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Independent Expeditions Terms and Conditions

Please read these booking conditions carefully, they form an important part of the contract for your Expedition.

Please take the time to read these carefully, as they are written to protect your interests. You are bound by these Terms and Conditions, herein set out, upon confirmation of an Expedition whether by electronic mail or post. (You should accept these terms only if you have carefully read and understood the contents).

1. INTERPRETATION

1.1
“Agreed Point of Departure” means the airport, unless otherwise stated, which the Expedition shall depart from, as notified by World Challenge to the Customer.

1.2 “Challenger” means the person who is participating in the World Challenge Expedition pursuant to this Contract.

1.3 “Conditions” means the information and terms and conditions contained in this document.

1.4 “Contract” has the meaning given at clause 2.1.

1.5 “Customer” means the Challenger is eighteen years of age or older or if the Challenger is under 18 the parent or legal guardian of the Challenger who signs the booking form or the parent of the Challenger if the Challenger is under eighteen years of age.

1.6 “Departure Date” means the date on which the Group departs from the Agreed Point of Departure at the start of the Expedition.

1.7 “Direct Debit” means a method of payment whereby an agreement is made between the Customer and their bank. For non GBP Sterling accounts, this method of payment shall be by Standing Order instead.

1.8 “Expedition”, “travel arrangements” and “booking” means the expedition booked by the Customer as referred to in clause 1.16 and includes any substitute expedition or placement offered under clause 10.

1.9 “Expedition Leader” means the person or persons appointed by World Challenge to lead the Expedition.

1.10 “Group” means the Challengers and accompanying adults participating in the Expedition.

1.11 “Group Company” means World Challenge, any company of which it is a subsidiary (its holding company) and any other subsidiary of such holding company; and each company in a group is a member of the group.

1.12 “Major Change” includes, but is not limited to, a significant change in the itinerary, destination or the length of the Expedition.

1.13 “Minor Change” means any change that is not a Major Change. This may include, but is not limited to changes to the itinerary that do not affect the overall integrity of the expedition.

1.14 “Parent” means the Challenger’s parent or legal guardian.

1.15 “Price” means the amount payable by the Customer to World Challenge for the Expedition, as previously notified by World Challenge to the Customer in writing.

1.16 “Programme” means the skills development programme provided by World Challenge including the planning, preparation, training for and ultimately, participation in the Expedition.

1.17 “World Challenge”  or “we” means World Challenge Expeditions Limited, registered number 2173751, a wholly owned subsidiary of TUI Travel PLC. Registered office address at: TUI Travel House, Crawley Business Quarter, Fleming Way, Crawley, West Sussex, RH10 9QL.

2. YOUR CONTRACT

2.1 Your contract for the provision of the Expedition and Programme is with World Challenge.

3. ACCEPTANCE

3.1 When you make a booking  you confirm that you have the authority to accept and do accept the terms and conditions set out below. If at the time of booking you are aged 18 years or under these terms & conditions of booking must be accepted by your legal guardian. Please read these conditions carefully as you will be bound by them. There may be additional conditions that apply to a specific Expedition, in which case these additional conditions will be sent out to you at the time of booking.

3.2 The Customer confirms that the application form has been completed fully and accurately and will inform World Challenge at least sixty (60) days before the Departure Date or immediately if within sixty (60) days of the Departure Date, if any of the details provided on the application form have changed.

3.4 If you book an Expedition through us, once your place has been confirmed we will accept responsibility for it in accordance with these terms and conditions as an "organiser" under the Package Travel, Package Holidays and Package Tours Regulations 1992. A package  is a combination of at least two elements out of (a) transport, (b) accommodation or (c) other tourist services (not ancillary to any transport or accommodation and forming a significant part of the arrangements) where booked through us at the same time, for which payment is made to us and which last at least 24 hours, or include overnight accommodation. Where transfers, insurance, or other services have been separately purchased these will be subject to terms and conditions of the original supplier, you should therefore consider that any ancillary services are sold on a non-changeable, non-refundable basis.

4. EXPEDITION

4.1 World Challenge will organise the travel arrangements in-country in relation to the Expedition and will provide one or more experienced Expedition Leader (as appropriate) to assist.

5. PAYMENT AND PRICES

5.1 The first instalment amount for most of our Expeditions is £200, but this amount may vary according to the Expedition booked. Please see your booking form, or Expedition information, for details. (For special offers, which may include a delayed deposit payment, we will start processing your application from the time we confirm your booking despite the delay in deposit payment. Cancellation charges still apply during the period between the confirmation of your booking and deposit payment in such cases).

Prior to the confirmation of your booking you will be provided with details of the due dates for further payments.   Once a booking has been confirmed you must make payments by their due date. If we do not receive all payments due in full and on time we reserve the right to treat your booking as cancelled by you and will levy cancellation charges as set out in section 10.

Any discounts or account credits with World Challenge must be submitted before final payment and the amount will be deducted from your final balance.  This cannot be used as the deposit or initial payment and must be declared at point of application.

5.2 Dependent on which Expedition you have selected, you may be sent further forms to complete and return to us. World Challenge reserves the right to postpone your Expedition if you have not returned all the necessary completed forms to process your application within the required timeframes. World Challenge also retains the right to refuse any application deemed unacceptable for any reason.

5.3 World Challenge reserves the right to surcharge for changes in exchange rate. World Challenge may increase or decrease the Price at any time up to thirty (30) days before the Departure Date where there has been a change in transportation costs or where any government changes or introduces any tax, duty or levy which directly affects transport costs incurred by World Challenge on behalf of the Customer, including disembarkation and airport fees.  Exchange rates will be taken from www.xe.com.

5.4 We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that. However, if this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another Independent Expedition 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, except for any amendment charges.   We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.  Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice.   Should the price of your Independent Expedition go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

5.5 The Price quoted by World Challenge covers the cost of planning, organising and carrying out the Programme and Expedition.  The Price includes the cost of all specialist equipment, supplies, administration and travel (between the Agreed Point of Departure and the destination country, and  within and between countries when overseas if part of the Expedition) except the following, for which the Customer is responsible: inoculation fees, costs of travel to the Agreed Point of Departure cost of visas and related charges where applicable, rest and relaxation activities unless otherwise stated; and the Challenger’s own prescribed medical requirements and personal equipment, clothing, insurance for personal belongings and personal spending money.

5.6 Air Passenger Duty “APD” is included in the price of your Expedition

5.7 The prices, offers and information printed on our website and our terms and conditions are valid at the time of publication in November 2009, until publication of any revised edition.  We reserve the right to increase or reduce these prices or amend these offers or information at any time after publication and in future editions of the brochure. You will be advised of any change at the time of booking.

6. CONFIRMATION OF BOOKING

6.1 On receipt of your booking and all appropriate payments, we will, subject to availability, confirm your arrangements by issuing a booking confirmation and/or invoice. The contract between you and World Challenge shall be effective from the date we issue the booking confirmation and/or invoice.  Please check the details of your confirmed booking carefully. Please contact us immediately if any information, which appears on the confirmation or any other document appears to be incorrect, or incomplete, as it may not be possible to make changes later. Where we act only as an agent we will have no responsibility for any errors in any documentation except where those errors were made by ourselves.  When confirming this booking, both parties recognise that you are not an employee of World Challenge Independent Expeditions.

7. FINANCIAL PROTECTION

7.1 World Challenge is fully licensed and bonded as a tour operator. When you buy an ATOL protected air package or flight departing from a UK airport from us you will receive an invoice from us 90 days prior to travel confirming the arrangements and the protection under our Air Travel Organiser’s Licence number 2844. In the unlikely event of our insolvency, the Civil Aviation Authority (CAA) will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk. The price of your travel arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA.. When you book a Programme and/or Expedition in the Republic of Ireland we hold Tour Operator’s Licence Number 232 issued by the Commission for Aviation Regulation and as a requirement have arranged an approved secured bond. This means that you can be entirely confident that in the unlikely event of our insolvency before or during the Programme and/or Expedition, any money you have paid to us is fully secured, and if you are overseas, that full arrangements will be made to repatriate you at the end of the Expedition.

7.2 If you buy arrangements other than a package holiday, the financial protection noted above will not apply

8. WEBSITE AND BROCHURE ACCURACY

8.1 Every effort is made to provide as much pricing information as possible on our website and in our brochures and to ensure this information is accurate. Any Expedition information detailed in our brochure, website, information packs and any other marketing medium is deemed correct at the time it is written. Regrettably, however, changes and errors do occasionally occur. Prices and details of products and services and any offers posted online are subject to change without notice and all products, services and offers are subject to availability. We will do our utmost to ensure you are notified of any  Expedition changes that may affect you prior to your departure, if World Challenge is made aware of the changes in enough time to do so.

9. INSURANCE

9.1 World Challenge’s policy is to hold insurance cover in respect of, among other things, personal accident, and casualty evacuation and emergency medical requirements during the Expedition, legal cover, personal liability and cancellation and curtailment. A copy of the insurance policy can be provided upon request.

9.2 The Customer should ensure that satisfactory arrangements are in place for the insurance of other aspects that are not covered by the World Challenge insurance policy such as personal belongings and money.

9.3 It should be noted that a general principle of insurance is that pre-existing conditions are not covered. The Customer should assume that this is the case with all World Challenge policies unless specifically advised otherwise in writing by World Challenge.

9.4 Insurance supplied by World Challenge for your expedition will become invalid if you dismiss yourself from the expedition at any point.

10. CANCELLATIONS, ALTERATIONS AND REFUNDS

Alterations

10.1 Should you wish to make any changes to your confirmed arrangements, you must notify us as soon as possible. Any such request must be in writing from the person who made the booking. We will do our best to meet your request, but it may not always be possible. If you change from one Expedition to another, or change your departure date, there is an administration fee of £45, in addition to any change in Expedition cost and any charges incurred or imposed by any of our suppliers. For flight inclusive bookings, cancellation charges will apply in accordance with individual airline cancellation policies You should be aware that these costs could increase the closer to the departure date that changes are made.

10.2 If it is necessary for you to postpone your Expedition, you must reconfirm the new departure date within 12 months. Failure to do so will result in the booking being cancelled and any monies forfeited. Expedition prices may be subject to change in the event of a trip having been postponed.

10.3 Please note that changes less than 12 weeks before departure date will be treated as a cancellation.

10.4 Where you are unable to travel you can transfer your Expedition to another person, subject to the following:

i) you must notify us in writing at least 90 days before the Departure Date ; and
ii) your request is accompanied by all original travel documents which you have received and the full name and address of the transferee; and
iii) the transferee must fulfil any conditions that apply to the Expedition; and
iv) payment by you of an administrative charge of a minimum of £45 per person plus payment of all costs charged or levied by those supplying your Expedition.

Both the transferor and transferee will be jointly and severally liable for payment of the Expedition price and other associated expenses. Some airline carriers treat name changes as cancellations. Accordingly you may be required to pay for the cost of a new ticket.

Cancellations

10.5 You may cancel your arrangements at any time. Should you need to cancel your chosen arrangements the person who made the booking must immediately advise us in writing. Notice of cancellation will only be effective when it is received in writing by us.

10.6 If you cancel your booking within 14 days of us sending confirmation of your booking any funds paid will be refunded in full. As we start to incur costs from the time the booking is confirmed we will retain your deposit and in addition will apply other cancellation charges as shown below.  

i) If a Challenger withdraws from the Programme or Expedition as a direct result
of one of the following events:
ii) the Challenger’s accidental bodily injury, illness, compulsory quarantine, summoning to jury service or witness attendance in any court;
iii) the death or serious illness of a close relative (parent or sibling) of the Challenger which necessitates the presence of the Challenger in their country of residence; or
iv) the death of the Challenger then, provided the Customer provides clear written evidence of such event to World Challenge’s satisfaction, then World Challenge shall refund to the Customer any sums paid to World Challenge towards the Price of the Programme or Expedition less an administration charge as follows: Notification time Administration charge before departure payable by the Customer.

  Long haul Short haul
Within 3 months nil £300/€450
More than 3 months nil £100/€150
Within 6 months £300/€450 nil
6-12 months £200/€300 nil
More than 12 months £100/€150  nil


Time before departure date that written notice of withdrawal is received by World Challenge  Percentage of total Expedition price payable by Customer.
  Long haul Short haul
Less than 15 days  100% 100%
Less than 1 month  95% 95%
Less than 2 months  90% 80%
Less than 3 months 80% 70%
Less than 4 months  65% 60%
Less than 5 months 60% 50%
Less than 6 months 55% 45%
Less than 7 months  50% 40%

10.7 Once on the Expedition, in the event you decide to discontinue the Expedition before it is due to end, for any reason, there will be no refund and you will no longer be covered by the World Challenge insurance policy and duty of care.

If we change/cancel your trip

10.8 It is unlikely that we will have to make any changes to your Expedition, but we do plan the arrangements many months in advance. Occasionally we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest opportunity. A minor change is any change which, taking account of the information you have given us at the time of booking, or which we can reasonably be expected to know as a travel operator, we could not reasonably expect to have a significant effect on your confirmed Expedition.

i) The whole philosophy of this style of travel is one which allows some alternatives and a degree of flexibility. The outlined itineraries given for each Expedition must therefore be taken as an indication of what you should accomplish. When necessary, we reserve the right to make alterations to a trip without notice, including to the itinerary, excursions, activities, accommodation, and amenities. These alterations may be made if in our reasonable opinion it be regarded as essential to provide due care, or to ensure the satisfactory progress of the Expedition, but are not limited to these reasons. Changes in itinerary may be caused by local political conditions, flight cancellations, mechanical breakdown, road conditions, weather, border restrictions, sickness and other unforeseeable circumstances. It is a fundamental condition of joining any of the Expeditions described in the brochure, on our website, or any marketing material, that you accept this flexibility, and acknowledge that delays and alterations and their results, such as inconvenience, discomfort, or disappointment are possible. If you are unable though no fault of World Challenge, or do not choose, to complete an itinerary outlined for an Expedition, we are not liable to supply alternative itineraries, excursions, accommodations, services, or staff for the period when you are not present with the group.  No refunds will be given for services not utilised.

10.9 We will endeavour to let you know, as soon as we can if, through no fault of your own, we are forced to significantly alter your Expedition. If, for any reason the details of your travel arrangements have to be changed before departure and the change significantly affects your Expedition, you will be offered the choice of

i) accepting the change; or
ii) receiving another Expedition, of at least comparable standard if we are able to offer one (and receiving a refund in respect of any price difference); or
iii) a refund of the sums paid under the Contract which relate to those aspects of the Programme and/or Expedition not provided.  Except in the case of extraordinary circumstances beyond our control we will not cancel an Expedition less than 8 weeks prior to departure. [NOTE - may be challenged as is not a full refund as specified in the Package Travel Regulations]

In addition if we have to make a significant change, or cancel your booking, then subject to the exceptions below, we will pay you the following compensation:

Period before scheduled departure date within which a significant
change is made known to you
Compensation
More than 55 days Nil
43-55 days £10
28-42 days  £20
15-28 days £30
0-14 days £40

10.10 The compensation detailed above shall not be paid where the change is as a result of unusual or unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care, which include, but are not limited to, those amounting to “Force Majeure” as described in section 11 below or where the trip is cancelled due to insufficient numbers.  Should there be insufficient numbers to meet World Challenge’s minimum team size 30 days prior to departure we may take the decision to cancel the Expedition. You will be given the option of switching to another Expedition, postponing your trip, or a refund of the sums paid under the Contract which relate to those aspects of the Programme and/or Expedition not provided.

11. FORCE MAJEURE

11.1 We will not pay any compensation where the performance, or prompt performance of our contractual obligations is prevented, or affected, or you otherwise suffer any loss, or damage, due to circumstances that come under the definition of ’force majeure’. In these terms and conditions ’force majeure’ means any event that we, or the supplier of the services in question, could not foresee, or avoid, even with all due care. Such events include, but are not limited to war, the threat of war, insurrection, riots, strikes, civil action decisions by governments or governing authorities, natural disaster, bad weather, technical or maintenance problems with the transport, criminal and terrorist acts or similar circumstances beyond our control.

11.2 In February 2005 a new Europe-wide law relating to denied boarding, delays and cancellation of flights came into force.  This law granted rights to passengers including in certain circumstances the right to cancel their flight and receive reimbursement of the cost of the flight from their airline.  Full details of these rights are publicised at EU airports and are also available from affected airlines.  However, you should note that reimbursement of the cost of a flight that forms part of your holiday is the responsibility of your holiday airline and will not automatically entitle you to reimbursement of the cost of your Expedition from us.

12. IF YOU HAVE A PROBLEM OR COMPLAINT

12.1 If you feel that you have reason for complaint during your Expedition it is your responsibility to ensure, at the earliest possible opportunity, that any perceived failure in the performance, or improper performance, of the contract, whether by the company, or its suppliers, is communicated to the Expedition Leader, and simultaneously inform World Challenge by letter (World Challenge, 17-21 Queens Road, High Wycombe, Buckinghamshire, HP13 6AQ), T: 01494 427590, E: tellmemore@world-challenge.co.uk, F: 01494 427444 996, so that the concerns can be addressed. You must communicate any complaint to World Challenge at the earliest possible opportunity and whilst you are still on the Expedition. Failure to do so will affect our ability to investigate the complaint and your rights under the contract. Until we know about a problem or complaint, we, or the supplier, cannot begin to resolve it. If your complaint or problem is not resolved to your satisfaction you must write to us within 35 days of the Expedition completion date.

13. LIABILITY

13.1 The Customer’s booking is accepted by World Challenge on the understanding that the Customer and Group appreciate the possible risk inherent in adventure travel.

13.2 Subject always to paragraph 13 e) below, World Challenge accepts responsibility for any injury, loss or illness caused to a Customer as a result of the negligent acts  and/or omissions of its employees, agents, suppliers and subcontractors and their servants and/or agents while acting within the scope of, or in the course of their employment. World Challenge also accepts responsibility for any damage caused to a Challenger, as a result of any failure to perform, or improper or negligent performance of the services World Challenge have agreed to provide under this Contract, except and to the extent (if any) the act or omission causing the damage is:

i) attributable to the negligent act or omission of the Challenger, or another member of the Group;
ii) such failure is attributable to an act or omission of a third party unconnected with the provision of the services to be provided to the Challenger and is unforeseeable or unavoidable; or
iii) such failure is due to Force Majeure.  It is a condition of this acceptance of liability that you notify us of any claim strictly in accordance with section 12 a) "If you have a problem or complaint".

13.3 Nothing in this clause 13 shall exclude or limit World Challenge’s liability for death or personal injury caused by World Challenge’s negligence.

13.4 Subject to clauses 13 a) to c) above, World Challenge’s total liability (which includes the liability of its employees and agents) to the Customer arising out of or in connection with the Expedition or this Contract shall be limited to a reasonable  amount having regard to the Price paid for the Expedition and will in no event exceed three times the total Price paid. World Challenge’s assessment of the reasonable compensation to which the Customer is entitled will depend upon the circumstances of the Customer’s particular case.

13.5 When you travel by air or by sea, your journey may be subject to certain international conventions such as the Warsaw Convention, Montreal Convention or Athens Convention.  You agree that the transport company’s own ‘Conditions of Carriage’ will apply to you on that journey.  When arranging this 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 these terms and conditions form part of your contract with us as well as with the transport company.  The provisions of the Warsaw Convention1929 (as amended) concerning the carriage of passengers and their luggage by air, and the airlines’ conditions of carriage, may apply to you and your party during your flight, and during boarding and disembarkation. These provisions and conditions may limit or exclude liability for death or personal injury, or loss of or damage to luggage, and may make special provisions for valuables. Sea Travel Conditions of Carriage & International Conventions: In the case of sea travel the provisions of the Athens Convention 1974 relating to the carriage of passengers and their luggage by sea may apply. This Convention and the sea carriers’ conditions of carriage may continue to apply to you and your party throughout your stay on board the ship, and during boarding and disembarkation. The Athens Convention, and the carriers’ conditions of carriage, may limit or exclude liability for death or personal injury, or loss of or damage to luggage, and make special provisions for valuables. A copy of the conditions of carriage applicable to your holiday can be supplied on request

13.6 In respect of claims for death and personal injury we will not be liable for any loss of profit, or loss of business, or any form of consequential loss or damage, whether or not arising as a result of physical damage to property and regardless of the actual cause of such loss or damage. The services and facilities included in your Expedition will be deemed to be provided with reasonable skill and care and have been properly performed if they comply with any local regulations which apply, or, if there are no applicable local regulations, if they are reasonable when compared to the local standards and customs.

13.7 Whilst World Challenge makes every effort to ensure that the Expedition is safeguarded from terrorism by relying upon the best available advice at that time, due to the unpredictable nature of global terrorism, World Challenge can make no guarantees. By signing up to the Conditions, the Customer acknowledges that the Group will travel at their own risk and confirms that the Customer has made its own enquiries as it deems necessary.

14. SUPPLIER CONDITIONS OF CARRIAGE

14.1 Locally arranged transport is used at times during the Independent Expedition. You agree to also abide by the terms and conditions of all such carriers related to the trip.

14.2 Where public transport is used we vouch for the standard of such transport which may be significantly below the standard of public transport found in the UK. 

15. BEHAVIOUR

15.1 Whilst an Expedition is in progress, all decisions shall be made by World Challenge (or the  Expedition Leader on World Challenge’s behalf). You shall act in accordance with all reasonable instructions from World Challenge and/or the Expedition Leader.

15.2 World Challenge or the Expedition Leader may withdraw you from the Expedition at any time (including during the Expedition itself) if World Challenge or the Expedition Leader is of the opinion that your presence is likely to prejudice the good order, discipline or safety of the expedition, including, but not limited to, as a result of you breaking any law or regulation of any country or establishment where the Expedition takes place, provided that World Challenge exercises its discretion reasonably in this regard. In such event, you shall not be entitled to any refund and shall pay to World Challenge the costs, losses or expenses which World Challenge incurs or suffers as a result of your behaviour described in this clause

15.3 If, after the departure date, World Challenge is unable to provide a significant proportion of the services agreed to be provided under the contract, World Challenge will do its best to make suitable alternative arrangements. If World Challenge cannot do so or you refuse to accept such arrangements for good reason, World Challenge will transport you to your place of departure as soon as it reasonably can.

16. MARKETING MATERIALS

16.1 Any likeness, or image of you, secured, or taken, on any of our Expeditions may be used by the Company without charge in all media for bona fide promotional, or marketing purposes, such as in brochures, slides, video shows and the internet. By participating in an Expedition you are agreeing to waive any rights to these images, or comments made and agree that they may be used by World Challenge in future promotions.

16.2 Photographs

i)
If the Customer chooses to supply World Challenge with any photographs, the Customer hereby confirms that:
ii) it irrevocably grants permission to World Challenge, its Group Companies and licensees and assigns, to use such photographs throughout the world for any of their commercial or noncommercial purposes in any and all media, including, without limitation, in
World Challenge’s printed publications, presentations, promotional materials, in the advertising of World Challenge’s goods or services or on World Challenge’s website;
iii) it waives all moral rights in such photographs to which it may now or at any future time be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.
v) it shall procure any necessary third party consents and/or waivers to give effect to this clause 16 b) and shall indemnify World Challenge and its Group Companies against any claims, losses, damages or costs arising from its failure to do so.

17. CRIMINAL RECORD CHECK

17.1
When signing up to any project involving work with children, or vulnerable adults, you are agreeing to undergo an enhanced Criminal Record Check to ensure your suitability for the placement. We reserve the right to delay, or postpone, your Expedition until the Criminal Records check has been completed and are not responsible for any delays in this process or costs incurred. Should you fail the Criminal Records check for any reason, World Challenge reserve the right to cancel your placement the cancellation terms and conditions in Clause 10 will apply.

18. BUDDY LISTS

18.1 By agreeing to our terms and conditions you consent that we may provide the email address that you have supplied to us to other participants travelling on the same Expedition as you on the same dates. Providing you with a buddy list enables you to communicate with other members of your group before departure should you wish to. We will remove your email address from the list only if we receive written instruction (mail or email) from you to do so. Please note, you will only be sent a Buddy List for your specific group Expedition.

19. PASSPORTS AND VISAS

19.1 The Customer is responsible for obtaining and making available the necessary documents (including but limited to full, current and valid passport and visas for all periods, countries and territories within the Expeditions) to enable the Challenger to participate in the Expedition, and the Challenger shall comply with all local legislation and regulations of the country or place in which the Expedition takes place.  If you fail to do so, we have no liability to you for any cost, loss or damage which you suffer, nor will we refund you the cost of any unused portion of your travel arrangements. In some cases, countries will refuse entry to clients who have criminal records. Should you be concerned about this, please check with the embassy or consulate of the countries to which you are travelling.  We cannot accept responsibility for any failure to comply resulting in any costs or fines being incurred and we advise you to check with your passport office or the consulate in question if you have any queries. Clients travelling overland to certain destinations may need to also pass through controls of other countries en-route so this should be allowed for with any passport/visa applications. When travelling to the US you must have the correct passport to travel on the Visa Waiver Programme or have obtained the correct visa, valid for your stay. Each person wishing to visit the US must have either; i) an e-passport (if your passport is issued after 26 October 2006), or a machine readable passport (containing a digital photograph) if your passport is issued after the 26 October 2005 and a Visa Waiver Form or ii) a valid passport and a valid visa which must be obtained before travel from the US authorities.  If you are travelling to the USA after 1st September 2008, the US authorities have introduced a requirement for passengers travelling under the Visa Waiver Programme to register for Electronic Travel Authority. For additional specifics about the VWP please consult the VWP information on the U.S. Embassy London website www.usembassy.org.uk. We recommend that you carry your ESTA approval with you when you travel and recommend you register at least 72 hours before departure.  Please Note: when you register for ESTA you must have a valid passport at the time of registration. If you have applied for a post dated passport (for example to reflect a change in name) this passport will not be valid until the effective date noted in the passport. Children and minors wanting to travel with a Visa Waiver form must hold their own Machine Readable Passport or e-passport.

Please note that the nationals of some countries can only travel to the US if they have a valid visa as they are not eligible for the Visa Waiver Programme.

19.2 For some placements you will need a visa to enter the country. It is your responsibility to organise any visas necessary for the trip. Many countries do not issue visas tailored to volunteering. As the activities you are involved in do not constitute work in most countries, and you are not in paid employment, but are a paying visitor, World Challenge recommends that you apply for a tourist visa where necessary. If you break the conditions of your visa whilst you are on your Expedition, for example undertaking any work for which you are paid without an appropriate Visa, and as a result you are asked to leave the country, you will not be entitled to any refund, or alternative placement.

20. HEALTH & TRAVEL ADVICE

20.1 Unless informed otherwise in writing World Challenge will assume that the Customer is in good health and that the Customer is not aware of any reason why the Customer may be particularly unsuited to taking part in the Expedition or may be likely to suffer illness or injury during the Expedition, taking into account the Customer and purposes of the Expedition.

20.2 The Customer confirms that he or she completed the application form fully and accurately and will inform World Challenge in writing  at least sixty (60) days before the Departure Date or immediately if any relevant circumstances (which shall include without limitation medical conditions and illness) change within sixty (60) daysof the Departure Date. In particular if the Challenger has any pre-existing or existing medical condition, illness or disability or is undergoing any medical treatment, which is known about at the time of booking World Challenge must be given full particulars prior to confirmation of the booking. If it is later discovered that a pre-existing condition was not declared within the specified time, World Challenge reserves the right on grounds of the Customer’s safety, to withdraw the Customer from the Expedition. In such circumstances the Price payable by the Customer shall be calculated in accordance with the payment plan by reference to the date on which the Customer is withdrawn by World Challenge.

20.3 If the information given by the Customer on the application form or under this clause 9 is incorrect and World Challenge discovers that the correct information affects the Customer’s suitability to take part in the Expedition, World Challenge may terminate the Contract and withdraw the Customer from the Expedition and shall levy the cancellation charges as set out in Clause 10. 

20.4 In the interests of health and safety, you must comply with the following requirements. If you fail to comply with any of the following, World Challenge cannot be held liable:

i) You must visit your GP, or reputable travel clinic, several months prior to departure in order to find out what vaccinations you may require and to ensure these are administered within plenty of time.
ii) You must ensure you have all necessary medication/prescriptions.
iii) It is your responsibility to obtain any advice on necessary equipment, which could include such items as: first aid kits, mosquito nets, or anything else advised by World Challenge.
iv) It is your responsibility to check any country related travel advice before embarking on your trip. Specifically any advice issued by the British Foreign and Commonwealth Office: www.fco.gov.uk. Should a relevant security issue arise whilst you are away, World Challenge  may contact you advising of any potential hazards. All advice will be based on the BFCO and other industry sources, no matter what your nationality.

20.5 Any information, or advice provided by World Challenge on matters such as visas, medications, vaccinations, climate, clothing, baggage, special equipment, permits, specific itinerary details etc, is given in good faith to the best of our knowledge at the time, but without responsibility on the part of World Challenge as to individual requirements for specific trips.

21. EXPEDITION SPECIFICS

21.1 Accommodation and meals will be arranged for Expeditions where specified within individual Expedition details. It is your responsibility to confirm with World Challenge whether or not they are included in your booking fee and to advise us of any special dietary requirements. Please be aware that accommodation, food and facilities that you will be provided with will be of a local standard and therefore you may be required to share a bathroom and/or bedroom..

22. DATA PROTECTION

World Challenge Expeditions Limited’s Privacy Policy sets out what information we collect, how we collect it, and what we do with it.

Your information refers to information such as your name, contact details, travel preferences and special needs/disabilities/dietary requirements that you supply us or is supplied to us, including any information about other persons on your booking relating to the same (“your information”). Your information is collected when you request information from us, contact us (and vice versa) or make a booking with us. You are responsible for ensuring that other members of your party are aware of the content of our Privacy Policy and consent to your acting on their behalf in all your dealings with us.  We will update your information whenever we get the opportunity to keep it current, accurate and complete.  For the purpose of providing you with our services, including your flight, holiday or insurance, etc., we may disclose your information to our service providers (who could be located outside the UK/EEA). In order for you to travel overseas, it may be mandatory (as requested government authorities at the point(s) of departure and/or destination) to disclose your information for immigration, security and anti-terrorism purposes, or any other purposes which they determine appropriate. Even if not mandatory, we may exercise our discretion to assist where appropriate.  We may collect and use your information for the purposes set out in our registration with the Office of the Information Commissioner, and disclose the same to our “group companies” (some of whom are outside the UK/EEA) for business purposes. We may also disclose your information to companies who act as “data processors” on our behalf, or to our service providers operating systems or business functions on our behalf, some of whom are outside the UK/EEA. These purposes include administration, providing services (and contacting you where necessary), customer care, improving our service, business management and operation, re-organisation/structuring/sale of our business (or our group companies), risk assessment, security and crime prevention/detection, research and analysis, marketing, monitoring, measuring and assessing customer purchasing preferences and trends, dispute resolution, credit checking and debt collection.  Some of your information (such as health or religion) may be considered “sensitive personal data” under the Data Protection Act 1998. We collect it to cater to your needs or act in your interest, and we are only prepared to accept sensitive personal data from you on the condition that we have your positive consent. By booking with us you also agree for your insurers, their agents and medical staff to disclose relevant information (which may contain sensitive personal data) to us in circumstances where we need to act in the interest of everyone in the group you are travelling with. For example, if your illness at resort is infectious we may need to make special arrangements for you and also ensure that you do not return with the group immediately.

If you do not agree to our use of your information as above, we cannot do business with you or accept your booking.
We may from time to time contact you with information on offers of goods and services, brochures, new products, forthcoming events or competitions from our holiday divisions and our holiday group companies. Please note that our websites will assume you to agree to e-communications when you make a booking. You will be given the opportunity on every e-communication we send you to indicate that you no longer wish to receive our direct marketing material.  You may indicate your preference regarding receiving third party direct marketing material.  If do not wish to receive such information or would like to change your preference, please see below.

You have the right to ask in writing by completing our Data Subject Access Request form for a copy of the information we hold about you (for which we may charge a fee) and to correct any inaccuracies in your information. You have the right to ask in writing not to receive direct marketing material about our products and services. If the following facilities are available, you can amend your previous preference on our website(s), using our “unsubscribe e-mail” or in literature which you subsequently return to us. Once properly notified by you, we will take steps to stop using your information in this way.  If you would like a list of our group companies or brands, please send us your request.

Our address is at World Challenge Expeditions Limited, Maple Court, 17-21 Queens Road, High Wycombe, Buckinghamshire, HP13 6AQ.  Please address your correspondence to Jane Turner, PA.

Outside the European Economic Area (EEA), note that controls on data protection in such countries may not be as strong as the legal requirements in this country.

We have taken all reasonable steps to have in place appropriate security measures to protect your information. Any changes to this Policy will be either posted on our website, brochure and/or made available on request.

Any likeness or image of you secured or taken on any of our holidays may be used by the company without charge in all media (whether now existing or in the future invented) for bona fide promotional or marketing purposes, including without limitation promotional materials of any kind, such as brochures, slides, video shows and the internet.

23. GOVERNING LAW

23.1 If you booked your holiday in any jurisdiction other than in Scotland, the Republic of Ireland or Northern Ireland (including any booking via the Internet), this contract, and any other claim or dispute arising from or related to this contract, will be governed by English law and the courts of England and Wales shall have exclusive jurisdiction over any claim arising out of it.  If you booked your holiday in Scotland, this contract, and any claim or dispute arising from or related to this contract, will be governed by Scottish law and the courts of Scotland shall have exclusive jurisdiction over any claim arising out of it.  If you booked your holiday in the Republic of Ireland, this contract, and any claim or dispute arising from or related to this contract, will be governed by Irish law and the courts of the Republic of Ireland shall have exclusive jurisdiction over any claim arising out of it. If you booked your holiday in Northern Ireland, this Agreement, and any claim or dispute arising from or related to this contract, will be governed by Northern Irish law and the courts of Northern Ireland shall have exclusive jurisdiction over any claim arising out of it.

23. FLIGHT BOOKINGS

23.1 If the Challenger books an  Expedition through World Challenge and where the Expedition includes flights in the Expedition price the  following conditions apply to the provision of the flight(s):
 

  • The cost of the flight is non-refundable and non-transferable should you decide to withdraw between now and the expedition start date.
  • This booking is non-changeable and can not be amended to include alternative routings, internal flights or upgrades.
  • All transport and travel arrangements to the airport and associated costs are the responsibility of the Challenger
  • In the event that the flight is missed, it is the Challengers responsibility to source and pay for any alternative travel arrangements. Should World Challenge suggest alternative flight arrangements these will be invoiced to the challengers on a non-refundable basis.
    In the event of flight re-scheduling or delays alternative travel arrangements will be covered by World Challenge insurance policy. Any alternative arrangements including, but not limited to, transport and accommodation will be made on your behalf.
  • World Challenge will not cover any visa costs incurred as a result of flight re-routing.
  • Your expedition will start, and the World Challenge insurance policy and duty of care will become valid, once you have met your Expedition Leader. This may be at the UK airport or a pre-designated place in-country. It is your responsibility to make contact with your expedition leader and make any necessary travel arrangements to meet your leader and team either in the UK or in-country. Costs of this will be the Challenger’s responsibility.
  • It is not the Expedition Leader’s responsibility to help challengers make arrangements to meet the team at the pre-designated time and place.
  • World Challenge will not be responsible for any costs incurred as a result of airline stipulations regarding baggage, behavior or check-in times.
  • Should any personal details change (including, but not limited to, passport number and name etc) World Challenge reserves the right to charge the Challenger for any costs incurred in amending the booking. It is the Challenger’s responsibility to inform World Challenge of any such changes at the earliest opportunity. Individual airline policies will apply when changing bookings.
  • It is not World Challenge’s responsibility to inform next of kin, friends or family of the Challenger’s travel arrangements. Please make sure your travel details have been passed on.
  • If you willfully dismiss yourself from the expedition there will be no refund and you will no longer be covered by World Challenge’s insurance policy and duty of care.
  • It is the Challenger’s responsibility to arrange transport after the end of the expedition and from the arrival airport in the UK.
  • You will need to arrive for your flight as per the airline’s policy, As a guideline this is normally 3 hours prior to the flights departure. Exact meeting points and times will be given 1 week before departure and please note that these may be earlier than the airline’s suggested time.

23.2 If the Challenger does not book a flight through World Challenge and organizes their own travel to the expedition destination and agreed meeting point they are subject to the following conditions:

  • If you do not have a World Challenge flight booking all costs and travel arrangements to the designated meeting point is your responsibility.
  • In the event that the Challenger misses their flight, World Challenge will not be responsible for sourcing alternative flights. Any additional costs and travel arrangements to be covered by the challenger.
  • Transport costs to be covered by challengers includes
    • Transport to your departure airport
    • Onward travel to the designated meeting point
    • Any internal or alternative flights due to rescheduling or delays to the flights you have booked and any in-country transport and accommodation as a result of this.
    • World Challenge may be able to assist in these arrangements where necessary and will invoice challengers for any assistance given on a non-refundable basis.
  • Please note that it is not the Expedition Leader’s responsibility to help Challengers make arrangements to meet the team at the pre-designated time and place.


24. FLIGHT INFORMATION

NOTICE
This is a notice required by European Community Regulation (EC) No.889/2002.This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Montréal Convention, and it does not form part of the contract between the carrier(s) and you, nor part of a claim. No representation is made by the carrier(s) as to the accuracy of the contents of this notice.

AIR TRAVEL CONDITIONS OF CARRIAGE
You must comply with the conditions of carriage applied by land, sea and air carriers. The provisions of the Montréal Convention concerning the carriage of passengers and their luggage by air, and the airlines’ conditions of carriage, may apply to you and your party during your flight, and during boarding and disembarkation. These provisions and conditions may limit or exclude liability for death or personal injury, or the loss of or damage to luggage, and may make special provisions for valuables. We will supply a copy of the conditions of carriage applicable to your holiday, and the Montreal Convention, if you request them.

MONTREAL CONVENTION
Air carrier liability for passengers and their baggage. This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.  Compensation in the case of death or injury. There are no financial limits to the liability for passenger injury or death. For damages up to 100,000 SDRs (approximately £80,000 / €120,000) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault. Advance payments. If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than16000 SDRs (approximately £13,000 /€19,300). Passenger delays. In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4150 SDRs (approximately £3,300 / €5,000). Baggage delays. In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1000 SDRs (approximately £800/ €1,200). Destruction, loss or damage to baggage. The air carrier is liable for destruction, loss or damage to baggage up to 1000 SDRs (approximately £800) In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault. Higher limits for baggage. A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee. Complaints on baggage. If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger’s disposal.  Liability of contracting and actual carriers. If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier. Time limit for action. Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived. Basis for the information. The basis for the rules described above is the Montréal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of the Member States.” Part of TUI Travel PLC.

EU Airline Blacklist: In accordance with EU directive (EC) no. 2111/2005, Article 9, we are required to bring to your attention the existence of a ’Community list’ which contains details of air carriers that are subject to an operating ban within the EU Community. The Community list is available at http://air-ban.europa.eu/

Flights and Flight Times: The flights shown are operated by UK, European and international scheduled and charter airlines, including a but not exhaustive: Air France, Air Canada, BMI, Cathay Pacific, Emirates, Lufthansa, Qatar, Thomson Airways, Virgin Atlantic. They use wide and narrow-body jets. We may change airlines or aircraft types at any time; this does not count as a Major Change. Some flights may need to stop en route. If we know about this in advance we will tell you. Flight times shown in the brochure, on the website and on your booking confirmation are not guaranteed. Actual flight times are shown on your tickets. Flight times are local times based on the 24-hr system.
 
IN ACCEPTING THESE GENERAL TERMS AND CONDITIONS YOU CONFIRM THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THEM.
 


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