1. A deposit of £300 is payable at the time of booking. The deposit is non-refundable unless Madventure Ltd. is unable to offer the client a place or the client cancels within 14 days of the initial booking date after receiving the pre-departure information within the Madventure Client log in area.
2. A booking is made in the name of the client and is not transferable to another person. You are only permitted to transfer your deposit once to a future expedition, after that a further £300 non-refundable deposit will be required. Please note that you will be affected if you have transferred and there is a price increase as you will have to pay the ‘current expedition price’ at the time that the expedition balance payment is due.
3. The balance of the expedition payment is due no later than 12 weeks before the date of departure. If the full payment is not received 12 weeks prior to departure Madventure Ltd. may deem the booking cancelled and the deposit forfeited.
4. Cancellation of a booking must be notified in writing and when received by Madventure Ltd. the deposit is forfeited. The client acknowledges that payment for the trip is an intrinsic part of the trips income and contributes towards the overall costs of equipment, vehicle running costs, staff administration etc. and Madventure Ltd. will have incurred a large part of its costs before the actual departure date. You will not receive a refund of any amount after the balance of your expedition has been paid (which is due no later than 12 weeks prior to the expedition departing), nor are you able to transfer to another expedition therefore we recommend you take out your travel insurance from the date you make your expedition balance payment, 12 weeks prior to departure, so you are insured if you have to withdraw off the trip. If the reason for your cancellation is covered under the terms of your insurance policy you may be able to reclaim these charges but it is your sole responsibility to do so and we accept no liability for any acts or omissions of your insurance company.
5. It is unlikely that we will have to make any changes to your trip, but we do plan all trips many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible date. We also reserve the right in any circumstances to cancel your trip. For example, if the minimum number of clients required for a particular trip is not reached, we may have to cancel it. We also reserve the right at any time prior to the departure date without prior consultation with you to notify you in writing that the trip will be merged with one or more other trips travelling at the same time. This will not constitute a major change. However, we will not cancel your trip less than 60 days before your departure date, except for reasons of Force Majeureor failure by you to pay the final balance. If we are unable to provide the trip, you can either have a refund of all monies paid or accept an offer of an alternative trip of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value). It is understood that a minimum of 15 expedition members are required to run any Madventure Ltd. expedition and less than that may result in the cancellation of the expedition. In the event of this happening, all monies paid by the client towards the Expedition Cost only will be refunded. Madventure Ltd. is not responsible for reimbursing equipment, flights, cost of visas, vaccinations and medication etc. purchased by the client in the event of a cancellation.
6. Force Majeure – This means that we will not pay you compensation if we have to cancel or change your trip in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, epidemics or health risks, closed or congested airports, ports or stations, poor local infrastructure, changes imposed by re-scheduling or cancellation of transport by the transport supplier such as flights by airlines or main charterer, the alteration of transport or transport types, adverse weather conditions (actual or threatened), avalanche and technical failure with transport, Foreign and Commonwealth Office advice changing and advising against travel to the trip destination.
7. The trip cost and local payment cover transport, some relating ferry and train tickets and accommodation, meals and national park entry fees as specified on the website as well as the repair and replacement of camping equipment including stools, cooking equipment & utensils.
8. The expedition leader has sole responsibility for the local payment. Madventure Ltd. guarantees not to increase the trip price once the deposit has been received. Any Local Payment monies or stock remaining at the trip end are non-refundable.
9. The client undertakes to comply with the laws and regulations, whether in respect of health, immigration, currency exchange control or any other matter of all the countries visited during the expedition.
10. The client undertakes to obtain a valid passport and have enough blank pages in the passport for the trip and your specific passport and visa requirements, and other immigration requirements are your responsibilityand you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility and shall not be liable if you/the participant cannot travel or cannot participate in any part of the trip because you/the participant have not complied with any passport, visa or immigration requirements. For full information on any passport or visa requirements, see the UK Passport Office website – www.passport.gov.uk You are responsible for obtaining and having available the necessary documents (including but not limited to full, current passport with enough blank pages to complete the trip and valid for at least 9 months from the last day of the trip and visas for all periods, countries and territories within the trip) enabling you to participate in the trip and shall comply with all local legislation and regulations of the countries in which the trip takes place (including immigration requirements, customs regulations and currency exchange). You shall indemnify us against any loss or expense that we may incur or suffer as a result of breach of this condition by you. We cannot guarantee visa prices and availability of visas. Ultimately visas are the clients own responsibility to obtain.
11. Madventure Ltd. reserves the right to deviate from the advertised expedition route if in their reasonable opinion such deviation is necessary for the safety or wellbeing of any or any one of the members of the expedition or for the satisfactory progress of the expedition. In the event of it becoming necessary to fly over a country or countries in order to satisfactorily and safely continue the expedition, all costs of client’s flights will be borne by the client.
12. Madventure Ltd. accepts no responsibility for matters arising out of political disputes, border closures, epidemics, natural disasters, climate, armed robbery, terrorism etc. Should it become necessary to abandon an expedition because of such an event Madventure Ltd. will be entitled to retain such monies received as is necessary to cover costs incurred. Any excess will be refunded.
13. The client accepts that owing to the nature of countries visited, all expeditions involve an element of personal risk and are of a potentially hazardous and unpredictable nature. In many countries visited the basic infrastructure, such as roads, is very poor and therefore less safe than that familiar to people from many western countries. In particular, lack of road markings or warning signs, unmarked speed bumps, seasonal flooding of roads and bridges, local vehicles which are poorly maintained and driven and which are hazardous to other road users etc. are factors beyond the control of Madventure Ltd. The client accepts that in some areas we drive ‘off road’ and that this involves personal risk when the expedition vehicle can be negotiating rough terrain. Madventure owns and operates its own expedition vehicles and employs its own crew. Where stated, locally arranged transport and crew, including trains, ferries, buses or coaches are used. Where Madventure’s own vehicles and/or crew are not used for the above services, the client agrees that the obligation of Madventure to the client is to select normally competent, independent sub-contractors to provide the necessary services related to the trip and to exercise reasonable care in selecting such suppliers to provide these.
14. The client accepts that local emergency facilities are usually of a very limited nature. Hospitals outside of large cities often have no accident and emergency facilities and emergency transport facilities can be non-existent.
15. If you have a problem during your trip please inform the Expedition Leader immediately who will endeavour to put things right. If your complaint is not resolved locally please follow this up by writing to our registered office giving all other relevant information and, where possible, evidence. We must receive any such complaint not later than 28 days from the date of completion of your trip. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. We do not accept any liability or responsibility for any personal possessions (including but not limited to cameras, jewellery, valuables and money) which is carried on or in our vehicles, carried on public transport or transport supplied by independent subcontractors, left in accommodation provided by us or our suppliers during a trip or left in our care during a trip; such items are carried and/or left at your own risk.
16. Excursions or other tours that you may choose to book or pay for whilst you are on trip are not part of your trip arrangements provided by 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. Clients accept that the prices quoted for optional activities are approximate as local prices can and do change. Any of the optional activities listed are not necessarily endorsed or recommended by Madventure Ltd. Clients also accept that they undertake any activity at their own risk & their participation is their own decision & does not form any part of their contract with Madventure Ltd. Madventure Ltd. does not take responsibility for cancellations, unreliability of services or safety of operators, agents or contractors.
17. Whilst a trip is in progress you will (or where a parent or legal guardian has entered into this contract on behalf of a participant they will ensure that the participant will) act at all times in accordance with all reasonable instructions from us and/or the trip leader. We may exclude you/the participant from the trip or any part thereof at any time (including during the trip itself) if we are of the opinion that you (or the participant) are likely to prejudice the good order, discipline or safety of the trip, including as a result of you failing to comply with the trip leader’s instructions, breaking any law or regulation of any country where the trip takes place or you (or the participant) fail to adhere to the trip code of conduct, provided that we exercise our discretion reasonably in this regard. In such event you shall reimburse to us any reasonable costs, losses or expenses which we incur or suffer as a result of our decision to exclude you/the participant.
18. In the event of you/a participant being excluded from a trip under the provisions of this condition, no refunds will be given and we will not be responsible for and you agree to indemnify us against any costs arising including costs of repatriation e.g. flights and losses or expenses.
19. By completing the declaration on the booking form you confirm that you appreciate the risks involved in the trip and that you (or where you are the parent or legal guardian, the participant) do/does not suffer (or has ever suffered) from any pre – existing medical condition that may actively prevent you/them from actively participating in the trip other than those that have been declared to us. It is your responsibility to ensure that you/the participant are medically fit enough to undertake the trip and to ensure that you have received the necessary inoculations and medications (and taken them as prescribed by your doctor) relevant to the destination country. Unless informed otherwise in writing we will assume that you are in good health and are not aware of any reason why you (or the participant) may be unsuited to taking part in the trip. We recommend that you/the participant consult your/their doctor before making a bookingto ensure that you/the participant are medically fit and are fully aware regarding the immunizations and medical issues related to your/the participant’s destination country. If you/the participant have any pre-existing medical condition, illness or disability, are undergoing medical treatment or, since entering into the contract, develop any medical condition, illness or disability or undergo any medical treatment; you will give us full particulars at the earliest opportunity and at the latest sixty (60) days before the departure date. If it is later discovered that a pre-existing condition was not declared within the specified time, and such condition would, if we had knowledge of it, have led to our refusal to accept or to cancel your booking, we reserve the right to withdraw you/the participant from the trip without any refund or recompense. In such event, you shall reimburse to us any reasonable costs, losses or expenses which we incur or suffer as a result. In the event of a participant being withdrawn from a trip, no refunds will be given and we will not be responsible for (and you agree to indemnify us against) any costs, claims, losses and expenses arising including costs of repatriation e.g. flights and legal expenses. By agreeing to these conditions, you provide your consent to us and our insurers obtaining your/the participant’s medical records should we consider it necessary. You will be responsible for any charges for the provision of the information. We reserve the right to inspect your/the participant’s vaccination book at any time and to withdraw you/the participant from the trip in the event that you/the participant have not received and/or taken all the requisite inoculations and/or medication. If the information provided by you is incorrect and we discover that the correct information affects your/the participant’s suitability to take part in the trip, we may terminate the contract and withdraw you/the participant from the trip without refund or recompense, including during the trip. In such event, you shall reimburse to us any reasonable costs, losses or expenses which we incur or suffer as a result. In the event of a participant being withdrawn from a trip, no refunds will be given and we will not be responsible for (and you agree to indemnify us against) any costs claims losses and expenses arising including costs of repatriation e.g. flights and legal expenses. You agree and acknowledge that certain activities undertaken whilst you are on the trip may be inherently hazardous and have risks associated with them. You agree to abide by all instructions given to you whilst you are on the trip and you acknowledge that we cannot be held responsible for any injuries that may arise as a result of you failing to comply with such instructions.
20. All participants must be covered by personal travel insurance. This must cover you fully against the cost of cancellation by you, medical care and repatriation should you become too ill to continue and must above all cover you against the cost of air evacuation should sickness or injury necessitate such a course of action. You should also note that passenger liability insurance covering vehicles, particularly in third world countries, may be inadequate; it is therefore important that your insurance cover makes sufficient provision for your dependants in the event of an accident. Please note however that we have no control over the availability or standard of medical and repatriation services and facilities in the areas we visit and these do not form any part of our contract with you. Please remember that many of the areas we visit are not as developed as the UK and the availability and standard of such services may well be lower. Please read your policy details carefully and take them with you when you travel. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We do not check individual insurance policies for suitability.
21. Data Protection – We shall ensure that appropriate security measures are in place to protect your/the participant’s personal data (as defined in the Data Protection Act 1998). When you make a booking, you consent to all the information you provide being passed on to our suppliers, agents, sub-contractors, employees or volunteers whether based inside or outside the European Economic Area for the purposes of our providing you with the trip.
22. Promotional Materials – By agreeing to these terms and conditions, you/the participant consent (unless otherwise stated on your application form) to our staff taking photographs and or video footage of you/the participant during the trip and that these images may be used by us for publicity and training purposes including, but not limited to, in brochures, websites, marketing material and in the media.
23. Discount – The 10% discount offer is only valid for bookings made after 01 August 2011 and is only valid for bookings made 6 months or more prior to the departure date and does not apply to any other special offer or discount offered.
24. Where relevant it is understood that on any Madventure expedition the section of the expedition that travels through EU countries, USA and/or Canada is provided to you free of charge. You will not have to pay any additional fee to travel through EU countries, USA and/or Canada with us but it is understood that we do not operate for hire and reward in these areas. We do this purely as a legality in order to operate our specialised overland vehicles in these areas legally.
25. General – We shall be entitled to novate or assign the contract or any part of it to any third party. You shall not be entitled to assign the contract or any part of it. This contract is made on the terms of these conditions, which are governed by English law, and subject to the provisions of condition you agree to the exclusive jurisdiction of the English courts. If any of these conditions is found by any court or other competent authority to be wholly or partly unfair or unenforceable the validity of the rest of the booking conditions and the rest of the condition in question shall not be affected and shall remain valid and enforceable to the extent permitted by law. A reference in these conditions to a statute, convention or regulation shall be as a reference to that statute convention or regulation as amended, re-enacted or extended at the relevant time. The headings in these conditions are for convenience only and shall not affect their interpretation. Where the context otherwise requires, words importing the singular meaning shall include the plural meaning and vice versa and words denoting the masculine gender shall include the feminine and neuter genders. Where the context so admits, words denoting persons shall include natural persons, companies, corporations, firms, partnerships, limited liability partnerships, joint trips, trusts, voluntary associations and other incorporated and/or unincorporated bodies or other entities (in each case, whether or not having separate legal personality) and all such words shall be construed interchangeably in that manner.
In many countries we visit, the local vehicle accident insurance includes either very limited passenger liability or none at all. Madventure Ltd. has passenger liability insurance for some countries through which we travel but the client acknowledges that in many countries the expedition vehicle does not have the benefit of passenger liability insurance. The client agrees to indemnify Madventure Ltd. against any claim or demand made in respect of any accident, personal injury or loss of life caused to, contracted or suffered by the client during the course of the expedition.
26. If the expedition leader considers the actions or conduct of any client is likely to prejudice the safety or wellbeing of all or any members of the trip or satisfactory progress of the trip then he/she shall be entitled to order the client to leave the trip immediately with no refund of the trip price or local payment and all liability and responsibility that Madventure Ltd. may bear to the client will immediately cease, including any provision for alternative transport. The decision of the expedition leader will be final on all matters relating to the satisfactory progress, organization and wellbeing of the expedition. Clients must comply with all reasonable requests of the tour leader. If, in the opinion of Madventure Ltd. expedition leaders or directors, the health or conduct of a client at any time before or after departure appears likely to endanger the safe, comfortable or happy progress of a trip, the client may be excluded from all or part of the trip without refund or recompense. In the case of ill-health Madventure Ltd. may make such arrangements as it sees fit and recover the costs thereof from the client. If a client commits an illegal act the client may be excluded from the trip and Madventure Ltd. shall cease to have responsibility to/for them. No refund will be given for any unused services.
27. The information given in the brochure and other literature supplied is given in good faith but no warranty is given that it is correct.
28. No servant, agent or authorized representative of Madventure Ltd. has authority to commit Madventure Ltd. to any liability whatsoever and Madventure Ltd. will not be bound by any statement or representation unless it is in writing and signed by one of the directors.
29. Your contract is with Madventure Limited, a company registered in England and Wales whose registered office is at 93 Lashford Lane, Dry Sandford, Abingdon, Oxfordshire, OX136EB (Company No’ 6809461 ).