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.
The following Booking Conditions together with our privacy policy and, where your holiday is booked via our website, our website terms and conditions of use, together with any other written information we brought to your attention before we confirmed your booking govern your booking with My Adventure Project Ltd, a company registered in England with company no: 13037353 and registered office address of 51 Principle Point, Bridge Road East, Welwyn Garden City, Hertfordshire, United Kingdom, AL7 1HX (“we” “us” and “our”). Please read them carefully as they set out our respective rights and obligations. References to “you” and “your” in these Booking Conditions mean all persons named on the booking (including anyone who is added or substituted at a later date) or any of them.
References to “Travel Arrangement(s)” in these Booking Conditions are to the accommodation, flights, transport, activities, excursions and other services we feature on our website. References to “Supplier/Principal” means the third party supplier of the Travel Arrangements including but not limited to accommodation providers, transfer providers, car hire companies, airlines, tour operators and attraction providers.
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that he/she:
- has read these Booking Conditions and has the authority to and does agree to be bound by them;
- consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable, special categories of data (such as information on health conditions or disabilities and dietary requirements);
- is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
- accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
Please Note: We act only as an agent in respect of all bookings we take and/or make on your behalf. However, as our itineraries consist of multiple Travel Arrangements in such a way as to create a package holiday, we will accept responsibility for that as a “Multi-Contract Package” in accordance with the Package Travel and Linked Travel Arrangements Regulations 2018 (please see clause 2 below for further information as to the circumstances in which we will be acting as a Package Organiser).
You can find a copy of the Package Travel Regulations here: https://www.legislation.gov.uk/uksi/2018/634/contents
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If you would like this contract in another format (for example: large print) please contact us using the contact details displayed on our website.
WHO WE ARE AND HOW TO CONTACT US
If you wish to contact us for any reason, you can contact us:
(a) by email at hello@myadventureproject.com
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.
To view the full Bali Terms and Conditions, click here.
- Your Contract
- Insurance
- Booking
- Payment
- Pricing
- If You Change Your Booking
- Your Rights to Cancel or End the Contract
- Changes By The Supplier/Principal
- Our Responsibilities
- Behaviour
- Special Requests And Medical Requirements
- Events Outside of Our Control
- Complaints and Feedback
- Prompt Assistance
- Tours And Activities
- Visa, Passport And Health Requirements
- Foreign, Commonwealth And Development Office Advice
- Governing Law And Jurisdiction
- How We Use Your Personal Information (Data Protection)
- Other Important Terms
1. YOUR CONTRACT
When making your booking we will arrange for you to enter into a contract with the applicable Supplier/Principal of the Travel Arrangements, as specified on your confirmation invoice. Your booking with us is subject to these Booking Conditions and the specific terms and conditions of the relevant Supplier/Principal(s) you contract with and you we advise you to read both carefully prior to booking. The Supplier/Principal’s terms and conditions may limit and/or exclude the Supplier/Principal’s liability to you.
Your booking is confirmed and a contract between you and the Supplier/Principal will exist when we send you confirmation on their behalf.
2. Insurance
2.1 Your Insurance. It is a condition of booking that you take out suitable travel insurance. Your travel insurance must cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses, as well as ensuring you have cover for any activities you have booked, including additional cover for skiing/extreme sports/adventure travel and all other activities you have booked. If you choose to travel without adequate insurance cover, neither the Supplier/Principal nor we will be liable to you for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
2.2 Insolvency Protection. 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.
2.3 Our Policy. Please find details of our insurance provider below. To check out the full policy agreement, click here.
Our policy is issued by ABTOT which is registered in Gibraltar No. 5580 with a registered office at 69 Leadenhall Street, London, EC3A 2BG
My Adventure Project Ltd has been admitted to membership of The Association of Bonded Travel Organisers Trust Limited (ABTOT Limited) and hereby complies with the requirements of the Package Travel and Linked Travel Arrangements Regulations 2018 in regard to protection of customer prepayments and customer repatriation.
3. BOOKING
3.1 Acknowledgment of your Booking order. When you make a Booking, we will send you an acknowledgement and proceed to make the booking with the supplier/principal. Our acknowledgement does not mean that your booking has been confirmed.
3.2 Confirmation of your Booking. Your booking will be confirmed once the Supplier/Principal of the services in question has issued a confirmation in writing, which we will pass on to you. At this point a contract will exist between you and the Suppler/Principal in question.
4. PAYMENT
4.1 Where to find the price for the services. The price of the services 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 .
4.2 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, the Supplier/Principal may end the contract and refund you any sums you have paid.
4.3 When you must pay. In order to book your chosen Travel Arrangements, you must pay a deposit of £200 per person as required by the Supplier/Principal of the Travel Arrangements (or full payment if booking within 120 days of departure or as requested by the Supplier/Principal). If you have paid a deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will inform the Supplier/Principal(s) who may cancel your booking and charge the applicable cancellation fees (as set out in the Supplier/Principal’s terms and conditions), and your deposit will also be non-refundable.
4.4 How to pay. Payment of the deposit should be made directly to us through our website. We use Stripe (a payment gateway) to process payments through our Website. Payment can be made by any payment method accepted by Stripe, although we have no control over this.
Payment of the balance is made through a third party booking platform, Hero Travel Ltd, which processes payments to each Supplier/Principal.
4.5 Our Service Charges. In certain circumstances we apply a service charge for the agency service we provide, in addition to any charge levied by the Supplier/Principal, as follows:
SERVICE | CHARGE |
Cancellation of booking | Principal’s charge + loss of deposit |
Amendment of booking | Principal’s charge + £25 per person |
Special requests after booking has been confirmed | Principal’s charge + £25 per person (min £25 per booking) |
5. PRICING
5.1 We reserve the right to increase the price of confirmed Travel Arrangements within that Multi-Contract Package solely to allow for increases which are a direct consequence of changes in:
- the price of the carriage of passengers resulting from the cost of fuel or other power sources;
- the level of taxes or fees applicable to the Travel Arrangements imposed by third parties not directly involved in the performance of the Travel Arrangements, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and
- the exchange rates relevant to the Travel Arrangements.
5.2 You will be charged for the amount of any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the total price of the confirmed Multi-Contract Package (excluding any amendment charges and/or additional services), you will have the option of accepting the price increase and paying the requested amount, accepting a change to another Multi-Contract Package if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements not forming part of your Multi-Contract Package. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date on your confirmation.
5.3 Should the price of your Multi-Contract Package go down due to the changes mentioned above then any refund due will be paid to you, less an administration fee of £50. However, please note that Travel Arrangements are not always purchased in local currency and some apparent changes may have no impact on the price of your Multi-Contract Package due to contractual and other protection in place.
5.4 There will be no change made to the price of your confirmed Multi-Contract Package within 20 days of your departure nor will refunds be paid during this period.
6. IF YOU CHANGE YOUR BOOKING
6.1 Transferring 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 120 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 imposed by the Supplier/Principal and payment of the balance of the Package.
6.2 Changing or Cancelling your Booking. Any cancellation or amendment request must be sent to us in writing, by email, and will take effect at the time we receive it. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that the Supplier/Principal will meet such requests. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier/Principal of your Travel Arrangements. The Supplier/Principal may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the Travel Arrangements and will normally increase closer to the date of departure). In addition, you must pay us a fee as set out in the Service Charges table at 4.5 above. We will notify you of the exact charges at the time of amendment or cancellation.
6.3 If You Cancel your Multi-Contract Package due to Unavoidable & Extraordinary Circumstances. You have the right to cancel your confirmed Multi-Contract Package before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the Multi-Contract Package or significantly affecting transport to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.
7. YOUR RIGHTS TO CANCEL OR END THE CONTRACT
7.1 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 7.2 (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).
7.2 Cancellation fees. If You request a cancellation to Us:
(a) 120 days or more from the departure date of Your Booking, We will refund You the full amount of the price of Your Booking minus your deposit;
(b) less than 120 days but more than 60 days from the departure of Your Booking, We will refund You eighty per cent (80%) of the price of Your Booking minus your deposit; and
(c) 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, minus your deposit; and
(d) 30 days or less from, on or after the departure date of Your Booking, no refund shall be given.
7.3 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 7.2 (Cancellation fees).
7.5 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.
7.6 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.
8. CHANGES BY THE SUPPLIER/PRINCIPAL
8.1 Insignificant Changes to Your Booking. If it is necessary for the Supplier/Principal to make any insignificant changes to your Travel Arrangements , we will endeavour to notify you at soon as reasonably possible, but we will have no liability to you. Examples of insignificant changes include alteration of your outward/return flights by less than 12 hours, change of accommodation to another of the same or higher standard.
8.2 Significant Changes to Your Booking. Occasionally the Supplier/Principal may have to make a significant change to your confirmed Travel Arrangements. Examples of “significant changes” include the following, when made before departure:
- A change of accommodation area for the whole or a significant part of your time away.
- A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
- A significant change to your itinerary, missing out one or more destination entirely.
8.3 If it is necessary for the Supplier/Principal to make a Significant Change or cancel your Travel Arrangements, we will tell you as soon as possible, and if there is time to do so, we will offer you the choice of:
i (for significant changes) accepting the changed Travel Arrangements; or
ii having a refund of all monies paid; or
iii accepting an offer of alternative travel arrangements of comparable or higher standard if available (at no extra cost); or
iv if available, accepting an offer of alternative travel arrangements of a lower standard, with a refund of the price difference between the original Travel Arrangements and the alternative travel arrangements.
8.4 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 arrangements. 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.
8.5 Compensation. In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:
- If, where the Supplier/Principal makes a significant change, you do not accept the changed Travel Arrangements and cancel your booking;
- If the Supplier/Principal cancels your booking and no alternative travel arrangements are available.
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
Period before departure in which we notify you | Amount you will receive from us* |
More than 30 days | £0 |
15 – 30 days | £20 |
Less than 15 days | £40 |
*IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
- where the Supplier/Principal makes an insignificant change;
- where the Supplier/Principal makes a significant change or cancels your Travel Arrangements more than 60 days before departure/start date;
- where the Supplier/Principal makes a significant change and you accept those changed Travel Arrangements or you accept an offer of alternative Travel Arrangements;
- where the Supplier/Principal has to cancel your Travel Arrangements as a result of your failure to make full payment on time;
- where the change or cancellation by the Supplier/Principal arises out of alterations to the confirmed booking requested by you;
- where the Supplier/Principal is forced to cancel or change your Travel Arrangements due to Force Majeure (see clause 12).
If the Supplier/Principal becomes unable to provide a significant proportion of the Multi-Contract Package that you have booked after you have departed, we will, if possible, make alternative Travel Arrangements for you at no extra charge and where those alternative Travel Arrangements are of a lower standard, provide you with an appropriate price reduction.
9. OUR RESPONSIBILITIES
9.1 Where you have booked a Multi-Contract Package where we are acting as a Package Organiser, although we still act as agent for the Supplier/Principals of your chosen Travel Arrangements and your contract will be with the Supplier/Principals, we will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of the travel services specifically included in your package, as set out in your travel vouchers and the information we provided to you regarding the services prior to booking. Please note that we shall not be responsible for any additional services provided to you, whether provided by the travel service providers or otherwise, which are not set out in your travel vouchers and the information we provided to you regarding the services prior to booking.
9.2 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:
- the act(s) and/or omission(s) of the person(s) affected; or
- the act(s) and/or omission(s) of a third party unconnected with the provision of the services forming part of your Multi-Contract Package and which were unavoidable and extraordinary; or
- Events Beyond Our Control (as defined in clause 11).
9.3 We limit the amount of compensation we may have to pay you if we are found liable under this clause:
- 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.
- 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.
- Claims in respect of international travel by air, sea and rail, or any stay in a hotel
- i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel Travel Arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your Multi-Contract Package booking 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 Multi-Contract Package booking.
- ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you arising out of your Multi-Contract Package booking, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
9.4 Subject to these Booking Conditions, if we or the Supplier/Principal negligently perform or arrange those services set out in the travel vouchers and the information we provided to you regarding the services prior to booking and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation in respect of any claim for damages or compensation whatsoever will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or the Supplier/Principal’s negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or the Supplier/Principal(s) have been negligent if you wish to make a claim against us
9.5 It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our Supplier/Principal(s) strictly in accordance with the complaints procedure set out in these conditions.
9.6 Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
9.7 Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:
(a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur;
(b) relate to any business; or
(c) indirect or consequential loss of any kind.
9.8 We will not accept responsibility for services or facilities which were not included on your booking confirmation or where they are not advertised in our brochure / on our website. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
9.9 Where it is impossible for you to return to your departure point as per the agreed return date of your Multi-Contract Package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3-night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your Multi-Contract Package. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.
10. YOUR BEHAVIOUR
10.1 You are expected to conduct yourself in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in the Supplier/Principal’s opinion or in the opinion of any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, the Supplier/Principal reserves the right to terminate your booking immediately with no further liability to you. You and/or your party may also be required to pay for loss and/or damage caused by your actions and you and each member of your party will be jointly and individually liable for any damage or losses caused. Full payment for any such damage or losses must be paid directly to the Supplier/Principal prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us because of your actions together with all costs we incur in pursuing any claim against you.
10.2 We cannot be held responsible for the actions or behavior of other guests or individuals who have no connection with your booking arrangements or with us.
11. SPECIAL REQUESTS AND MEDICAL REQUIREMENTS
15.1 Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. We will pass your request on to the Supplier/Principal but we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the Supplier/Principal is not confirmation that the request will be met.
15.2 We are not a specialist disabled holiday company but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your trip, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen Travel Arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in your chosen tour.
15.3 Acting reasonably, if the Supplier/Principal is unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking on the Supplier/Principal’s behalf or, if you did not give us full details at the time of booking, we will inform the Supplier/Principal who may cancel it and impose applicable cancellation charges, when we become aware of these details.
12. EVENTS OUTSIDE OF OUR CONTROL (FORCE MAJEURE)
12.1 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.
12.2 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.
13. COMPLAINTS AND FEEDBACK
13.1 As the contract for your Travel Arrangements is between you and the Supplier/Principal, any queries or concerns about your Travel Arrangements should be addressed to them in the first instance. If you have a problem with your Travel Arrangements whilst using them, this must be reported to the Supplier/Principal immediately. If you fail to follow this procedure there will be less opportunity for the Supplier/Principal to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.
13.2 If you wish to complain when you return home, write to the Supplier/Principal. You will see their name and contact details in any confirmation documents we send you.
13.3 If you remain unsatisfied, you can inform us, via hello@myadventureproject.com as soon as possible and, in any event, within 28 days of your return to the UK whereby we will endeavour to assist in our capacity as an agent by liaising with the Supplier/Principal on your behalf.
14. PROMPT ASSISTANCE
13.1 In the unlikely event that you come into difficulty during your trip 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 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. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements.
15. TOURS AND ACTIVITIES
15.1 We do not provide or arrange excursions or activities other than those listed in your Travel Arrangements. 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.
15.2 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.
16. VISA, PASSPORT AND HEALTH REQUIREMENTS
16.1 It is your responsibility to check and fulfil 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.
16.2 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. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports.
Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check https://uk.usembassy.gov. For European holidays you should obtain a completed and issued form EHIC prior to departure.
16.3 Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit https://www.gov.uk/travelaware.
16.4 Non British passport holders, including other EU nationals, should obtain 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.
16.5 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.
17. FOREIGN, COMMONWEALTH AND DEVELOPMENT OFFICE ADVICE
17.1 You are responsible for making yourself aware of Foreign, Commonwealth And Development Office (FCDO) advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the FCDO to avoid or leave a particular country may constitute Force Majeure (see clause 11).
18. GOVERNING LAW AND JURISDICTION
18.1 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.
18.2 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.
19. HOW WE USE YOUR PERSONAL INFORMATION (DATA PROTECTION)
19.1 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.
20. OTHER IMPORTANT TERMS
20.1 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.
20.2 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.
20.3 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.
20.4 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.
20.5 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.
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 £200 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.