1. Your contract is with Madventure Limited, a company registered in England and Wales (Company No. 6809461) whose office is at 10 Ablett Close, Oxford, OX4 1XH, United Kingdom.
2. A deposit of £300 is payable at the time of booking. The deposit is non-refundable unless Madventure is unable to offer you a place or you cancel within 14 days of the initial booking date. Madventure guarantees not to increase the tour price once the deposit has been received.
3. A booking is made in the name of the client and is not transferable to another person. You are only permitted to transfer your deposit once to a future tour, after that a further £300 non-refundable deposit will be required to book another tour. Please note that you will be affected if you have transferred and there is a price increase as you will have to pay the current tour price at the time that the tour balance payment is due.
4. Eight months prior to departure a further payment must be received to cover 50% of the total tour price in order to secure your booking. This payment is non-refundable unless we can not provide the tour. The final 50% balance of your tour payment must then be paid in full at least four months prior to the tour start date at which time the tour will be confirmed to run. Once the tour is confirmed to run you will not receive any refunds of any monies paid. If the full payment is not received 4 months prior to departure Madventure may deem the booking cancelled and all monies paid will be forfeited. If you book within the 4 to 8 month period prior to departure a non-refundable 50% deposit of the total tour price should be paid upon booking. If you book within the 4 month period prior to departure the full non-refundable 100% tour payment must be paid upon booking.
5. Cancellation of a booking must be notified in writing and when received by Madventure any monies paid will be forfeited. You acknowledge that payment for the tour is an intrinsic part of the tour’s income and contributes towards the overall costs of equipment, vehicle running costs, staff administration, travel permits, etc. and Madventure will have incurred a large part of its costs before the actual departure date. You will not receive a refund of any amount after the tour has been confirmed to run (which will usually happen no later than 4 months prior to the tour departing). We therefore recommend you take out your travel insurance from the date you make your final tour balance payment, 4 months prior to departure, so you are insured if you have to withdraw off the tour. If the reason for your cancellation is covered under the terms of your insurance policy you may be able to reclaim these charges but it is your sole responsibility to do so and we accept no liability for any acts or omissions of your insurance company.
6. It is unlikely that we will have to make any changes to your tour, but we do plan all tours many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible date. We also reserve the right in any circ*mstances to cancel your tour. For example, if the minimum number of clients required for a particular tour is not reached, we may have to cancel it. However, we will not cancel your tour less than 4 months before your departure date (except for reasons of Force Majeure). If we are unable to provide the tour for any reason you can either have a full refund of all monies paid within 14 working days of the tour being cancelled or accept an offer of an alternative tour of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value). In the event of the tour being cancelled prior to departure, all monies paid by you towards the tour cost only will be refunded. In the event of a cancellation Madventure is not responsible for reimbursing equipment, flights, visa costs, vaccinations, medication, etc. purchased by yourself so we therefore recommend you have suitable travel insurance to ensure these types of expenses are covered under the terms of your insurance policy as you may be able to reclaim these charges but it is your sole responsibility to do so and we accept no liability for any acts or omissions of your insurance company.
7. In the unlikely event of a Force Majeure situation that forces us to cancel the tour within 4 months of the planned departure date because of unusual or unforeseeable circ*mstances beyond our control, you can either have a full refund of all monies paid within 14 working days of the tour being cancelled or accept an offer of an alternative tour of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value). In the unlikely event of a Force Majeure situation that forces us to cancel or change the tour while it is underway because of unusual or unforeseeable circ*mstances beyond our control we will not refund you or pay you compensation, so we therefore recommend you have suitable travel insurance as if the reason for the tour cancellation while underway is covered under the terms of your insurance policy you may be able to reclaim these charges but it is your sole responsibility to do so and we accept no liability for any acts or omissions of your insurance company. Force Majeure situations can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, epidemics, pandemics, health risks, closed or congested airports, ports or stations, poor local infrastructure, changes imposed by rescheduling or cancellation of transport by the transport supplier such as flights by airlines or main charterer, the alteration of transport or transport types, adverse weather conditions (actual or threatened), avalanche and technical failure with transport, Foreign & Commonwealth Office advice changing and advising against travel to the tour destination.
8. If you choose to leave the tour for any reason on your own accord once the tour is underway you will not receive any compensation from Madventure including any refunds of the tour payment and/or the local payment. We therefore recommend you have suitable travel insurance as if the reason for your departure is covered under the terms of your insurance policy you may be able to reclaim these charges but it is your sole responsibility to do so and we accept no liability for any acts or omissions of your insurance company.
9. We reserve the right at any time prior to the departure date, without prior consultation with yourself, to merge your tour with one or more other tours travelling at the same time. This will not constitute a major change and would usually just mean swapping vehicles.
10. The tour payment and local payment cover transport, accommodation, some related ferry and train tickets, meals and national park entry fees as specified on the website, repair of our expedition vehicle as well as repair and replacement of camping equipment including stools, cooking equipment & utensils.
11. The tour leader has sole responsibility for the local payment. Any local payment monies or stock remaining at the tour end are non-refundable.
12. You undertake to comply with the laws and regulations, whether in respect of health, immigration, currency exchange control, dress or any other matter of all the countries visited during the tour.
13. You undertake to obtain a valid passport and have enough blank pages in the passport for the tour and your specific passport and visa requirements. Immigration requirements are your responsibility and you should confirm these with the relevant embassies and/or consulates. We do not accept any responsibility and shall not be liable if you cannot travel or cannot participate in any part of the tour because you have not complied with any passport, visa or immigration requirements. You are responsible for obtaining and having available the necessary documents (including but not limited to full, current passport with enough blank pages to complete the trip and valid for at least 9 months from the last day of the tour and visas for all periods, countries and territories within the tour) enabling you to participate in the tour and shall comply with all local legislation and regulations of the countries in which the tour takes place (including immigration requirements, customs regulations and currency exchange). You shall indemnify us against any loss or expense that we may incur or suffer as a result of breach of this condition by you. We cannot guarantee visa prices and availability of visas. Ultimately visas are your own responsibility to obtain.
14. Madventure reserves the right to deviate from the advertised tour route if in their reasonable opinion such deviation is necessary for the safety or well-being of any or any one of the members of the tour or for the satisfactory progress of the tour. In the event of it becoming necessary to fly over a country or countries in order to satisfactorily and safely continue the tour, all costs of your flights will be borne by yourself.
15. Madventure accepts no responsibility for matters arising out of political disputes, border closures, epidemics, pandemics, natural disasters, climate, armed robbery, terrorism, etc. Should it become necessary to abandon a tour because of such an event Madventure will be entitled to retain all monies paid. We therefore recommend you have suitable travel insurance as if the reason for cancellation is covered under the terms of your insurance policy you may be able to reclaim these charges but it is your sole responsibility to do so and we accept no liability for any acts or omissions of your insurance company.
16. You accept that owing to the nature of countries visited, all tours involve an element of personal risk and are of a potentially hazardous and unpredictable nature. In many countries we visit, the basic infrastructure, such as roads, is very poor and therefore less safe than that familiar to people from many western countries. In particular, lack of road markings or warning signs, unmarked speed bumps, seasonal flooding of roads and bridges, local vehicles which are poorly maintained and driven and which are hazardous to other road users etc. are factors beyond the control of Madventure. You accept that in some areas we drive off-road and that this involves personal risk when the expedition vehicle can be negotiating rough terrain. Madventure owns and operates many of its own expedition vehicles and employs its own crew. Where stated, locally arranged transport and crew, including trains, ferries, buses or coaches are used. Where Madventure’s own vehicles and/or crew are not used for the above services, you agree that the obligation of Madventure to yourself is to select normally competent, independent subcontractors to provide the necessary services related to the tour and to exercise reasonable care in selecting such suppliers to provide these. You also accept that you undertake this tour at your own risk and your participation is your own decision and does not form any part of your contract with Madventure. Madventure does not take responsibility for cancellations, unreliability of services or safety of operators, agents or contractors.
17. You accept that local emergency facilities are usually of a very limited nature. Hospitals outside of large cities often have no accident and emergency facilities and emergency transport facilities can be non-existent.
18. If you have a problem during your trip please inform the tour leader immediately who will endeavour to put things right. If your complaint is not resolved locally please follow this up by emailing or writing to our office giving all other relevant information and, where possible, evidence. We must receive any such complaint no later than 28 days from the date of completion of your tour in order to take appropriate action. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.
19. We do not accept any liability or responsibility for any personal possessions (including but not limited to cameras, jewellery, valuables and money) which is carried on or in our vehicles, carried on public transport or transport supplied by independent subcontractors, left in accommodation provided by us or our suppliers during a trip or left in our care during a tour. Such items are carried and/or left at your own risk.
20. Excursions or other tours that you may choose to book or pay for whilst you are on our tour are not part of your tour arrangements provided by us. For any excursion or other tour that you book your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator. You accept that the prices quoted for optional activities are approximate as local prices can and do change. Any of the optional activities listed are not necessarily endorsed or recommended by Madventure. You also accept that you undertake any activity at your own risk and your participation is your own decision and does not form any part of your contract with Madventure. Madventure does not take responsibility for cancellations, unreliability of services or safety of operators, agents or contractors.
21. Whilst a tour is in progress you will at all times be expected to act in accordance with all reasonable instructions from us and/or the tour leader. We may exclude you from the tour or any part thereof at any time (including during the tour itself) if we are of the opinion that you are likely to prejudice the good order, discipline or safety of the tour, including as a result of failing to comply with the tour leader’s instructions, breaking any law or regulation of any country where the tour takes place or failing to adhere to the tour code of conduct, provided that we exercise our discretion reasonably in this regard. In such an event you shall reimburse to us any reasonable costs, losses or expenses which we incur or suffer as a result of our decision to exclude you from the tour, and Madventure shall cease to have any responsibility to/for you. No refund will be given for any unused services.
22. By completing the booking form you confirm that you appreciate the risks involved in the tour and that you do not suffer (or have ever suffered) from any pre-existing medical condition that may prevent you from actively participating in the tour other than those that have been declared to us. It is your responsibility to ensure that you are medically fit enough to undertake the tour and to ensure that you have received the necessary vaccinations and medications (and taken them as prescribed by your doctor) relevant to the destination country. Unless informed otherwise in writing we will assume that you are in good health and are not aware of any reason why you may be unsuitable to take part in the tour. We recommend that you consult your doctor before making a booking to ensure that you are medically fit and are fully aware regarding the immunizations and medical issues related to your destination countries. If you have any pre-existing medical condition, illness or disability, are undergoing medical treatment or, since entering into the contract, develop any medical condition, illness or disability or undergo any medical treatment; you will give us full particulars at the earliest opportunity and at the latest sixty (60) days before the departure date. If it is later discovered that a pre-existing condition was not declared within the specified time, and such condition would, if we had knowledge of it, have led to our refusal to accept or to cancel your booking, we reserve the right to withdraw you from the trip without any refund or recompense. In such an event, you shall reimburse to us any reasonable costs, losses or expenses which we incur or suffer as a result. In the event of you being withdrawn from a tour, no refunds will be given and we will not be responsible for (and you agree to indemnify us against) any costs, claims, losses and expenses arising including costs of repatriation, eg. flights and legal expenses. By agreeing to these conditions, you provide your consent to us and our insurers obtaining your medical records should we consider it necessary. You will be responsible for any charges for the provision of the information. We reserve the right to inspect your vaccination book at any time and to withdraw you from the tour in the event that you have not received and/or taken all the requisite inoculations and/or medication. If the information provided by you is incorrect and we discover that the correct information affects your suitability to take part in the tour, we may terminate the contract and withdraw you from the tour without refund or recompense, including during the trip. You agree and acknowledge that certain activities undertaken whilst you are on the tour may be inherently hazardous and have risks associated with them. You agree to abide by all instructions given to you whilst you are on the tour and you acknowledge that we cannot be held responsible for any injuries that may arise as a result of you failing to comply with such instructions.
23. You must be covered by personal travel insurance to undertake any Madventure tour. We recommend you take out a travel insurance policy that covers you fully against the cost of tour cancellation by you or by Force Majeure, medical care and repatriation should you become too ill to continue and above all covers you against the cost of air evacuation should sickness or injury necessitate such a course of action. You should also note that passenger liability insurance covering vehicles, particularly in third world countries, may be inadequate. It is therefore important that your travel insurance cover makes sufficient provision for your dependents in the event of an accident. Please note however that we have no control over the availability or standard of medical and repatriation services and facilities in the areas we visit and these do not form any part of our contract with you. Please remember that many of the areas we visit are not as developed as the UK and the availability and standard of such services may well be lower. Please read your travel insurance policy details carefully and take them with you when you travel. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We do not check individual insurance policies for suitability.
24. It is understood that on the Madventure tours where we use our own expedition vehicles the sections of the tour that travel through Europe, USA, Canada and Mexico are provided to you free of charge. You will not have to pay any additional fee to travel through Europe, USA, Canada and Mexico with us but it is understood that we do not operate for hire and reward in these areas. We do this purely as a legality in order to operate our specialised overland vehicle in these areas legally.
25. Privacy & Data Protection – we shall ensure that appropriate security measures are in place to protect your personal data (as defined in the European GDPR act 2018 and the UK Data Protection Act 2018) and we do not store our customers financial details. When you make a booking, you do however consent to all the information you provide being passed on to our suppliers, agents, subcontractors, employees or volunteers whether based inside or outside of Europe for the purposes of us providing you with the tour.
26. By agreeing to these terms and conditions you consent (unless otherwise stated on your application form) to our staff taking photographs and or video footage of you during the tour and that these images may be used by us for publicity and training purposes including, but not limited to, brochures, websites, marketing material and in the media.
27. We shall be entitled to novate or assign the contract or any part of it to any third party. You shall not be entitled to assign the contract or any part of it. This contract is made on the terms of these conditions, which are governed by English law, and subject to the provisions of condition you agree to the exclusive jurisdiction of the English courts. If any of these conditions is found by any court or other competent authority to be wholly or partly unfair or unenforceable the validity of the rest of the booking conditions and the rest of the condition in question shall not be affected and shall remain valid and enforceable to the extent permitted by law. A reference in these conditions to a statute, convention or regulation shall be as a reference to that statute convention or regulation as amended, re-enacted or extended at the relevant time. The headings in these conditions are for convenience only and shall not affect their interpretation. Where the context otherwise requires, words importing the singular meaning shall include the plural meaning and vice versa and words denoting the masculine gender shall include the feminine and neuter genders. Where the context so admits, words denoting persons shall include natural persons, companies, corporations, firms, partnerships, limited liability partnerships, joint trips, trusts, voluntary associations and other incorporated and/or unincorporated bodies or other entities (in each case, whether or not having separate legal personality) and all such words shall be construed interchangeably in that manner.
28. The information given on the website, on social media, in newsletters, in the brochure and other literature supplied is given in good faith but no warranty is given that it is correct.
29. No servant, agent or authorised representative of Madventure has authority to commit Madventure to any liability whatsoever and Madventure will not be bound by any statement or representation unless it is in writing and signed by one of the directors.
30. ABTA – We are members of ABTA, membership no. Y6801. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com
31. Financial Protection – In accordance with the UK Package Travel & Linked Travel Regulations 2018, Directive (EU) 2015/2302 or the local applicable law in the country of residence of the passenger(s) booking with Madventure Ltd are fully protected for the initial deposit and subsequently the balance of all monies received by us, including repatriation costs and arrangements, arising from cancellation or curtailment of your travel arrangements due to the insolvency of Madventure Ltd.
The respective laws according to the country of residence of the passenger(s) usually only requires us to provide cover for Package & Linked Travel Arrangements, there is no requirement for Financial Protection of day trips or single elements, and none is provided unless the local law requires such. If you have questions on this then please contact Madventure Ltd.
Madventure Ltd has taken out an insurance provided by International Passenger Protection Ltd (IPP) with Liberty Mutual Insurance Europe SE (LMIE) trading as Liberty Specialty Markets, a member of the Liberty Mutual Insurance Group. LMIE’s registered office: 5-7 rue Leon Laval, L-3372, Leudelange, Grand Duchy of Luxembourg, Registered Number B232280 (Registre de Commerce et des Sociétés). LMIE is a European public limited liability company and is supervised by the Commissariat aux Assurances and licensed by the Luxembourg Minister of Finance as an insurance and reinsurance company. This insurance is only valid for passengers who book and pay directly with/to Madventure Ltd.
In the event of our insolvency please make contact as soon as practically possible giving full details of what has happened quoting the name of your Travel Operator:
For UK & Worldwide excluding EU Passengers
IPP Claims at Sedgwick
Telephone: +44 (0) 345 266 1872
Email: Insolvency-claims@ipplondon.co.uk
or online at http://www.ipplondon.co.uk/claims.asp
For EU Passengers
IPP Claims at Sedgwick
Telephone: +31 103120666
Email: ippclaims@nl.sedgwick.com
or online at https://www.ipplondon.co.uk/claims.asp
