An “expedition” is defined as any trip organised by the company either in Ireland or outside of Ireland and includes overnight accommodation for more than two nights.
A “course” is defined as a course delivered either in Ireland or outside of Ireland on which participants receive instruction in any area of mountaineering or trekking skills.
A “trek” is any walk or climb organised by the Company in Ireland or outside of Ireland and includes overnight accommodation for less than two nights.
An “extension” is any short tour that is so described on the website or in the brochure, which is priced separately and is bought as an optional add-on to an expedition. An extension may only be bought by you if a booking for an expedition to which it can be attached, exists in your name.
“Trip” is used interchangeably within these booking conditions with the terms “expedition”, “course” or ‘trek”.
2. All bookings are made with Pat Falvey Irish and Worldwide Adventures Limited, Registered Company Number 421085 (hereinafter referred to as the Company) whose registered office is The Mountain Lodge, Beaufort, Killarney, Co Kerry.
3. To book a place on a trip complete the Booking Form (either on-line using the Company’s website or by paper) and send it (either by internet from the Company’s website or by post) to the Company with your deposit. A deposit of EUR 500.00 per person is required for all trips unless otherwise stated. By booking a place on a trip you are confirming your acceptance of the Company’s Participation Agreement and these Booking Conditions.
4. Deposits are non-refundable. You are advised to take out travel insurance when you book. This may allow you to recover deposit and prior payments (usually less an excess) if you must cancel and the circumstances of your cancellation are covered by the insurance contract.
5. The contract between you and the Company will come into existence once the company has sent you a letter or email confirming your booking. The contract will continue until the trip, along with any booked extension, has ended but such expiry shall not affect accrued rights and liabilities of the parties nor any continuing obligations.
6. Once your booking has been confirmed, you must promptly submit, via the website or by post, a previous experience questionnaire. After reviewing this, the Company may advise you to transfer to another trip, or to cancel your booking. If you are so advised, you must transfer or cancel, as advised, but you may do so without penalty as long as the date your completed form is received is within one month of the date you booked and no later than the date on which your final balance for the trip is due. If the Company receives your form outside of these dates, no matter when you booked, the normal cancellation and transfer conditions will apply and you will be liable for the appropriate charges.
7. Extensions to expedition itineraries and course programmes can be purchased separately. The arrangements for an extension are made on an individual basis once it is booked. Extensions are subject to a separate deposit. Confirmation of receipt by the Company of your extension deposit will not be confirmation of your extension as it will not be possible at that time for the Company to confirm that the booked extension will be available or that it will be identical to that shown in the marketing material. The Company will confirm all the arrangements to you before you pay your final balance (which will be due at the same time as the final balance for the expedition or course to which it is an extension).
8. It is your responsibility to ensure that you have a valid passport and meet any visa requirements for the destination country. The Company cannot provide any advice in this regard.
MEDICAL AND WELFARE
9. Trekking and climbing are strenuous and sometimes dangerous activities, which require a degree of physical fitness and good health. It is up to you to satisfy yourself that you have the requisite degree of fitness and that there are no underlying health issues which would preclude your participation. The Company cannot give any medical advice in this regard, and if you are in any way uncertain about your health and fitness it is incumbent on you to seek the necessary reassurances from your doctor. If a health issue arises between booking and the departure date it is your responsibility to ensure your continuing fitness to participate.
10. The Company may, at it’s discretion, require you to obtain confirmation from a medical professional that you are fit to travel and participate in the trip. If the Company reasonably believes that you are not sufficiently fit to take part in the trip, the Company may decline or cancel the booking at any time at their complete discretion.
11. If your circumstances change after booking a trip and you require to cancel then the cancellation terms as set out in condition ???? apply. In this regard we advise that you take out comprehensive travel insurance at the time of booking.
12. It is your responsibility, taking any medical advice you deem necessary, to ensue that you are adequately covered by travel vaccinations and malaria prophylaxis. The Company cannot advise you on these matters and you should seek medical advice in plenty of time before departure.
YOUR FINANCIAL PROTECTION
13. Pat Falvey Irish and Worldwide Adventures limited is bonded and fully licensed by the Irish Commission for Aviation Regulation, TA0791. Full details of this protection can be obtained from their website, www.aviationreg.ie.
14. All flights booked by the Company for you will be subject to the conditions of the carrying airline and E.U. and International aviation law.
15. The Company accepts no liability for the consequences of delays, cancellations, change of routing, change of departure or arrival airport or for any other changes to your flight schedule, whatever they may be or howsoever caused (though you may be entitled to make a claim against the airline in question).
16. When planning expeditions, the Company routinely reserves flights from and returning to a specific airport within Ireland on a specified date. The published full cost of each expedition is based on the cost of such a reserved flight, as that cost is known at the time. If you would prefer to fly on a different airline, on a different schedule, at a different ticket class, or from a different airport to that reserved, then you may do so as long as the alternative flight is available, it does not inhibit the in-country schedule for your trip, and that you pay the difference in cost between the flight you prefer and the cost assumed in arriving at the published full cost for your trip. In addition, if the flight reserved is no longer available, when you book, at the price assumed by the Company, then you will be informed of and asked to pay any increase in cost, before your booking is confirmed.
17. The Company may request from you a payment for your international flight, if the airline concerned, or its agent, demands any such payment from the Company in order to reserve or confirm a seat and this is made before you have paid the final balance for your trip. Such a payment will be in addition to any deposit or interim payments as set out in these booking conditions. Such payments for flights will be subject to the terms and cancellation conditions of the airline concerned and may be non-refundable.
18. If you book to join an expedition on a ‘land-only’ basis or a course, the Company cannot and does not accept any responsibility for any of the travel arrangements that you make in order to join the expedition or course. The Company accepts no financial liability that may arise from any enforced change to your travel plans due to any alteration of the expedition or course dates, the itinerary or its cancellation, howsoever caused. You are advised to book transferable, refundable travel tickets with no penalties should a cancellation be necessary.
19. You may pay your deposit and balance by electronic transfer, debit/credit card, cash or cheque. The total amount received by the Company’s bank must be no less than the full amount shown on your invoice and paid in the invoiced denomination into the appropriate account of that same denomination. If sending money by electronic (bank) transfer then you must pay the remitter’s (your) fees and the beneficiaries (the Company’s) fees, such that no charge for the transfer falls to the Company.
20. If payment is made by credit card, a charge will be added to the total amount due to the Company (this applies to all payments including deposits, interim payments, balances and miscellaneous purchases.) This amount is to cover the charges imposed by the credit card payment service provider and is used, in part, to provide consumer protection for goods and services purchased, in accordance with the terms and conditions pertaining to the credit card being used.
21. Final payment must be made within 16 weeks of the Departure Date. This includes payment for any extensions. The company reserves the right to request interim payments at their discretion before the final payment is required.
22. Bookings made after the final balance due date for the trip, may be accepted, at the Company’s discretion, as long as the appropriate deposit is paid and you
make full payment, within 3 working days of your booking having been confirmed.
23. The Company will consider the non-payment of a final balance or interim payment, by its respective date due, an effective notification by you that you wish to cancel your booking. If so, you will forfeit your deposit, and any other sum paid or due in relation to the booking so cancelled, unless the Company decides to maintain your booking and to accept your payment after the due date. If a payment is going to be late, but you do not want your booking to be cancelled, you must contact the Company before the date your payment is due.
24. Prices quoted are based on anticipated costs and exchange rates. The Company will do what it can to mitigate against any rise in the operating costs and strive to keep prices fixed. In the unlikely event that it becomes necessary to amend the price of the trip, the following conditions will apply:
Increases arising directly from transportation costs such as surcharges levied by airlines, the cost of fuel, taxes, duties or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and fluctuation in exchange rates may be passed on and you will be invoiced accordingly;
If increases become necessary, you may cancel your booking without penalty if the increase amounts to more than 10% of the cost of the trip;
You will not be charged for any increase of up to 2% of the price of the trip and in the event that the price of the trip goes down by more than 2% the difference will be repaid to you (though you should note that owing to the way the Company pays for trips, some apparent changes will not impact on the price of the trip; the Company tries to give you the advantage of any predicted benefit in the exchange rate with a competitive price from the outset).
TRANSFERS AND CANCELLATIONS
Cancellation by you
25. Notice of cancellation by you must be given in writing (email is acceptable). Should you cancel, the following scale of charges will apply:
Up to 16 weeks before departure – retention of deposit and flight costs.
After 16 weeks before departure – retention booked and the cancellation charges set out in these conditions will be due.
26. A Trip may be cancelled as a result of an event of Force Majeure, which are unforeseeable events beyond the Company’s control including but not limited to war, riot, industrial dispute, terrorist activity, natural or nuclear disaster, fire, epidemics or health risks, closed or congested airports, ports or stations, changes imposed by re-scheduling or cancellation of transport, adverse weather conditions (whether actual or threatened) avalanche, storm, flood, typhoon, hurricane and technical failure with any form of transport or facility.
27. Team/ course/group sizes described in the brochure or on the website are target sizes and may be increased or decreased at the discretion of the Company. The Company gives no undertaking as to the minimum or maximum size of a team, course or group, but do undertake to ensure that Leaders, Guides, Instructors and support staff are supplied in appropriate numbers to ensure the principle objectives of the expedition or course can be achieved. Similarly, Leaders, Guides, Instructors and support staff named in tour descriptions, anywhere in the literature or on the website, may be changed at any time.
28. The Company reserves the right to cancel any trip with too few people to make it financially viable, or to cancel your participation alone if not to do so would result in a financial penalty. By the same token, the Company will endeavour to ensure that a trip runs if possible. If your booking is likely to be cancelled under such circumstances, the Company undertakes to inform you as
soon as possible.
29. Anyone booked onto a trip which is cancelled by the Company will be entitled to a full refund or entitled to transfer to another trip and no transfer fee will be payable. Should you transfer to another trip any difference in price will be invoiced or credited accordingly.
LEADERSHIP AND PROGRAMME DELIVERY
30. During a trip, every effort will be made to adhere to the published itinerary but with adventurous activities of this type, or by being in the developing world, or by being in mountainous areas, or by visiting regions with limited infrastructure by virtue of their remoteness or otherwise, or with world-wide travel in general, changes to your trip’s itinerary may occur from time to time. Circumstances may arise where the Company is forced to alter dates, trip duration, flight schedules, routes, mountains to be climbed, locations to be visited or hotel accommodation, either during or before a trip has commenced, possibly at short notice. If changes are enforced before the trip begins, the Company will try to inform you of them as soon as possible. If changes occur during the trip, the Leader, Course Director or our local agent will inform you at the time. The Company accepts no liability for, or the consequences of, any such changes howsoever caused.
31. In assessing the conditions expected to be encountered in the mountains or the abilities of the team members, the Leader or the Course Director (or any of our Staff, Guides or Instructors with a responsibility for your wellbeing) may decide to change any aspect of the trip if he or she believes that to continue with the itinerary or activities, or any latterly agreed alternatives, would place anyone at undue risk. Alternatively, he or she may make changes for the simple belief that such changes may be more enjoyable or better suited or beneficial for most of those taking part. The Leader or the Course Director (or any of our Staff, Guides or Instructors with a responsibility for your wellbeing) will review and may alter the programme as the trip
progresses in response to the changing influence of variable factors.
32. The Leader or Course Director (or any of our Staff, Guides or Instructors with a responsibility for your wellbeing) will do his or her utmost to ensure that any problems are solved for the benefit of the majority of those taking part. Agreeing to these terms and conditions, signifies your acceptance of a Leader’s, Course Director’s, Guide’s and/ or Instructor’s authority to make decisions affecting the group or individuals on the trip (s) you are booking. For instance, the Leader, the Course Director, a Guide and/ or an Instructor may require you and/ or others to leave the trip if he or she believes that a person, or a person’s health, is at risk, if an illegal act has been or may be committed, or behaviour may become, or has been, detrimental to the safety, enjoyment
or well-being of the group or of any individual within the group.
33. If you leave a trip once it has started, for whatever reason, you will not be entitled to a refund or to compensation. The Company will not reimburse you for any additional expenses as a a result of you leaving the trip early.
34. Adventure travel, involving travel to remote, mountainous and inhospitable locations carries certain inherent risks. By agreeing to these booking conditions, you acknowledge these risks and your acceptance of these risks.
35. The Company will not be liable where any failure in the performance of the Contract is due to: you; or a third party unconnected with the provision of the trip and where the failure is
unforeseeable or unavoidable; an event listed in clause 26 (Force Majeure) or any other unusual and unforeseeable circumstances beyond the Company’s control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which the Company or its suppliers, even with all due care, could not foresee or forestall.
36. The Company shall not be liable for any illness, injury or loss of life sustained on any trip, except where such illness, injury or loss of life is caused by the negligence of the Company or its employees, nor will the
Company be liable for any uninsured loss of personal property.
37. Subject to the provisions of clauses 35 and 36, the Company’s liability in tort (including negligence), breach of contract or otherwise, shall be limited to three times the price payable for an individual’s participation. The Company’s liability will also be limited in accordance with and/or in an identical manner to any relevant international Convention (for example, the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation) which limit the amount of compensation that you can claim for loss of life, injury, delay to passengers and loss, damage and delay to luggage.
38. Most trips have days in the itinerary that are included to provide flexibility in case of bad weather, or some other untoward event, and thereby increase the chance of the principle objective being achieved and for the trip to be successful. If these days are not needed in order to achieve the aims of the trip and the team/ course /group decides to return (for instance) from the mountains to a valley location earlier than planned, any additional costs incurred and associated with extra
hotel nights, or services that would not otherwise have been provided nor were included in the published itinerary, must be met by each individual concerned at the time.
39. For all trips, you are advised to have insurance that covers you for all of the activities, specifically those deemed to be hazardous, included in the itinerary and for any activities you may undertake if travelling on an extension whether arranged by the Company or independently.
40. For all trips outside Ireland you must have adequate insurance cover for search, helicopter rescue and repatriation in the event of a medical emergency. Your travel insurance provider must agree beforehand to meet the costs of any search, rescue or recovery, for medical reasons, of you to the nearest appropriate medical facility even if prior authorisation from the insurer may not be possible due to the remoteness of the recovery area or because medical expediency demands your recovery before such authorisation could be received.
41. In case of a suspected or confirmed emergency involving you or the group of which you are a member, the Company reserves the right to arrange (or to make arrangements for its or your insurers to arrange) search, rescue and recovery as it deems appropriate and reasonable. You agree to indemnify the Company and keep the Company indemnified from all losses, apportioned appropriately to you, arising from any such search, any such helicopter usage and any resulting repatriation, for medical or non-medical reasons, including legal costs of making a recovery against you.
42. You will be provided with a list of all equipment required to bring on to the trip. You may hire some items of equipment from the Company. The majority you must provide yourself. It is your responsibility to ensure that all equipment is fit for purpose prior to the Departure Date and for the duration of the trip. You are responsible for your equipment and belongings during the trip
and bear the sole responsibility for wear and tear and incidental damage to your equipment. The Company recommend that you take out adequate insurance to cover your own equipment, and any items hired from the Company as you will be liable for its replacement should it be damaged or lost.
43. In the event that you elect to hire any equipment from the Company, you will be required to pay a deposit to the Company in addition to the applicable hire charges.
44. You will be responsible for any hired equipment throughout the trip and in the event that it is not returned to the Company within 10 days of the last day of the trip in good condition (excluding normal wear and tear) the deposit, if paid, shall be forfeited and you agree to indemnify the Company and keep the Company indemnified from all losses arising from damage to the equipment including legal costs of making a recovery against you.
45. The Company may provide some equipment for a trip (such as ropes, avalanche-transceivers, tents and camping equipment) and are responsible for the maintenance of such equipment. Where you deliberately or recklessly cause damage to any such equipment, whether during the trip or during any pre-trip training, you shall indemnify the Company and keep the Company indemnified from all losses arising from any such wilful or reckless damage so caused including legal costs of making a recovery against you.
46. If you have a problem during the trip, please inform the Leader, the Course Director, a Guide and/ or an Instructor immediately who will endeavour to put things right. If your complaint is not resolved locally, please follow this up by writing to the Managing Director at the Company’s registered office giving your trip name, the departure date and all other relevant information and, where possible, evidence. Any such complaint must be received not later than 28 days of the date of your return from the trip. Please keep your letter concise and to the point. This will assist in identifying quickly your concerns and speed up the response to you.
47. If you fail to follow this simple procedure, the Company will have been deprived of the opportunity to investigate and rectify your complaint whilst you are in-country and this may affect your rights under this Contract as you will have failed to have mitigated (minimised) your losses and will be unable to recover compensation for this element subsequently.
48. This contract shall be subject to the law of the Republic of Ireland and the Irish Courts shall have exclusive jurisdiction thereunder.
10th December 2018
By joining us on an expedition, trek, or holiday you are embarking on a fascinating journey to some of the most exciting and spectacular locations in the world. The trip will be an adventure which you will remember for the rest of your life.
By definition an adventure carries certain inherent risks and an element of unpredictability. When something becomes completely safe and predictable with no inherent risk, it ceases to be challenging or to be an adventure. Our trips take you to mountainous and/or remote areas, often in developing countries with little infrastructure. This is what makes the journey so exciting and rewarding. Your safety and enjoyment on the trip is our number one priority, but in these challenging and unpredictable conditions the inherent risks cannot be eliminated completely.
In order to take part in a rewarding and memorable adventure you have to accept the risks involved. The rewards achievement, making your dreams a reality and sharing adventures with new found friends.
Trekking and climbing are strenuous activities, which require an element of physical fitness. The degree of fitness and technical skill required will vary from trip to trip. While we can advise you on the level of fitness required only you can decide if the trip is suitable for you. You need to be satisfied that you are in good health and in good shape to make your adventure safe and enjoyable.
We look forward to facilitating your adventures!