Terms and Conditions

A. Parties

A.1 Your contract is with LIVE WELL ADVENTURES. From this point onwards Live Well Adventures will be referred to as the ‘Company’ or ‘we’ in respect of these Terms and Conditions, which apply to all of the tours on our website.

A.2 From this point onwards our customers will be referred to as ‘you’. You are the person whose details are entered when using the Company application form. You confirm that you have authority to complete the form on behalf of all other people within your group, for whom you will be responsible for in accordance with these Terms and Conditions.

B. The Contract

B.1 The Contract comprises of the following:

These Terms and Conditions
The specific itinerary for the tour that you have booked onto
The application booking form

These listed are hereby incorporated into and shall constitute the entire contract made between the Company and you. Should there be any discrepancy, these Terms and Conditions will prevail.

C. The Application Form and Deposit

C.1 In order for you to make a booking you must complete the Company Application Form. Once the Company Application Form has been utilised by you to make a booking, you will be booked onto the event. Additionally, you must submit a 25% deposit of the event cost per person.

C.2 The Contract between the Company and the Client will come into effect as of the date that notification of the acceptance of the deposit has been sent by the Company to the Client and is binding for both parties.

C.3 The Company reserves the right for any reason to return the deposit to you and refuse acceptance of your application for booking at any time, this includes after the tour has commenced, subject to as otherwise expressly provided within these Terms and Conditions.

D. Balance of Payment

D.1 The client will pay the balance of the event price no less than 30 days before the tours Departure Date. If you book an event less than 30 days before the tours Departure Date the Client must pay the tour price in full on booking the tour.

D.2 Should a Client be making an international payment the Client will ensure that the full GBP Sterling amount is received by the Company after all bank charges and any interest rate fluctuations have been levied.

E. Failure to pay the Balance of Payment when due

E.1 If the Client has not paid the balance 30 days prior to the events departure date the Company will treat the Contract as cancelled by the Client and keep the deposit.

F. Departure Date

F.1 The Departure Date is the date that the event commences.

G. Passports and Visas

G.1 You are responsible entirely for ensuring that your passport is fit for your chosen event. Additionally, you are responsible for ensuring that you have arranged the correct visas (should you require any) prior to your events departure date. We take no responsibility for the cancellation of your event in the event that you are not allowed to fly, or continue your event. Should you be unable to travel as a result of not obtaining or having a appropriate passport or visa we reserve the right to retain the full cost of the event.

G.2 It is you who must ensure that you are medically fit to travel and undertake the event. If, as a result of your health or fitness you are unable to participate in any part of the event we accept no responsibility. You are responsible for researching both; the events destination and the activities you intend to undertake on a event and determining if you are able to participate at the required fitness level for the duration of the event.

H. Cancellation by the Client

H.1 The Client acknowledges that through paying for a event they are contributing to the overall cost of equipment, logistical support, staffing and administration. In order to deliver events the Company will have incurred the vast majority of the running costs prior to the events departure date. All cancellation by a Client must be written.

H.2 All deposits are non-refundable. If you cancel your booking, cancellation charges will be imposed as shown below:

i. 90 days or more prior to departure date – loss of deposit
ii. 89-30 days before departure date – loss of deposit plus 60% of event cost
iii. Less than 30 days prior to departure date – 100% of event cost

H.3 All cancellations must be made by the person who submitted the company booking form.

H.3 Should the client choose to make a cancellation after the events departure date, no refund will be given for any unused portion or part of the event still to be provided. Should a client as a result of their own decision choose to make an alteration to or departs from the event, the remaining portion of the event will not be refunded and any expense occurred as a result of this decision will be entirely at the expense of the client.

H.4 Should a client as a result of their own decision choose to make an alteration to or departs from the event, the Company is not liable for the client’s movements.

I. Cancellation by the Company

I.1 The Company reserves the right to cancel the client’s event up until and after the departure date. However, the Company will normally only do this as a result of unforeseen circumstances such as flight cancellations, civil or political unrest. Additionally, should the event the client has been booked onto fail to meet the minimum number of clients needed, the company reserves the right to cancel the event up to the departure date. The minimum number of clients required for a event will be determined by the company.

I.2 In the event of cancellation caused by unforeseen or uncontrollable circumstances the Company will endeavor to reimburse the client the amount of money that can be retrieved from the Company suppliers.

I.3 Should the Company cancel an event as a result of not meeting the minimum number of clients required for a event, the Company will not accept liability for any consequential costs that the client may occur as a result. It is the client’s responsibility to ensure they have suitable insurance that covers consequential costs such as flight and accommodation changes or cancellations.

J. Foreign and Commonwealth Office (FCO) advice

J.1 You are responsible for ensuring that you have made yourself aware of any advice published by the FCO along will other credible agencies. You are responsible for making the decision that the countries you will go to as a result of the tour are safe.

J.2 The Company endeavours to ensure all our clients are informed regarding relevant changes to information published by the FCO. However, it remains up to you to ensure you are aware of the FCO’s advice and that you have the appropriate insurance based on the information.

J.3 The Company accepts no liability if you choose to cancel a booking as a result of advice FCO advice.

K. Changes by the Company

K.1 The Company reserves the right to make changes to any of the events up to and post the departure date without prior notice. The Company plans the events often upwards of 12 months in advance and occasionally changes to the itinerary must be made that are outside of our control. Any itinerary that is published is only an indication of what you will be doing during the event and is not contractual.

K.2 You agree that the specific nature of the event you have booked onto many need to change as a result of multiple factors outside the control of the Company. These changes maybe as a result of the following none exhaustive list; weather, natural disasters, political incidences or other manmade disasters. You agree to accept that you need to remain flexible in the run up to and throughout the event and that the Company is not responsible for delays or adjustments to the itinerary or expenses occurred as a result of alterations to the itinerary as a result of circumstances outside the control of the Company.

K.3 Should a large change to the event you booked onto be required you will be notified by the Company. The Company will decide what is categorised as a large change.

K.4 If the Company is required to make a large change to the itinerary prior to the events departure date the client has one of two options; accept the change to the event or cancel their booking within 7 days of being notified and be fully reimbursed for the balance of the event providing that the large change is not as a result of circumstances beyond the control of the Company.

K.5 If the Company is required to change the itinerary as the Company believes it in the best interest of the client to do so on or after the departure date, the Company reserves the right to do so without refunding the client. Should a change to the itinerary be required during the event it is the Company who will decide of a new itinerary. If as a result of a change to the itinerary a client does not choose to participate or cancel the remaining portion of the event no refund or compensation will be paid to the client.

L. Company and Client Responsibility

L.1 When you book with the Company you accept the potential risks that go with the event, be that risk to; injury, property damage along with any inconveniences that are associated with the event. By completing the Company application form you are also accepting the problems that may be encountered including natural or manmade disasters. Additionally, you are accepting the risks associated with altitude, sickness (illness or disease) along with the physical exertion of a event and that you may not be located in geographical position where immediate emergency care is available and that emergency extraction procedures will need to be enacted.

L.2 When you book onto a event you accept the risks associated with the variety of modes of transport that may be used throughout the event.

L.3 You agree that the responsibility of the Company to the client is to source independent sub-contractors who will provide reasonable transport based on the circumstances within the area of the event. You also agree that the Company is to provide reasonable additional services as required by the event.

L.4 When you book onto a tour using the Company application form you accept that the safety standards in the countries you visit on the event you are booked onto may not be as high as that of the UK.

L.5 The Company will make effort to ensure that the accommodation selected is safe and of good standard. However, the client accepts the risk that some accommodation may not be up to the usual safety standard associated with the UK.

L.6 The Company does not accept liability for compensation should there be no fault by the Company or the Company suppliers and that the reasons for the unacceptable performance of the event was as a result of it being the clients fault, the actions of persons not involved with the event or could not have been predicted or avoided by the Company or the suppliers the Company uses even when all actions have been taken to prevent any problems. Should the client suffer personal injury or death as a result of activities booked and undergone during the event, the same conditions apply.

M. Limitation of Liability

M.1 The Company is not responsible for you until you meet at the specified location at a specified time on the events departure date. The Company is not responsible for any expenses incurred to get you to the specified meeting location for the event you are booked onto.

N. Travel Insurance

N.1 Prior to the departure date of the event you have booked onto, you will source a comprehensive insurance plan that covers you and any dependents for; event cancellation, curtailment, medical expenses (to include repatriation as well as helicopter or air ambulance rescue as a result of accident or illness) and third party liability. Additionally, the clients insurance will cover the loss, theft or damage of any personnel positions. The insurance will be maintained throughout the event and will continue until at least 48 hours after the specified event end date. Furthermore, clients with preexisting medical conditions must ensure they have an adequate insurance policy to cover their preexisting medical conditions.

N.2 For events outside the UK the client will produce a copy of their insurance policy to the event guide on the first day of the event. Should the insurance not provide sufficient cover for the event you may not be able to continue the event with no right to a refund.

O. Next of Kin

O.1 Prior to the departure date for event you have booked onto, you are to provide the Company with the client’s next of kin information so that these person(s) can be contacted in the event of an emergency. The following information is required:

i. Full name
ii. Address
iii. Phone numbers and e mail address

P. Acceptance of Risk

P.1 By booking onto one of the Company events you accept that there is potentially significant risk when participating in a event. You accept and consent to any personal risk in the execution of this Contract. Additionally, you accept the limitations that the Company has as set out herein as being reasonable.

P.2 The Company reserves the right to request at any point prior to or during a event a doctors certificate certifying that the client to of suitable health to undertake the activities within the event.

Q. Release and waiver of Liability, Assumption of risk and Indemnity Agreement

Q.1 In reference to the participation of a event and the activities involved in one, the client represents that they fully understand the nature of the event and the activities involved and that they are physically fit enough and are in good health so that they can participate in the event and the involved activities.

Q.2 You fully understand that an event and the activities involved in one, involve serious risk that can caused by the clients actions or inaction, others involved in the event, the conditions and circumstances within which an event is taking place or the negligence of the “Release’s” named below; and that there may also be risks not known of or able to be foreseen at this time and that they fully accept and assume all these risks as well as excepting all responsibility for the losses, costs and damages they acquire as a result of their participation in the event and the activities involved.

Q.3 You hereby release, discharge and covenant not to sue Live Well Adventures as well as its directors, employees and other participates, each of whom will be considered one of the “Realeasees” herein for from all liability, claims, demands, losses or damage on their account caused by or alleged to have been caused by in part or whole by the negligence of the “Releases” or otherwise, this includes negligent rescue operations and that they also agree that if, despite this release, waiver of liability and assumption of risk the client or anyone on behalf of the client, attempt to sue any of the Releases they will indemnify, save and hold harmless each of the Releases from any loss, liability, damage or cost, if any that they may incur as a result of such a claim.

Q.4 You have read this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement and that you understand that you have given up substantial rights by completing the company application form and that you have completed it freely without any inducement or assurance of any kind and that you intent it to be complete and unconditional release of all liability to the maximum extent permitted by the law and you agree that if any part of this agreement is thought to be invalid the balance, in spite of, shall continue in full force and effect.

R. Company Event Leader

R.1 The Event Leader for all the Company events will be appointed by the Company. You will be informed as to who the event leader is for the event you have booked onto the date the event begins.

R.2 By meeting the event leader and continuing on the event, the Company and the event leader will assume you are aware of the event leaders identify and that you will accept instructions, direction and requests given by the event leader that are necessary for the continuation of the event.

R.2 Should the event leader believe that your physical fitness or behavior during the event is risking your safety or that of another member of the event, or that you are being inflexible and unreasonable and therefore affecting or potentially affecting the enjoyment of another member of the event, you may be asked to leave the event without the right to a refund or any form of compensation.

S. Compliance with Legislation

S.1 You will obey at their own expense and at their own liability comply with all legislation, passport and visa requirements, immigration policy as well as the custom and foreign exchange regulations for all the countries visited as a result of the event as well as any movement required to get both to and from the event. Should you fail to comply with the law as well as any requirements and regulations, subject to the provisions of these Terms and Conditions, the Company reserves the right to ask you to leave the event without the right to a refund or any other form of compensation.

T. Complaints

T.1 The Company will always attempt to address a complaint at the earliest opportunity. You agree to inform us of your complaint at the earliest opportunity.

U. General Conditions

U.1 Nobody, less for the Directors of the Company has the authority or is empowered to waiver any part of the Contract.

U.2 You acknowledge that prior to the Contract you have been given general information about health and fitness and on passport and visa requirements for an event and that you know of no reasons that would cause you to be unable to comply with these requirements.

U.3 Should any clauses within these Terms and Conditions become invalid, illegal or unenforceable it will not affect the continuation in force of the remainders of them.

U.4 The Contract shall be construed in accordance with English Law and the parties irrevocably submit the exclusive jurisdiction of the English Courts to resolve any disputes that may arise out of or in connection with the Contract.

V. Sharing of Personal Date

V.1 You agree that we may need to share your personal data with our suppliers to secure accommodation, transport and passes etc for the tour you have booked onto. Additional detail can be found on our Privacy Policy.