terms + conditions
These Terms and Conditions (the “Terms”) apply to any product or services (the “Services”) you have booked with or purchased from The Escapology Collective (“The Collective”). Please read these Terms carefully as by booking any Service or traveling with The Collective, you (the “Client”) acknowledge that you:
i) have read and understand these Terms, and
ii) indicate your express acceptance of and agree to be bound by these Terms. This includes where a third party has booked on your behalf.
1. The Contract
A booking is confirmed and these Terms shall apply when The Collective, or an authorized agent acting on The Collective’s behalf, have received the applicable monies from the Client and the Client has received written confirmation from The Collective of such booking. The Client confirming the booking agrees to provide full, complete and accurate information as requested by The Collective to confirm such booking. Any Client confirming a booking on any Services with more than one Client named and booked on such booking represents and warrants to The Collective that:
i) they have all requisite consents and authority to make such booking on behalf of all other Clients named on the booking, and have communicated all necessary information to the other Clients in order for them to give free and fully informed authorization to do so;
ii) the information that they are providing regarding all clients is complete and accurate, and they have obtained all necessary consents and permissions to share such information with The Collective for the purposes of completing the booking; and
iii) they will inform all other named Clients on the relevant booking of the applicability of these Terms to the booking and the Clients’ relationship with The Collective.
At any time before a booking is confirmed, The Collective reserves the right to increase or decrease listed prices of any Services. The Collective reserves the right to decline any booking, in their sole discretion.
i) Clients should refer to the note sent by The Collective upon completion of the reservation form regarding final payment for any Services booked. Payment of the balance of the price for any Service is due within 48 hours of receipt of the reservation form. If full payment is not received by such due date, The Collective may change the rate payable for the Service, or may treat the booking of such Service as cancelled.
ii) The Collective is not responsible for any charges levied or charged by third parties and/or financial institutions and payable by the Client as a result of credit card or other payment transactions in connection with the purchase of Services and will not refund or return any fees charged by such third parties in connection with payments made by Clients to The Collective.
3. Client Details
As a condition to valid confirmation of any booking with The Collective, the Client must provide all necessary information as requested by The Collective. If the Client fails to provide such information at least 30 days before the departure of the purchased Service, an Administrative Fee will be charged to the Client, and The Collective serves the right to treat such booking as cancelled and levy any cancellation fees deemed reasonable by The Collective, in its sole discretion. The information required from each Client will vary by Service purchased, and the requirements will be communicated to the Clients during the booking process.
4. Cancellation by the Client
Any cancellation of a booking and/or a Service by a Client must be delivered to The Collective in writing and be acknowledged by The Collective in writing. Deposits are Non-refundable. For the purposes of Services provided by The Collective, the deposit is 20% of the Service fee plus any additional non-refundable costs which The Collective has incurred as a result of the booking.
The Collective is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the cancelled booking such as visas, vaccinations, non-refundable flights or rail, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc.
5. Cancellation by The Collective
The Collective will endeavour to not cancel a booking on any Service once confirmed, in accordance with these Terms, except for reasons of ‘Force Majeure’, which shall be defined as unusual or unforeseen circumstances outside of the reasonable control of The Collective. When a Service is cancelled by The Collective before the agreed date of departure for reasons not arising from the fault or negligence of or within the reasonable control of the Client, the Client shall have the choice of:
(i) accepting from The Collective a substitute Service of equivalent or superior value, where such substitute is reasonably available and can reasonably be offered to the Client by The Collective;
(ii) accepting from The Collective a substitute Service of lower value if no Service of equivalent or superior value is reasonably available, and to recover from The Collective the difference in price between the price of the tour originally purchased and that of the substitute Service; or
(iii) accept from The Collective a refund of monies paid for the cancelled tour Service, excluding admin/booking fee paid at time of booking.
The Collective is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the cancelled booking such as visas, vaccinations, non-refundable flights or rail, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. The Collective reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where, after departure, a significant element of the Service(s) as described cannot be provided, The Collective will make suitable alternative arrangements for the continuation of the trip Service(s). If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, The Collective will provide the Client a refund of unused Services or Service portions.
6. Unused Services
The Collective shall not offer or pay any discounts or refunds for missed or unused services which were missed or unused by the Client due to no fault of The Collective, which shall include any termination of the Client’s participation in the Service due to the Client’s tardiness, own fault, negligence or breach of these Terms.
7. Prices, Surcharges and Taxes
Due to the nature of travel and the prices of the resources on which it depends, the published price of any Service is subject to change at any time, before or after booking confirmation. The Collective reserves the right to impose surcharges on any Services(s), but only for reasons arising from increases in transportation costs, fuel costs, dues, taxes or fees chargeable for Services such as landing taxes or embarkation or disembarkation fees at ports and airport charges, local operator costs, currency and exchange fluctuations, increases in taxes, or government action which impacts the price of the applicable Service(s). The Collective shall provide notice to the affected Client as soon as reasonably possible upon learning of the necessity to impose a surcharge in accordance with this section.
The Client acknowledges by booking a Service that while The Collective will endeavour to keep to the agreed schedule, there is no guarantee and/or agreeing to travel with The Collective that the nature of this type of travel requires considerable flexibility and acknowledges that they will permit reasonable alterations to the Service and/or itinerary by The Collective. The Client acknowledges their understanding that the route, schedules, itineraries, amenities and mode of transport may be subject to change without prior notice due to circumstances or events, which may include sickness or mechanical breakdown, incidents in the location where the Service will be operated, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances which are beyond the reasonable control of The Collective.
9. Acceptance of Risk
The Client acknowledges that the nature of Service may involve a significant amount of risk to Clients’ health and/or safety. The Client hereby assumes all such risk and does hereby release The Collective from all claims and causes of action arising from any damages or injuries or death resulting from these risks inherent in travel, visiting foreign destinations, and participating in adventurous activities such as those included in Service itineraries. This also includes any off-itinerary activities that the Client may choose to engage in during their own time, or as an additional activity whilst on tour as an addition to the primary Service.
Accommodation, transportation, activities and excursions, and other components of The Collective’s Services will be arranged by The Collective with suppliers local to the region where the Service operates, who may themselves engage the services of local operators and/or sub-contractors. Standards of hygiene, accommodation and transport in some countries where Service tours take place are often lower than comparable standards than what the Client may reasonably expect in their home country or region. The Collective at all times endeavours to appoint reputable and competent local suppliers and to comply with all applicable laws and regulations concerning health and safety in the regions where Service tours operate. The terms and conditions of all suppliers of Service components will be applicable to the Service component provided by such supplier and are expressly incorporated into these Terms. These may limit or exclude liability of the supplier. The liability of The Collective will not exceed that of any supplier of any Service component. The components that make up each Service tour shall be regarded as having been satisfactorily performed and delivered solely in reference to the regulations and laws concerning health and safety in the applicable jurisdiction where such component is operated.
10. Authority & Client Responsibility
At all times the decision of The Collective Host or other designated representative will be final on all matters regarding safety and well-being of Clients and operational requirements of the Service. By traveling with The Collective, the Client agrees to abide by the authority of the Host or designated representative. The Client must at all times strictly comply with all applicable laws and regulations of all countries and regions visited on the applicable Service. If the Client is affected by any condition, medical or otherwise, that might affect Client’s ability to travel or participate in adventure travel activities, Client’s enjoyment of the Service being booked, the ability to travel or enjoyment of any other Clients on the Service, or the treatment to be administered to the Client in any emergency situation, the Client must advise The Collective at the time of booking.
Should the Client fail to comply with the above or commit any illegal act during the Service or, if in the opinion of the Host and/or the designated representative and/or any other Client, the Client’s behaviour is causing or is likely to cause danger, distress or material annoyance to others, The Collective may terminate that Client’s travel arrangements on any Service immediately without any liability on The Collective’s part and the Client will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements, including, without limitation, return travel, accommodations, meals, and/or incidentals.
Clients agree that they are responsible for any costs incurred by The Collective, The Collective’s suppliers or The Collective’s partners, as a result of damage, destruction, theft, or excess cleaning fees related to Client’s accommodation, transport, or other use of facilities during the Service. Clients agree to immediately report any pre-existing damage of this kind to staff of the accommodation, transportation service, or facility (as appropriate) and/or a The Collective’s representative as soon as possible upon discovery by the Client.
Client agrees to take all prudent measures in relation to their own safety during any Service, including, but not limited to, the proper use of safety devices such as seatbelts, harnesses, and helmets, and obeying all posted signs and warnings in relation to Client health and safety. The Collective shall not be liable for any failure on the Client’s part to comply with this paragraph.
11. Travel Documents
(a) Valid Passport: The Client is entirely responsible for securing and must be in possession at all times during a Service of a valid passport required for entry, departure and travel to each country or region visited or travelled through throughout the itinerary of the applicable Service, and for re-entry to the Client’s country of residence or departure (passport must be valid six months past the last date of travel with The Collective), as well as all visas, permits and certificates including vaccination certificates and insurance policies, required for entry into all regions and participation in all parts of the Service itinerary. The Client accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the Service, and is solely responsible for any adverse consequences resulting from missing or defective documentation. The Client should notify The Collective in all instances if they have been refused carriage by an airline in the past.
12. Force Majeure
The Collective shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for The Collective’s failure to commence, perform and/or complete any duty owed to the Client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labour difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of The Collective; or an event which The Collective or the supplier of services, even with all due care, could not foresee.
Client acknowledges that it is strongly recommended that all Clients obtain travel insurance with a minimum medical, evacuation and repatriation coverage of US$200,000 covering all applicable dates of any travel with The Collective and this insurance should cover personal injury and emergency medical expenses. The Collective shall have no liability for loss, theft of or damage to baggage or personal effects of Clients while participating in a Service. Clients should not leave personal belongings unattended in any public areas, on board any mode of transportation, or elsewhere, and are responsible at all times for their own effects and belongings. The Collective cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by The Collective such as hotels, homestays, vessels, expedition vehicles, or any other mode of transportation. Client acknowledges that the cost of the Service does not include any insurance coverage for such Client, and that the Client is required to obtain separate coverage at an additional cost to the Service price. When obtaining travel insurance the Client must ensure the insurer is aware of the type of travel to be undertaken so that the insurer may properly cover travel on the applicable Service. It is the Client’s responsibility to ensure they have obtained sufficient additional insurance if they have any health issues.
14. Claims and Complaints
Client agrees to bring any complaints regarding a Service to The Collective as soon as possible in order to provide The Collective with the opportunity to address such complaint properly. Client agrees to inform the Host at the earliest opportunity. The Collective assumes no liability for complaints that are not properly brought to the attention of The Collective with sufficient notice for The Collective to resolve or attempt to resolve any Client complaints. Any complaint made after the completion of a Service must be received in writing by The Collective directly at firstname.lastname@example.org within 5 days of the end of the tour. Client acknowledges and agrees that The Collective will not accept any liability for claims received after this period.
Extras (which for the purposes of this section mean any activity, transportation, meal, or any other Service or product not expressly included in the Service description/itinerary, or in the price of the Service) do not form part of the Service. Client agrees that any assistance given by The Collective Host or other The Collective representative in arranging, selecting, or booking any Extras is purely at the request of the Client, and The Collective makes no warranties regarding such information and expressly disclaims any liability whatsoever arising from any Extras or participation thereon by any Client, or any information provided by any The Collective representative or representative regarding any Extras. Accordingly, the Client hereby releases The Collective from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to Extras.
The Collective is not responsible for any damages, expenses, losses, or claims which are attributable to the fault of any Client, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services that form any part of the Service(s), or a force majeure event (as herein defined).
The Client must communicate at the earliest opportunity, in writing, to The Collective any such failure that the client alleges has occurred. In the event that any loss, death, injury or illness is caused by the negligent acts and/or omissions of The Collective or of the third-party suppliers of any services which form part of the Contract, then The Collective limits its liability and any liability The Collective may incur for the negligent acts and/or omissions of its suppliers shall be limited to a maximum of the price which the Client paid for the Service, not including insurance premiums and administration charges. The Collective will not at any time be liable for any loss of or damage to valuables of any nature. The Client agrees that they shall be precluded from making a double recovery by making the same claims and seeking recovery against The Collective and its suppliers, contractors or other third parties.
Hotels, shuttle services or other constituent elements of a Service will be arranged by The Collective with suppliers local to the regions in which the Service operates, who may themselves engage the services of other local operators and/or sub-contractors. The Collective will at all times endeavour to appoint reputable and competent local suppliers. The terms and conditions of the suppliers will be applicable and are expressly incorporated into these Terms, and the Client assents to those terms and conditions and the limitations and obligations contained therein. These may limit or exclude liability of the supplier. The liability of The Collective will not exceed that of any supplier. All suppliers will be selected and assessed by The Collective in reference to local laws and regulations in the relevant country of operation. Neither The Collective nor any carrier is liable for the acts or omissions of any independent contractors.
18. Images and Marketing
The Client agrees that while participating in any of The Collective Services’, images, photos or videos may be taken by other Clients and/or The Collective representatives or The Collective Host that may contain or feature the Client in part or in whole. The Client acknowledges that they consent to any such pictures being taken and agree that Client hereby grants a perpetual, royalty-free, worldwide, irrevocable license to The Collective, its affiliates and assigns, to reproduce for any purpose whatsoever (including marketing and promotions), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to the Client or compensation payable to such Client.
19. Refusal of Service
The Collective retains the right to refuse service to any Client at any time, for any lawful reason whatsoever, in its sole discretion.
The Collective serves the right to update and/or alter these Terms at any time, and shall post the amended Terms on The Collective’s website (www.theescapologycollective.com). Any such amendment shall take effect immediately. Clients shall be deemed to have accepted any amendments to these Terms immediately once posted on The Collective’s website. The Collective recommends that all Clients refer to the Terms prior to their travel to familiarise themselves with the most up-to-date version hereof.
Date: 30 March 2018
The Collective is dedicated to bringing you affordable, multicultural excursions where you can connect with like-minded people to explore, experience, relax and Escape without Apology.