.
1. YOUR CONTRACT
When making your booking we will arrange for you to enter into a contract with the Supplier/Principal of the Arrangements, as specified on your confirmation invoice. Except as specified in these Terms & Conditions, as agent we accept no responsibility for the acts or omissions of the Supplier/Principal or for the Arrangements provided by them. Your booking with us is subject to these Terms and Conditions and the specific terms and conditions of the relevant Supplier/Principal you contract with and you are advised to read both carefully prior to booking. The Supplier/Principal’s terms and conditions may limit and/or exclude the Supplier/Principal's liability to you. Please ask us for copies of these if you do not have them.
Your booking is confirmed and a contract between you and the Supplier/Principal will exist when we send you a booking confirmation on their behalf.
Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. Please ensure that the names given are the same as in the relevant passport. As we act only as booking agent, we have no responsibility for any errors in any documentation except where an error is made by us.
In order to make a booking, you will need to complete and return the Elemental Adventure booking form, and pay the applicable deposit. Once we have received your booking form and deposit, we will proceed to check availability with the Supplier/Principal. Your booking is not confirmed with the Supplier/Principal until you receive a booking confirmation from us on behalf of the Supplier/Principal.
In order to book your chosen Arrangements, you must pay a deposit as required by the Supplier/Principal of the Arrangements (or full payment if booking within 95 days of departure or as otherwise requested by the Supplier/Principal). You must also pay all applicable insurance premiums.
If you have paid a deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the Supplier/Principal who may cancel your booking and charge the cancellation fees set out in their terms and conditions.
Except where otherwise advised or stated in the terms and conditions of the Supplier/Principal concerned, all monies you pay to us for Arrangements will be held on behalf of the Supplier/Principal and forwarded on to the Supplier/Principal in accordance with our agreement with the Supplier/Principal.
We reserve the right to amend advertised prices at any time.We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur.You must check the price of your chosen Arrangements at the time of booking. Prices in GBP are fixed, however, prices advertised in other currencies will be adjusted to reflect the exchange rate on the day your final invoice is sent. The exchange rate is calculated using the interbank rate minus 1.2 on the day your final invoice is sent.
Many Supplier/Principals require you to take out travel insurance as a condition of booking with them. In any event, we strongly advise that you take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; the cost of emergency evacuation; loss of baggage and money; and other expenses. You should also ensure that your travel insurance covers you for pre-existing medical conditions, and the activities and excursions which you’ll be participating in.
If you choose to travel without adequate insurance cover, neither we nor the Supplier/Principal will be liable to you for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
6. SPECIAL REQUESTS
If you have any special requests (for example dietary requirements or room location), please let us know at the time of booking. We will pass on all such requests to the Supplier/Principal, but we can't guarantee that they will be met and we will have no liability to you if they are not.
7. CHANGES AND CANCELLATIONS BY YOU
Any cancellation or amendment request must be sent to us in writing, by email, and will take effect at the time we receive it. We also request that you contact us by phone to ensure we have received your email. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that the Supplier/Principal will meet such requests. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier/Principal of your Arrangements. The Supplier/Principal may charge the cancellation or amendment charges shown in their terms and conditions (which may be as much as 100% of the cost of the Arrangements and will normally increase closer to the date of departure). In addition, we may request that you pay us an administration fee of £30.00 per booking for any amendments to bookings and an administration fee of £100.00 per person for cancellations. We will notify you of the exact charges at the time of amendment or cancellation.
Please note: some Supplier/Principals do not allow changes and therefore full cancellation charges will apply.
8. CHANGES AND CANCELLATIONS BY THE SUPPLIER / PRINCIPAL
We will inform you as soon as reasonably possible if the Supplier/Principal needs to make a significant change to your confirmed Arrangements or to cancel them. We will also liaise between you and the Supplier/Principal in relation to any alternative arrangements offered by the supplier but we will have no further liability to you.
9. OUR RESPONSIBILITY FOR YOUR BOOKING
Your contract is with the Supplier/Principal and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the Arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the Arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
*Additional terms apply for customers resident in the EEA. Please see Section B for further information.
10. VISA, PASSPORT AND HEALTH REQUIREMENTS
We can provide general information about the passport and visa requirements for your trip. Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. Neither we nor the Supplier/Principal accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Please note that these requirements may change between booking and departure. Most countries now require passports to be valid for at least 6 months after your return date. We can provide general information about any health formalities required for your trip but you should check with your own doctor for your specific circumstances.
Because the contract for your Arrangements is between you and the Supplier/Principal, any queries or concerns about your Arrangements should be addressed to them but we ask that you also contact us regarding any complaints you may have. If you have a problem with your Arrangements whilst using them, this must be reported to the Supplier/Principal immediately and with us upon your return or earlier. If you fail to follow this procedure there will be less opportunity for the Supplier/Principal to investigate and rectify your complaint.
If you wish to complain when you return home, write to the Supplier/Principal. You will see their name and contact details in any confirmation documents we send you. We also ask that you contact us regarding your complain as we will of course assist you with your complaint.
If you wish to complain about any service we have provided to you (i.e. our booking service) then please contact us directly.
12. ALTERNATIVE DISPUTE RESOLUTION
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to use alternative dispute resolution. If so, for customers resident in the EEA, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
13. LAW AND JURISDICTION
These Terms & Conditions are governed by English law and we both agree that the courts of England and Wales have exclusive jurisdiction (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable).
14. EVENTS BEYOND OUR CONTROL
Except where otherwise expressly stated in these Terms & Conditions, neither we nor any Supplier/Principal will be liable or pay you compensation if our obligations to you are affected by “Events Beyond our Control”. For the purposes of these Terms & Conditions, “Events Beyond our Control” means any event beyond our or the Supplier/Principal’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as avalanches, floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the Supplier/Principal’s control.
Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Events Beyond our Control, and we will have no liability to you.
15. ACCOMMODATION RATINGS AND STANDARDS
All ratings are as provided by the relevant Supplier/Principal. These are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between Supplier/Principals. We cannot guarantee the accuracy of any ratings given.
16. DOCUMENTATION AND INFORMATION
All descriptions and content on our website or otherwise issued by us is done so on behalf of the Supplier/Principal in question are intended to present a general idea of the services provided by the Supplier/Principal. Not all details of the relevant services can be included on our website. All services shown are subject to availability. If you require any further details, in respect of any Arrangements or any other services please contact us.
SECTION B: APPLICABLE TO CUSTOMERS RESIDENT IN THE EEA
Where you are resident in the EEA and you have booked Arrangements with a Supplier/Principal established outside the EEA, we still act as agent on behalf of the non-EEA Supplier/Principal however you are entitled to additional legal rights as outlined in this Section B by virtue of Regulation 27 of the PTRs. This does not prejudice or otherwise affect our agency status.
IMPORTANT NOTE: Please note that this section B does not apply to:
(a) any customers resident in countries outside the European Economic Area; and/or
(b) any booking where the Supplier/Principal is established within the EEA (regardless of where the customer is resident).
17. OUR RESPONSIBILITIES TO EEA CUSTOMERS
(1) Where you have booked Arrangements with a Supplier/Principal established outside the EEA, although we still act as agent for the Supplier/Principal of your chosen Arrangements and your contract will be with the Supplier/Principal, we will accept responsibility for the Arrangements as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below. As such, we are responsible for the proper provision of all Arrangements set out in your confirmation invoice.
(2) Subject to these Terms & Conditions, if the Supplier/Principal negligently performs or provides those Arrangements and doesn’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your Arrangements, you may be entitled to an appropriate price reduction, compensation or both. You must inform us without undue delay of any failure by the Supplier/Principal to perform or the improper performance of the Arrangements. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Terms & Conditions and the extent to which the Supplier/Principal’s negligence affected the overall enjoyment of your Arrangements.Please note that it is your responsibility to show that the Supplier/Principal has been negligent if you wish to make a claim against us.
(3) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
(a) the act(s) and/or omission(s) of the person(s) affected; or
(b) the act(s) and/or omission(s) of a third party unconnected with the provision of the Arrangements and which were unavoidable and extraordinary; or
(c) Events Beyond our Control (as defined in clause 14).
(4) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(a) loss of and/or damage to any luggage or personal possessions and money: The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are expected to have adequate insurance in place to cover any losses of this kind.
(b) Claims not falling under (a) above and which don’t involve injury, illness or death: The maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
(c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel:
i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel Travel Arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of these Terms & Conditions, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into your booking contract.
ii) In any circumstances in which a carrier is liable to you by virtue of EC 261/2004 (denied boarding and flight disruption), any liability we may have to you arising out of your Arrangements, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
(5) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and the Supplier/Principal strictly in accordance with the complaints procedure set out in these Terms & Conditions.
(6) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
(7) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur; (b) relate to any business; or (c) indirect or consequential loss of any kind.
(8) We will not accept responsibility for services or facilities which were not included on your booking confirmation or where they are not advertised in our brochure or on our website. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
(9) Where it is impossible for you to return to your departure point as per the agreed return date of your Arrangements, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3-night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your Arrangements. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.
(10) If the Supplier/Principal becomes unable to provide a significant proportion of the Arrangements that you have booked after you have departed, we will, if possible, make alternative travel arrangements for you at no extra charge and where those alternative travel arrangements are of a lower standard, provide you with an appropriate price reduction.
18. INSOLVENCY PROTECTION
The Package Travel and Linked Travel Arrangements Regulations 2018 require us to provide security for the monies that you pay for your chosen arrangements and for your repatriation in the event of our insolvency.
We provide financial security for payments received from customers resident in the EEA who have booked Arrangements with a Supplier/Principal established outside the EEA, by way of an insurance policy with Affirma, a trading brand of MGA Cover Services Limited, registered address; 135 High Street, Crawley, England, RH10 1DQ, company number 08444204. MGA Cover Services Limited is authorised and regulated by the Financial Conduct Authority (registration number 4043759) and underwrites this policy under binding agreement with HDI Global SE UK, 10 Fenchurch Street London EC3M 3BE, United Kingdom, who are registered with the Financial Conduct Authority with registration number 230072 (HDI Global SE UK is a branch of HDI Global SE registered office: HDI – Platz 1, 30659 Hanover, Germany. Authorised by BaFin, Financial Conduct Authority and Prudential Regulation Authority).
Please note that this insurance policy does not cover non-EEA residents.
19. PROMPT ASSISTANCE
If you have booked Arrangements with a Supplier/Principal established outside the EEA and whilst you are on holiday, you find yourself in difficulty for any reason we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and with distance communications and finding alternative travel arrangements. Where you require assistance that is not owing to any failure by us, our employees or the Supplier/Principal, we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any Supplier/Principal, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Agency Terms & Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.