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Terms & Conditions
This document lays out, for our mutual interest, the foundations determining the contractual relationship, which results from your registration for an Active Earth programme:
1. Contract
Your contract for the programme is with ActiveEarth / Korbinian Hort (hereinafter referred to as “AE” or “we” or “us”), registered in Spain, company No. x4518878E.
2. Confirmation
Your place and participation with AE is confirmed once payment and programme registration have been received. You will receive a confirmation email in return and any further details to help you prepare for your visit.
3. Participant Information and Criteria
For each and every individual participant covered by this contract, you must notify AE by providing the following information before the services are provided:
a. the participant’s name;
c. the participant’s email address;
b. the participant’s date of birth;
c. details of any health conditions, medications or allergies;
d. the name and contact details of next of kin;
e. details of any special dietary needs.
This information must be supplied using our online AE ”Programme Registration & Medical Declaration Form” which is available in the Registration section on our website. Participants must be eighteen (18) years of age or over to participate in services provided by this contract or provide the signatures by their parents.
4. Payment
Prices depend on the respective program and are stated in the programme description. Agreements on prices other than these are only valid when laid down in writing. The total amount is to be paid in advance of program commencement when registering. Only those having paid the full price are entitled to participation.
5. Changes by You
We will endeavour to meet any alterations to your booking that you request, however these are subject to availability and cannot be guaranteed. Any requests must be made in writing. If changes you request result in additional charges, including administration charges, you will be responsible for this extra cost.
6. Cancellation by You
Should you unfortunately need to cancel you must notify us in writing. Cancellation until 90 days prior to programme commencement = 100% refund. Cancellation until 89-30 days prior to the date of programme = 50% refund and from 29-3 days prior programme commencement 25% refund are given. If you cancel within 2 days of the start date, or during the programme, you will be liable to pay 100% of the total booking cost. In all cancellations, an administration fee of 25,- € per person applies.
These terms of cancellation apply unless agreed in writing otherwise.
7. Changes by Us
We will do our utmost to deliver our services in accordance with what we have confirmed to you, but reserve the right to make unavoidable alternations or cancellation to facilities, services or prices after confirmation if necessary. We will advise you of any alterations as soon as possible. If it is a major change, which significantly alters the nature of your experience you will have the choice of accept- ing the change, accepting an alternative experience (if the price is lower, we will refund the difference) or accepting a 50% refund of monies paid. AE will not cancel any experience for reason of political tension or natural disaster unless specifically recommended to do so by the Foreign Office or unless the circumstances fall within the scope of Force Majeure – see below. We will not refund any incidental expenses you may have incurred as a result of cancellation.
Where a major change arises from circumstances amounting to a Force Majeure (please see below), we will endeavour to refund all sums as yet unpaid by us to our suppliers. Your insurance policy, however, must cover the remainder.
8. Risk
Any information provided by AE on such matters as climate, weather, environmental conditions, clothing, baggage, accommodation, food, transport and special equipment is given in good faith, but without responsibility on the part of AE.
It is a fundamental condition of this contract that you accept the hazards and risks involved when undertaking outdoor activities and you accept that in visiting remote and mountainous regions and areas whose access is subject to weather, tides, and sea or terrain conditions. You must be fully aware of the inherent risks of outdoor adventurous activities and agree to act self-responsible and participate at your own risk. Besides a great experience, you must be aware and accept that physical and emotional risks may be involved, such as transportation, rock fall, unpredictable weather conditions, uneven and slippery ground, hydrological features and other events out of the organisers direct control.
You must acknowledge that delays and alterations and their results, such as inconvenience and discomfort, are possible where unforeseen circumstances arise. You acknowledge that changes to plans regularly occur before and during adventure activities in oder to ensure participants safety, which may require a considerable element of flexibility on both your and your guides part.
Participants undertaking outdoor activities as part of this agreement must have a level of fitness commensurate with the services specified, and you are responsible for bringing the appropriate equipment, details of which will be sent to you in advance. It is your responsibility to read important information including our Safety and Risk Management Policies ‘information for participants’ and the description of the activity, that are necessary to help prepare you for the outdoor experience. These are provided by us in the Welcome Pack and programme description.
If, in the opinion of AE guide or staff member, the health, fitness, psychological condition, behaviour or equipment of a participant may compromise the safe provision of the outdoor activities specified as part of this contract, or in the event that that participant’s behaviour is considered unacceptably disruptive to the prejudice of other members of the group, we reserve the right to cancel or terminate your contract. In these circumstances you will not be entitled neither to a refund nor compensation.
9. Insurance
To undertake outdoor activities as part of this agreement it is the responsibility of each participant to be covered by adequate insurance for the duration and type of activity undertaken. The insurance must include cover for cancellation and cur- tailment, medical and emergency expenses (including evacuation by helicopter), personal accident, injury and death. In the event of emergency medical rescue and/or evacuation during a programme, by whatever means, the responsibility of such costs will be borne by the client. It is therefore essential that adequate cover is in place. Failure to disclose pre-existing medical conditions may render policies invalid.
10. Medical Conditions
If a participant suffers from a medical condition that may affect their own, or other people’s safety or enjoyment of an outdoor activity, you must advise AE at the time of booking. If a participant leaves any part of a programme, undertakes independent activities during the programme, or acts contrary to the safety advice and instruction given by the programme leader, we are not responsible or liable for their actions or their safety. Participants may also be asked to leave the activity if their actions compromise their own safety, or that of other members of the group or the programme leader.
Any participant under the influence or recent influence of alcohol or any form of narcotic substance, legal or otherwise, may be dismissed from the group at the discretion of the programme leader. AE take no responsibility for the safety of a person dismissed from the programme for this reason, or for relocating them back at the designated ‘Meeting Point’.
11. Complaints
If you have a complaint about the provision of the services provided by AE, you should make it known to the Project Manager or a staff member at the earliest opportunity, thereby giving us the opportunity to put things right for you immediately. If the matter cannot be resolved to your satisfaction, please contact AE within 28 days of the end date of your contract and we shall endeavour to provide a prompt resolution.
12. Force Majeure
AE will accept liability for the negligence of its employees causing direct physical injury to participants only to the extent that it is obliged under Spanish law. We cannot be held responsible for any mishap to participants or a participant’s proper- ty, and in particular for the consequences of flight cancellations, vehicle accidents, strikes, natural disasters, sickness, Government, local authority or customs or police intervention or other such happenings amounting to force majeure.
13. Liability
AE and its employees are covered by a Spanish public liability insurance for Outdoor Education Services up to a maximum of 300,000 Euro in any one claim. By signing this agreement you acknowledge that AE has taken all reasonable steps to safeguard its liability in this respect. AE shall not be liable for any damages caused by the total or partial failure to supply these services if such failure is:
a. attributable to anyone other than the AE leader(s);
b. unforeseeable or unavoidable and attributed to a third party unconnected to AE;
c. result of unusual or unforeseeable circumstances, reasonably beyond the control of AE;
d. a result of an event which AEL or any of its agents, even with all due care, could not foresee. Where AE are found to be liable for damages in respect of its failure to supply the contract, the maximum amount of such damages, compensation and loss of enjoyment will normally be limited to the contract fee. Where the damage relates to damage caused by the provision of road, rail, river or sea transport, or hotel accommodation, any compensation payable will be limited by the Athens Convention 1974 (sea), the Berne Convention 1961 (rail), and the Paris Convention 1962 (hotel accommodation). All air transport is undertaken entirely at your own risk. Any independent arrangements that you make which is not part of the specified services are entirely at your own risk.
14. Data Protection
We will provide your personal information, as well as personal information you provide in relation to others in your party to our staff and service providers, who might be located outside the Spain and/or EU, to enable the operation of the services required by you. If you make special requests, which include, but are not limited to, special dietary, religious, or disability related requirements which constitute sensitive information, the relevant data will also be passed to the relevant staff or service provider to enable provision of the services requested by you. We will apply appropriate security measures to protect this data.
15. Website Accuracy
All information given in our promotional materials are, to AE’s knowledge, correct at the time of publication. Before you enter into a contract with us, we reserve the right to make changes to the information provided.
16. Governing Law
This contract shall be governed by Spanish law and shall be subject to the non-exclusive jurisdiction of the Spanish courts.
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