Terms & conditions
Terms & conditions
By accessing this Site (www.jamesallenexplorer.com), you agree that your access to and use of the Site will be subject to the conditions set forth in this Legal Statement and all applicable laws. If you do not agree and accept, without limitation or qualification, these terms, please exit the Site.
This Site and all of its content, including, but not limited to, all text, graphics, logos, button icons, images, software, and the presentation contained herein, belong to Eight Clicks High Pty Ltd (James Allen Explorer). The design and layout of this Site (the look and feel of the Site) is the exclusive property of Eight Clicks High Pty Ltd and may not be used, copied, distributed or displayed in any way. All trademarks, logos or service marks, whether registered or unregistered, are proprietary to James Allen Explorer. This Site may contain proprietary notices and copyright information, the terms of which must be observed and followed.
James Allen Explorer grants you a limited licence to make personal use of the Site. Except as noted, you are not conveyed any right or licence by implication, estoppel, or otherwise, to use, reproduce, transmit, perform, publish, license, modify, rewrite, create derivative works from, transfer or sell any of the content or information contained within this Site, including, but not limited to, any of James Allen Explorer intellectual property.
Your limited licence to use does not include, without limitation:
- any resale or commercial use of the Site or content therein;
- the collection and use of any product listings or descriptions;
- making derivative use of the Site and its contents; and
- use of any data mining, robots, or similar data gathering and extraction methods.
You may not use, frame, or utilise framing techniques to enclose any James Allen Explorer trade mark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without James Allen Explorers expressly written consent. Further, you may not use any meta tags or any other ‘hidden text’ utilising any James Allen Explorer name, trade marks, or product names without James Allen Explorer’ expressly written consent.
No images on this Site may be used without first seeking James Allen Explorer’ expressed permission to obtain high resolution formats. To request permission to use Eight Clicks High Pty Ltd intellectual property, please submit your request in writing to our Marketing Director at email@example.com. James Allen Explorer reserves the right to refuse any permission request for any reason.
Any unauthorised use of this Site will terminate the limited licence and/or rights granted herein. Unauthorised use of James Allen Explorer’ intellectual property may violate applicable laws including copyright laws, trade mark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law, including the seeking of criminal prosecution when warranted
Changes to and Accuracy of Information
Information may be changed or updated without notice. James Allen Explorer may also make improvements and/or changes in the products and/or programmes described in this information at any time without notice.
James Allen Explorer assumes no responsibility regarding the accuracy of the information that is provided by this Site and use of such information is at the recipient’s own risk. Information on this Site may contain technical inaccuracies or typographical errors and may not be complete. Please note that such errors or inaccuracies or omissions may relate to the pricing of items available for viewing on this Site. James Allen Explorer reserves the right to cancel or refuse to accept any order placed for any reason. Prices and availability are subject to change without notice. James Allen Explorer apologises for any inconvenience.
James Allen Explorer has made every effort to ensure that the colours of the images on its Site, including those of items for sale, are depicted as accurately as possible. However, as monitors and other user equipment vary, James Allen Explorer cannot guarantee that your monitor’s display of colour will be accurate.
Information James Allen Explorer publishes on the World Wide Web may contain references or cross-references to James Allen Explorer products, programmes and services that are not announced or available in your country. Such references do not imply that James Allen Explorer intends to announce such products, programmes or services in your country. Should you wish to obtain more information on any such items, please contact James Allen Explorer.
James Allen Explorer’ obligations with respect to its products and services are governed solely by the agreements under which they are provided. Indications of James Allen Explorer products and services shown on this site are solely intended to be representative.
James Allen Explorer makes no representations whatsoever about any other site which you may access through this one. When you access a non-James Allen Explorer web site, even one that may contain the James Allen Explorer logo, please understand that it is independent from James Allen Explorer, and that James Allen Explorer has no control over the content on that web site. In addition, a link to a non-James Allen Explorer web site does not mean that James Allen Explorer endorses or accepts any responsibility for the content, privacy policies, security or use of such a web site. It is up to you to take precautions to ensure that your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
Disclaimer of warranties
All information is provided by James Allen Explorer on an ‘AS IS’ basis only. James Allen Explorer provides no representations or warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability and non-infringement.
Exclusion of liability
Your use of the Site and any of its content or features is at your own risk. In no event will James Allen Explorer or any of its subsidiaries, affiliates, officers, directors, agents, contractors, representatives, employees, successors or assigns, or any other party involved in creating, producing or delivering this Site, be liable to any party for any direct, indirect, punitive, incidental, special or other consequential damages for any use of this Site or content, or on any other hyper-linked web site, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information-handling systems or otherwise, even if we are expressly advised of the possibility of such damages. Because some states do not allow the limitation or exclusion of liability for consequential or incidental damages, the above limitation may not apply to you.
This Legal Statement may not be modified except in writing. If any of these terms shall be deemed unlawful, void, or for any reason unenforceable, that provision shall be severed from these terms and shall not affect the validity and enforceability of the remaining provisions.
James Allen Explorer is a trading name of Eight Clicks High Pty Ltd (Australia Registered Company Number 160060757).
Governments around the world have rightly taken extraordinary actions to prevent the further spread of COVID-19. We at James Allen Explorer are committed to sticking to the advice provided to us by the government, ABTA, ATOL and other travel industry governing bodies. We are currently working to contact all our clients who are affected, so please do bear with us at this busy and unprecedented time.
For those clients with affected bookings, we are committed to working with you to rearrange your adventure to a future date at your convenience. Please note we may need to adjust the cost of your trip to reflect the new dates, particularly if those coincide with major events or a higher season of travel. Equally, if the value of your postponed new dates are less than your original trip, we will reduce the difference accordingly. No amendment fees will be charged.
We sincerely appreciate your support during this challenging time and look forward to working with you in crafting your next adventure with us regardless. Please note that our offices remain open, with our team now working from home and remaining contactable as usual by email or telephone. We remain ready to help you plan your next escape and invite you to use this time to discuss where your next adventure may take you.
James Allen Explorer continue to be entirely committed to ensuring client interests are protected at all times.
Who are James Allen Explorer?
We are not just any luxury adventure travel company. Every experience we deliver is tailored around you, your friends, guests and family. There is no one-size-fits-all, because every individual and trip is unique.
For relaxation, stimulation, or an insight into a rarely explored culture, we are there to guide you. We are also adept at arranging challenging expeditions and celebrations, whether it is taking groups of friends on expeditions across a snowy wilderness or creating unforgettable family experiences.
Location is secondary. How you feel, and the memories you create, are paramount.
If you’re curious enough to explore, we’ll take you there.
What’s your first step in booking an adventure?
The James Allen Explorer team are always available, ready to get to know you and start planning your experience – either through using our online enquiry form or by contacting our office directly on +61 8 9288 1709. We’ll be delighted to hear about your travel aspirations and begin your journey together.
We take pride in delivering perfect service and living up to our guarantee that every experience is individually designed and meticulously planned. We will ask you for a deposit (credited to the cost of your trip) before we begin designing your adventure, which allows us to spend all the time we need to get to perfection.
Price on application
Every adventure we create is unique and we will provide a comprehensive estimate of costs to suit your budget. Pricing will include every last detail to ensure that you are left with inspiring and unique memories after your journey.
Because we’ve learnt that things change at the last minute, we agree with you to hold a contingency fund for your trip (refunded at the end of your adventure if unused) that allows us, in full consultation with you, to rapidly change arrangements on your trip without troubling you for further payments.
On a recent luxury safari, a camp was flooded. Within an hour, we had seamlessly rescheduled the client to a more luxurious lodge – without detracting from the perfect safari experience.
What happens if I don’t like the trip that’s planned – is my deposit refundable?
Because we work hand in hand with you to design your trip, we guarantee that our proposal to you will perfectly meet, or exceed, your expectations. If you are not happy, we will rework the proposal, again, and again. If we are at fault because we cannot design a proposal that truly delights you, then we haven’t lived up to our promise and we will refund your deposit.
How far in advance are the trips planned?
From 24 hours to 24 months. We know at James Allen Exlorer that no two people are the same. Some clients live for the spontaneous, some like to plan well in advance.
When a trip is requested at short notice, we will use our experience and global network to deliver it where possible. However, we will never compromise our high standards.
Due to the extraordinary nature of our experiences, acquiring the necessary permits and assets can require up to 12 months’ notice.
Your personal travel specialist will be able to advise you about this once your requirements have been established.
What’s a travel specialist?
Our seasoned team of specialists are a well-travelled group, with a collective knowledge that spans the globe. You will be assigned a personal travel specialist after the very first call.
They will plan your adventure from start to finish, seeing you all the way through to the moment you depart, remaining on hand, by phone or discreetly nearby on your trip, depending on your requirements.
What’s the payment process?
Payment terms will vary from trip to trip and we will agree these with you as part of our personal planning process. We are able to accept payments via credit card or bank transfer.
Please take time to read this document carefully as it contains details of the basis on which we will process (collect, use, share, transfer) and store your information. You should show this notice to all parties related to your arrangement with Eight Clicks High Pty Ltd (8CH). If you have given us information about someone else, you are deemed to have their permission to do so.
If you have any questions or need further information you can e-mail our Compliance Officer firstname.lastname@example.org or write to our Compliance Officer, Eight Clicks High Pty Ltd, Unit 12 800-812 Old Illawarra Road, Menai Sydney NSW 2234, Australia.
Use of information
We, Eight Clicks High Pty Ltd, who may curate and execute bespoke travel products either on your behalf, or in conjunction with you, all times, treat all personally identifiable information strictly in accordance with Australia’s Privacy Act and its Australian Privacy Principles (APP).
Data controller and data processor
We will ensure data is processed lawfully, fairly and in an open and transparent manner and ensure appropriate security measures are in place against unauthorised or unlawful processing or accidental loss, destruction or damage using appropriate technical or organisational measures. (such as restricting access to key people within our organisation for certain aspects of your information; and periodically checking the level of security we apply to prevent unauthorised use, accidental loss, or misuse of your information) he contractual arrangements we have in place with our suppliers (providers of accommodation, transport or ancilliary travel services, our Client Database software provider, and similar providers of services to us, including any third-party companies who use our services), are governed by and shall be deemed to operate strictly in accordance with the terms of such contracts and non-disclosure agreements.
Importantly, from your perspective these contracts set out to define how data will be processed between us, including circumstances when we act as a processor (such as visa applications) or controller as is required by the APP. When acting as a controller of your data, we will, in certain circumstances determine the purposes and means of processing your data; in particular this will include the data processed by suppliers in tailoring travel services for your specific need.
Lawful basis for:
Collecting information about you
When we collect information about you, we may collect personal data which may include a variety of information about an individual (e.g. their name, address of residence, communication and contact details, and other personal information such as a date of birth). Where relevant to do so we may also collect information relating to an individual, indirectly by reference to an identifier (e.g. an IP address, which is a unique number identifying your computer, laptop or similar portable device).
Where required and appropriate to so, we will also collect more sensitive personal information (such as details about an individual’s motoring or criminal convictions, details of health, credit worthiness and other similarly sensitive information) More detail on this is provided below.
In certain circumstances (e.g. in the course of designing a bespoke itinerary to best suit your needs) we will collect information from a variety of different sources (e.g. publicly available sources, such as social media and networking sites; third party databases generally available to the wealth advisory sector, and the wider commerce and industry including other suppliers appointed in the process of handling aspects of a travel product such as yacht crews or other staff), this may include information about you regarding past experience within the travel sector.
Our aim is to hold all our data in an electronic format. Our data is stored on secure devices that are themselves stored in a locked and alarmed office. These devices are password protection. Data held on these devices is done so on secure cloud based platforms where it is reasonable to do so. These platforms are all ISO/IEC 27001 certified. This is recognised as one of the most widely recognized independent international security standards.
Data within our electronic storage platforms is stored in a partitioned format ensuring that only employees or other authorized agents who have appropriate need may view required data.
Should for any reason we store your data in hard format (e.g. printed) it will be secured in secure filing, within the office.
Accountable employee data handling policies govern the strict carriage, use and subsequent destruction of hard format document.
Using information about you
We will use information, including sensitive information, about individuals, and other parties related to our business activities, because it is principally:
- necessary for an individual to utilize a bespoke travel product without the provision of personal data (e.g. preferences)
- it is necessary for compliance with a legal obligation (e.g. passport details);
- it is necessary to protect the vital interests of a data subject or another person; and
- necessary for our own legitimate interests or those of other controllers or third parties (e.g. to search at credit or anti-money laundering agencies, monitor e-mails, calls and other communications or for market research, analysis and developing statistics) except where such interests are overridden by the interests, rights or freedoms of the data subject.
These bases include, for the design of bespoke travel opportunities, provision of quotes, implementing and managing the execution of any given trip, hosting clients, follow ups and the sharing of future opportunities that lie within the scope of a client’s appetite for travel.
When processing personal data for profiling purposes, we will ensure appropriate safeguards are in place, ensuring:
- processing is fair and transparent and provide meaningful information about the logic involved; as well as the significance and the envisaged consequences;
- use only appropriate procedures for the profiling;
- appropriate technical and organisational measures are in place to enable inaccuracies to be corrected and minimise the risk of errors in recording profiled data; and
- secure your personal data in a way that is proportionate to the risk to your interests and rights and prevents discriminatory effects.
We will also use your information when there is a justifiable reason for doing so, such as compliance with legal obligation (e.g. for the prevention and detection of fraud and financial crime, which may include processes which profile you); and for the recording of all communications by any or all means for auditing reasons.
Sharing your information
We will share information, including sensitive information, about you, and other parties related our products and services because it is:
- necessary for the creation of or to take steps for you to undertake a travel itinerary or other 8CH service; or
- necessary for compliance with a legal obligation; or
- necessary to protect your vital interests; or
- necessary for our own legitimate interests or those of other controllers or third parties; and
- necessary for a task carried out in the public interest or for an exercise of an official authority (e.g. a regulatory body).
This includes sharing your information within Eight Clicks High Pty Ltd as necessary and carefully selected third parties providing a service to us or on our behalf, these include, our Insurance Providers, and or our banks or other financial services we utilize who may require details for fraud or anti-money laundering obligations. (you can write to our Compliance Officer at the details above should you wish to view a list of all the insurance companies and financial institutions with whom we have arrangements).
What we will not do with your information
Unless required to do so by law, or for other similar reasons, other than those outlined (see above: Sharing Your Information) we will never otherwise share personal information without good reason and without ensuring the appropriate care and necessary safeguards are in place; we will in any other event ask for your consent to share that information and explain the reasons.
How long we will keep information
We will only keep and or maintain information about an individual for as long as is necessary in providing our products and services or for compliance with a legal or regulatory obligation.
This means, we will only keep, information that is necessary to keep so that we can effectively deal with administrative issues, queries about past trips, enquiries for repeat business, insurance claims and or for compliance with legal or financial audit reasons; usually we will keep information for a minimum retention period of 7 years and or maximum period of 40 years, after cessation of a product or service we have provided.
However, we will keep information for much shorter periods if that information related merely to a quotation which did not then result in a trip being arranged; in these circumstances we will keep information for a minimum retention period of 12 months and a maximum period of 7 years unless such information becomes manifestly out-of-date in which case we may keep quotation information for shorter periods.
In any event all information shall be stored in strict compliance with the GDPR legislation at all times; and using appropriate technical or organisational measures we will regularly:
- review the length of time we keep and or maintain information about you;
- consider the purpose or purposes why we hold the information about you in deciding whether (and for how long) to retain it;
- securely delete information about you that is no longer needed for this purpose or these purposes; and
- update, archive or securely delete information about you if it goes out of date.
In carrying out our duties as Data Controller and Data Processor we may collect sensitive information, about you, and other parties related to our products and services:
- necessary for the creation of or to take steps for you to undertake a travel itinerary or other 8CH service; or
- necessary for compliance with a legal obligation
- necessary to protect your vital interests;
- necessary for our own legitimate interests or those of other controllers or third parties; and
- necessary for a task carried out in the public interest or for an exercise of an official authority (e.g. a regulatory body)
What we mean by sensitive data includes information such as:
- about an individual’s health including medical conditions;
- any criminal convictions; and
- racial or ethnic origin or religious beliefs.
We will always apply additional organisational and technical measures for this category of data, including restrictions to access this data (this is where data may be secured with additional layers of security to prevent misuse and protect personally identifiable information from improper or unjustified use or dissemination)
Use and storage of your information overseas
Due to the global nature of travel and our worldwide operations, travel undertaken with 8CH is likely to occur outside the Asia-Pacific Countries (APAC) In this circumstance, the transfer, storage, or processing of information about you or an individual will occur beyond the APAC for the reasons stated above under ‘Sharing Your Information’. In any event, if we are compelled to transfer your information outside the APAC it shall be in compliance with the conditions for transfer set out under Australia DP guidelines and restricted to countries which are considered to have adequate data protection laws. In any circumstance, all reasonable steps shall have been undertaken to ensure the firm to which information is being transferred has suitable standards in place to protect such information.
Using our website and cookies
You will be asked to accept a cookie, which is a small file of letters and numbers that is downloaded on to your computer when you visit any of our group of companies’ websites. This will be clearly explained to you when you visit the website and you will typically have to accept the cookie to benefit from the services the website can offer.
Cookies are operated in strict accordance with Australia’s Privacy Act and its Australian Privacy Principles (APP) and are widely used by many websites and primarily enable the website to remember an individual’s preferences, recording information the individual may have entered on our web pages.
These same rules also apply if any individual accesses or uses any other type of technology to gain access to information stored electronically by us, including app technology 8CH may utilise to facilitate or improve client experiences.
Individuals have a number of rights relating to the information we hold. These rights include but are not limited to:
- a copy of the personal information we hold (once requested, 8CH have up to one calendar month to provide an individual with such information
- rectify information, if it is inaccurate or incomplete;
- request the deletion or removal of an individual’s personal data in part, or in its entirety, where there is no compelling reason for its continued processing;
- suppress processing of an individual’s personal data, when processing is restricted, we are permitted to store the personal data, but not carry out further processes. We will retain sufficient information about the individual to ensure that the restriction is respected in future (see Marketing);
- object to certain uses of an individual’s personal information (see Marketing);
- in certain circumstance to not be subject to a decision when it is based on automated processing; and or it produces a legal effect or a similarly significant effect on an individual;
- withdraw any permission you or an individual may have previously provided; and
- complain to the Information Commissioner’s Office at any time if you or an individual is not satisfied with our use of such information.
Individuals can request a copy of the personally identifiable information we hold by contacting us about them, including the right to have such information in a portable form ‘a right to data portability’ so we will normally, not only provide the information free of charge (however we may apply a charge where information requests are excessive) but we will provide that information in a format that is easily accessible, including electronic formats, should an individual require it in that format to ensure information can be exchanged easily with other organisations.
If you would like further information or wish to make a Subject Access Request (SAR) you can e-mail email@example.com or write to our Compliance Officer, Eight Clicks High Pty Ltd, Unit 12 800-812 Old Illawarra Road, Menai Sydney NSW 2234, Australia.
When marketing to you as an individual (including, individual sole traders and partnerships), we will either rely on the permission we have (if we are able to do so) or we will ask for your permission (consent) to contact you, including the means to contact you (such as by phone, or e-mail, push notifications, SMS text, or post) to tell you about;
- new products or services we have or are developing;
- trialling products and services which we think may improve our service to you or our business processes;
- offer you rewards;
We will typically ask for permission when you first contact us, (usually but not limited to our websites), however, you will maintain the right to easily withdraw such consent when-ever you wish (unsubscribe). We will regularly review any such consent to check that your relationship with us and any processing including the purposes have not changed.
In all situations where we market to a business we will observe both the market standards and those rules and guidelines of the Australia’s Privacy Act and its Australian Privacy Principles (APP).
We have in place such a process to ensure we refresh your consent at appropriate intervals, including any parental, or third-party consents (where relied upon) and act on withdrawals of consent (unsubscribe) as soon as we can and not penalise you if you not choose to give and later decide to withdraw your consent.
Research and analysis
Personal information we hold may be converted into statistical or aggregated data (e.g. this is data which cannot be traced back to an individual) to produce or undertake statistical or analytical research and development work, which shall not be shared beyond 8CH. This is undertaken to enable us to optimise our marketing approach and customer experience.
We may continue using personally identifiable information we may hold, specifically relating to an individual’s past experiences travelling with 8CH, after trips have taken place, for processing research and analysis as above.
All bookings are made with James Allen Explorer, a trading name of Eight Clicks High Pty Ltd, a company registered in Australia with company number 160060757 (hereinafter referred to as “the Company”, “us” or “we”) whose registered office is Unit 12 800-812 Old Illawarra Road, Menai, Sydney NSW 2234 Australia which falls under the jurisdiction of the laws and regulations of Australia.
James Allen Explorer reserves the right to amend these terms as may be applicable for different legal jurisdictions.
Insurance: All trips are made entirely at your own risk. It is a condition of this contract that you are fully insured for your destinations, activities and personal requirements. Please be advised that insurance should include all include health and repatriation cover including search and rescue for all activities, specifically those deemed hazardous (please check your policy for exclusions). Policies should also include adequate cancellation and personal belongings (whether by theft, damage or loss) insurance to the full value of the trip and activities. You are required to provide documentary evidence of your travel insurance for your entire party to the Company prior to departure. The Company reserves the right to refuse participation on a trip if no proof of adequate, valid insurance for the trip and planned activities is provided. Please note, while we require you to show evidence that you have obtained insurance cover, we will not check your chosen insurance policy for suitability and we make no representations that it is appropriate for your needs.
In case of a suspected or confirmed emergency involving you or the group of which you are a member, the Company reserves the right to arrange (or to make arrangements for its or your insurers to arrange) search, rescue and recovery as it deems appropriate and reasonable. You agree to indemnify the Company and keep the Company indemnified from all losses, apportioned appropriately to you, arising from any such search, any such helicopter usage and any resulting repatriation, for medical or non-medical reasons, including legal costs of making a recovery against you.
Booking, payments and surcharges: A booking is made with us when either (a) you tell us that you would like to accept our written or verbal quotation; or (b) you pay us a deposit. If you are booking within 60 days of departure, full payment is due at the time of booking; and (c) we issue you with a booking confirmation. We reserve the right to return your deposit and decline to issue a confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your booking and will be sent to you. The total amount received by our bank must be no less than the full amount shown on your final invoice and paid in the invoiced denomination into the Company’s account of that same denomination. If sending money by electronic (bank) transfer, then you must pay all of your own banking fees involved in the transfer.
Deposits are non-refundable. We advise you to take out your own travel insurance when you book to cover any loss, theft, cancellation and other associated events. Prices quoted are based on costs and exchange rates as of the date of trip proposal presented to you by the Company. Exchange rates are calculated using www.xe.com. We will endeavor to mitigate against any rise in our operating costs.
We reserve the right to amend the price of unsold arrangements at any time and correct errors in the prices of confirmed holidays. Furthermore, the price of your confirmed booking is subject at all times to changes arising from government action such as changes in VAT or any other government imposed changes, and changes in the exchange rates of currency, and we reserve the right to pass on to you any increases in the price of your confirmed booking as a result.
Should any extra costs be incurred during the trip such as additional services provided and purchases made on your behalf that have not been included in the itinerary, these additional costs shall be paid immediately by you, unless an alternative arrangement is made and agreed to by both you and the Company.
The Company and/or its guides may at their discretion postpone, hold back or cancel any prepaid services/ products/ activities from the original itinerary without refunding them if there are unpaid additional activities/services/products engaged in by you and the financial costs for these additional activities are not being met by you. Neither any future complaint, nor perceived dissatisfaction with the level of service, nor with the quality of the itinerary provided shall be deemed adequate grounds to contest or dispute or hold back payment of any extra costs over and above the original agreed final trip cost.
Extensions to itineraries can be purchased separately. The arrangements for extensions are made on an individual basis once a booking is made. Extensions are subject to a separate deposit. We will confirm all of the arrangements to you before you pay your final balance (which will be due at the same time as the final balance for the expedition of which it forms part).
Accuracy: We endeavor to ensure that all the information and prices which we detail to you are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances.
Cutting your trip short: If you are forced to return home early, we cannot refund the cost of any services you have not used. If you cut short your trip and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your trip not completed (unless we are able to recover any costs from the third party supplier of your chosen arrangements on your behalf, in such circumstances), or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
Changes or cancellation by you and transfers of bookings: If you wish to cancel or change any part of your booking arrangements, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist to accommodate changes, we cannot guarantee that we will be able to meet your requested change. You should be aware that these costs could increase the closer to the departure date that changes are requested, and you should contact us as soon as the need arises. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. In the event of cancellation by you, we shall endeavor to refund any recoverable costs. Please note that in this circumstance, we are unable to return any costs that Cookson Adventures are unable to recover from suppliers, agents, representatives or other parties or entities involved in the design or implantation of the travel plans.
Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
Cancellations by you before departure: If you or any other member of your party decide to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. We recommend you use recorded delivery, please retain a copy of the delivery receipt. This may include email. Should you cancel, the following scale of charges will apply: (a) 90 days or more before the Departure Date – loss of deposit plus any non-recoverable costs incurred by the Company; (b) More than 60 days but less than 90 days before the Departure Date – loss of the deposit, plus 30% of total trip cost and any additional non-recoverable costs incurred by the Company; (c) More than 30 days but less than 60 days before the Departure Date – loss of the deposit, plus 60% of total trip cost and any additional non-recoverable costs incurred by the Company; (d) 30 days or less before the Departure Date – 100% loss of total trip cost less any surplus third party costs that have yet to be paid and the Company are not contractually obliged to pay. Please note that we are unable to refund costs that we are contractually unable to recover from suppliers or contracted 3rd parties.
Changes or cancellation by the Company: If due to circumstances beyond our control it becomes necessary to substitute an alternative supplier, or make any other alterations to your booking we shall inform you of the changes as soon as possible. You must pay any additional cost due to such changes. If the changes are, in our view, so substantial as to significantly alter your booking and you are unwilling to accept said changes then you may cancel your booking and we will give a refund of all money you have paid to us less any non-recoverable costs incurred to the Company.
We may in exceptional circumstances be required to cancel your booking in which case a full refund of all monies paid will be made to you less any non-recoverable costs. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation.
Very rarely, we may be forced by “Force Majeure” to change or terminate all or some of your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds, or meet any costs or expenses you incur as a result except where we manage to recover the same from our suppliers. You must direct all claims to your travel insurance.
Force Majeure: Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. For the purposes of these Booking Conditions, Force Majeure means any event beyond our or our supplier’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 floods, earthquakes, weather conditions or any other circumstances 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 and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concerned control.
Liabilities and responsibilities
The Company’s responsibilities to you: We have a duty to select the suppliers of the services making up your holiday booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, except in cases where it is proven that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents. 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; (b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were were unforeseeable or unavoidable; or (c) Force Majeure.
We limit the amount of compensation we may have to pay you if we are found liable under this clause to:
(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 required 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: 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 arrangements). You can ask for copies of these conventions from our offices. 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 your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
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.
It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions. 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. 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 if we breached our contract with you; or (b) relate to any business; or (c) indirect or consequential loss of any kind We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised by us. For example,any excursion you book independently whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
Your responsibilities and acceptance of risk: Once your booking has been confirmed by the Company, you must promptly submit by post or email, a previous experience questionnaire and a medical declaration form. Your booking is accepted on the understanding that you are aware that, due to the nature of the trip, there are certain dangers and risks inherent in the execution of certain activities, some of which may include the possibility of physical exertion, weather extremes, remote and inaccessible areas, potential hostile environments, high-altitude and extreme depths, areas where there is poor infrastructure transport methods, disease, discomfort, criminal activity, delay, loss of or damage to property. By accepting these terms and conditions, you acknowledge; (a) that dependent upon the location of your chosen trip, that the general standards of health, safety and hygiene in the countries to be visited may not be comparable to the standards of the country in which you reside; (b) that the nature of this type of travel requires a considerable degree of flexibility and you must allow for certain changes as a result of this during the trip. The Company representative (or local Expedition Leader) may, on assessing the conditions and abilities of the group, decide to change any aspect of the trip if he or she believes that to continue with the itinerary or activities, or any latterly agreed alternatives, would place anyone at undue risk; (c) the Company’s representative’s authority to make decisions on behalf of the group is absolute; (d) that the Company accepts no financial liability that may arise from any enforced change to your travel plans due to any alteration of the expedition or trip dates, the itinerary or its cancellation, howsoever caused. You are advised to book transferable, refundable travel tickets with no penalties should a cancellation be necessary.
Passports, visas and health: It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure. Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting.
Individuals are responsible for obtaining up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling,
We do not accept any responsibility if you cannot travel or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
You must notify us via the medical declaration of any medical problems or disabilities. If any medical problems or disabilities are suffered or arise between the medical declaration being submitted and the departure date you must notify us immediately. We reserve the right to decline or cancel a booking without having to pay any compensation if any medical problem or disability you were previously aware of is not disclosed to us on the medical declaration form; or even if it is disclosed before the departure date in our belief such medical problem or disability is likely to endanger your health and safety and/or the health and safety of anyone else participating in the trip.
We may require you to obtain confirmation from a medical professional that you are fit to travel and participate in the trip. You acknowledge and agree that concerning your medical welfare we have a duty to you and to the other participants and, as such, if we reasonably believe that you are not sufficiently fit to take part in the trip, we may decline or cancel the booking at any time at our complete discretion. For this reason, it is essential that insurance is booked at the time of trip confirmation and trip payment.
Where you have come into contact with any infectious disease you must notify us immediately. Where the departure date falls within the accepted quarantine period for transmission of the disease, we reserve the right to cancel the booking as set out above; this shall be deemed to be cancellation arising from an event of Force Majeure pursuant to these terms and conditions and no compensation shall be payable to you.
Excursions: Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your contracted arrangements with us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
Conditions of suppliers: Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these Terms and Conditions are available on request from ourselves or the supplier concerned.
Complaints: If you have a problem during the trip, you must inform a Company representative immediately who will endeavor to resolve any issues. If a Company representative is unable to resolve the issue, please refer to the information sheet that you will have been provided with the 24-hour contact telephone number. If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at our office at 2 Clearwater Terrace, London, W11 4XL within 28 days of the end of your stay, giving your booking reference and all other relevant information. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect our and the applicable supplier’s ability to investigate your complaint and will affect your rights under this contract.
Jurisdiction: These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you are a permanent resident of either country.