Adventure Europe Ltd
Terms & Conditions
These are the terms and conditions which apply to all of our holidays, except where specific changes have been made by us in writing. These terms and conditions are intended to be clear, fair and reasonable. If you have any questions at all about them, please contact us.
Last updated: March 2019
1. THE HOLIDAY CONTRACT
Your holiday contract is with Adventure Europe Ltd (AEL), company number 10716054, of Kemp House, 160 City Road, London, EC1V 2NX trading as Adventure Andorra (“AEL”/“We/”Us”).
When you make a booking you guarantee that you have the authority to accept and do accept on behalf of all members of your party, the terms of these booking conditions. The first named person on the booking will be the party leader and will be responsible for making all payments due to us. He/she must be at least 18.
By booking a trip with us you are deemed to have agreed to these Booking Conditions (which constitutes the entire agreement between you and us) and your booking will be accepted by us on this basis. The services to be provided are those referred to in your booking confirmation invoice.
No contract comes into effect until that offer is accepted by AA which is only when the Confirmation Invoice is received by you. No Confirmation Invoice will be sent to you unless all necessary deposits have been paid and AEL is satisfied that all relevant persons are covered by appropriate activity insurance. You should note that it is agreed that no contract comes into effect until the Confirmation Invoice is received and in particular, there is no contract following a telephone or email “booking”.
It is your responsibility to check that the details set out on the confirmation invoice are correct and to notify AEL as soon as is practicable, in the event that the details are incorrect.
2. PRICES AND DEPOSITS
We reserve the right to impose surcharges up to 56 days before departure due to unfavorable changes in exchange rates, increases in local operator costs, taxes, or if government action should require us to do so. In such instances we will be responsible for any amount up to 2% of the trip price and you will be responsible for the balance. If any surcharge results in an increase of more than 10% of the trip price you may cancel the booking within 14 days of notification of the surcharge and obtain a full refund.
In order to confirm your chosen arrangements, you are required to pay a deposit equal to 20% of the total cost of the price we have quoted to you. You will have to make a full payment if booking within 8 weeks of departure. The balance of the cost of your arrangements (including any surcharge where applicable) is due not less than 8 weeks prior to departure. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case we will treat the booking as cancelled and any deposit paid will not be refunded. The person who signs the booking form is responsible for ensuring that the whole holiday price (including any deposits) is paid when required.
In the event of personal injury, death, illness, loss of baggage or personal possessions AEL cannot accept any responsibility as it is the client’s responsibility to ensure that all persons travelling have the appropriate insurance cover for these and the activities to be undertaken.
(a) It is a condition of your holiday contract that you have adequate insurance cover, and it is your responsibility to ensure that you and all the persons named on the booking form have adequate and specialist insurance to cover all the activities to be undertaken on the holiday whether as part of this contract or otherwise including insurance for injury, loss and damage you may cause as a result of your holiday activities.
(b) Please remember that ordinary travel insurance does not usually cover vigorous or potentially dangerous activities including (but not limited to) mountain biking, cycling, climbing, canyoning and other activities and sports. It remains your responsibility to ensure that you have the appropriate cover and all the necessary policy documents.
4. CHANGES AND CANCELLATIONS MADE BY YOU
If you need to make any changes to your confirmed arrangements, you must request the change in writing as soon as possible. AEL will do all it can to comply with any changes or alterations made to the original contract provided that written notification is received at our offices from the person who signed the booking form, not later than the date on which final balance of the original holiday price is due for payment. However, AEL cannot guarantee that these will always be possible. If we can change your original booking, we reserve the right to charge an amendment fee along with any costs incurred by ourselves or imposed by any of our suppliers.
If your requested change cannot be accommodated, we may have to treat the request as a cancellation if the request has been made within 8 weeks of the departure date and the below cancellation charges will apply.
If you or a member of your party needs to cancel your confirmed arrangements, the party leader must immediately advise us in writing. Your notice of cancellation will take effect when it is received at our offices. As we incur costs from the time we confirm your booking, we will levy the following cancellation charges. The percentage cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling (excluding insurance premiums and amendment charges). Insurance premiums and amendment charges are not refundable in the event of the person(s) to whom they apply cancelling.
Period before departure within which written notification of cancellation is received by us
Cancellation charge per person cancelling
57 days or more
56 – 29 days
28 days or less
You may be able to reclaim these charges (less any applicable excess) under the terms of your insurance policy.
No refunds will be made for any unused hotel accommodation, service or transport. However, where we ourselves are able to obtain a refund from hotels or principals for services not used, we will endeavour to pass this on to you, less reasonable administration charges.
5. CHANGES AND CANCELLATIONS BY US
Because we begin planning the arrangements we offer many months in advance, we reserve the right to make changes to and correct errors in holiday details both before and after bookings have been confirmed. We also reserve the right to cancel confirmed bookings. Most changes are minor and include route changes to our hiking or mountain biking activities or diary change for activity bookings. Occasionally, we may have to make a “significant change”. Examples of “significant changes” include the following when made before departure; a change of accommodation area for the whole or a major part of your holiday, a change of accommodation to that of a lower official classification for the whole or a major part of your holiday.
In the unlikely event that we have to cancel any of your activities, we will either try to re-arrange it for a different day or offer an alternative activity. The alternative activities we can offer for any cancelled activity may be limited by availability or operational constraints. Any additional costs for alternative activities are borne by you. If we can't find you an alternative, we will offer you a refund equivalent to the price charged by our activity provider for that activity. No additional compensation or claim for expenses incurred will be accepted.
For alterations to routes and itineraries, eg cycling or walking routes, or the order of activities on your itinerary, no refund or compensation and no claim for compensation or expenses incurred will be accepted.
For reasons of health and safety we reserve the right to alter or cancel all or some of your activities if we deem you are acting irresponsibly or dangerously, or you do not have the required level or ability to do the activity and you pose a risk to the health or safety of other members of your group or to yourself. No compensation will be payable and no other claim for compensation or expenses will be accepted under these circumstances.
If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of the following options:-
(a) accepting the changed arrangements or
(b) purchasing alternative arrangements from us, of a similar standard to those originally booked if available (if the chosen alternative is less expensive than your original one, we will refund the difference but if it is more expensive, we will ask you to pay the difference) or
(c) cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.
If we have to make a significant change or cancel 56 days or less before departure, subject to the exceptions below, we will pay you the following compensation:
Period before departure a significant change or cancellation is notified to you
Compensation per person (excluding infants)
More than 57 days
14 to 56 days
Less than 14 days
We will not pay you compensation where we make a significant change or cancel more than 8 weeks before departure or in the event that we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. We will not pay you compensation and the above options will not be available if we make a minor change or cancel as a result of your failure to make full payment on time.
We regret we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation. Very rarely, we may be forced by “force majeure” (see clause 6) to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
6. FORCE MAJEURE
In these Booking Conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control. Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our agreement with you is prevented or affected by, or you otherwise suffer any damage or loss as a result of force majeure.
7. AGE & HEALTH REQUIREMENTS
Minimum General Policy: For the majority of our more challenging activities, the minimum age is 8 at the time of travel. However, there are some lower level activities in which younger children can participate. Some activities may have a higher applicable minimum age and we can discuss this at the time of booking. Our guides have some flexibility in the level of difficulty of each individual activity and will do their best to tailor the challenge to your abilities.
All members of your party under the age of 18 must be accompanied by a legal guardian, or in lieu of a legal guardian, by an escort over the age of 18, appointed by their legal guardian. The legal guardian or their designee will be responsible for the traveller under the age of 18 day to day’s care. If a legal guardian elects to designate an escort in their lieu, they will be required to complete and sign a relevant document, to delegate their authority.
For the majority of our trips we have no upper age limit though we remind you that some activities can be physically demanding and travellers must ensure that they are suitably fit to allow full participation.
8. PASSPORTS, VISAS AND HEALTH REQUIREMENTS
It is your responsibility to ensure that valid travel documentation is provided for all persons named on the booking form. AEL cannot be responsible for failure of passport holders to obtain the appropriate documentation for travel to Andorra. AEL cannot be responsible for failure of the appropriate immigration service to allow entry into Andorra of any person named on the booking form neither can AEL be responsible for failure of persons named on the booking form to comply with any health entry requirements.
9. COMPLAINTS AND PROBLEMS
If you have any reason to complain or experience any problems with your holiday arrangements whilst away, you must immediately inform our local agent or AEL directly. Your complaint should be made in writing within 24 hours of the incident/condition and signed by our local agent confirming that it was brought to their attention. Most problems or complaints can be resolved while you are away, however if you remain dissatisfied, you must write to us within 28 days of your return to the UK giving your booking reference and full details of your complaint.
We regret we cannot accept liability for any complaints or claims which do not involve death, personal injury or illness, if you fail to notify the complaint or claim in accordance with this clause.
We would expect all disputes to be resolved amicably. However, as members of Protected Travel Services (PTS), you also have the right to make a complaint to them. PTS will endeavour to resolve the complaint and are also able to organise independent arbitration of certain complaints.
10. CONDITIONS OF SUPPLIERS
AEL is acting as a commercial agent for the suppliers of many of the accommodation and activity elements of your holiday. These suppliers provide their services in accordance with their own terms and conditions, which will be communicated on our website and /or booking confirmation. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions, and may affect your rights to compensation. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
The website is the responsibility of AEL, as your tour operator. It is not issued on behalf of, and does not commit any independent organisations/ suppliers whose services are featured in it.
We have a duty to select the accommodation and activity providers with reasonable care and skill. We have no liability to you for the actual provision of the accommodation or activities, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the provider with reasonable care and skill, we will have no liability to you for anything that happens at the accommodation or during the activity or any acts or omissions of the provider or others. We also have no liability in the following situations:
If we are found liable to you on any basis, we limit the amount we have to pay you to a maximum of two times the cost of your accommodation or activity. This limit does not apply to cases involving death or injury.
If you or any of your party do not take up your accommodation within 24 hours of the date of arrival shown on your confirmation, it will be offered for re-letting.
When you book accommodation and activities through us, you accept responsibility for the proper conduct of all members of your party during your stay. If we or any other person in authority is of the reasonable opinion that you or any member of your party is behaving in such a way as to cause or be likely to cause danger or upset to any other person or damage to property, we will be entitled to terminate the holiday of the person(s) concerned. The person(s) concerned will be required to leave the accommodation or other service and we will have no further responsibility to them including any return travel arrangements. Furthermore, we shall be under no obligation whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative accommodation) you may occur as a result of your stay being terminated.
If you cause damage to the accommodation in which you are staying or equipment you are using during an activity, you must fully reimburse the accommodation or activity provider concerned for the cost of the damage before the end of your stay if the cost has been established by then or as soon as it has been established if later. You must also indemnify us for the full amount of any claim (including all legal costs) made against us by the accommodation provider or any third party, as a result.
12. Limitation of Liability
We promise to make sure that the tour arrangements we have agreed to make, perform or provide as applicable as part of our contract with the group organiser are made, performed or provided with reasonable care and skill. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following :-
We cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities, which your hotel or any other supplier agrees to provide for you where the services or facilities are not included in the cost of your itinerary and we have not agreed to arrange them, and any excursion you purchase whilst overseas.
In addition, regardless of any wording used by us on our website, in any of our brochures, application pack or elsewhere, we only promise to use reasonable care and skill as set out above and we do not have any greater or different liability to you.
For all other claims, which do not involve death or personal injury, if we are found liable to you on any basis, the maximum amount we will have to pay you is twice the booking price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total, unless a lower limitation applies to your claim.
We cannot be held liable for damage to or loss of personal possessions taken out with you when participating on one of our activities.
Please note: Where a supplier or hotel would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the supplier or hotelier for the complaint or claim in question.
Our acceptance of liability outlined above is subject to assignment by you of your rights against any agent, supplier or sub-contractor which is in any way responsible for the unsatisfactory arrangements or your death or personal injury.
13. YOUR FINANCIAL PROTECTION
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from AEL in the event of our insolvency.
PTS protection paragraph and membership number
14. UPDATING OF TERMS AND CONDITIONS
The Company reserves the right to update and/or alter these terms and conditions at anytime, and it is your responsibility to be familiar with them. The latest terms and conditions can always be found on the Company website www.adventureandorra.co.uk and will supersede any previous versions.
15. ACCURACY OF PRICES AND WEBSITE DETAILS
Important note: the information and prices shown on our website may have changed by the time you come to book your arrangements. Although we make every effort to ensure the accuracy of information and prices at the time of publication, regrettably errors do occasionally occur. You must therefore ensure you check the price and all other details of your chosen arrangements with us at the time of booking. Our website is our sole responsibility. It is not issued on behalf of and does not commit any independent organisation/carriers whose services are featured in it.
16. LAW AND JURISDICTION
This contract is governed by the law of England and Wales.
(b) The Courts of England and Wales shall have exclusive jurisdiction in respect of all claims and disputes or whatever nature arising out of the provision of the contract facilities and services and the interpretation of this contract.
Acceptance of Risk – Your booking is accepted on the understanding that you realise and accept the potential risks and hazards that can be involved in holidays of this kind and that you are mentally and physically capable of participating in the activities demanded. You are responsible for bringing with you the proper clothing and equipment which we advise you about in our printed trip information. In addition: