Terms & Conditions

 

RIVER & COASTAL EXPLORATION

By making a booking with Marine Xped you acknowledge that you have read, understand and agree to be bound by these terms and conditions during your time with us. Where the booking is made as a group then the person making the booking must ensure that all passengers have read and agree with these terms and conditions

These terms and conditions are governed by and shall be construed in accordance with English law, and any claim brought under these conditions shall be subject to the exclusive jurisdiction of the English law.

The Dartmouth Harbour and access to the water is maintained by South Hams District Council (SHDC) and Dart Harbour Navigation Authority) DHNA. Marine Xped (part of Westcountry Access Ltd) shall not be liable to any passenger whilst on the pier, its landings or surrounding areas.

SHDC & DHNA shall not be liable to any passenger on Marine Xped (part of Westcountry Access Ltd), for any loss or damage which arises out of or in connection with or as a consequence of the operation of Marine Xped (part of Westcountry Access Ltd) including, but not being limited to, loss of profit, damage to or loss of property or items belonging to the passenger and any personal injury to the passenger.

Tickets may be purchased either individually or a vessel may be hired exclusively (referred to as a ‘private charter’). The maximum number of persons allowed per boat (including Skipper) is ten or 10 (all persons regardless of age and third-party tour guides do count towards this final and maximum passenger number).

All persons cruising on the vessel must pay for admission prior to boarding the vessel. Tickets must be retained at all times and submitted for inspection if required by any employee or agent of Marine Xped (part of Westcountry Access Ltd). Any person attempting to gain admission to the vessel without a valid ticket may be ejected from the vessel and its vicinity.

Marine Xped (part of Westcountry Access Ltd) operates between March & October subject to weather conditions & numbers.
1. Bookings
1.1 Payment is due at the time of booking. Due to the nature of the business when bookings are confirmed Marine Xped (part of Westcountry Access Ltd) immediately incur expenses and costs directly relating to your booking whilst we prepare for your arrival.
1.2. All bookings are transferable, only in extenuating circumstances will bookings be considered for transfer and where at least a minimum of 24 hours notice of request is given via email, please note an administrative fee may apply of up to 50%.
1.3. A minimum of six passengers is permitted for each sailing, except at the absolute discretion of Marine Xped (part of Westcountry Access Ltd). Vessels that are not filled by the minimum number will be rescheduled. Passengers will be contacted to arrange an alternate date and/or time to travel.
1.4. Marine Xped (part of Westcountry Access Ltd) reserve the right to move your booking time or day due to operational needs or due to other company commitments. Sometimes governing boards involvement may result in changes becoming necessary.
1.5 We will use all reasonable endeavors to ensure that Marine Xped (part of Westcountry Access Ltd) operates. However, we reserve the right, in our absolute discretion, whether for safety reasons or otherwise, and with or without prior notice, to cancel any cruise. In the event of such cancellation, Marine Xped (part of Westcountry Access Ltd) will fully refund any visitor whose ride is cancelled, the cost of his or her prepaid ticket, but otherwise shall have no liability whatever, including liability for travel expenses or any other out of pocket expenses, in respect of the cancellation.
1.6. In the unlikely event that the vessel has to make an emergency return to Dartmouth pier (or any other landing point along the route) Marine Xped (part of Westcountry Access Ltd) will not be liable for replacement tickets and/or refunds.
1.7. All prices are in pounds sterling, no vat is added to any booking.
1.8. Marine Xped (part of Westcountry Access Ltd) reserve the right, where necessary to deviate from a vessel’s planned route. Please be aware, the weather and tides will on occasion dictate delays or alterations to the publicized route, where possible customers will be advised of any changes prior to sailing.
1.9. Due to the nature of the business sailing times cannot be guaranteed, however, every effort will be made to keep on schedule.
1.10. Speed restrictions apply at certain points along the tour, Marine Xped (part of Westcountry Access Ltd) work closely with DHNA Harbour Master and the Maritime Coastal Agency ‘MCA’ to ensure we maintain high levels of customer comfort and safety.
1.11. All passengers should arrive at our offices at 9A Foss Street, Dartmouth, no less than 30 minutes prior to the cruise time to check in.
1.12. Please be aware if you miss your scheduled departure you will not be eligible for a later booking or refund. If you are not present upon check-in for your pre-booked departure time our boarding team will endeavour to contact you, please ensure you provide us with a mobile telephone number that your lead passenger will have with them on the booking day.
1,13. Marine Xped (part of Westcountry Access Ltd) will prioritise all customers against their booking times and never allow late running customers to have an impact on later departure times. Marine Xped (part of Westcountry Access Ltd) are not responsible for factors out of our control, for example; late running commuter services, traffic or parking difficulties (this is not an exhaustive list).
1.14. From time to time Marine Xped (part of Westcountry Access Ltd) reserve the right to change the vessel your party are booked on, this will not affect passenger numbers or experience/transfer times.
1.15. On occasion Marine Xped (part of Westcountry Access Ltd) may act as a managing agent for larger group bookings where boats maybe supplied by alternate companies. In this instance you will be covered by their insurance, duty of care and terms and conditions. Marine Xped (part of Westcountry Access Ltd) will not be liable for third party bookings.
2. Medical conditions & pregnancy
2.1. The decision to sail and the consequences of doing so are entirely at the passenger’s own risk. Marine Xped (part of Westcountry Access Ltd) does not accept any liability for personal injury, or injury to others and/or loss or damage.
2.2. Without exception, expectant mothers are not permitted on board at any stage of their pregnancy.
2.3. Marine Xped (part of Westcountry Access Ltd) advises you not to travel if you have any historical or current backbone conditions or complaints. Be advised the open sea is an ever-changing environment and the vessel may be subject to unpredictable movements. We are not medical experts so are unable to assess every situation individually; we simply advise you do not travel with us.
2.4. All boats can experience unpredictable movements that could aggravate existing medical conditions. You must inform us of any material fact, including medical conditions or disabilities, which may affect the skipper’s decision to carry you as a passenger, especially epilepsy, dizzy spells, diabetes, angina or any other heart conditions, back/bone conditions and pregnancy (this is not an exhaustive list).
3. Clothing and safety equipment
3.1. Marine Xped (part of Westcountry Access Ltd) recommend your party to ‘dress for the weather’ bearing in mind it is usually cooler out at sea compared to the on the land. All passengers should arrive in suitable attire which will not be damaged by exposure to sea water or sunlight and in extreme circumstances hail or snow.
3.2. Life jackets are provided and must be worn at all times. Your guide will give a full safety briefing which will include full instruction on the inflation of life jackets in the event of an emergency.
3.3. Please note if life jackets are manually inflated and/or damaged with intent and where no emergency has taken place, as lead name on this booking you will be charged £50.00 per jacket.
3.4. All life jackets must be returned to Marine Xped (part of Westcountry Access Ltd) at the end of your experience with us. Marine Xped (part of Westcountry Access Ltd) will consider any items removed from the boarding area or vessel as stolen and issue a payment request to the lead passenger as a direct result.
3.5 Marine Xped (part of Westcountry Access Ltd) accepts no responsibility if any personal belongings are damaged, lost or stolen at any time whilst on the pier.4. Comfort and well-being
4.1. Passengers will not be permitted to board if Marine Xped (part of Westcountry Access Ltd) find that individual has:
4.1.1 Been convicted of a criminal offence which, in the opinion of Marine Xped (part of Westcountry Access Ltd), is likely to affect the safety or enjoyment of other visitors
4.1.2. Behaved in a manner which, in the opinion of Marine Xped (part of Westcountry Access Ltd) has, or is likely to affect the safety or enjoyment of other visitors
4.1.3. Used threatening, abusive or insulting words or behaviour or in any way provokes or behaves in a manner which may provoke a breach of the peace.
4.1.4. Shown signs of discourtesy, abuse or aggression to staff or crew.
4.2. Marine Xped (part of Westcountry Access Ltd) present offensive weapons or dangerous articles from being taken onto the vessel, visitors are admitted subject to a condition that, if requested to do so, they will allow themselves and/or their belongings to be searched.
4.3. It is prohibited to take onto the vessel any weapons including fireworks, smoke bombs, glass bottles, flammable liquids or other articles, which may cause injury. The throwing of any article from vessels is strictly prohibited.
4.4. Smoking is strictly prohibited on the vessel itself and on the boarding platform leading to the vessel.
4.5. Pets or animals of any nature are expressly prohibited on the vessel itself and the boarding platform leading to the vessel (except for guide dogs, which are more than welcome) without the express permission of Marine Xped (part of Westcountry Access Ltd).
4.6. Unnecessary noise, (such as that from the use of radio sets and other electrical equipment), or any behaviour likely to cause annoyance to other visitors or confusion of any kind is not permitted on or in the vicinity of the vessel.
4.7. Marine Xped (part of Westcountry Access Ltd) request you are respectful of our staff, other passengers and neighbours. Whilst onboard please refrain from offering obscurities, profanities or any indecent hand/body gestures to members of the public or other harbour users.
4.8. No food or beverage of any nature may be consumed on the boat itself or on the boarding platform leading to the boat without express permission of Marine Xped (part of Westcountry Access Ltd).
4.9. Other than liability for death or personal injury resulting from Marine Xped (part of Westcountry Access Ltd)’s negligence, Marine Xped (part of Westcountry Access Ltd), its employees or agents shall not be liable for any loss or damage, direct or indirect, howsoever arising, including without limitation any distress, inconvenience or anxiety caused during the course of any cruise undertaken and/or during evacuation from the vessel in the event of breakdown or accident.
4.10. Marine Xped (part of Westcountry Access Ltd) cannot be held responsible for weather conditions during your experience. Without exception poor weather will not be deemed a valid reason to authorise relocation of any booking.
4.11. Children are deemed to be 12 years and younger with a child ticket must be accompanied by a responsible adult at all times.
4.12. Passengers must remain seated at all times during their experience except when directly instructed by a representative of Marine Xped (part of Westcountry Access Ltd) that it is safe to embark/disembark.
5. Private transfers and charters
5.1. All vessels will be hired on a ‘private charter’ basis. The maximum number of passengers allowed per boat is twelve or 12.
5.2. A vessel may only be privately chartered by persons aged 18 years or over.
5.3. No ticket/booking may be resold without the previous written consent of Marine Xped (part of Westcountry Access Ltd). If Marine Xped (part of Westcountry Access Ltd) reasonably believes that a ticket has been resold without such consent, the holder may be refused entry to or ejected from the vessel without payment of compensation.
5.4. Marine Xped (part of Westcountry Access Ltd) are able to suggest approximate timings based on the logistics of your booking, however, where there are elements out of our control we kindly recommend you contact all other event organisers and transport providers to check your specific timings independently prior to confirming your booking with Marine Xped (part of Westcountry Access Ltd). Marine Xped (part of Westcountry Access Ltd) will be held responsible for their own service only.
6. Stowage
6.1. Hand luggage (up to rucksack).
There is sufficient room underneath seats to store luggage onboard the vessel.
6.2. Large luggage (suitcases).
Please contact the office at least 24 hours prior to your trip date in order to make prior arrangements.
6.3. Buggies/wheelchairs
please contact the office at least 24 hours prior to your trip date to arrange storage of items.
6.4. Marine Xped (part of Westcountry Access Ltd) will not be responsible for any belongings left behind and advise passengers to take all valuables with them.
6.5. From time to time Marine Xped (part of Westcountry Access Ltd) or other authorised parties will carry out photography and/or video recording and/or other monitoring on or in the vicinity of the vessel which may feature visitors. By accepting these terms and conditions, you agree that Marine Xped (part of Westcountry Access Ltd) or any authorised party may use such images in perpetuity in any promotional, advertising or publicity material in any format whatsoever. You further agree that copyright in these materials rests with Marine Xped (part of Westcountry Access Ltd) or such authorised party (as the case may be).
6.6. Marine Xped (part of Westcountry Access Ltd) allow customers to take their own photography from their seats. We are not liable for any damage to equipment during this operation. Where customers request our employee to use their camera/recording equipment Marine Xped (part of Westcountry Access Ltd) will not be liable for any damage incurred as a result.
7. Vouchers
7.1. Gift vouchers can be purchased on an individual or charter basis online.
7.2. Ensure to pre-book by telephone or online to avoid disappointment.
7.3. All vouchers are valid for a full twelve months from the date of issue, booked and sailing date within this period.
7.4. An extension of six months can be applied for but will incur a 30% administration fee as standard. Up to two extensions can be applied for, after this time vouchers will automatically expire.
7.5. Reseller/third party/agent vouchers will expire as per their booking terms and conditions.
7.6. All vouchers are non-refundable.
8. Complaints and feedback
8.1. Any passenger complaints should be brought to the attention of the crew on the day of your booking.
8.2. Following this, any further complaint should be put in to writing no less than seven days following your experience to info@mafrinexped.co.uk
8.3. Compliments and general feedback will be gratefully accepted to the same email address.
8.4. Marine Xped (part of Westcountry Access Ltd) endeavours to respond to your correspondence within 72 hours, however, on occasion and where an internal investigation is necessary this can take longer.

9. Business customers only
9.1. Unless a credit account has been agreed, all orders must be accompanied by payment in full. We reserve the right to clear cheques before releasing vouchers/confirming bookings. Where payment is to be made by cheque, make payable to Westcountry Access Ltd.
9.2. For credit account holders, payment should be made within 15 days of receipt of invoice. Late payment of invoices will result in the removal of any discount/credit offered. Vouchers are not sold on a sale or return basis.
9.3. For amended bookings your commission should be added to the total quoted and/or invoiced amount prior to quoting your clients.
9.4. No ticket may be resold without the previous written consent of Marine Xped (part of Westcountry Access Ltd). If Marine Xped (part of Westcountry Access Ltd) reasonably believes that a ticket has been resold without such consent, the holder may be refused entry to or ejected from the vessel without payment of compensation.
9.5. Prices shown are in pounds sterling, no vat is applicable. Where overseas transactions are being processed you should ensure the amount received covers the invoice in its entirety, taking into account current exchange rates.
9.6. You will be responsible at all times for the behaviour and conduct of your clients and/or guests. It is your duty to ensure they have received and understood the terms and conditions prior to sailing.
9.7. You may not use or adopt any of our trading names, trademarks, promotional images or other intellectual property rights (or those of any of our businesses) without having first obtained our written consent.
9.7.1. You may not produce, distribute or otherwise use any such materials without our prior written approval.
9.7.2. You will not use any such marks in combination with any other mark, name, word, device, symbol or logo without our prior written approval
9.7.3. You will use such marks (including as respects colour, printing, style, typeface and proportion) only in the form directed by us.
9.7.4. You will not do anything that in our absolute opinion could bring any such mark, us or our shareholders into disrepute or damage the goodwill attaching to any such mark or us.

COURSES

1 PARTIES
1.1 Your contract is with Marine Xped (part of Westcountry Access Ltd), whose registration number is 5466237 and registered office is at The Anvil, Chard Junction, Chard, Somerset, TA20 4QJ. Marine Xped (part of Westcountry Access Ltd) are hereinafter referred to as ‘the Company’ or ‘we’ in respect of these Terms and Conditions, which apply to all of the courses in our brochure and on our website.
1.2 The Client or ‘you’ – The person whose details appear and who submits this booking form. You confirm that you have authority to sign on behalf of all other people within your group, for whom you will be responsible for in accordance with these Terms and Conditions.

2 THE CONTRACT
2.1 The Contract comprises: a) These Terms and Conditions, b) The specific itinerary for the course on which you have booked, 3) the application booking form, all of which are hereby incorporated into and shall constitute the entire contract made between the Company and the Client. Where there is a discrepancy, these Terms and Conditions will prevail.

3 THE BOOKING FORM AND DEPOSIT
3.1 To make a booking for an escorted course with the Company the Client must complete an online booking form and submit a deposit of 20% of the course cost per person, whichever is specified by the Company.
3.2 The Contract between the Company and the Client will come to effect and be binding on both parties with effect from the date that notification of the acceptance of the deposit has been sent by the Company to the Client.
3.3 We reserve the right for whatsoever reason to return the deposit to you and refuse acceptance of your application for booking at any time, including after the commencement of the course, subject to as otherwise expressly provided within these Terms and Conditions.

4 BALANCES OF PAYMENT
4.1 The Client will pay the balance of the course price and any visa cost (where applicable) no less than 14 days before the Course Start Date. If the booking is made less than 14 days before the relevant Departure Date the Client must pay the course price in full on booking.
4.2 In the case of international payments the Client will ensure that the full GBP Sterling amount is received by the Company after all bank charges and any interest rate fluctuations have been levied.
5 FAILURES TO PAY THE BALANCE OF PAYMENT WHEN DUE
5.1 If the balance of the monies due from the Client to the Company is not paid 14 days prior to departure, we will treat the Contract as cancelled by the Client and retain the deposit.

6 COURSE START DATE
6.1 The Course Start Date is the date of commencement of the course

7 PASSPORTS, VISAS AND HEALTH MATTERS
7.1 Medical vaccinations, passports, visas etc. are entirely your responsibility and must be arranged prior to departure. We take no responsibility for cancellation of your trip in the event that you are not allowed to fly, or continue your course. If you are unable to travel due to not being able to obtain (or not having) the appropriate visa we reserve the right to retain the cost of the trip.
7.2 You must ensure you are medically fit to travel and participate in the course. We accept no responsibility for any losses you incur or any element of the course 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 activity/(ies) to determine whether you are able to participate and that you are at the required fitness level to undertake the course.

8 CANCELLATIONS BY THE CLIENT
8.1 The Client acknowledges that payment for the course is a fundamental part of the course’s income and contributes to the overall cost of equipment, running costs, staffing, administration etc., and that the Company will have incurred the largest part of its costs before the actual Date of Departure. Cancellation by the Client must be in writing.
8.2 Deposits are non-refundable. If you cancel your booking, cancellation charges will be imposed as shown below
8.2.1 15 days or more prior to departure – loss of deposit
8.2.2 15-10 days before departure – 30% of course cost
8.2.3 9-3 days before departure – 60% of course cost
8.2.4 Less than 3 days – 100% of course cost
8.2.5 All cancellations must be in writing and be made by the person who submitted the booking form.
8.3 After the Departure Date, no refund for any unused portion or part of the course or services to be provided will be given. If the Client of their own volition makes any alteration to or departs from, any portion of part of the course, such alteration or departure will be entirely at the Client’s expense and liability and the Client will forthwith communicate in writing the reason for leaving to the course guide.

9 CANCELLATIONS BY THE COMPANY
9.1 The Company reserves the right to cancel the Client’s course, however, the Company will normally not do so unless forced to do so by virtue of unforeseen circumstances such as flight cancellations, civil or political unrest or ‘force majeure’ or on group courses where minimum numbers have not been reached, or other matters it could not foresee or prevent.
9.2 In the event of cancellation caused by unforeseen or uncontrollable circumstances such as flight cancellations, civil or political unrest, ‘force majeure’, or human or manmade disaster, the Company will endeavour to reimburse any monies that it can retrieve from its suppliers.
9.3 In the event of cancellation 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 45 days prior to departure that the minimum numbers have not enrolled and the course is cancelled, in which case we will offer you an alternative course of an equivalent or lesser price. If this is not acceptable, the payments made to the Company in respect of the course shall be reimbursed. The Client may upgrade to a more expensive course if available, subject to the Client paying the difference in price.
9.4 In the event of any cancellation, the Company will not accept liability for any consequential expenses that the Client may incur as a result of cancellation or for any other loss or damage howsoever caused arising out of cancellation. In all cases it is up to the Client to have suitable insurance to cover any additional losses not covered by the Company’s policy of reimbursement due to cancellation and to have booked flights that are sufficiently flexible to accommodate change/cancellation.

10 FOREIGN AND COMMONWEALTH OFFICE ADVICE
10.1 The Client acknowledges that they are responsible to make themselves aware through Foreign Office advice, State Department warnings and any other sources available to them in regard to the safety of the countries and areas in which they will be travelling and to make their decisions accordingly.
10.2 Whilst we will do our best to inform clients of relevant changes to the FCO Travel Advice (www.fco.gov.uk), it is up to the Client, and not the Company, 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. The Company accepts no liability if the Client a) chooses to cancel a booking because of FCO advice or b) is not adequately insured to travel.

 

11 TRANSFERS OF BOOKING BY THE CLIENT
11.1 If prior to 14 days before the course start date, the Client wishes to transfer from the course they have booked to another available one, a transfer fee of £50 is payable and any additional costs incurred by the Company in respect of that change. The Company will consider discretionary waiving of the transfer fee if the transfer is to a course departing no later than the original course booked.
11.2 Any transfer made by the Client later than 14 days prior to departure will be subject to the Company’s discretion and subject to a £50 administration fee and any additional costs incurred by the Company in respect of that change. If for any reason the Company deems that transfer unfeasible, then conditions relating to cancellation by the Client apply. (See Clause 8)
11.3 Where the Client is prevented from proceeding with the course, the Client may transfer the booking to a person who satisfies all the conditions applicable to the course, having first given the Company notice as soon as possible of their intention. The Transferee will sign a new Booking form, and pay the transfer fee as defined in this Clause. The Transferee signing the booking form also agrees to be bound by these Terms and Conditions.
11.4 The Client and the Transferee shall then be jointly and severally liable to the Company for payment of the balance due under Clause 4 above and for any additional costs arising from such transfer.

12 CHANGES BY THE COMPANY
12.1 It is unlikely that the Company will have to make any changes to our published itineraries, but the arrangements are planned many months in advance. 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 course. It is agreed that a published itinerary constitutes only an indication of what the course is planned to accomplish and is not to constitute a contractual obligation on the part of the Company.
12.2 The Client agrees that the nature of the courses offered by the Company require a degree of flexibility and that the contents and timings of the course (including the arrival time at the course’s destination, changes in route or method of transport) may be materially and consequentially effected as a result of ‘force majeure’, weather, local political conditions, man-made or natural disasters (including landslides, quakes and severe flooding), strikes, 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 and alterations in the schedule, or for expenses incurred as result of any delay or alterations arising from any such circumstances over which we have no control.
12.3 When a major change becomes necessary before the course departure notification of such alterations will be sent to the client’s last known address (email or postal) as soon as the Company becomes aware. The Company will in its sole and absolute discretion (acting reasonably) decide what constitutes a major change of itinerary, and the Client agrees to accept the same.
12.4 If a major change to an itinerary is necessary prior to commencement of the course – including a date change – the Client will have the choice of either accepting the change of arrangements, taking another available course from the Company, or cancelling the course and receiving a full refund provided that the major change is not due to flight cancellations, civil or political unrest or ‘force majeure’ or any other reason beyond the control of Company, and provided they do so within 21 days of notification.
12.5 The Company reserves the right to alter itineraries after departure, without refund if it is believed by the Company to be in the interest of the Client to do so. If an itinerary has to be changed during a course, the Company will decide the new itinerary. The Company should in its sole and absolute discretion decide what constitutes a major 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 course, reasonable help will be given to facilitate their return to the place of origin of travel, but no refund or compensation will be payable in respect of any unused hotel accommodation or any other services on a course.

13 COMPANY AND CLIENT RESPONSIBILITY
13.1 The Client’s booking is accepted on the understanding that they realise the potential risks and hazards that can be involved in courses 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/or suitable medical supplies and support may not always be available and is likely to take a considerable amount of time and use wilderness extraction techniques.
13.2 Mode of Transport: For each course the Company will use locally arranged transport including jeeps, coaches, trains, buses, river craft or helicopters as shown in the specific course itinerary.
13.3 The Client agrees that the obligation of the Company to the Client is to use reasonable skill and care to select competent, independent sub-contractors to provide reasonable transport given local conditions and any other services related to the Course and to exercise reasonable care in selecting such suppliers.
13.4 The Client’s booking is accepted on the understanding that safety standards in the developing world and other countries are not the same as in the UK and facilities such as vehicle safety belts are often not available.
13.5 Accommodation: We take reasonable care to provide interesting and safe accommodation; however, the Client’s booking is accepted on the Client’s acceptance that safety standards in the developing world and other countries are not the same as in the UK and facilities such as fire escapes are often not available, as they are not required by the local standard.
13.6 The Company does not accept liability for compensation should there be no fault on the part of the Company or its suppliers and the reason for the improper performance of the course arrangements was either the Client’s fault, the actions of someone unconnected with the course arrangements or could not have been foreseen or avoided by the Company 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 course arrangements booked with the Company, the same conditions shall apply.

14 LIMITATIONS OF LIABILITY
14.1 Our responsibility does not start until you meet the group at the designated start point overseas; usually the airport in the city at the start of the trip. We are not responsible for any additional expenses incurred by you in getting to the meeting point.

15 TRAVEL INSURANCE
14.1 The Client will effect and maintain sufficient and appropriate cancellation, curtailment, medical expenses and third-party liability insurance in respect of the Client and dependent relatives, and insurance to cover loss of, damage to or theft of the Client’s baggage, no later than the date on which the balance payment is due. The course is a journey of a hazardous nature and the Client must be satisfied that such insurance fully covers all personal requirements including medical expenses, repatriation, helicopter rescue and air ambulance in the event of accident or illness.
15.2 The insurance policy and the receipt of premiums paid there under will be produced to the Company prior to departure and to the course guide on day one of the course. If you join the course without adequate insurance you may not be allowed to continue, with no right to refund. If circumstances give rise to a claim the Client will forthwith pursue his remedies under such policy/(ies).
15.3 The Client will also produce to the Company prior to departure the details of the name, address and telephone numbers of their next of kin or persons to be notified in the event of an emergency.
15.4 The insurance cover should extend for the planned duration of the course and at least an additional day.

16 ACCEPTANCES OF RISK
16.1 The Client acknowledges that there is a significant element of personal risk in participating in the course. The Client accepts and consents to the personal risks inherent in the implementation of this Contract, and accepts the limitations of the Company’s liability set out herein as being reasonable. The Company reserves the right at any time to require the Client to produce a doctor’s certificate certifying that the Client is fit to participate in the course.

17 RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT.
17.1 In consideration of participating in the Course/Activity, the Client represents that they understand the nature of this Course/Activity and that they are in good health and in proper physical condition to participate in such a Course/Activity. The Client acknowledge that if I believe event conditions are unsafe they will immediately discontinue participation in the Course/Activity.
17.2 The Client fully understands that this Course/Activity involves risk of serious injury, which may be caused by their own actions or inactions, those of others participating, the conditions in which the event takes place, or the negligence of the “Release’s” named below; and that there may be other risks either not known or not readily foreseeable at this time and they fully accept and assume all such risks and all responsibility for losses, costs and damages they incur as a result of their participation in the Course/Activity.
17.3 The Client hereby release, discharge and covenant not to sue Marine Xped (part of Westcountry Access Ltd), its respective administrators, directors, agents, officers, volunteers and employees, other participants, any sponsors, advertisers, (each considered one of the “RELEASEES’ herein) from all liability, claims, demands, losses or damages on their account caused or alleged to be caused in whole or in part by the negligence of the “release’s” or otherwise, including negligent rescue operations and they further agree that if, despite this release, waiver of liability and assumption of risk they, or anyone on their behalf, makes a claim against any of the Release’s they will indemnify, save and hold harmless each of the Release’s from any loss, liability, damage or cost, if any, which may incur as the result of such claim.
17.4 The Client has read this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT and understands that they have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect.

18 COMPANY COURSE LEADERS
18.1 The Company will appoint the Course Leader(s) who will represent the Company. The identity of the Course Leader(s) shall be communicated to the Client orally forthwith upon the first meeting of the commencement of the Course, and that by continuing on the Course, the Company and the Course Leader(s) shall be free to assume that the Client is fully aware of the Course Leader(s) identity and shall accept all instructions given and requests made by the same which in the Course Leader(s)’ sole and absolute discretion are necessary or appropriate in pursuance of the Course. The Client agrees to accept the decisions of the Course Leader who shall have absolute discretion and authority to secure implementation of the Company’s obligations under the Contract.
18.2 If your physical condition or behaviour is such as to affect the well-being of yourself or other members of the group, and/or if you are being obstinate or in any way, in a Course Leader’s sole and absolute opinion, affecting or potentially affecting another Client’s enjoyment of the course, you may be asked to leave the course without any right to refund.

19 COMPLIANCES WITH LEGISLATION
19.1 The Client will comply at their expense and their liability with all legislation, visa requirements and immigration, customs and foreign exchange regulations of the countries visited. Should there be any failure to comply or any contravention by the Client of such laws, requirements or regulations, subject to the provisions of these Terms and Conditions, the Company shall have the right to require the Client to leave the course without recourse to refund or other compensation.

20 COMPLAINTS
20.1 We will always endeavour to resolve a complaint as it arises. In order to do this, we need to be made aware of the complaint. The Client agrees to the following procedure:
20.2 The Client will ensure at the earliest opportunity any perceived failure in the performance, or improper performance in the Contract, whether by the Company or its suppliers, is communicated to the Company’s Course Guide. The Company and the Client will then make prompt efforts to resolve the complaint.
20.3 The Client agrees to give written details of any unresolved serious complaint to the Course guide.
20.4 In the event that the complaint remains unresolved then the client agrees to set out their complaint in writing to the Company within 7 days of completion of the course.
20.5 The Client agrees that these provisions are reasonable and that any failure by the Client to comply with them will, at the Companies discretion, exclude any rights arising out of the Contract.

21 GENERAL CONDITIONS
21.1 No person, save with the express permission in writing of a Director of Marine Xped (part of Westcountry Access Ltd), has the authority or is empowered to waive or vary any of the Contract.
21.2 The Client acknowledges that prior to Contract they have been given general information on passport and visa requirements for the course and of the health formalities required, and knows of no reason that would cause the client to be unable to comply with these requirements.
21.3 The invalidity, illegality or unenforceability of any clause within these terms and conditions shall not affect the continuation in force of the remainder of these terms.
21.4 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.

 

EXPEDITIONS TERMS & CONDITIONS

1 PARTIES
1.1 Your contract is with Marine Xped (part of Westcountry Access Ltd), whose registration number is 5466237 and registered office is at The Anvil, Chard Junction, Chard, Somerset, TA20 4QJ. Marine Xped (part of Westcountry Access Ltd) are hereinafter referred to as ‘the Company’ or ‘we’ in respect of these Terms and Conditions, which apply to all of the tours in our brochure and on our website.
1.2 The Client or ‘you’ – The person whose details appear and who submits this booking form. You confirm that you have authority to sign on behalf of all other people within your group, for whom you will be responsible for in accordance with these Terms and Conditions.

2 THE CONTRACT
2.1 The Contract comprises: a) These Terms and Conditions, b) The specific itinerary for the tour on which you have booked, 3) the application booking form, all of which are hereby incorporated into and shall constitute the entire contract made between the Company and the Client. Where there is a discrepancy, these Terms and Conditions will prevail.

3 THE BOOKING FORM AND DEPOSIT
3.1 To make a booking for an escorted tour with the Company the Client must complete an online booking form and submit a deposit of £400.00 or 20% of the tour cost per person, whichever is specified by the Company.
3.2 The Contract between the Company and the Client will come to effect and be binding on both parties with effect from the date that notification of the acceptance of the deposit has been sent by the Company to the Client.
3.3 We reserve the right for whatsoever reason to return the deposit to you and refuse acceptance of your application for booking at any time, including after the commencement of the tour, subject to as otherwise expressly provided within these Terms and Conditions.

4 BALANCES OF PAYMENT
4.1 The Client will pay the balance of the tour price and any visa cost (where applicable) no less than 90 days before the Departure Date. If the booking is made less than 90 days before the relevant Departure Date the Client must pay the tour price in full on booking.
4.2 In the case of international payments the Client will ensure that the full GBP Sterling amount is received by the Company after all bank charges and any interest rate fluctuations have been levied.
5 FAILURES TO PAY THE BALANCE OF PAYMENT WHEN DUE
5.1 If the balance of the monies due from the Client to the Company is not paid 90 days prior to departure, we will treat the Contract as cancelled by the Client and retain the deposit.

6 DATES OF DEPARTURE
6.1 The Date of Departure is the date of commencement of the tour

7 PASSPORTS, VISAS AND HEALTH MATTERS
7.1 Medical vaccinations, passports, visas etc. are entirely your responsibility and must be arranged prior to departure. We take no responsibility for cancellation of your trip in the event that you are not allowed to fly, or continue your tour. If you are unable to travel due to not being able to obtain (or not having) the appropriate visa we reserve the right to retain the cost of the trip.
7.2 You must ensure you are medically fit to travel and participate in the tour. We accept no responsibility for any losses you incur or any element of the tour 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 activity/(ies) to determine whether you are able to participate and that you are at the required fitness level to undertake the tour.

8 CANCELLATIONS BY THE CLIENT
8.1 The Client acknowledges that payment for the tour is a fundamental part of the tour’s income and contributes to the overall cost of equipment, running costs, staffing, administration etc., and that the Company will have incurred the largest part of its costs before the actual Date of Departure. Cancellation by the Client must be in writing.
8.2 Deposits are non-refundable. If you cancel your booking, cancellation charges will be imposed as shown below
8.2.1 90 days or more prior to departure – loss of deposit
8.2.2 89-60 days before departure – 30% of tour cost
8.2.3 60-35 days before departure – 60% of tour cost
8.2.4 Less than 35 days – 100% of tour cost
8.2.5 All cancellations must be in writing and be made by the person who submitted the booking form.
8.3 After the Departure Date, no refund for any unused portion or part of the tour or services to be provided will be given. If the Client of their own volition makes any alteration to or departs from, any portion of part of the tour, such alteration or departure will be entirely at the Client’s expense and liability and the Client will forthwith communicate in writing the reason for leaving to the tour guide.

9 CANCELLATIONS BY THE COMPANY
9.1 The Company reserves the right to cancel the Client’s tour, however, the Company will normally not do so unless forced to do so by virtue of unforeseen circumstances such as flight cancellations, civil or political unrest or ‘force majeure’ or on group tours where minimum numbers have not been reached, or other matters it could not foresee or prevent.
9.2 In the event of cancellation caused by unforeseen or uncontrollable circumstances such as flight cancellations, civil or political unrest, ‘force majeure’, or human or manmade disaster, the Company will endeavour to reimburse any monies that it can retrieve from its suppliers.
9.3 In the event of cancellation 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 45 days prior to departure that the minimum numbers have not enrolled and the tour is cancelled, in which case we will offer you an alternative tour of an equivalent or lesser price. If this is not acceptable, the payments made to the Company in respect of the tour shall be reimbursed. The Client may upgrade to a more expensive tour if available, subject to the Client paying the difference in price.
9.4 In the event of any cancellation, the Company will not accept liability for any consequential expenses that the Client may incur as a result of cancellation or for any other loss or damage howsoever caused arising out of cancellation. In all cases it is up to the Client to have suitable insurance to cover any additional losses not covered by the Company’s policy of reimbursement due to cancellation and to have booked flights that are sufficiently flexible to accommodate change/cancellation.

10 FOREIGN AND COMMONWEALTH OFFICE ADVICE
10.1 The Client acknowledges that they are responsible to make themselves aware through Foreign Office advice, State Department warnings and any other sources available to them in regard to the safety of the countries and areas in which they will be travelling and to make their decisions accordingly.
10.2 Whilst we will do our best to inform clients of relevant changes to the FCO Travel Advice (www.fco.gov.uk), it is up to the Client, and not the Company, 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. The Company accepts no liability if the Client a) chooses to cancel a booking because of FCO advice or b) is not adequately insured to travel.

11 SURCHARGES
11.1 The price of your holiday is subject to surcharges on the following items: Government action, currency, fuel for road vehicles and increase in scheduled airfares and hotel charges. Even in these cases, we will absorb an amount equivalent to 2% of the holiday price, excluding insurance premiums and any amendment charges. Only amounts in excess of this 2% will be surcharged. If this means paying more than 10% on the holiday price you will be entitled to cancel your tour within 14 days of the invoice issue date, with a full refund with the exception of any insurance premium paid and your deposit.
11.2 Prices quoted by the Company are subject to change if booking less than 8 weeks prior to departure.

12 TRANSFERS OF BOOKING BY THE CLIENT
12.1 If prior to 90 days before departure, the Client wishes to transfer from the tour they have booked to another available one, a transfer fee of £50 is payable and any additional costs incurred by the Company in respect of that change. The Company will consider discretionary waiving of the transfer fee if the transfer is to a tour departing no later than the original tour booked.
12.2 Any transfer made by the Client later than 90 days prior to departure will be subject to the Company’s discretion and subject to a £50 administration fee and any additional costs incurred by the Company in respect of that change. If for any reason the Company deems that transfer unfeasible, then conditions relating to cancellation by the Client apply. (See Clause 8)
12.3 Where the Client is prevented from proceeding with the tour, the Client may transfer the booking to a person who satisfies all the conditions applicable to the tour, having first given the Company notice as soon as possible of their intention. The Transferee will sign a new Booking form, and pay the transfer fee as defined in this Clause. The Transferee signing the booking form also agrees to be bound by these Terms and Conditions.
12.4 The Client and the Transferee shall then be jointly and severally liable to the Company for payment of the balance due under Clause 4 above and for any additional costs arising from such transfer.

13 CHANGES BY THE COMPANY
13.1 It is unlikely that the Company will have to make any changes to our published itineraries, but the arrangements are planned many months in advance. 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 tour. It is agreed that a published itinerary constitutes only an indication of what the tour is planned to accomplish and is not to constitute a contractual obligation on the part of the Company.
13.2 The Client agrees that the nature of the tours offered by the Company require a degree of flexibility and that the contents and timings of the tour (including the arrival time at the tour’s destination, changes in route or method of transport) may be materially and consequentially effected as a result of ‘force majeure’, weather, local political conditions, man-made or natural disasters (including landslides, quakes and severe flooding), strikes, 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 and alterations in the schedule, or for expenses incurred as result of any delay or alterations arising from any such circumstances over which we have no control.
13.3 When a major change becomes necessary before the tour departure notification of such alterations will be sent to the client’s last known address (email or postal) as soon as the Company becomes aware. The Company will in its sole and absolute discretion (acting reasonably) decide what constitutes a major change of itinerary, and the Client agrees to accept the same.
13.4 If a major change to an itinerary is necessary prior to commencement of the tour – including a date change – the Client will have the choice of either accepting the change of arrangements, taking another available tour from the Company, or cancelling the tour and receiving a full refund provided that the major change is not due to flight cancellations, civil or political unrest or ‘force majeure’ or any other reason beyond the control of Company, and provided they do so within 21 days of notification.
13.5 The Company reserves the right to alter itineraries after departure, without refund if it is believed by the Company to be in the interest of the Client to do so. If an itinerary has to be changed during a tour, the Company will decide the new itinerary. The Company should in its sole and absolute discretion decide what constitutes a major 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, but no refund or compensation will be payable in respect of any unused hotel accommodation or any other services on a tour.

14 COMPANY AND CLIENT RESPONSIBILITY
14.1 The Client’s booking is accepted on the understanding that they realise the potential risks and hazards that can be involved in tours 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/or suitable medical supplies and support may not always be available and is likely to take a considerable amount of time and use wilderness extraction techniques.
14.2 Mode of Transport: For each tour the Company will use locally arranged transport including jeeps, coaches, trains, buses, river craft or helicopters as shown in the specific tour itinerary.
14.3 The Client agrees that the obligation of the Company to the Client is to use reasonable skill and care to select competent, independent sub-contractors to provide reasonable transport given local conditions and any other services related to the Tour and to exercise reasonable care in selecting such suppliers.
14.4 The Client’s booking is accepted on the understanding that safety standards in the developing world and other countries are not the same as in the UK and facilities such as vehicle safety belts are often not available.
14.5 Accommodation: We take reasonable care to provide interesting and safe accommodation; however, the Client’s booking is accepted on the Client’s acceptance that safety standards in the developing world and other countries are not the same as in the UK and facilities such as fire escapes are often not available, as they are not required by the local standard.
14.6 The Company does not accept liability for compensation should there be no fault on the part of the Company or its suppliers and the reason for the improper performance of the tour 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 the Company 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 tour arrangements booked with the Company, the same conditions shall apply.

15 LIMITATIONS OF LIABILITY
15.1 Our responsibility does not start until you meet the group at the designated start point overseas; usually the airport in the city at the start of the trip. We are not responsible for any additional expenses incurred by you in getting to the meeting point.

16 TRAVEL INSURANCE
16.1 The Client will effect and maintain sufficient and appropriate cancellation, curtailment, medical expenses and third-party liability insurance in respect of the Client and dependent relatives, and insurance to cover loss of, damage to or theft of the Client’s baggage, no later than the date on which the balance payment is due. The tour is a journey of a hazardous nature and the Client must be satisfied that such insurance fully covers all personal requirements including medical expenses, repatriation, helicopter rescue and air ambulance in the event of accident or illness.
16.2 The insurance policy and the receipt of premiums paid there under will be produced to the Company prior to departure and to the tour guide on day one of the tour. If you join the tour without adequate insurance you may not be allowed to continue, with no right to refund. If circumstances give rise to a claim the Client will forthwith pursue his remedies under such policy/(ies).
16.3 The Client will also produce to the Company prior to departure the details of the name, address and telephone numbers of their next of kin or persons to be notified in the event of an emergency.
16.4 The insurance cover should extend for the planned duration of the tour and at least an additional day.

17 ACCEPTANCES OF RISK
17.1 The Client acknowledges that there is a significant element of personal risk in participating in the tour. The Client accepts and consents to the personal risks inherent in the implementation of this Contract, and accepts the limitations of the Company’s liability set out herein as being reasonable. The Company reserves the right at any time to require the Client to produce a doctor’s certificate certifying that the Client is fit to participate in the tour.

18 RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT.
18.1 In consideration of participating in the Tour/Activity, the Client represents that they understand the nature of this Tour/Activity and that they are in good health and in proper physical condition to participate in such a Tour/Activity. The Client acknowledge that if I believe event conditions are unsafe they will immediately discontinue participation in the Tour/Activity.
18.2 The Client fully understands that this Tour/Activity involves risk of serious injury, which may be caused by their own actions or inactions, those of others participating, the conditions in which the event takes place, or the negligence of the “Release’s” named below; and that there may be other risks either not known or not readily foreseeable at this time and they fully accept and assume all such risks and all responsibility for losses, costs and damages they incur as a result of their participation in the Tour/Activity.
18.3 The Client hereby release, discharge and covenant not to sue Marine Xped (part of Westcountry Access Ltd), its respective administrators, directors, agents, officers, volunteers and employees, other participants, any sponsors, advertisers, (each considered one of the “RELEASEES’ herein) from all liability, claims, demands, losses or damages on their account caused or alleged to be caused in whole or in part by the negligence of the “release’s” or otherwise, including negligent rescue operations and they further agree that if, despite this release, waiver of liability and assumption of risk they, or anyone on their behalf, makes a claim against any of the Release’s they will indemnify, save and hold harmless each of the Release’s from any loss, liability, damage or cost, if any, which may incur as the result of such claim.
18.4 The Client has read this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT and understands that they have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect.

19 COMPANY TOUR LEADERS
19.1 The Company will appoint the Tour Leader(s) who will represent the Company. The identity of the Tour Leader(s) shall be communicated to the Client orally forthwith upon the first meeting of the commencement of the Tour, and that by continuing on the Tour, the Company and the Tour Leader(s) shall be free to assume that the Client is fully aware of the Tour Leader(s) identity and shall accept all instructions given and requests made by the same which in the Tour Leader(s)’ sole and absolute discretion are necessary or appropriate in pursuance of the Tour. The Client agrees to accept the decisions of the Tour Leader who shall have absolute discretion and authority to secure implementation of the Company’s obligations under the Contract.
19.2 If your physical condition or behaviour is such as to affect the well-being of yourself or other members of the group, and/or if you are being obstinate or in any way, in a Tour Leader’s sole and absolute opinion, affecting or potentially affecting another Client’s enjoyment of the tour, you may be asked to leave the tour without any right to refund.

20 COMPLIANCES WITH LEGISLATION
20.1 The Client will comply at their expense and their liability with all legislation, visa requirements and immigration, customs and foreign exchange regulations of the countries visited. Should there be any failure to comply or any contravention by the Client of such laws, requirements or regulations, subject to the provisions of these Terms and Conditions, the Company shall have the right to require the Client to leave the tour without recourse to refund or other compensation.

21 COMPLAINTS
21.1 We will always endeavour to resolve a complaint as it arises. In order to do this, we need to be made aware of the complaint. The Client agrees to the following procedure:
21.2 The Client will ensure at the earliest opportunity any perceived failure in the performance, or improper performance in the Contract, whether by the Company or its suppliers, is communicated to the Company’s Tour Guide. The Company and the Client will then make prompt efforts to resolve the complaint.
21.3 The Client agrees to give written details of any unresolved serious complaint to the Tour guide.
21.4 In the event that the complaint remains unresolved then the client agrees to set out their complaint in writing to the Company within 7 days of completion of the tour.
21.5 The Client agrees that these provisions are reasonable and that any failure by the Client to comply with them will, at the Companies discretion, exclude any rights arising out of the Contract.

22 GENERAL CONDITIONS
22.1 No person, save with the express permission in writing of a Director of Marine Xped (part of Westcountry Access Ltd), has the authority or is empowered to waive or vary any of the Contract.
22.2 The Client acknowledges that prior to Contract they have been given general information on passport and visa requirements for the tour and of the health formalities required, and knows of no reason that would cause the client to be unable to comply with these requirements.
22.3 The invalidity, illegality or unenforceability of any clause within these terms and conditions shall not affect the continuation in force of the remainder of these terms.
22.4 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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