Terms and conditions

introduction

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  1. Your contract is with Ziba Adventures whose registered office is at 1 Larden Road, London. W3 7ST. 
  2. For these Terms & Conditions, The client is, or any individual is joining an adventure, including a paying customer. Whether that be the head of a tailored adventure or an individual joining a retreat, as a paying customer in a private group, you confirm that you have authority to book on behalf of all other people within your group, for whom you will be responsible under these Terms and Conditions.
 

The Booking Form And Payment

 

  1. All bookings are made and accepted under ‘The Contract.’ The contract comprises: a) These Terms and Conditions, b) If relevant, the itinerary for the adventure on which you have booked c) the booking form and d) any correspondence between us relating to the adventure, all of which are now incorporated into and shall constitute the entire contract made between Ziba Adventures and the client. Where there is a discrepancy, these Terms and Conditions will prevail.
  2. To make a booking for a retreat or tailor-made adventure with us, you must be 18 years old.
  3. The price for the retreat is as stated on our website.
  4. The price for tailor-made adventure will be as quoted to you. The price per person depends on the numbers of guests, and typically we will quote a price per person based on different guest numbers, on a sliding scale, although we don’t provide prices for all permutations of guest numbers. Generally speaking, the higher the number of guests, the lower the price per person. If you have committed to a specific group headcount and we have priced on that basis, but some of the guests subsequently drop out then the price per person for remaining guests will change to such higher amount as stated by us in our quote or brochure.
  5. The contract is held between the leader of the group paying for the adventure and Ziba Adventures. By paying a deposit, you are creating a contract between you – and your travelling companions – and the Company. Failure to pay (or at least provide proof of payment) within 24 hours of submitting the booking form could result in the cancellation of the client’s booking. This decision is at the Company’s discretion. The balance payment is due no less than 8 weeks before the Departure Date. If the booking is made less than 8 weeks before the Departure Date, the client must pay the adventure price in full when booking.
  6. For private and tailor-made itineraries, we require a non-refundable Holding Deposit equal to 30% of one person to hold dates and begin designing your journey. Once all elements of the itinerary are agreed a non-refundable 30% Confirmation Deposit shall be due from all parties on the trip. When payment is received, and confirmation is given to the client, the contract is in place.
  7. In the case of international payments, the client will ensure that the Company receives the full GBP Sterling amount after all bank charges and any interest rate fluctuations have been levied.
  8. Payment is required via direct bank transfer. 
  9. Please make sure you have the permission of your travelling companions before inputting their details. Likewise, by providing us with their contact and other personal details, you agree that we may contact them concerning their adventure with Ziba Adventures.
  10. We reserve the right for whatsoever reason to return the payment to you and refuse acceptance of your booking at any time.

 

 

Failure to Pay the Balance of Payment when Due

 

  1. If the balance of the monies due from the client to Ziba Adventures is not paid 8 weeks before departure, we retain the right to treat the contract as cancelled by the client and retain all deposits.

 

 

Date of Departure

 

  1. The Date of Departure is the date of commencement of the adventure.

 

 

Passports, Visas and Health Matters

 

  1. Medical vaccinations, passports, visas etc. are not the responsibility of Ziba Adventures, but you, the client. Where required, you must arrange them yourselves before departure. We take no responsibility for cancellation of your trip if you are not allowed to fly or continue your adventure. If you are unable to travel due to not being able to obtain the appropriate visa, we reserve the right to retain the cost of the trip.
  2. You must ensure you are medically and physically fit to travel and participate in the adventure. We accept no responsibility for any losses you incur or any element of the adventure that you are unable to participate in, on account of your health or fitness. It is your responsibility to ensure that you research your intended destination(s) and activities to determine whether you can participate and that you are at the required fitness level to undertake the adventure.

 

 

Amendments & Cancellations by The Client

 

  1. If after you have paid your Confirmation Deposit, you wish to change your itinerary, we will always attempt to make these changes, but it may not always be possible. Any request for changes to be made must be from the person who made the booking. We may change the price depending on the changes. Confirmation of any changes is subject to payment of any additional price. 
  2. Your retreat is subject to cancellation penalties depending on how late you cancel in writing to us. If you cancel your tour, the following fees may apply 60 days or more before departure – loss of all deposits; 60 days or less – loss of 100% of tour price.

 

 

Amendments & Cancellations by Ziba Adventures

 

  1. All our trips are personally researched by us and carefully planned as conditions change though we may find improvements to our itineraries that will benefit everyone. We may also have to alter an itinerary due to unforeseen circumstances such as weather. We will always seek to maintain our high standards.
  2. Occasionally changes may occur without prior notice for reasons over which we have no control. The Company reserves the right to make changes without prior notice at any time. Both before and during the adventure. It is agreed that a published itinerary constitutes only an indication of what the adventure plans to accomplish and is not to constitute a contractual obligation on the part of Ziba Adventures.
  3. The client agrees that the nature of the adventures offered by the Ziba Adventures requires a degree of flexibility and that the contents and timings of the adventure may be materially and consequentially affected. This could be as a result of weather, local political conditions, human-made or natural disasters (including landslides, earthquakes and severe flooding), entry or border difficulties, mechanical breakdowns, flight cancellations, sickness or other unforeseen circumstances. You agree to accept this flexibility and to accept that we cannot be held responsible for delays, alterations or cancellations in the schedule, or for expenses incurred as the result of any delay, alterations or cancellation arising from any such circumstances over which we have no control.
  4. When a significant change becomes necessary before the adventures departure, notification of such alterations will be sent to the client’s last known address as soon as Ziba Adventures becomes aware. Ziba Adventures will in its sole and absolute discretion decide what constitutes a significant change of itinerary, and the client agrees to accept the same.
  5. If a significant change to an itinerary is necessary prior to commencement of the adventure – including a date change or cancellation – the client will have the choice of either accepting the change of arrangements, taking another available adventure from Ziba Adventures, or cancelling the adventure and receiving a full refund provided that the significant change is not due to flight cancellations, civil or political unrest or unforeseeable circumstances or any other reason beyond the control of Ziba Adventures and provided they do so within 14 days of notification.
  6. Ziba Adventures reserves the right to alter itineraries after departure, without refund, if it is believed by Ziba Adventures to be in the interest of the client to do so. If an itinerary has to be changed during an adventure, Ziba Adventures will decide the new itinerary. Ziba Adventures should act in its sole and absolute discretion to decide what constitutes a significant change of itinerary, and the client agrees to accept the same. Should a client choose not to participate in the revised itinerary and cancel the tour, reasonable help will be given to facilitate their return to the place of origin of travel. However, no refund or compensation will be payable in respect of any unused accommodation or any other services on the adventure.
  7. Be aware that wherever specific amenities or activities are mentioned in itineraries, including Tailor-Made Adventures, they are offered subject to availability and may, therefore, be subject to change. This includes place of stay and other accommodation, specific meals, guides and other activities. We will always try to inform the client of any changes to all itineraries.
  8. Ziba Adventures retains the right to change or cancel your tour entirely in extreme circumstances, for example, if your safety or the quality of the adventure, in our opinion, is deemed to be compromised. If we cancel your trip, we will reimburse all monies that we can retrieve from our suppliers. However, we cannot be held responsible for losses you may incur with third parties. For this reason, we recommend that you obtain suitable insurance.
  9. In the event of cancellation of a scheduled Adventure caused by a group not reaching minimum numbers (an amount which will be determined by The Company), then the Company shall notify the client not less than 8 weeks prior to departure that the minimum numbers have not enrolled and the tour is cancelled, in which case we will, if possible, offer you an alternative tour of an equivalent or lesser price. If this is not acceptable, all payments made to Ziba Adventures in respect of the tour shall be reimbursed.

 

Foreign and Commonwealth Office Advice

 

  1. The client acknowledges that they are responsible for making themselves aware through Foreign Office advice, State Department warnings and any other sources available to them, about the safety of the countries and areas in which they will be travelling and to make their decisions accordingly.
  2. Whilst we will do our best to inform clients of relevant changes to the FCO Travel Advice, it is up to the client, and not, to know what the FCO travel advice to a certain country, or region of a country, is and to be adequately insured to travel there. Ziba Adventures accepts no liability if the client chooses to cancel a booking because of FCO advice, or is not adequately insured to travel.

 

Surcharges

 

  1. Your price may be subject to surcharge in respect of currency exchange rate movements. However, there will be no price changes levied within 30 days of your departure date. In the unlikely event that we do need to make a surcharge, we will absorb the equivalent of 2% of the holiday price (the holiday price is the amount quoted to you at the time of booking and will include any surcharges known to exist at that time) excluding any amendment charges. Only amounts in excess of this 2% will be passed on to you. If this means you are paying more than 10% extra on the tour price, you will be entitled to cancel with a full refund of all monies paid except for any amendment charges. Should you decide to cancel because of this, you must exercise your right to do so in writing within 14 days of being notified of the surcharge.

 

 

Transfer of Booking by the Client

 

  1. Where the client is prevented from proceeding with the adventure, the client may transfer the booking to a person who satisfies all the conditions applicable to the adventure, having first given Ziba Adventures notice as soon as possible of their intention. 
  2. The Client and the Transferee shall then be jointly and severally liable to Ziba Adventures for payment of the balance and for any additional costs arising from such transfer.

 

 

Company and Client Responsibility

 

  1. You acknowledge that (i) your adventure (which includes any extensions and services) with Ziba Adventures (which includes any affiliates or suppliers) goes to places, sometimes remote, where facilities, infrastructure, and safety and other standards may not be sophisticated and may be different from those in your country and where there may be problems with forces of nature, terrorism, civil unrest, war and accidents. Adventures involve physical activity that can be demanding depending on the condition of the traveller and the risk of serious personal injury including permanent disability and death from accident, illness or the actions of other persons. Medical facilities and services may not be easily accessible and may not be sophisticated. There are risks associated with trips such as theft or loss of or damage to property. Some of the services provided in connection with adventure are obtained from independent suppliers over whom Ziba Adventures has no control and you may make use of certain equipment belonging to and maintained by Ziba Adventures including bicycle(s), electric bicycle(s) and related equipment, helmets and other safety equipment, and although the Ziba Adventures endeavours to maintain the equipment in good working order, breakdowns and failures of the equipment can and will occur due to normal wear and tear, road conditions including abnormal road conditions and ordinary use.
  2. You understand and have carefully considered the risks involved in taking an adventure of this nature and your use of the equipment. You accept those risks and assume full responsibility for any loss, injury, damage to people and property, inconvenience and discomfort to you, your family or your dependents arising in connection with your participation, or the participation of members of your family, in the trip. You accept any risks associated with altitude, illness, disease and physical exertion knowing that access to evacuation and suitable medical supplies and support may not always be available and is likely to take a considerable amount of time. You have your insurance appropriate to our needs in respect of such loss, injury or damage.
  3. You accept that although Ziba Adventures endeavours to choose appropriate suppliers to provide services on the trip. Ziba Adventures has no right to control their operations and therefore makes travel arrangements for the adventure on the condition that Ziba Adventures will not be liable for any negligent or willful act or omission of any independent supplier, or any other unrelated third party. 
  4. You acknowledge that the cost of the trip is based on your agreement to these Terms & Conditions. In consideration for Ziba Adventures accepting you on this adventure and allowing your use of the equipment you agree that you will not sue Ziba Adventures, in respect of, and you hereby forever release Ziba Adventures from, all liability for economic loss and physical or mental injury, direct or indirect, arising in connection with the adventure or your use of the equipment —including without limitation permanent disability or death; any emotional distress; any loss of services, financial support, aid consortium or companionship; and any damage to or loss of property—in each case, even if caused, in whole or in part, by the conduct, including the negligence, of Ziba Adventures except where such loss, injury or damage is caused by reckless or fraudulent conduct on the part of Ziba Adventures. 
  5. Ziba Adventures does not accept liability for compensation should there be no fault on the part of Ziba Adventures or its suppliers and the reason for the improper performance of the adventure arrangements was either the client’s fault, the actions of someone unconnected with the tour arrangements or could not have been foreseen or avoided by Ziba Adventures or its suppliers even if all due care had been exercised. Where the client does suffer personal injury or death as a result of an activity forming part of the adventure arrangements booked with Ziba Adventures, the same conditions shall apply.
  6. The client understands and accepts the potential risks and hazards that can be involved in adventures of the kind provided, including injury, loss or damage to property, discomfort and inconvenience. The client also accepts that they may travel to remote areas where possible problems may include forces of nature, terrorism, civil unrest, war and accidents. The client also accepts any risks associated with altitude, illness, disease and physical exertion knowing that access to evacuation and suitable medical supplies and support may not always be available and is likely to take a considerable amount of time.

 

 

Limitation of Liability

 

  1. Our responsibility does not start until you meet the group at the designated start point overseas; usually, an airport or train station in a city or town at the start of the adventure. We are not responsible for any additional expenses incurred by you in getting to the meeting point.

 

 

Travel Insurance

 

  1. Everyone who books an adventure through us must take out sufficient insurance to cover the loss or damage of baggage, all equipment (including, but not limited to, bicycles, helmets and electronic equipment such as personal navigation devices whether hired or otherwise). Insurance should also cover medical expenses and any repatriation costs if you become too ill to continue with your adventure.
  2. Ziba Adventures recommends that you purchase insurance specifically designed to cover the type of adventures that we offer and to the specific destinations you will be travelling to. Any claims associated with matters for which you are insured must be directed to your insurers. It is your responsibility to ensure you arrive at the start of the adventure within a reasonable time to commence the start of the journey, as we cannot refund you outside the terms of our Terms and Conditions. We do not include international flights in our packages, and so if you have booked flights independently, we advise that you arrange insurance to cover any costs incurred if we are forced to cancel or change your tour or if your airline cancels your flight and you are unable to make it to the start of your adventure.
  3. The client’s insurance cover should extend for the planned duration of the tour and at least an additional day.

 

Complaints

 

  1. We will always endeavour to resolve a complaint as it arises. To do this, we need to be made aware of the complaint. The client agrees to the following procedure:
  • The client will ensure at the earliest opportunity any perceived failure in the performance, or improper performance in the contract, whether by Ziba Adventures or its suppliers, is communicated in writing to Ziba Adventures leader. Ziba Adventures and the Client will then make prompt efforts to resolve the complaint.
  • The client agrees to give written details of any unresolved serious complaint to the leader.
  • If the complaint remains unresolved, then the client agrees to set out their complaint in writing to Ziba Adventures within 7 days of completion of the adventures.
  • The client agrees that these provisions are reasonable and that any failure by the client to comply with them will, at Ziba Adventures discretion, exclude any rights arising out of the contract.

 

 

Marketing

 

  1. The client agrees that Ziba Adventures, or their designate, may use any photographic or film records of the trips for promotional and/or commercial purposes without any remuneration to the client. The client agrees to assign all right, title and interest they may have in or to any media in which their name or likeness might be used to Ziba Adventures.
  2. The client, and all members of the group, agree to allow Ziba Adventures to contact them by email to let them know our latest news and any offers.

 

 

General Conditions

 

  1. No person, save with the expressed permission in writing of a Founder of Ziba Adventures, has the authority or is empowered to waive or vary any of the contracts.
  2. The invalidity or illegality of any clause within these Terms and Conditions shall not affect the continuation in force of the remainder of these terms.
  3. The contract shall be construed in accordance with English Law and the parties irrevocably submit to the exclusive jurisdiction of the English Courts to settle any disputes, which may arise out of or in connection with the contract.
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