TERMS AND CONDITIONS
1. Parties: Your contract is with Global Command Ltd t/a Turn Wild, company registration number: 08633385 and registered office is 167-169 Great Portland Street W1W 5PF. Global Command Ltd t/a Turn Wild are hereinafter referred to as ‘the Company’ or ‘we’ or ‘us’ in respect of these Terms and Conditions, which apply to all of the tours [and services] offered by us.
The Client or ‘you’. Where you are the organiser of a group tour (the “Organiser”). You confirm that you have the authority to sign on behalf of all other people within your group, for whom you will be responsible in accordance with these Terms and Conditions.
2. The Contract: The Contract comprises:
These Terms and Conditions
The specific itinerary for the tour on which you have booked,
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:
A booking for an escorted tour with the Company can only be confirmed once the Client has completed an online booking form and submitted the deposit of £50 or 50% of the tour cost (whichever is the larger sum) specified by the Company (the “Deposit”).
The Contract between the Company and the Client will come to effect and be binding on both parties with effect from the date on which notification of the acceptance of the booking of the deposit has been sent by the Company to the Client.
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, in accordance with these Terms and Conditions (see particularly paragraph 9).
4. Balance of Payment:
The Client will pay the balance of the tour price and any visa and other costs
(where applicable and as notified to the Client in advance) (together with the Deposit, the “Tour Fee”) no less than 50 days before the Departure Date for the activity or tour (the “Departure Date”). If the booking is made less than 50 days before the relevant Departure Date the Client must pay the tour price in full on booking.
In the case of international payment, 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.
If the balance of the Tour Fee due from the Client to the Company is not paid 50 days prior to the Departure Date, we will treat the Contract as cancelled by the Client and we shall be entitled to retain the Deposit.
5. Passports, Visas and Health Matters.
Medical vaccinations, medical certificates, passports, visas and all other travel requirements etc. are entirely your responsibility and must be arranged prior to departure. We take no responsibility for the cancellation of your trip in the event that you are not allowed to fly, or if you are unable to participate due to any of the foregoing reasons and we reserve the right to retain the entire fees paid for the trip.
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.
6. Cancellation by The Client:
The Client acknowledges that the Company will have incurred the largest part of its costs before the Departure Date (e.g., the overall cost of equipment, running costs, staffing, administration, advance payment for accommodation, local services etc.) Accordingly, the Company has a strict cancellation policy. Cancellation by the Client must be in writing.
Deposits are non-refundable [unless we cancel your booking other than for a valid reason]. If you cancel your booking, cancellation charges will be imposed as shown below
50 days or more prior to departure – loss of Deposit
50-30 days before departure – 50% of the Tour Fee
Less than 30 days before departure 100% of the Tour Fee
All cancellations must be in writing and be made by the person who submitted the booking form.
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.
7 Cancellation by The Company:
The Company reserves the right to cancel the Client’s tour, however, the Company will normally not do so unless it decides in its absolute discretion to do so, for example (but not limited to) unforeseen circumstances such as flight cancellations, civil or political unrest, adverse weather or other ‘force Majeure events (“Valid Reasons”). For the avoidance of doubt, and without limitation, failure to obtain insurance or political/security factors that were in existence at the time of booking are not Valid Reasons.
In the event of cancellation caused by a Valid Reason, the Company will use reasonable endeavours to reimburse any proportion of the Tour Fees that have not been spent or committed at the time of cancellation less an administration fee of 10% of the Tour Costs.
The Company further reserves the right to cancel a group tour where a minimum number of participants specified or agreed in the booking form has not been reached 50 days before the specified Departure Date, in which case we will reimburse you all Tour Fees paid by you.
Where the Client/Organiser has booked a [private] tour (i.e., a tour not open to general enrolment), the Client/Organiser is responsible for ensuring that all party members for whom a booking has been made will participate.
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.
If a major change to an itinerary is necessary prior to the 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.
8 Foreign and Commonwealth Office Advice:
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 regarding the safety of the countries and areas in which they will be travelling and to make their decisions accordingly. We recommend that the Client checks the FCO Travel Advice website (www.fco.gov.uk) to obtain travel advice to a certain country, or region of a country. It is the client’s obligation to obtain adequate insurance for any tours.
9 Transfer of booking by the Client:
If prior to 90 days before departure, the Client wishes to transfer from the tour they have booked to another potential Client, whom they themselves have arranged, a transfer fee of £50 is payable and any additional costs incurred by the Company in respect of that change.
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, in particular, due to the new Client being physically unfit for the tour, or for not having taken on personal equipment requirements or for any other reason, then conditions relating to cancellation by the Client apply. (See Clause 7)
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.
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.
10 Changes by the Company:
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 or with very little prior notice for reasons over which we have no control, such as weather, availability of local permits etc. The Company reserves the right to make changes without or at short prior notice at any time, both before and during the tour. A published itinerary is subject to change and does not give rise to a contractual obligation on the part of the Company to deliver a specific itinerary.
The Client agrees that the nature of the tours offered by the Company requires 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 affected 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. Accordingly, you accept that we cannot be held responsible for delays and alterations in the schedule, or for expenses incurred as a result of any delay or alterations arising from any such circumstances over which we have no control.
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.
11 Company and Client Responsibility:
The Client understands 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 accepts all risks that could arise from travel to remote areas including but not limited to forces of nature, terrorism, civil unrest, war, and any risks associated with altitude, illness, disease and physical exertion. The Client further acknowledges that access to evacuation and/or suitable medical supplies and support may not be available or is likely to take a considerable amount of time and the use of wilderness extraction techniques.
Mode of Transport: For each tour, the Company will use locally arranged transport including jeeps, coaches, trains, buses, river craft or helicopters as indicated in the specific tour
itinerary (subject to any of the travel arrangements being subject to change without notice).
Whilst the Company will use reasonable skill and care to select competent, independent sub-contractors to provide required local services such as transport, local guides etc., the Company does not accept responsibility for services provided by sub-contractors and third-party suppliers.
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. For example, security measures such as vehicle safety belts, fire safety escapes etc. are often not available.
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.
12 Limitation of Liability:
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.
In Greenland, this is Kangerlussuaq airport at midday on day 1 of the expedition.
On UK expeditions on the stated evening of arrival.
We are not responsible for any additional expenses incurred by you in getting to the meeting point.
Our responsibility ends when the group reaches the designated endpoint; usually the airport in the city or at the end of the expedition.
Our responsibility does not extend to ‘group socials’ which may take place in the evenings.
Our responsibility does not extend to any accident arising from the use or misuse of alcohol or drugs before during or after any Turn Wild Trek.
13 Travel Insurance:
The Client is required to take out and maintains sufficient and appropriate cancellation, curtailment, medical expenses and third-party liability insurance. 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 an accident or illness.
The insurance policy and the receipt of premiums paid thereunder 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 the such policy/(ies).
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.
The insurance cover should extend for the planned duration of the tour and at least an additional day.
14 Acceptance of Risk:
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.
15 Release and waiver of Liability, Assumption of Risk and Indemnity Agreement: 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 acknowledges that if I believe event conditions are unsafe, they will immediately discontinue participation in the Tour/Activity.
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
.The Client hereby releases, discharges and covenants not to sue Global Command LTD t/a Turn Wild, 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 releases they will indemnify, save and hold harmless each of the from any loss, liability, damage or cost, if any, which may incur as the result of such claim.
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.
16 Company Tour Leader:
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 forthwith upon the first meeting of the commencement of the Tour, and 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.
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.
17 Complaints:
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:
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.
The Client agrees to give written details of any unresolved serious complaint to the Tour guide.
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.
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.
18 General Conditions:
No person, save with the express permission in writing of a Director of Global Command Ltd, has the authority or is empowered to waive or vary any of the Contract.
The Client acknowledges that prior to the 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.
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.
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.
19 Covid-19
If an expedition is cancelled due to Covid-19 then Turn Wild will reimburse 100% of the money taken from the client back to the client. Turn Wild will most likely offer an alternative expedition but the client is under no obligation to transfer to this.
If the client is ill with Covid -19 and unable to attend Turn Wild will try to transfer the booking BUT is NOT obliged to do so. Clients should take out insurance against this eventuality.
If a client turns up with symptoms of Covid-19 Turn Wild has the right to refuse participation on the expedition. Turn Wild will always try to Transfer the booking if possible but is not obliged to do so. The client should have insurance against this eventuality.