Ardent Adventures Terms and Conditions
TERMS AND CONDITIONS
These Terms and Conditions, together with the information set out in the brochures, preparation information and tour itineraries, form part of your contract with Ardent Adventures Ltd.
Throughout these Terms and Conditions a product refers to a tour or trek described on the ardentoffroad.com website.
- BOOKING YOUR TOUR
(a) Booking can be done:
- On the ardentoffroad.com website
- Calling Ardent Adventures on 01757 638479.
- Emailing Ardent Adventures via firstname.lastname@example.org
Any deposit paid is non-returnable. The amount of deposit required is specified in the description of the product being booked on the ardentoffroad.com website.
The booking is only complete once we have received the deposit and the booking form (either online, PDF or paper) is completed and received by us. Once completed the cancellation policy applies and we will send you a written acknowledgement of the booking and confirmation of the dates and any payment arrangements
If you are booking within eight weeks of departure then the full amount is due at time of booking. We may not be able to give immediate confirmation of your expedition but may need to call you back after contacting our suppliers.
(b) Special Requests
Special requests should be made at the time of booking and specified on the Booking Form. Every endeavour will be made to accommodate special requests, but we cannot guarantee that they will be, nor will Ardent Adventures, be liable if special requests are not met.
(c) Correspondence and other communications
All correspondence will be sent to the first person named on the Booking Form using the first email address supplied on the booking form unless you specify otherwise
(d) Final Payment
The balance of any monies outstanding for a booking is due eight weeks before the departure date.
(e) Prices are for a vehicle with two occupants
A driver and one passenger unless specified in the product description page on the website or on the tour itinerary document. Where a hotel is used a double or twin room will be reserved, depending on your preference made on the booking form and availability at the accommodate used by Ardent Adventures.
- AMENDMENTS AND CANCELLATIONS
(a) Amendments by you.
Ardent Adventures will make every effort to help you if you wish to alter your arrangements. Requests for an amendment must be in writing and either posted to the Ardent Adventures address on the website or sent using the email@example.com email address.
An administration charge of £30 per person is made to amend your Booking once booked, plus any additional costs incurred by the change. Cancellation charges may also apply if changes occur within the designated period. (See table below.)
(b) Cancellation by you.
All cancellations must be advised in writing, signed by the signatory of the Booking Form and sent by post to Ardent Adventures using the address on the website. Cancellations cannot be processed until the written confirmation is received and are effective on the day of receipt by Ardent Adventures.
The following cancellation charges will be payable, depending on the number of days prior to departure when Ardent Adventures received your notice of cancellation.
Days prior to departure date when written advice of cancellation received % of Product Price Payable
- Greater than 57 days Deposit Forfeit
- 56 to 40 days prior 30%*
- 39 to 20 days prior 60%*
- 19 to 14 days prior 90%*
- Less than 14 days 100%
(*) or deposit if greater
(c) Amendments by Ardent Adventures
Great care is taken to ensure that the descriptions, information and prices given in our brochures and any of the supplementary information are accurate at the time of publication.
Changes can occur, though, and Ardent Adventures reserves the right to advise you of a change, including a change of price, before accepting your booking.
After a Booking Confirmation, Ardent Adventures shall make every effort to ensure that the products are operated as advertised. In very rare circumstances, Ardent Adventures may have to modify an event or an expedition before you depart. In this situation you may accept the modification or you may change your booking to another product.
If you choose another product, which is more expensive than the product already booked, you must pay the difference. If you choose another product which is cheaper, you will receive an appropriate refund.
If there is a minor modification before you depart (that is, any change not included in the definition of a significant modification set out above), Ardent Adventures will try to notify you, although it is not obliged to do so, nor is it obliged to pay any compensation.
If Ardent Adventures becomes unable to provide a significant proportion of your expedition after it has commenced, suitable alternative arrangements will be made for you at no extra charge to you or, if this is not possible, you will be returned to your point of departure and given a prorated refund the proportion of the product not received.
This section – Amendments by Ardent Adventures – does not apply in the case of force majeur. Force Majeur means unusual and unforeseeable circumstances beyond Ardent Adventures control, the consequences of which neither Ardent Adventures nor its suppliers or agents could reasonably be expected to avoid, including, but not limited to, war, threat of war, riot, civil strife, terrorist activity (actual or threatened), industrial dispute, technical problems with transport, machinery or equipment, power failure, natural or nuclear disaster, fire, flood, drought, adverse weather conditions and level of water in rivers.
(d) Cancellation by Ardent Adventures.
If you fail to pay the balance of price for your chosen event or expedition at least six weeks before departure Ardent Adventures will treat your booking as cancelled and levy the cancellation charges set out in paragraph 2(b) above.
If Ardent Adventures or any of its authorised representatives is obliged to cancel your expedition in any other circumstances before departure, for example if insufficient numbers book, Ardent Adventures will use its best endeavours to ensure that you are offered alternative arrangements of a comparable standard or will ensure that you are given a full and prompt refund.
‘Insufficient numbers’ is defined as too few bookings being taken to make the product viable in the advertised form.
- RESPONSIBILITIES OF ARDENT ADVENTURES
(a) Ardent Adventures will apply all reasonable checks to ensure that people and equipment involved in the preparation and provision of a product maintain the appropriate standards.
The description, information and opinions given in brochures and supplementary information by Ardent Adventures in respect of the hotels, restaurants and other suppliers whose services are used are given in good faith, based on the latest information available at the time of publication.
Subject to paragraphs (c), (d) and (f) below, Ardent Adventures accepts responsibility if you suffer personal injury, illness or death as a result of an activity which forms parts of the product you book with Ardent Adventures
(b) Subject to paragraphs (c), (d), and (f) below in any case, other than where you suffer personal injury, illness or death, the Event Organiser accepts responsibility if the arrangements which Ardent Adventures has agreed to provide are not as described in the brochures and are not of a reasonable standard (‘a deficiency’).
If there is a deficiency, Ardent Adventures will, in its absolute discretion pay you reasonable compensation taking into account your individual circumstances.
(c) Ardent Adventures acceptance of liability in paragraph (a) and (b) does not apply where there has been no fault on the part of Ardent Adventures or any if its suppliers because the cause of the deficiency or your personal injury, illness or death was your own fault, the action of one of the other expedition members in your party, the action of someone unconnected with the event or expedition booked with Ardent Adventures or one which neither Ardent Adventures or its suppliers could reasonably be expected to anticipate or avoid even exercising all due care.
(d) Notwithstanding any other provisions of this clause, Ardent Adventures liability and/or the amount of compensation payable by Ardent Adventures is limited in accordance with relevant International Conventions as amended.
(e) If you suffer personal injury, illness, death or a deficiency in circumstances where Ardent Adventures has not been negligent Ardent Adventures will nevertheless, where appropriate and with reasonable discretion, afford initial general assistance to you if you are in difficulty and request such assistance within 90 days.
Costs incurred by Ardent Adventures will not exceed £3,000 per Booking Form and such expenditure shall be recovered by Ardent Adventures by way of your personal travel insurance.
Death or personal injury which is suffered due to the negligence of Ardent Adventures is not subject to any limitations or restrictions.
(f) Ardent Adventures acceptance of liability in this clause is conditional upon you assigning to Ardent Adventures all rights you have against any third party in any way responsible for personal injury, illness, death, deficiency or difficulty in question and upon you giving your full cooperation to Ardent Adventures and/or its insurers.
(g) any information or advice provided by Ardent Adventures on matters such as permits, visas, vaccinations, climate, clothing, baggage, special equipment, destinations or money, etc is given in good faith but without responsibility whatsoever on part of Ardent Adventures. The client accepts responsibility for obtaining all the necessary travel information and documentation required for the product.
- YOUR RESPONSIBILITIES
(a) Passports and Visas
Where relevant, general information concerning passport, visa and health requirements will be sent to you with the Booking Form. Please note, however, that such requirements are subject to change and you must check current requirements before departure.
It is your responsibility to obtain all documents required for your expedition. Ardent Adventures cannot be liable if you fail to do so and you will be responsible for meeting any further costs incurred as a result of such failure. No exception will be made from cancellation charges effected as a result of cancellations due to incorrect passport or visa documentation.
(b) Travel insurance
You are responsible for arranging your own travel insurance, which should be a comprehensive policy and cover all risks. If you do not already have your own policy, we will be happy to assist you with obtaining suitable insurance cover. Details of your insurance cover must be detailed on the Booking Form or handed to the tour leaders at the meeting. We will require a photocopy of your insurance. We will not accept Bookings without suitable insurance cover that includes emergency air rescue/medical repatriation.
(c) Travel to and from product departure points
Costs to travel to and from UK departure points and across other countries to departure points is not included as part of our itineraries unless specified.
(d) Currency fluctuations and guide prices
All prices and the detailed itineraries are quoted in Pounds Sterling and include VAT where applicable.
For events taking place outside the UK, for which we may have paid local suppliers in their local currency, the Sterling equivalent will have been based on the current rate of exchange. Prices are rounded to the nearest whole £. Rates of exchange may be subject to considerable fluctuation during the long validity of our programs.
In the event that any such fluctuation causes us to increase any of the quoted prices, we will inform you of such increases at the time of booking.
If any price increases become necessary between the time of booking and final payment then the following will occur:
- If the price increase is 2% or less, we will absorb the increase and there will be no alteration to the price of your expedition.
- If the price increase is more than 2% you will have the right to choose another product (subject to availability) which is at a more acceptable price or to accept a full refund, should you wish to do so.
(e) Authority on tour
By completing the booking form you agree to accept the authority and decisions of our staff, tour leaders, agents or suppliers during the expedition.
We reserve the right to expel people from a tour if they act in a manner which Ardent Adventures staff, tour leaders, agents or suppliers feel threatens the atmosphere and safety of other clients.
(f) Acceptance of risk
Your booking is accepted on the condition that
- you are aware of that the product, in addition to the usual dangers and risk inherent with motor-sport activities, has certain additional dangers and risks including, but not limited to: physical exertion for which you may not be prepared, weather extremes subject to sudden and unexpected change, remoteness from the normal medical services and evacuation difficulties if you are disabled.
- you acknowledge that the enjoyment and excitement of adventure travel is derived in part from the inherent risks associated with travelling and undertaking activities beyond the levels of safety at home or work, and that these inherent risks contribute to such enjoyment and excitement, being a reason for your participation.
- you acknowledge that the nature of this type of activity requires considerable flexibility and you must allow for alternatives. The outline itinerary provided for each expedition is only an indication of what each group may accomplish and does not form a contractual obligation on the part of Ardent Adventures.
- you understand that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without notice due to local circumstances or events, such as sickness, mechanical breakdown, flight/ferry cancellations, strikes, events emanating from political disputes, entry or border difficulties, climate and other unpredictable or unforeseen circumstances. No refunds will be given for services not utilised. Any additional costs such as flights, additional hotel accommodation, ground transportation or shipment, will be your responsibility and must be paid for directly at the time.
Activities associated with some products carry inherent risks and if you are participating in such activities you may be asked to sign an additional form.
- FERRIES AND OTHER SUPPLIERS
(a) Between you and the suppliers of the transport, accommodation and other components making up your event or expedition, the conditions of the Supplier will apply. These conditions may (where relevant) be subject to International Conventions, which may limit, and/or restrict the suppliers’ liability.
(b) Transport timings are provided by the carrier concerned and are subject to such matters as weather conditions, maintenance requirements, the ability of passengers to check in on time. Accordingly, the times of ferries at some locations are estimates only and cannot be guaranteed. Ardent Adventures is not liable for any delay and cannot itself make any special arrangement in the event of a delay.
- IF YOU HAVE A PROBLEM
(a) All of the expeditions are hosted by a staff or employees of Ardent Adventures, who are also trained and/or certificated off road instructors .
(b) If you are unhappy with any aspect of the arrangements while you are on an expedition, you should address your complaint immediately in the first instance to the Ardent Adventures representative and, if appropriate, to the management of the hotel or other supplier whose services are involved, so that Ardent Adventures will have an opportunity to correct the matter during your stay.
(c) Failure to immediately raise the complaint with the Ardent Adventures representative will mean that any rights you may have will be reduced or even extinguished.
(d) If the problem cannot be resolved locally and you wish to complain, full details must be sent to Ardent Adventures in writing by Registered Post to arrive within 30 days of your return from your event or expedition at the address on the ardentoffroad.com website.
This contract and any matters arising from it are governed by the laws of the UK and are subject to the jurisdiction of the Courts of the UK.