Expeditions - Terms and Conditions
1. BASIS OF CONTRACT
1.1 Your order (Order) is an offer to purchase an Expedition in accordance with these Conditions. Acceptance occurs only when we issue an Invoice, at which point the Contract begins.
1.2 Advertising materials, brochures, and website content are for illustrative purposes only and do not form part of the Contract.
1.3 These Conditions exclude any other terms the Customer seeks to impose or those implied by law or custom.
1.4 Proposals or quotations are not binding; bookings are confirmed only upon payment of the Deposit.
2. EXPEDITIONS
2.1 Adventure Residentials Ltd will deliver the Expedition as detailed in the Expedition Details.
2.2 We reserve the right to make non-material changes or adjustments necessary for legal or regulatory compliance.
2.3 We warrant that expeditions are managed with reasonable care, using qualified instructors and maintaining all necessary licenses.
3. CUSTOMER'S OBLIGATIONS
3.1 The Customer must ensure all details provided are accurate, cooperate with our requests, notify us of changes in participant numbers, obtain necessary permissions for minors, and keep any provided equipment safe.
3.2 We are not liable for delays caused by Customer Default, and the Customer shall reimburse us for costs incurred due to such defaults.
4. CHARGES AND PAYMENT
4.1 Charges are specified in the Invoice.
4.2 A non-refundable Deposit is required to confirm booking dates.
4.3 The Balance Invoice is due three months before the Expedition Start Date, unless otherwise specified.
4.4 The Balance Invoice (or revised Balance Invoice) must be paid in full to our nominated bank account in accordance with our Terms and Conditions.
4.5 Failure to pay by the due date may result in the recovery of all related legal and professional costs.
5. CHANGES AND CANCELLATIONS
5.1 We will attempt to accommodate changes in participant numbers, though this may result in adjusted per-participant charges.
5.2 Adventure Residentials Ltd organises its business and incurs costs based on expedition bookings for the year ahead, with many expeditions being booked well in advance. Therefore any changes and cancellations are subject to the following refund schedule, minus any costs, losses, liabilities, and professional fees incurred in recovering unpaid amounts or resulting from any failure to make payment according to this contract.
- After the Balance Invoice due date:
0% refund
- Between the due date and 4 months prior:
25% refund
- 4 to 6 months prior:
50% refund
- More than 6 months prior:
75% refund
5.3 If we must cancel due to resource issues (excluding Force Majeure), a full refund will be provided.
6. INTELLECTUAL PROPERTY RIGHTS
All intellectual property arising from the Expedition belongs to Adventure Residentials Ltd. Customers are granted a non-exclusive license to use provided materials solely for planning and facilitating participation.
7. LIMITATION OF LIABILITY
7.1 We have obtained insurance cover for our liability under this contract. Please note that business interruption insurance is not available to us. The limits and exclusions in this clause reflect the insurance coverage we have arranged.
7.2 The restrictions on liability apply to every liability arising under or in connection with this contract, including liability in contract, negligence, misrepresentation, restitution, or otherwise.
7.3 Nothing in this contract limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any liability that is unlawful to exclude.
7.4 Subject to clause 7.3, our total liability to you under this contract shall not exceed the charges paid or owing by you to us
7.5 Subject to clause 7.3, we shall not be liable to you for loss of profits, sales, business, agreements, or contracts; loss of anticipated savings; loss of data or information; damage to goodwill; or any indirect or consequential losses.
7.6 This clause 7 shall survive the termination of this contract
8. TERMINATION
8.1 Adventure Residentials Ltd may terminate the Contract if payment is more than 10 business days late
8.2 Either party may terminate for a material breach not remedied within 14 business days..
8.3 On termination of the Contract, all outstanding invoices must be paid immediately, and all equipment must be returned.
9. GENERAL
9.1 Force majeure.
(a) We will not be liable for any failure or delay in performing our obligations if such delay results from a Force Majeure event, provided we notify you of the occurrence and its likely effect as soon as reasonably practicable.
(b) We will use reasonable endeavors to mitigate the effects of any Force Majeure event.
(c) While expeditions run in most weather conditions, we may cancel if health and safety are at risk. In such cases, we will notify you as soon as reasonably practicable. As most costs are incurred by the Expedition Start Date, we will use reasonable endeavors to rearrange the expedition at a 50% discount.
For other Force Majeure cancellations, we will act reasonably when considering rearrangements at a reduced rate or potential refunds, taking into account incurred costs and existing cancellation provisions.
9.2 General Provisions
(a) Adventure Residentials Ltd may assign or subcontract our rights and obligations. You may not do so without our prior written consent.
(b) The Customer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without the prior written consent of Adventure Residentials Ltd.
9.3 Confidentiality. Both parties agree to keep business and client information confidential, disclosing it only to necessary personnel or as required by law.
9.4 Entire agreement. This contract constitutes the entire agreement and supersedes all previous understandings.
9.5 Variation. Any changes to this contract must be made in writing and signed by both parties.
9.6 Waiver. A failure to exercise a right does not constitute a waiver of that right in the future.
9.7 Severance. If any part of this contract is found invalid, the remainder remains in effect.
9.8 Notices. Formal notices must be in writing and delivered by hand, post, or email. Receipt is deemed at the time of transmission or two business days after posting.
9.9 Third party rights. This contract does not grant rights to third parties.
9.10 Governing law. This agreement is governed by the laws of England and Wales.
9.11 Jurisdiction. The courts of England and Wales have exclusive jurisdiction over any disputes.
10. INTERPRETATION
The following definitions and rules of interpretation apply in these Conditions.
10.1 Definitions:
Business Day Monday to Friday, excluding UK public holidays.
Balance Invoice the invoice for the balance of the Charges following payment of the Deposit Invoice, as may be adjusted in accordance with clause.
Charges Fees for the expedition as set out in your invoices.
Conditions these terms and conditions as amended from time to time in accordance with clause .
Contract the contract between Adventure Residentials Ltd and the Customer for the supply of Services in accordance with these Conditions.
Customer the person or firm who purchases Services from Adventure Residentials Ltd.
Deposit Twenty five percent (25%) of the Charges.
Deposit Invoice has the meaning given to it in clause.
Force Majeure Circumstances beyond our control, including extreme weather, pandemics, civil unrest, government actions, or utility failures.
Expedition the services supplied by Adventure Residentials Limited to the Customer as set
out in the Expedition Details.
Expedition Dates the dates on which the Expedition will take place as set out in the Deposit Invoice.
Expedition Details the details of the Expedition provided in writing by Adventure Residentials to the Customer in the Deposit Invoice, including group size, locations, expedition dates.
Expedition Start Date The start date of the expedition is set out in the Expedition Details.
Participants Individuals participating in the expedition as notified by you
Adventure Adventure Residentials Ltd Adventure Adventure Residentials Ltd, incorporated and registered in England and Wales Residentials with company number 12305104 with its registered offices at 22 Cambourne Ave, Whitchurch, Cardiff, CF14 2AQ