Last updated: 29th August 2019
Choose a Challenge Participant Terms and Conditions
The terms and conditions set out below form the basis of Your relationship as the “Participant” (“You” and “Your”) with RW Travel and Events Limited, trading as Choose a Challenge, the “Organiser”, (“Us”, “We” and “Our”) of 27 Old Gloucester Street, London, WC1N 3AX and the Charity for whom You have chosen to raise funds (“the Charity”).
Please read these Terms and Conditions carefully as they set out each party’s respective rights and obligations. Your booking is subject to the following terms and conditions. The contract between You and Us comes into existence once You submit Your first payment to Us.
“Participant” That’s You - the person undertaking the challenge and agreeing to these terms and conditions (often referred to as ‘You’, ‘Your’ etc). You must be at least 18 years of age in order to make a booking and enter into this contract.
“Charity” That’s the UK registered Charity that You choose to raise money for as part of the registration process. The Charity may support You in Your fundraising efforts but are not involved in the organisation of Your Trip.
“Organiser” That’s Us - Choose a Challenge. It means the organiser as defined by the Package Travel, Package Holidays and Package Tours Regulations 1992 (Statutory Instrument 1992 No. 3288) and any amendment or re-enactment of the same and all other legislation implementing the EC Directive on Package Travel, Package Holidays and Package Tours (Council Directive 90/314/EEC). Often referred to in this agreement as ‘Us’, ‘We’ or ‘Our’.
“Trip” means the arrangements of, inter alia, flights, meals, accommodation, transfers and all other products and services provided by Organiser pursuant to this agreement and detailed in your itinerary and on your Registration Portal.
“Registration Portal” means the online platform through which You register for Your chosen Trip and provide Us with the personal details We need to fulfil this agreement.
“Trip Cost” means the total cost of the Trip due to the Organiser. The Trip Cost is the total cost of the Trip, and may be made up of Registration Fee, Flexi Payment and Balance Payment. It includes all airline fuel supplements and taxes however does not include any surcharges that may be applicable to Your Trip.
“Trip Registration Fee” That’s the fee You pay to Us as part of Your registration for a Trip. It is usually payable in two instalments and once fully paid secures Your place on the Trip, subject to Us receiving the full Trip Cost. If You cancel Your place within 72 hours of the initial instalment being paid then it may be refunded to You and the second instalment will not be charged. If you cancel after this 72 hour period, the first instalment of the registration fee is non-refundable and the second installment will be charged automatically.
“Cut-Off Date” This is the date, clearly displayed in your Registration Portal, before which you can change certain aspects of your trip without incurring fees. Further information on Cut-Off Dates in provided in your Registration Portal.
“Fundraising Target” - If You have chosen to fundraise then that’s the minimum amount of money You must submit to the Charity selected on Your Registration Portal in order to take part in the Trip. If You are unable to meet Your Fundraising Target by the stipulated date (8 weeks prior to Your Trip departure date) then Your place on the Trip will be cancelled and any payments You have made to us are non-refundable. Any payments You have made to the Charity are fully non-refundable.
“Balance Payment” - That’s the remainder of the Trip cost after You have paid Your Registration Fee. It is usually paid to Us by the Charity and is a fixed cost that represents no more than 50% of Your Fundraising Target (excluding any surcharges). If You are not fundraising for Charity the Balance Payment is paid by You to Us and falls due 10 weeks before Your Trip departure date. If the Charity does not confirm Your place with Us 8 weeks prior to departure You may be liable for the full Balance Payment due if You have not paid all outstanding Registration Fees.
“Flexi-Fund Payment” A payment made by You to Us in order to reduce Your Fundraising Target (maintaining the 50:50 ratio of Balance Payment to Fundraising Target for the Charity). The available Flexi-Fund Payment amounts are clearly stated on the Registration Portal for Your Trip. You may change your Flexi-Fund option without penalty up until 10 weeks prior to departure.
“Extension Trip” An optional package of ground arrangements that may form part of Your Trip. You are only able to participate in Your chosen Extension Trip if You have paid Us the Extension Registration Fee and the Extension Balance Payment.
“Extension Registration Fee” If You have selected an Extension trip on the Registration Portal then You must pay Us an Extension Registration Fee. The date that this Fee is debited from Your chosen payment method is shown on the Registration Portal. If You do not pay Us the Extension Registration Fee within 2 weeks of this due date then We reserve the right to transfer you to the immediate return Trip and you will be liable for any associated costs and fees. If you cancel after 72 hours but before the Extension Registration Fee has been debited then you will still be liable for the Extension Registration Fee.
“Extension Balance Payment” - If You have chosen an Extension Trip then this payment is payable by You to Us by the stipulated date in order to secure Your place on the Extension Trip. The Charity is not involved in the payment of Extension Balance Payments. If You fail to pay the Extension Balance Payment when due then we reserve the right to move You on to an immediate return Trip and charge You a Transfer fee plus any additional costs we incur as a result of the Transfer, or cancel your place on the Trip and You will not be able to reclaim any monies paid to Us.
By registering for a Trip You acknowledge and consent to the itinerary which is outlined on the Registration Portal. Many of our itineraries involve trekking to high altitude. There is a significantly increased risk of altitude sickness leading to death or serious injury in trekking to altitude over a short space of time, which many of our itineraries do. You should read Your itinerary carefully and satisfy Yourself that You are prepared to trek to the outlined altitude over the stipulated time-period. You hereby consent and agree that You are happy to proceed on this basis and if You are not, You should not register for this challenge. You are advised to consult with a medical practitioner to determine if You should attempt trekking.
2. Assumption of Risk
By registering for the Trip, You acknowledge that You are aware that adventure travel such as the Trip You are undertaking involves potentially dangerous activities, sometimes in remote areas of the world, with a risk of illness, injury or death which may be caused by forces of nature, illness, or by willful or criminal conduct of third parties or by terrorism. You further acknowledge that weather conditions may be severe, adverse and/or unpleasant and that medical services or facilities may not be readily available or accessible or consistent with standards in the United Kingdom during some or all of the time during which You are participating in the Trip. If You are not happy to proceed on this basis You should not register for this Trip.
We do not assume any responsibility for goods and or services from third parties paid for during Your Trip. This includes, but is not limited to, rental of equipment or clothing and purchase of any trips or excursions. In the case of trips or excursions paid for during your trip We make no warranty as to the safety or suitability of the itinerary and it is Your responsibility to satisfy Yourself as to whether any trip offered is suitable. This includes any trip or excursion that is booked with Our ground agents or their representatives.
Choose a Challenge is the Organiser of Your Trip. Your contract for the Trip is with the Organiser. Please note that the Organiser’s responsibilities are limited to the provision of the Trip in accordance with this Agreement. Except in relation to monies paid to the Charity and held by them on the Organiser’s behalf, the Organiser has no responsibility for any payments made to the Charity or for any act(s) or omission(s) of the Charity. The Charity is not engaged with the organisation of the Trip and is simply the beneficiary of the money You raise. The Charity has no responsibility for any payment made to the Organiser by You or any third party or for any act(s) or omission(s) of the Organiser. The Organiser has no responsibility for any payment made to the Charity by You or any third party.
From the time You first register for Your Trip until 8 weeks prior to departure there are a number of Payments that we may automatically debit from Your chosen payment method according to the payment schedule that You have selected in the Registration Portal.
At the time of registration You must pay Us at least the first instalment of the Registration Fee.
If You have chosen an Extension Trip then we will take your Extension Registration Fee automatically from your chosen Payment Method on the date stated in the Registration Portal.
Approximately 5-30 weeks prior to the departure date (but clearly stated in the Registration Portal): the second instalment of Your Registration Fee will be debited from your chosen payment method. Please note if You cancel Your place for whatever reason at any time after the first 72 hours, the second instalment of your Registration Fee and the Extension Registration Fee are still payable and will still be charged.
The Cut-Off Date for your Trip is approximately 16-28 weeks prior to the departure date (but clearly stated in the Registration Portal). This is the last date on which You can add an Extension Trip by paying the Extension Registration Fee. After this date You may be able to add or remove an Extension Trip at Our discretion but there may be a Fee of £100 plus any additional supplier costs we incur. If You choose to remove an Extension Trip from your Trip prior to the Cut-Off date you will not be charged a change of travel option Fee but you will forfeit your Extension Trip Registration Fee.
10 weeks prior to your departure date: If You have already selected to make a Flexi-Fund Payment then this will be debited from Your payment card along with Your Extension Balance Payment, if You have chosen an Extension Trip. After 10 weeks prior to Your Trip departure date You may not alter your Flexi-Fund payment amount. If You subsequently cancel Your trip or the Charity does not confirm you on the trip then your Flexi-Fund Payment and your Extension Balance Payment are non-refundable. If you Defer and pay the necessary Deferral Fee then you may carry-over your Flexi-Fund Payment and your Extension Balance Payment to a departure in the following year, subject to the clauses under section 9. of this agreement.
Flexi-Fund Payment amounts and the subsequent reduction in Your Fundraising Target are detailed on the Registration Portal.
The Payment schedules for Your Trip will be clearly outlined on Your Registration Portal and may vary based on the options You choose.
Prices may be quoted in British Pounds, Euros or Dollars. This is clearly specified on the Registration Portal and all payments must be made in the currency quoted at the time on the Registration Portal. Payments may only be made by debit card or credit card.
For flight-inclusive and ground arrangements only bookings, all monies paid to the Charity (if any) up to the full amount of the Trip cost will be held on the Organiser’s behalf until they are paid to the Organiser. Please note: this Clause only applies to monies paid to the Charity up to the full amount of the Trip Cost. Any additional monies paid to the Charity over and above the Trip Cost belong to the Charity.
If the Organiser or the Charity (as applicable) do not receive all payments due from You (including any surcharge where applicable) in full and on time as set out in this agreement, Your place on the Trip will not be guaranteed. If You are allowed to proceed, further surcharges may be applicable. The Organiser will be entitled to keep any Payments made by You or due at that date. The Charity will be entitled to keep any monies fundraised as these monies were raised for charitable purposes.
4. Pricing & Minimum Numbers
To offer the lowest possible price, all of our Trips are priced according to the number of flight-inclusive Participants on the Trip. If less than minimum numbers are booked on a Trip surcharges may be applicable. In such cases the surcharges will be clearly communicated to You. Most Trips operate with a minimum number of 12 Participants and Extension Trips operate with a minimum number of 4 participants. If we do need to levy a surcharge You must pay it in order to take part in the trip, unless the surcharge exceeds more than 10% of the overall Trip Cost (all Registration Fees + all Balance Payments) in which case You will have the option to cancel and receive a full refund of all monies paid relating to either the main challenge, or the extension - whichever is applicable. All payments to the Charity however are non-refundable.
Your trip may be cancelled due to insufficient numbers up until 7 weeks prior to departure. If Your Trip is cancelled by us due to insufficient numbers You will be offered a free-of-charge Transfer, a free-of-charge Deferral, or a full and complete refund of all monies paid to Us.
Prices are per person and there are inclusions and exclusions clearly outlined in Your Challenge Info Pack, which forms part of the Registration Portal - please read it before You register.
The Trip Cost you agree to pay consists of the basic Trip Cost advised at the time of booking and the full amount of any fuel supplement or taxes imposed by any airline providing flights which form part of Your Trip together with any other amounts You have agreed to pay the Organiser for the Trip. Once the Trip Cost has been confirmed at the time of booking We will only increase it by way of a surcharge. A surcharge will be payable, subject to the conditions set out in this Clause, if Our costs increase as a result of:
Transportation costs (e.g. fuel, scheduled airfares and any other airline surcharges, scheduled train and bus services and scheduled boat services) which are part of the contract between transport providers (and their agents) and the Organiser or dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at airports increasing.
Our costs increase as a result of any changes in the exchange rates which have been used to calculate the cost of the Trip. For guidance the Trip Cost is based on a minimum exchange rate £1 (GBP) = €1.2 (EURO) = $1.3 (USD)
Our costs increase due to a government-issued tax or levy that was not present when the initial Trip Cost was calculated. For example an increase or introduction in national park fees, VAT, entrance fees and/or minimum wage guiding services as directed by a government agency. These costs will clearly and demonstrably be outwith our control.
We will not issue a surcharge to You unless the total cost of the surcharge exceeds 2% of Your total Trip Cost. If any such surcharge is greater than 10% of the Trip Costs and You do not wish to accept the surcharge You will be entitled to cancel Your booking and receive a full refund of the Registration Fee and the Balance Payment. The Organiser does not refund amendment charges. You have 14 days from the issue date printed on the surcharge invoice to tell the Organiser if You want to Cancel, Defer or Transfer to another Trip. If You choose to Transfer or Defer then We will waive the fee. If You do not tell the Us that You wish to do so within this period of time, We will assume that You will pay the surcharge. Any surcharge must be paid with the balance of the cost of the Trip or within 14 days of the issue date printed on the surcharge invoice, whichever is later.
5. Cancellations and Refunds
If it becomes necessary for You to cancel Your trip, the following fees will apply, computed as of the date of receipt of Your cancellation request form, a copy of which is available from us on request:
Up to 10 weeks prior to departure: You’ll lose any registration fees you have made to Us and any monies you have submitted to Your chosen Charity. If You cancel before paying any outstanding Registration Fees or instalments of Registration Fees that are due to us e.g. the 2nd instalment of your Trip Registration Fee or the 1st Instalment of your Extension Registration Fee, then We will debit your payment card for the amount you owe us. Your cancellation will not be confirmed until We have received full payment of any monies owed to Us.
0-10 weeks prior to Your Trip departure date: 100% of all payments made or due are fully non-refundable.
Your place will be cancelled with no recourse to refund (partial or complete) if You fail to pay Your Extension Balance Payment, Flexi-Fund Payment or any other sums due by You, to Us, when they fall due.
If, 8 weeks prior to departure, you have requested cancellation but have not fully paid all monies owed to Us by You then We reserve the right to invoice You for the full Trip Cost.
Please note Choose a Challenge will follow advice from both the Foreign and Commonwealth Office and our ground agents with regards to safety and security within any destination country. If the FCO advises UK citizens not to travel to Your chosen destination We will cancel Your Trip and You will be entitled to refund (as outlined below) if this cancellation occurs outside of 8 weeks prior to the departure date. If the FCO does not specifically advise against all travel to Your destination, Your Trip will continue as planned and we will not be in a position to make any refunds if You choose to cancel Your Trip due to a perceived increase in risk.
We reserve the right to cancel Your place at any time on the basis of medical information that You have provided to Us. If your place is cancelled by us, due to a medical condition that You declared when You registered, You will receive a full refund of Your registration fee, and any other payments made. Please note all payments to your charity are non-refundable. If We cancel your place as a result of a medical condition that You declare after You register then you will not be eligible for any refund whatsoever.
On the Registration portal We may ask You to provide your passport details before a certain date. We reserve the right to cancel Your Trip if You have not provided Us with Your passport details by the specified date. If We cancel Your Trip because You have not provided Us with Your passport details by the specified date then You will not be entitled to any refund whatsoever.
6. Fundraising Ethics
You agree that You will not give the impression, or indicate to any donors that Your Balance Payment may be counted as a Charitable donation. You acknowledge that 50% of the Fundraising Target is used by the Charity to pay for Your Trip, through which You gain a benefit and the remaining 50% may be treated as a donation to Charity.
7. Medical Authorisation, Coverage and Travel Insurance
It is Your responsibility to ensure You have provided us with all relevant information regarding Your personal, physical and mental health in order that we may asses and make reasonable adjustments to the Trip to accommodate You. We must receive this information no later than 12 weeks prior to departure. Occasionally we may ask You to provide a letter from Your Doctor confirming fitness to participate in Your chosen Trip. We are committed to ensuring our Trips may be enjoyed by everybody irrespective of race, religion, disability or gender. Due to the nature of some of our Trips we can not always accommodate everybody and we would advise that You speak to us first before registering for a Trip if You are unsure as to whether a Trip would be suitable for You.
In the event You become sufficiently incapacitated as to be unable to direct Your own care, You authorise any and all medical treatment deemed necessary in the event of any injury or illness while participating on the Trip whether or not administered by medical or non-medical personnel.
In addition, You certify that You will have medical insurance which will cover personal accidents, medical expenses, medical evacuation, air ambulance and helicopter evacuation, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to You, or that in the absence of this medical insurance coverage, You agree to pay to Us within 28 days, 100% of all costs of rescue and/or medical services as may be incurred on Your behalf.
You must provide proof of suitable travel insurance, which includes medical repatriation, to Us no later than 10 working days prior to Your departure date. If You are unable to provide such evidence of insurance We will cancel Your place on the Trip and You will not be entitled to a refund of any monies paid to Us. We highly recommend You also include trip cancellation insurance in case You are forced to Cancel, Defer or Transfer Your place due to insurable reasons. Please ensure travel insurance is suitable to the Trip You are undertaking, for example coverage of trekking up to 6,000m ASL if You are undertaking a Kilimanjaro or Everest Base Camp trip.
Pregnancy is considered a medical condition and must be disclosed to Us at the time of booking. We may refuse to carry pregnant women over 24 weeks. If You have declared medical conditions to Us We may require You to provide further information or a note from a suitably qualified practitioner certifying Your ability to take part in the Trip. We will contact You no later than 7 weeks prior to the departure date requesting such information. If You do not respond to Our reasonable requests for further information and You have failed to provide the required documentation 10 working days prior to the departure date then Your place on the Trip will be cancelled without recourse to refund.
8. Transfers and Change of Travel Option
You may Transfer to another trip departing the same year for a fixed fee of £100 + any supplier-imposed costs incurred by Choose a Challenge, or any difference in airfare price between Your original departure and Your new one, as long as You request a transfer at least 8 weeks prior to Your Trip departure date. Transfers within 8 weeks of Your Trip departure date are not permitted under any circumstances. Transfers are always subject to availability and are only allowed at Our discretion.
You may change Your travel option (for example adding or removing an extension product resulting in a change in Your flight dates, or moving onto or away from a flight inclusive package) for a fixed fee of £100 + any third party-imposed costs incurred by Us and also any difference in airfare price between Your original Trip and Your new Trip, if you make the request at least 12 weeks prior to the departure date. Change of travel options within 12 weeks of the departure date are not permitted. All travel option changes are subject to availability and are only allowed at Our discretion.
You are booked on to Your Trip in Your name. You may not substitute another person in Your place on Your Trip or any other under any circumstances.
You may choose to Defer Your Trip to the following calendar year. If You have opted to fundraise then Your chosen Charity will allow you to carry-over any monies you have submitted to them and count these monies toward your Fundraising Target for a Trip departing in the calendar year following the one in which Your Trip was originally due to take place. Deferrals are subject to a £200 Fee payable to Us and You may Defer at any time from registration up until 8 weeks prior to Your departure and we will hold any Registration Fees and/or Extension Balance Payments in credit against your deferred Trip. Any Flexi-Fund Payments are non-refundable and will also be held in credit. You may not change your fundraising option for Your deferred Trip if You have already made a Flexi-Fund Payment to Us. If You Defer to a Trip with a lower Registration Fee and/or a lower Fundraising Target You will not be entitled to refund from either Us or the Charity.
If Your place has been cancelled we may offer You the opportunity to defer at any time. As part of the Deferral process You will need to agree to any variation in the terms and conditions for Your new Trip as well as any change in Fundraising Target and/or Flexi-Fund Payment.
To Defer you must complete the Deferral request form, which is available from Us upon request.
In order to guarantee Your ability to Defer You must have paid Your £200 Deferral Fee. Your Deferral is not confirmed until we have received payment of your Deferral Fee. Once we have received your Deferral Fee you will be issued with a discount code which will enable you to register for a Trip in the following calendar year. You must have registered for Your Deferred Trip no later than the 1st January in the Calendar year in which Your Deferred Trip takes place. Failure to register with the code before this date will lead to the forfeiture of all monies paid to Us and the Charity and the loss of Your right to register for a Deferred Trip with Us.
You may not Defer more than once. If you choose to Defer but then do not participate in a Trip in the following calendar year then You will forfeit all monies paid to Us and to the Charity
10. Changes to Trips
A ‘Significant Change’. A Significant Change is a change made before departure which, taking account of the information You give to Us at the time of booking and which could reasonably be expected to have a major effect on the Trip. Significant Changes are likely to include the following changes when made before departure; a change of accommodation for the whole or a significant part of the Trip itinerary to that of a lesser standard, a change of outward departure time or overall length of time You are away of thirty six or more hours, a change of UK departure point to one which is significantly more inconvenient for You and, a significant change of itinerary missing out one or more major destinations substantially or altogether. If the Organiser has to make a Significant Change or cancellation, the Organiser will tell You as soon as possible. If there is time to do so before departure, the Organiser will offer You the choice of the following options for Significant Changes:-
Accepting the changed arrangements
Transferring to an alternative Trip from the Organiser, of a similar standard to that originally booked if available. The Organiser will offer You at least one alternative Trip of equivalent standard. If this Trip is in fact cheaper than the original one, the Organiser will refund the price difference to You (if You have paid the Trip Cost to the Organiser directly Yourself) or the Charity (if the Organiser have received the Trip Cost from the Charity). If You do not wish to accept the Trip the Organiser specifically offers You, You may choose any of the Organiser’s other available Trips. The price of these may be higher or lower than the original Trip and the difference will be either payable by, or refunded, to You. There will be no Transfer Fee payable by You.
Cancelling or accepting the cancellation, in which case You will receive a full refund of all monies (including the Registration Fee) You have paid to Us. Please note if the cancellation occurs within 8 weeks of the departure date due to factors beyond the Organiser's control then the Organiser will not be able to make any refunds to You.
A “Minor Change” is any change which, taking account of the information You have given to Us at the time of booking, We could reasonably expect to have no significant effect on the Trip.
Examples of Minor Changes include a change in accommodation to that of a higher or similar standard, a change in departure and/or return date by up to 36 hours that does not lessen the number of days You spend in the destination country, a change in meal plans, and change in itinerary routing whilst achieving the same overall goal, or a change in transportation whereby the newer classification of transportation is a similar or higher standard (for example changing from a vehicle transfer to a flight transfer).
Very rarely, We may be forced by “Force Majeure” (see “the Organiser’s Liability” below) to change or terminate the Trip after departure but before the scheduled end of Your time away. This is extremely unlikely but if this situation does occur, the We will be unable to make any refunds (unless We obtain any refunds from Our suppliers), pay You any compensation or meet any costs or expenses You incur as a direct or indirect result of such changes.
11. Flight Delays, Baggage & Special Requests
Flight delays are outside of our control and we can not be held responsible for lost time in relation to these. If You miss a flight connection the airline will provide You with the necessary food and accommodation until You are able to continue on Your journey. Where possible we will liaise with the airline to extend Your return flight leg to ensure You have no loss of time in the ground arrangements. This is however not always possible and in such circumstances we will be unable to offer You any compensation, beyond that which the airline will offer. Lost baggage by an airline is outside of our control and is solely an issue between You and the airline involved. We recommend the travel insurance You choose provides cover for such eventualities.
Special requests including dietary requirements and requests made by You to the Us either at the point of booking or at any time prior to departure will, where possible, be accommodated. Due to the nature of many of the Trips We offer, not all special requests including dietary requirements can be accommodated. Any special requests or requirements do not form part of these Terms and Conditions or the contract between You and Us and We are not liable for any failure to accommodate or fulfill such requests.
12. Cancelled Trips
Choose a Challenge reserves the right to cancel any trip prior to departure for any reason whatsoever, including insufficient Participants or logistical problems that may impede trip operations. The refund of all payments received shall release Choose a Challenge from any further liability.
A trip with insufficient sign-ups would normally be cancelled a minimum of 4 months prior to departure. If Choose a Challenge cancels a Trip We may offer You a Transfer to another Trip and the Transfer Fee will be waived. If You do not accept the Transfer then You will receive a full refund of all monies paid, unless the cancellation is due to factors that, using all good practice, Choose a Challenge would not reasonably been able to foresee. Such factors include, but are not limited to: acts of God; war; labour strikes; earthquake; flooding; the FCO changing its advice on travel to a specific jurisdiction whereby it advises UK Citizens to avoid 'all but essential travel'; other items under 'Force Majeure'.
If we are forced to cancel a trip due to the factors listed in 11.d. more than 8 weeks prior to departure we will refund You in full, less any non-recoverable costs we have incurred in relation to Your booking including, but not limited to, airline deposits, ground supplier deposits and administration costs. Choose a Challenge is not responsible for expenses incurred by Participants in preparing for a cancelled trip (e.g., non refundable advance purchase air tickets, visa fees, vaccinations, equipment, etc.) or for any additional arrangements should the trip member have embarked prior to the scheduled group departure date.
We will not pay any compensation to You for any losses, howsoever incurred, that arise as a direct or indirect result of the cancellation of a Trip by Us.
Should You have a complaint whilst on Your Trip, You must notify Our representatives in Your destination as soon as possible. It is only if We know about problems that there will be the opportunity to put things right. Any complaints must be communicated to Our representatives verbally immediately during the Trip and to the UK Office no later than 14 days after the return of the Trip in order for us to effectively investigate and respond to your complaint.
14. Organiser’s Liability
We will use reasonable endeavours to make sure that the Trip arrangements that We have agreed to make, perform or provide which form part of Our contract with You are made, performed or provided with reasonable skill and care. This means that, subject to these booking Terms and Conditions We will accept responsibility if, for example, You suffer death or personal injury, or Your contracted Trip arrangements are not provided as promised, or prove deficient as a result of the failure on Our part, Our employees, agents or suppliers. We, Our employees, agents and/or suppliers will use reasonable skill and care in making, performing or providing, as applicable, Your contracted Trip arrangements. Please note it is Your responsibility to show that reasonable skill and care has not been used if You wish to make a claim against Us. In addition, We will only be responsible for what Our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work We had asked them to do (for agents and suppliers).
We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:-
The act(s) and/or omissions(s) of the person(s) affected or any member(s) of their party or
The act(s) and/or omission(s) of a third party not connected with the provision of Your holiday and which were unforeseeable or unavoidable or
The promises We make to You about the services We have agreed to provide or arrange as part of its contract with You – and the laws and regulations of the country in which Your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complication complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable Participant to refuse to take the Trip in question.
Additional goods and services may be offered to You by some or all of our ground agents or their representatives or their third party suppliers. These additional goods and services are not provided by Us, We do not supervise their sale to You and We are not responsible for any acts or omissions in relation to them. The goods and services offered to You are not assessed for either risk, safety, suitability or enjoyment by Us. You purchase these goods and services entirely at Your own risk and We accept no liability resulting from poor performance, injury or death in relation to such goods and services.
We are not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than Us and Our employees.
As set out in these booking conditions We limit the maximum amount We may have to pay You for any claims You may make against Us. Where We are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount We will have to pay You is £1,000 unless a lower limitation applies to Your claim under this Clause.
For all other claims which do not involve death or personal injury, if We are found liable the maximum amount We will pay You is twice the price (excluding insurance premiums and amendment charges) paid by You, or on Your behalf , in total unless a lower limitation applies to Your claim under this Clause. This maximum amount will only be payable where everything has gone wrong and You have not received any benefit at all from the Trip.
Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation We will pay You will be limited. The most We will pay You for that claim or that part of a claim if We are found liable to You on any basis, is the most the carrier or hotel keeper concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question (for example, the Warsaw Convention as amended or un-amended and the Montreal Convention for international travel by air and/or for airlines with an operation license granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Athens convention for international travel by sea).
Please note: Where a carrier or hotel would not be obliged to make any payment to You under the applicable International Convention or Regulation in respect of a claim or part of a claim, We are similarly not obliged to make a payment to You for the claim or part of the claim. When making any payment, We are entitled to deduct any money which You have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question. Copies of the applicable International Conventions and Regulations are available from us on request.
Please note, We cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to Us by You concerning Your booking prior to the Organiser accepting it, We could not have foreseen You would suffer or incur if We breached Our contract with You or (2) which did not result from any breach of contract or other fault by Us or Our employees or, where We are responsible for them, Our suppliers. Additionally We cannot accept liability for any business losses.
You must provide Us and Our insurers with all assistance it may reasonably require. You must also tell Us and the supplier concerned about Your claim or complaint as set out under clause 12. above. If asked to do so, You must transfer to Us or Our insurers, any rights You have against the supplier or whoever else is responsible for Your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with Us and our insurers if We or Our insurers want to enforce any rights which are transferred.
Force Majeure. Except where otherwise expressly stated in their booking conditions, We regret We cannot accept liability or pay any compensation where the performance or prompt performance of their obligations under this contract with You is prevented or affected by or You otherwise suffer any damage or loss as a result of “Force Majeure”. In these Booking Conditions, “Force Majeure” means any Trip which We or Our supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such Trips may include war or threat of war, riot, civil strife, actually or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar Trips outside our control.
Choose a Challenge reserves the right to refuse You as a Trip Participant, or remove You, at Your own risk and expense and without recourse to any refund, If We or our representatives judge You to be incapable of meeting the physical rigors and requirements of participating in the Trip, or if We determine your mental health is, or may pose a risk to You or others by You continuing. We may also remove You from the Trip if You are determined to be detracting from the enjoyment of the trip by others, or if Your action is likely to endanger other Participants or bring either Us or the Charity into disrepute, either before or during the Trip. You agree to follow all written and verbal rules of safety or otherwise presented to You by Us, Our Representatives, or the local ground agent and their representatives. Choose a Challenge reserves the right to make route, hotel, itinerary, leader changes and Trip modifications as required or desirable to improve the trip quality and/or to accommodate the comfort and well-being of Participants.
15. Your Responsibility
You are responsible for fully and completely completing Your registration form to the best of Your knowledge. If You need to make adjustments to the data You have provided to Us (such as name changes) this can be done free of charge plus any non-refundable supplier-imposed costs as long as the change is notified to Us at least 8 weeks prior to departure. Please note adjustments within 8 weeks of the departure date are subject to a £50 administration fee + any supplier-imposed costs. Please note that it is not always possible to amend certain details and that supplier-imposed costs may be significant. If You deliberately withhold information from Us on Your Registration Portal (including medical information) that We may reasonably request and this information would have had a material impact on Your suitability to take part in the Trip then We will cancel Your place immediately with no recourse to refund. If this cancellation occurs whilst You are on Your Trip the remainder of Your Trip will be cancelled and You will need to make Your own arrangements to return home.
You are responsible for arranging, and must be in possession of, a valid passport and any visas and vaccination certificates required for the whole of Your journey. Information given by the Us about these matters or related items (climate, clothing, baggage, personal gear et cetera) is given in good faith but requirements may change and You must check the up-to-date position in good time before Your Trip. It is Your responsibility to obtain any necessary vaccinations for Your Trip and to do so well before the departure date. Please note if You are denied boarding due to a fault with Your visa or Your passport the Organiser cannot be held responsible, and no refunds will be payable.
You are responsible for following the local laws and customs of the destination country and You are also responsible for behaving politely and reasonably to Your fellow participants and Our representatives and/or representatives of Our ground agents. Please note we reserve the right to remove You from a Trip and cancel the remainder of Your Trip, including Your return flights home if You behave in a threatening or rude manner to other Participants or to Our representatives and/or representatives of Our ground agent. You are required to follow the reasonable requests and instructions of Our representatives and representatives of Our ground agent and if You do not, You may be liable to be removed from the tour with no recourse to refund.
In some of the countries we operate homosexuality is illegal and You are strongly advised to familiarise Yourself with local laws and customs of Your destination country. A good place to start is the FCO website (https://www.gov.uk/foreign-travel-advice)
You have the responsibility to select a Trip appropriate to Your ability and interests. You must be in sufficient good health to undertake the trip. You are responsible for preparing for the trip by studying the itinerary and pre-departure information sent by Choose a Challenge and for bringing the appropriate clothing and equipment as advised therein. For the avoidance of doubt the majority of our Trips are only suitable for Participants who are in a good state of physical fitness and do not have any pre-existing cardiovascular medical conditions. If You are unsure as to Your suitability please contact us prior to reserving a place on one of our Trips.
You are responsible for settling any medical bills You incur during the Trip directly Yourself. Travel insurance is compulsory for all participants and You may be able claim costs incurred from Your travel insurance company. We will not pay for Your medical bills on Your behalf.
You are responsible for ensuring that You have access to funds that may be used to pay for unforeseen costs during Your trip, such as medical bills.
You are responsible for any damage or loss caused by You to any equipment or any of our supplier’s equipment. Full payment for any such damage or loss must be paid direct at the time to the accommodation owner or manager or other supplier. If You fail to do so, You will be responsible for meeting any claims subsequently made against Us (together with the Our and the other party’s full legal costs) as a result of Your actions.
This clause provides notice to participants of our policies relating to the processing of personal data in accordance in accordance with the Data Protection Act 1998 and with Regulation (EU) 2016/679 (the 'General Data Protection Regulation').
We collect data (including sensitive personal data relating to Your physical or mental health) from You when You register for a Trip and We will share this data with suppliers (including airlines and ground suppliers both within and outwith the EU) who need to know it in order to carry out their reasonable obligations in executing their responsibilities in delivery of the Trip,having regard to any medical conditions which You have, and Your dietary requirements.
After Your Trip has been completed, We will also use Your contact information (but not sensitive personal data) to keep you updated with information about Our Trips via email, SMS, telephone or customised online content, for a period of up to 10 years. You may opt out of receiving such correspondence at any time by emailing Your opt-out request to email@example.com.
We will pass on limited personal information to the Charity and your Challenge Leader in order that they can provide You with fundraising support and advice. This information will not include any sensitive personal data.
We may pass on limited personal information to Your University, Student Union or local ‘RAG’ to the extent to allow them to identify Your participation on the program. Any such information will not include any sensitive personal data.
We may pass on limited personal information to third parties in pursuit of its legitimate interest in being a successful tour operator. These parties may include developers or consultants.
For the avoidance of doubt, the Organiser and the Charity shall be data controllers in common in respect of the processing of Your personal data in accordance with the terms of the Data Protection Act 1998 and with Regulation (EU) 2016/679.
17. Miscellaneous Matters
We shall not be liable for (a) expenses such as additional hotel nights and meals not specified in the individual trip itineraries, but which may be required to get to or from a trip start or end; (b) expenses due to the delay of a trip for any reason (e.g., bad weather, trail conditions, landslides, flooding, sickness, etc.); (c) expenses incurred in recovering luggage lost by airlines, belongings left behind on a trip, or in shipping purchases or other goods home from abroad.
We reserve the right to take or use any and all photographic and film records produced on any and all of our challenges. This also applies where You have shared this directly with us, or publicly through social media including, inter alia, Facebook, Instagram, YouTube etc. By participating in a challenge and agreeing to these Terms, you acknowledge and consent to Our usage of any such records - which may include depictions of yourself taking part in the challenge - for promotional and/or commercial purposes, without payment.
18. Your Financial Protection
When You buy an ATOL protected air package from the Organiser You will receive a booking confirmation from us confirming Your arrangements and Your protection under our Air Travel Organiser’s License Number 10210.
We, or the suppliers identified on Your ATOL Certificate, will provide You with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide You with the services You have bought or a suitable alternative (at no extra cost to You). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and You agree to pay any money outstanding to be paid by You under Your contract to that alternative ATOL holder. However, You also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case You will be entitled to make a claim under the ATOL scheme (or Your credit card issuer where applicable).
If we, or the suppliers identified on Your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) You under the ATOL scheme. You agree that in return for such a payment or benefit You assign absolutely to those Trustees any claims which You have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or Your credit card issuer where applicable). You also agree that any such claims may be reassigned to another body, if that other body has paid sums You have claimed under the ATOL scheme.
19. Applicable Law and ABTA Arbitration Scheme
The Contract and these Terms are subject to the laws of the United Kingdom and all Clients submit to the exclusive jurisdiction of the courts located in London, United Kingdom for the resolution of any dispute under these Terms and Conditions or concerning a Product.
We are a member of ABTA Limited, and We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.
We reserve the right to update or alter these Terms and Conditions at any time, and will post the amended Terms and Conditions on Our website at chooseachallenge.com. Any amendment will take effect 10 days after being posted to Our website. An up-to-date copy of these Terms, as amended, may be accessed at any time on Our website and will be sent to you upon written request to Us. You are deemed to have accepted any amendments to these Terms and Conditions on the date that is 10 days after their posting on Our website. We recommend that you refer to the Terms and Conditions prior to travel to familiarise themselves with the most up-to-date version available.