BOOKING TERMS AND CONDITIONS
Please read the following important Terms carefully, and check that You agree with them, before making a Booking with Us.
Each Booking You make in Our website will be governed by these Terms. By making a Booking with Us, You confirm that You agree to these Terms, and to enter into a legally binding agreement with Us. If You do not agree to these Terms, do not make a Booking with Us.
Do You need extra help?
If You would like this contract in another format (for example: large print) please contact Us using the contact details displayed on Our website.
About My Adventure Project
We provide high quality package holiday arrangements to destinations situated in Australia and New Zealand to customers.
Package Holiday Regulations
The combination of travel services offered to You under these Terms is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations. Therefore, You will benefit from all EU rights applying to packages. My Adventure Project Ltd will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, My Adventure Project Ltd has protection in place to refund Your payments and, where transport is included in the package, to ensure Your repatriation in the event that it becomes/they become insolvent. For more information on key rights under the Package Travel and Linked Travel Arrangements Regulations 20181, please click here2.
WHAT THESE TERMS AND CONDITIONS COVER
You wish to engage Us to provide the package holiday arrangements specified on Our Website. We agree to provide the Booking to You, subject to these Terms and Conditions.
- Who We Are and How to Contact Us
- About these Terms
- Price and Payment
- Your Legal Rights
- Changes to the Contract
- If There is a Problem with the Performance of Your Package
- Your Rights to Cancel or End the Contract
- Our Rights to End the Contract
- Events Outside of Our Control
- Complaints and Feedback
- How We Use Your Personal Information (Data Protection)
- Other Important Terms
- Regulations and Information
- Governing Law and Jurisdiction
- Schedule 1: Part I: Definitions
- Schedule 1: Part II: Rules of Interpretation
1. WHO WE ARE AND HOW TO CONTACT US
1.1 Who We are. When We say We, Us or Our, We mean My Adventure Project Ltd, a company registered in England and Wales under company number 13037353. We operate the website www.myadventureproject.com and subdomains (Website). Our registered office is at 46 Michleham Down, London, England, N12 7JN.
1.2 How to contact Us. If You wish to contact Us for any reason, including because You have any complaints, You do not believe that services were provided to You with reasonable care and skill, or wish to end Your contract with Us, You can contact Us:
(a) by email at firstname.lastname@example.org; or
(b) post to the address set out in clause 1.1 (Who We are) above.
1.3 How We may contact You. If We have to contact You, We will do so by email, text, or post, using the contact details You have provided to Us.
2. ABOUT THESE TERMS
2.1 What these Terms cover and Your rights under the Regulations.
The travel services offered to You under these Terms are a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018.
Therefore, You will benefit from all EU rights applying to packages. We will be fully responsible for the proper performance of the package as a whole.
Additionally, as required by law, We have protection in place to refund Your payments and, where transport is included in the package, to ensure Your repatriation in the event that it becomes/they become insolvent. For more information, see clause REF _Ref109044337 \r \h 3 (Insurance) of these Terms and/or click here for a summary of Your key rights.
2.2 Why You should read these Terms. Please read these Terms carefully before You submit a Booking order to Us. These Terms set out Your legal rights and responsibilities, Our legal rights and responsibilities, how We will provide Our services to You, how You and We may change or end the contract, what to do if there is a problem and other important information. If You think that there is a mistake in these terms, please contact Us to discuss. Please read these Terms carefully and make sure You understand them before ordering Our services from Us on Our Website. We will ask You to agree to these Terms before You place an order with Us. You should retain a copy of these Terms for future reference.
2.3 Language of these Terms. These Terms are only available in English. No other languages will apply.
2.4 Changes to these Terms. We may amend these Terms from time to time, for example, to reflect changes in law or best practice, or to deal with changes We introduce to Our services.
3.1 You are insured in the unlikely event that We become insolvent.At no extra cost to You, and in accordance with the Regulations, all passengers booking with Us are fully insured for their initial deposit, and subsequently the balance of monies paid as detailed in Your Booking confirmation. This includes repatriation if required, arising from the cancellation or curtailment of Your travel arrangements in the unlikely event of Our insolvency.
3.2 Our Policy. Please find details of Our insurance provider below. To check out the full policy agreement, click here.
Our policy is issued by Evolution Insurance Company Limited which is registered in Gibraltar No. 88737 with a registered office at 5/5 Crutchett’s Ramp, Gibraltar, GX11 1AA.
Evolution Insurance Company Limited is authorised and regulated by the Financial Services Commission in Gibraltar and authorised and subject to limited regulation by the Financial Conduct Authority (FCA) in the UK.
4.1 Acknowledgment of Your Booking order. When You place Your Booking order with Us, We will acknowledge it by telephone or email. This acknowledgement does not, however, mean that We can definitely accept Your order. We will tell You promptly if We cannot accept Your order as further described in clause 4.3 (If We cannot accept Your Booking). We will then typically proceed by holding a telephone call with You to discuss Your Booking order in further detail.
4.2 How We will accept Your Booking. Our acceptance of Your Booking will take place when We confirm Our acceptance to You by by email which will include the details and total price of Your Booking (Confirmation), at which point a contract will come into existence between You and Us.
4.3 If We cannot accept Your Booking. If We are unable to accept Your Booking, We will inform You of this and will not charge You for the service. This might be because of capacity reasons, an issue with authorising Your payment, or due to a mistake on the pricing or description of the services.
4.4 Your Booking order. We will assign a Booking number and tell You what it is when We accept Your Booking. It will help Us if You can tell Us the Booking number whenever You contact Us about Your Booking.
5. PRICE AND PAYMENT
5.1 Where to find the price for the services. The price of the services (which includes VAT) will be the price indicated on Our Website. We take all reasonable care to ensure that the price of the services advised to You is correct. It is important to check the details on the invoice when you get it. In the event of any discrepancy, please contact Us immediately .However please see clause 5.2 (What happens if We got the price wrong) for what happens if We discover an error in the price of the services You order.
5.2 What happens if We got the price wrong. It is always possible that, despite Our best efforts, some of the services We sell may be incorrectly priced. We will normally check prices before accepting Your Booking. If the services’ correct price at Your order date is higher than the price stated to You, We will contact You for Your instructions before We accept Your Booking. If We accept and process Your booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by You as a mispricing, We may end the contract and refund You any sums You have paid.
5.3 When You must pay. You can:
(a) pay for the Package in full at the point of Booking; or
(b) pay the Deposit at the point of Booking and the balance of the price of Your Booking in accordance with the terms of the Booking, and is clearly indicated on Your Booking confirmation.
5.4 How You must pay. We use a third party booking platform, Hero Travel Ltd, to process payments for Our Packages. Hero Travel Ltd use Stripe (a payment gateway) to process payments made. Payment can be made by any payment method accepted by that third party payment gateway from time to time. We use Stripe (a payment gateway) to process payments through our Website. Payment can be made by any payment method accepted by that third party payment gateway from time to time.
5.5 Failed Payments. If, for any reason, any payment due to Us can’t be charged to Your payment card or other form of payment in part or in full (for example, due to insufficient funds in the bank account linked to Your payment card, or because Your payment card has expired and You have not provided Us with details of another payment card), We will contact You to request that they are paid by a different method.
5.6 Failure to pay balance of Booking. If for any reason, the balance of your Booking is not paid on time we shall cancel your Booking in accordance with clause 10.3(a) and retain your Deposit.
6. YOUR LEGAL RIGHTS
6.1 Summary of Your key legal rights
We are under certain legal duties and You have certain rights in relation to Your contract with Us. See the box below for a summary of Your key legal rights. Nothing in these Terms will affect Your legal rights.
The Package Travel and Linked Travel Arrangements Regulations 2018 say that:
- You are entitled to transfer Your Booking to another traveller (see clause 7.1(a) (You are entitled to transfer Your Booking to another traveller)) provided that You pay for the costs of any such transfer;
- We are responsible for the proper performance of the travel services included in Your Booking. If the Package does not conform with the Booking, You must communicate this to Us without undue delay and We will seek to remedy this wherever reasonably possible (see clauses 8.1 (Non-conformance with Your Booking) and 8.2 (When You will not be entitled to compensation));
- We are obliged to provide assistance to You if You are in difficulty provided that You contact Us at the details set out at clause 1.2 (How to contact Us) to let Us know (for more information, see clause 8.3 (If You require assistance during the Package));
This is a summary of some of Your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call +44 (0)3454 04 05 06.
7. CHANGES TO THE CONTRACT
7.1 Changes by You
(a) You are entitled to transfer Your Booking to another traveller. You have the option to transfer Your Booking to another traveller (the Transferee) who satisfies all the necessary condition for the holiday if You give Us reasonable written notice of the transfer request (which should usually be at least 14 days prior to the outward departure date). In such circumstances, You and the Transferee will both be jointly and severally liable for Our charge for confirming the transfer, the costs of any changes and payment of the balance of the Package. However, the cost of any changes will not exceed the actual costs incurred by Us. We shall provide You with evidence of these costs on request.
(b) You must contact Us should You wish to make any changes to Your Booking. If, after making Your Booking and You wish to make any changes to the same, You should inform Us as soon as possible by a clear statement by email to the email address specified in clause 1.2 (How to contact Us).
(c) Where the requested changes are possible, You may be liable to pay a fee. We shall use reasonable endeavours to accommodate any changes You wish to make to Your Booking, however this may not always be possible. Where We can accommodate a change requested by You, We may charge a reasonable fee for changing a Booking dependent on the change requested, which shall be payable immediately upon Our confirmation of the changes being possible for Your Booking. For the avoidance of doubt, no changes shall be made to Your Booking if the fees associated with those changes are not made in full.
7.2 Changes by Us
(a) Insignificant Changes to Your Booking. If it is necessary for Us to make any Insignificant Changes to Your Booking, We will endeavour to notify You at soon as reasonably possible. There will be no compensation payable by Us to You for any Insignificant Changes, regardless of when You are notified of the same.
(b) Significant Changes to Your Booking. If it is necessary for Us to make a Significant Change to Your Package, where possible, We will offer an alternative of equivalent or higher quality than those specified in the original Booking. Where the alternative arrangement is of a lower quality then We will offer You a proportionate price reduction. In these circumstances, We will notify You without undue delay and You will have an option to terminate the contract without paying a termination fee. For more information, please see clause 9.4 (Your right to terminate the contract without a fee).
(c) Process following a Significant Change. We will give You a reasonable period within which You must respond to Our Significant Change notification which shall detail the alternative arrangement. If You fail to respond to this notification, We will send You a further notice. If You fail to respond within a reasonable deadline set by that further notice, the contract will terminate and We will refund all payments without undue delay and in any event no later than 14 days after the contract is terminated.
(d) Changes to the price of Your Booking. We may alter the price of Your Booking if the change is a consequence of one of the following specific reasons and we notify You to let You know no less than 20 days before the start of Your Package:
(i) Increase in transport costs due to changes in fuel prices or other power sources; and/or
(ii) Changes in taxes or fees on travel services imposed by third parties not involved in performance of the Package (for example, tourist taxes); and/or
(iii) Exchange rates if relevant to the Package.
If We need to alter the price of Your Booking in accordance with this clause 7.2(d) (Changes to the price of Your Booking), then We must contact You to let You know no less than 20 days before the start of Your Package and We will let You know the reasons why We need to make this change. However, [the cost of any changes will not exceed the actual costs incurred by Us and We shall provide You with evidence of these costs on request. If the price variations result in a downward adjustment to the price of Your Booking, then the price of Your Booking will be accordingly reduced and any refund due paid to You. If We need to increase the price of Your Booking in accordance with this clause 7.2(d) (Changes to the price of Your Booking) by more than 8% of the original price of Your Package , then You may have a right to terminate the contract in accordance with clause 9.4 (Your right to terminate that contract without a fee). For the avoidance of doubt, You will not have the right to terminate the contract for price increases of 8% or below.
8. IF THERE IS A PROBLEM WITH THE PERFORMANCE OF YOUR PACKAGE
8.1 Non-conformance with Your Booking. In the unlikely event that the Package does not materially conform with Your Booking, You may contact Us at the contact details set out in clause 1.2 (How to contact Us) to let Us know. Provided that You have contacted Us without undue delay, and subject to clause 8.2 (When You will not be entitled to compensation), We will remedy any lack of conformity with Your Booking unless it is impossible to do so, or costs would be disproportionate taking into account the lack of conformity and the value of the travel services affected. If We are unable to address the lack of conformity that substantially affects Your Package within a reasonable time period, then You may have a right to terminate in accordance with clause 9.4 (Your right to terminate the contract without a fee.)
8.2 If we are unable to provide the Package after departure. If after departure we are unable to provide a significant proportion of the Package we had agreed to provide as part of Your Booking then, subject to clause 8.2 (When You will not be entitled to compensation), we will do our very best to make suitable alternative arrangements. If we cannot do so or you refuse to accept these for good reasons, we will arrange to transport you to the point or contracted services commenced (if elsewhere than your hostel) as soon as we reasonably can.
8.3 When You will not be entitled to compensation for non-conformance. You will not be entitled to compensation for damages or have a right to terminate the contract if We can prove that lack of conformity is:
(a) attributable to You
(b) attributable to unforeseeable or unavoidable actions of a third party not connected to any of the travel services included in the package; or
(c) due to the unavoidable and extraordinary circumstances beyond our control described in clause 11 (Events Outside of Our Control (Force Majeure)), the circumstances of which could not have been avoided even if all due care had been exercised.
8.4 If You require assistance during the Package. In the unlikely event that You come into difficulty during Your Package and require assistance (for example, You require information on health services or need practical help in regard to finding alternative travel arrangements), You may contact Us at the contact details set out in clause 1.2 (How to contact Us) and We will endeavour to provide You with reasonably appropriate assistance. We reserve the right to charge a reasonable fee for such assistance if the difficulty is caused intentionally by You or through Your negligence. For the avoidance of doubt, this fee shall not exceed the actual costs incurred by Us in providing You with any such assistance.
9. YOUR RIGHTS TO CANCEL OR END THE CONTRACT
9.1 You may cancel the contract but may be required to pay a fee. You may cancel Your Package at any time before the start of the Package however, You may be required to pay an appropriate and justifiable termination fee to Us. For example, where We cannot cancel or redeploy the Package or any part thereof, a cancellation fee may be applicable in accordance with clause 9.2 (Cancellation fees). If You wish to cancel Your Package You should inform Us as soon as possible by a clear statement by email to the email address specified at clause 1.2 (How to contact Us).
9.2 Cancellation fees. If You request a cancellation to Us:
(a) 60 days or more from the departure date of Your Booking, We will refund You the full amount of the price of Your Booking;
(b) less than 60 days but more than 30 days from the departure date of Your Booking, We will refund You fifty per cent (50%) of the price of Your Booking; and
(c) 30 days or less from, on or after the departure date of Your Booking, no refund shall be given.
9.3 Payment of the cancellation fee. Our cancellation fees are to cover Our administrative and management costs in cancelling Your Booking, and also to compensate Us for the risk that We assume in the event We are unable to resell Your Booking. For the avoidance of doubt, if the cancellation fee is:
(a) greater than the payment(s) You have made to Us up to the point of cancellation, You shall make payment to Us of the difference; or
(b) less than the payment(s) You have made to Us up to the point of cancellation, We shall make payment to You of the difference, back to the original method of payment.
9.4 Your right to terminate the contract without a fee. If Your Package:
(a) is affected by Significant Changes;
(b) is affected by unavoidable and extraordinary circumstances that occur at the place of destination or its immediate vicinity which significantly affects the performance of Your Package; or
(c) subject to clause 8.2 (When You will not be entitled to compensation), does not materially conform with Your Booking and We have been unable to remedy this within a reasonable time period and this substantially affects the Package;
then, You shall have the option to cancel Your Booking without paying cancellation charges. In such circumstances, We will arrange for Your Booking to be cancelled and You to receive a refund without undue delay and in any event no later than 14 days after the contract is terminated. In all other circumstances, We reserve the right to charge a cancellation fee as set out in clause 9.2 (Cancellation fees).
9.5 You may end this contract if We break it. You may end this contract at any time by contacting Us using one of the methods set out in clause 1.2 (How to contact Us) if We break these Terms materially or repeatedly, and, if what We have done can be put right, but We fail to put it right after You have notified Us of that breach and given Us a reasonable opportunity to do so. If You end this contract because We break it, the contract will end immediately, and We will refund to You any sums paid by You for services not provided to You.
9.6 Method of refund. In the event that You are entitled to a refund in accordance with these Terms, We will refund You using the same method used to make the payment, unless You have expressly agreed otherwise. You will not incur any fees as a result of the refund.
10. OUR RIGHTS TO END THE CONTRACT
10.1 When You are entitled to a refund if We cancel Your Booking. Except for the circumstances set out in clause 10.2 (When You are not entitled to a refund if We cancel Your Booking), in the unlikely event that We need to cancel Your Booking, You will be entitled to a refund of any monies We have received from You as payment for all of, or part of, the price of the Package.
10.2 When You are not entitled to a refund if We cancel Your Booking. We will not be required to refund You or grant You any other compensation for a cancellation or other non-performance of the contract if:
(a) the minimum number of participants has not been reached (if applicable to Your Booking and You were notified of this prior to making a Booking). In these circumstances, We will notify You no later than:
(i) 20 days before the start of the package for trips lasting more than 6 days;
(ii) 7 days for trips lasting between 2 and 6 days; or
(iii) 48 hours for trips lasting less than 2 days.
(b) We are prevented from performing the contract in accordance with clause 11 (Events Outside of Our Control (Force Majeure)). In these circumstances, We will notify You as soon as possible.
10.3 When We may end this contract if You break it. We may end the contract for services at any time by writing to You if:
(a) You do not make any payment to Us when it is due and You still do not make payment within 14 days of Us reminding You that payment is due;
(b) You do not, within a reasonable time of Us asking for it, provide Us with information that is necessary for the provision of the services.
10.4 You must compensate Us if You break the contract. If We end the contract in the situations set out in clause 10.1 (When You are entitled to a refund if We cancel Your Booking) We will refund any money You have paid in advance for services We have not provided but We may deduct or charge You reasonable compensation for the loss We incur as a result of Your breaking the contract.
11. EVENTS OUTSIDE OF OUR CONTROL (FORCE MAJEURE)
11.1 We are not liable for events outside our control. We will not be liable for any failure or delay in performing Our obligations under the Terms where the failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to:
(a) war or the threat of war;
(b) riot or civil disturbance;
(c) terrorist or threatened terrorist activity;
(d) perceived security threats;
(e) industrial disputes or threatened industrial disputes;
(f) actions of national or local governments;
(g) natural or nuclear disasters;
(h) fire or flood;
(i) adverse weather conditions;
(j) technical problems to transport (except where these are due to poor maintenance);
(k) airports and ports being closed or full; or
(l) changes brought about as a result of recommendations made by the Foreign and Commonwealth Office or any other government or international organisation or agency or the police.
11.2 Consequences of an event outside our control. If any event described under this clause 11 (Events Outside of Our Control (Force Majeure)) occurs that is likely to adversely affect Our performance of any of Our obligations under the Terms:
(a) We will inform You as soon as is reasonably possible;
(b) Our obligations under the Agreement will be suspended and any time limits that We are bound by will be extended accordingly;
(c) We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary; and
(d) You or We may terminate the Agreement.
12. COMPLAINTS AND FEEDBACK
12.1 Our complaints policy. We always welcome feedback from Our customers and, while We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint. All complaints are handled in accordance with Our complaints handling policy and procedure, available from emailing email@example.com.
12.2 How to contact Us with a complaint. We will try to resolve any disputes with You quickly and efficiently. If You are unhappy with Our services or any other matter, please contact Us as soon as possible using one of the contact methods set out in clause 1.2 (How to contact us).
12.3 Alternative dispute resolution. If You and We cannot resolve a dispute using our internal complaint handling procedure, We will let You know that We cannot settle the dispute with You. You have the right to refer it to the Association of Independent Tour Operators (AITO) which operates an Independent Dispute Settlement Service (We can provide You with details on request) for resolution of the dispute by a mediator provided the claim does not involve personal accident, injury or illness.
13.1 We are responsible to You for foreseeable loss and damage caused by Us. If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of our breaking this contract but our liability is subject to clauses 13.2 and 13.4.
13.2 When we are not responsible for loss or damages. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both We and You knew it might happen, for example, if you discussed it with us during the sales process.
We shall not be liable for, or pay You compensation in the event of any death, personal injury illness, loss, damage, expense, cost or any other claim if it arises from:
(a) any of Your acts or omissions;
(b) any acts or omissions of third parties that are unconnected with the provision of the arrangements under the Booking. For example sports and water sports that you participate in whilst on holiday that have been organised and arranged completely independently of Us. It should be understood that Your participation is at your own risk and it is Your responsibility to obtain the relevant insurance;
(c) business losses; we only supply services to you for domestic and private purposes and therefore we will not be responsible for any business losses and/or
(d) any circumstances set out in clause 11 (Events Outside of Our Control (Force Majeure)).
13.3 We do not exclude or limit in any way Our liability to You where it would be unlawful to do so. Nothing in the Terms is intended to or will limit or exclude Our liability:
(a) for death or personal injury caused by Our negligence;
(b) for fraud or fraudulent misrepresentation;
(c) for breach of Your legal rights in relation to the services as summarised at clause 6 (Your legal rights);
(d) arising under applicable laws relating to the protection of your personal information; or
(e) any other any matter in respect of which it would be unlawful for us to exclude or restrict liability.
13.4 Our overall liability cap. Subject to clause 13.3 (which deals with liabilities which would be unlawful for us to exclude) our liability in all cases will be limited to a maximum of three times the cost of your Booking.
14. TOURS AND ACTIVITIES
14.1 We do not provide or arrange excursions or activities other than those listed in Your Booking and forming part of the arrangements booked and paid for prior to your departure date. Our local representatives, suppliers or guides may put You in touch with local organisers of excursions or activities if you request but we can have no liability for such excursions or activities. Your contract for them will be with a local company providing the services and not with us and they are not operated, supervised, controlled or endorsed by us in any way.
14.2 We arrange and assist Our customers in booking a wide range of activities. Some of these involve, by their nature, inherent risks which can result in injury, or damage to property, or even death. Such activities include, for example, scuba diving. It is very important that You consider and take account of these risks before you engage, and whilst participating, in these activities as You are responsible for your own safety. This includes ensuring the operator of the activity has full and accurate information on everything relevant to Your participation (such as any medical condition or health issue and your level of ability and previous experience), even if this information has already been provided to Us. You must also follow all instructions and advice provided, wear and/or use available safety equipment (including requesting this if not offered at the outset), behave cautiously and form Your own judgment as to the safety of, and risks involved in, the activity.
15. HOW WE USE YOUR PERSONAL INFORMATION (DATA PROTECTION)
15.1 Under data protection legislation, we are the data controller of your personal data processed through our Website, and are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our privacy notice at https://myadventureproject.com/privacy-policy/. It is important that you read that information.
16. OTHER IMPORTANT TERMS
16.1 We may transfer this contract to someone else. We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business). If this occurs We will inform You in writing. Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them.
16.2 You need our consent to transfer your rights to someone else. You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission.
16.3 Nobody else has any rights under this contract. The Agreement is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement.
16.4 If a court finds part of this contract illegal, the rest will continue in force. If any provision of the Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement and the remainder of the provision in question will not be affected.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.
17. GOVERNING LAW AND JURISDICTION
17.1 These Terms and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
17.2 The parties irrevocably agree that the English courts shall have non-exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these Terms, its subject matter or formation (including non-contractual disputes or claims). If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
Schedule 1. DEFINITIONS AND INTERPRETATION
Part 1. Definitions
Agreement means the formal agreement between You and Us which constitutes these Terms and Conditions (including Schedules) and the Booking.
Booking means the package holiday arrangements as specified by You and confirmed by Us in accordance with clause 4 (Booking) of these Terms.
Deposit shall mean the non-refundable sum payable at the point of Booking in order to secure the Booking. This shall be a fee of £99 or as otherwise specified on Our Website or in Our Booking confirmation;
Insignificant Changes means any changes to the Package that do not significantly alter the main characteristics of the Package and shall include (but are not limited to) changes to:
(a) accommodation whereby You will be offered a suitable alternative that is of the same or higher standard, at no extra cost to You;
(b) the price of the Package by less than 8% of the original price of Your Booking.
Organiser means My Adventure Project Ltd (registered and incorporated in England and Wales with company number 13037353 and registered office at 46 Michleham Down, London, England, N12 7JN).
Regulations means The Package Travel and Linked Travel Arrangements Regulations 2018.
Significant Changes means material changes to Your Booking that significantly alter the main characteristic of the Package and shall include (but are not limited to) changes to:
(c) Your original destination area;
(d) accommodation whereby any alternative would be of a lower standard; or
(e) the price of the Package by over 8% of the original price of Your Booking.
Terms has the meaning given in clause 2.1 (What these Terms cover);
VAT value added tax chargeable in the UK.
Website has the meaning set out in clause 1.1 (Who We are).
We/Us/Our means the Organiser and includes its employees, agents and sub-contractors.
You/Your means a customer of the Organiser who has made a Booking.
Part 2. Rules of Interpretation
1. A reference to:
(a) a clause or the Schedule is to a clause of, or the Schedule to, these Terms and Conditions; and references to Parts are to the Parts of the Schedule;
(b) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(c) a statute, enactment, statutory provision, EU directive, other primary legislation or regulation, code or guideline having legal effect (legislation) shall include all subordinate legislation made under that legislation; in each case, as such legislation or subordinate legislation is amended, extended or re-enacted from time to time;
(d) an event, includes any transaction, event, act or omission, matter, fact or other circumstance (whatsoever);
(e) these Terms and Conditions (or any other document referred to in it) is to these terms and conditions (or that document) as amended or novated from time to time in accordance with its respective terms; and
(f) writing or written does not include fax.
2. Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
3. Any words following the terms including, include, in particular, for example (or any similar expression) shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms. Similarly, where the context permits, the words other and otherwise are illustrative and shall not limit the sense of the words preceding them.
4. Clause, Schedule and Part headings are inserted for convenience only and shall not affect the interpretation of these Terms and Conditions.
5. The Schedule forms part of these Terms and Conditions and shall have effect as if set out in full in the body of these Terms and Conditions.
6. Words in the singular shall include the plural and in the plural shall include the singular.