Terms & Conditions
Activus Outdoors accepts bookings subject to your agreement to the following Terms & Conditions which form your contract with us. Please take time to read them. These Terms & Conditions supersede any previous Terms & Conditions which are on display on any of the sites under the above subsidiary names. Prior to booking, the client will be directed towards these specific Terms & Conditions. To make a booking the client must be over 18 years of age. The person making the booking accepts these Terms & Conditions on behalf of everyone in their party.
Activus Outdoors, its agents and associates is hereinafter referred to as “ACTIVUS” and the client is referred to as “the client”. The client warrants that he/she has the authority to conclude this booking and accepts all Terms & Conditions as follows:
1. Your contract
No contract shall exist between ACTIVUS and the client until: a) ACTIVUS has received written confirmation (i.e. internet ‘booking’ form, written letter or email) from the client that they wish to make a booking. b) A deposit has been paid by the client. c) The client has agreed to the Terms & Conditions. No person, organisation or employee of ACTIVUS has the authority to vary the booking conditions and we reserve the right to decline any booking. We reserve the right to charge the full booking value if the group number reduces by 30% or more from the original group size at time of booking. In the event of a booking cancellation after we have forwarded an invoice we shall levy a 10% administration charge against the full invoice value.
2. Relevant law
This agreement (including its validity, existence and implementation, the interpretation and application of its provisions, the respective rights and obligations of the parties in terms of and arising out of the conclusion, breach and termination of the provisions of this agreement) shall be governed in all respects by English law.
3. Payment conditions
a) Deposit: A deposit is required from each client to confirm a booking and the amount payable will be as specified in our quotation.
b) Balance: The full amount is due by the client not later than 28 days prior to the start date of the holiday, outdoor activity or course. Should the full amount not be received in the specified time, ACTIVUS reserves the right to treat the booking as cancelled and the deposit shall become non-refundable. If the client books within 35 days of the start date then full payment is required at time of booking.
c) Non-compliance: In the event of a flagrant breach and non-payment of the balance payment up to 14 days before date of the event or course we reserve the right to withdraw our services or levy a 10% administration fee to the client account. If our services are withdrawn as a result of non-compliance you will be liable for the full balance payment plus interest at 3% above bank base rate until payment is received in full.
Methods of Payment: Bank transfer or cheque.
4. Cancellation / Variation conditions
All cancellations made by a client before due departure date must be confirmed by email. The date on which ACTIVUS receives the email correspondence will determine the cancellation charge, if any. Charges applicable in the event of a cancellation include any surcharges and shall be as follows. These figures apply both in the event that the whole group booking is cancelled as well as if a single person in the group cancels. For the former, the price will be divided amongst all group members; for the latter the single person alone is responsible for payment.
In the event the client wishes to change or cancel a confirmed reservation he/she must confirm by email. Changes or cancellations by telephone are not permitted and will not be accepted. In the event that the client should request to make a change or cancel a confirmed reservation, the date on which the email cancellation is received will represent the basis for the cost calculation. If the email cancellation is received outside our regular office hours (Mon – Fri 09:00 to 17:00) the cancellation date shall be calculated from the following office day.
The following conditions/cancellation/variation charges will apply for all UK challenge events, transport and outdoor activities:
a) Deposit payment: Non-refundable irrespective of the circumstances of the cancellation.
b) 1-60 days cancellation notice – the full balance payment will be due if the client decides to cancel or vary the booking.
c) 61 or more days cancellation notice – 50% of the balance payment plus a 10% administration charge levied against the total cost per person will be due if the event is cancelled by the client or individual/s forming part of the clients group. This shall also apply in the event we cannot accommodate an alternative date requested by the client.
d) In instances where a reduction in number results in an event running with less than the agreed group size at time of booking we reserve the right to charge the client 100% of the original balance payment after receipt of the booking deposit.
e) We reserve the right to add a 10% surcharge on late balance payments.
f) The booking is deemed finalised on receipt of your deposit payment and we reserve the right to add up to 10% surcharge for our administrative costs plus any incurred charges as a result of client variation to the original programme.
g) In the event the client wishes to change the original scheduled date and cannot be accommodated for operational reasons variation charges will apply as per the original booking – see items b) and c) above.
h) All damaged or non-returned clothing or equipment loaned or hired to the client should be returned in its original condition at end of the event; otherwise the client will be liable for the cost of replacement equipment which shall be invoiced and payment shall be due on receipt. In such instances the original invoiced client – company, organisation or lead person in the group shall be liable for payment irrespective of the person responsible for damaged or non-returned equipment.
i) The client shall be liable for any parking fines at motorway services or other parking areas incurred as a result of client travel delay in arriving punctually at the designated pick up point.
j) In instances of client delay outside our control minibus waiting time shall be chargeable at £40.00 per hour or part thereof.
k) Any untaken part of the package such as meals, showers, breakfast will be non-refundable.
l) In circumstances where a client’s group size is less than the original number invoiced we reserve the right to modify accommodation, staff and transport resources in accordance with the revised group size.
m) If a booking is re-scheduled due to circumstances beyond our control we reserve the right to charge the client for increased costs of accommodation, staffing or transport.
n) Your invoice/s together with Terms and Conditions of Booking detailed on our website are your legally binding contract with Activus Outdoors Ltd. We reserve the right to cancel your booking if we have not received full payment for all services booked and which remain unpaid up to 72 hours before date of event. In such circumstances your deposit and any interim payments will be forfeited. Furthermore, we shall not be liable for any consequential losses incurred as a result of said cancellation
o) In the event we are unable to fulfil a booking we shall offer a full refund or alternative dates at the originally quoted rate. In such instances we shall not be liable for any consequential losses incurred by the client.
5. Trip costs / Liability
Foreign holiday costs are land only excluding flights and are payable in the currency detailed on the applicable website. Domestic challenge events and courses exclude car, taxi, rail or air transport to/from agreed pick-up/drop-off points. We reserve the right to vary the price of these itineraries and will provide you with as much notice as possible should this occur after you have booked. For holiday extensions or changed itineraries, our agent or representative will quote you a supplementary price in accordance with any revisions to our original itinerary.
We may also change the price in the price list if the number of participants is less than the number stated in advance, and in case of a change in hotel, transport or other prices, or if there is a change in the exchange rate on which the travel is based. The client’s consent is not required for an increase of up to 10%; however, if a price increase is over 10%, the client has the right to cancel the contract. For UK challenge events, holidays and courses our standard accommodation budget is up to a maximum of £35.00 per person per night for dinner, bed and breakfast (or alternatively bed and breakfast where applicable). In the event of force majeure, inclement weather conditions, road traffic conditions or accident, incident or injury outside of our control and vehicle breakdown we shall not accept any consequential losses incurred by the client. In instances where an event is cut short due to unforeseen reasons we shall arrange and cover the cost of road transport to the nearest airport or rail station.
ACTIVUS will provide trained, experienced instructors and guides in a ratio appropriate to the group size. We will provide any specialist equipment necessary for the activity in accordance with our quotation. Where food is included in the price, high energy food and drinks will be given. Details of all necessary clothing, footwear and equipment will be provided.
7. Exclusions from trip costs
International and domestic airfares, rail fares, passports, visas, passenger taxes, personal travel insurance, emergency evacuation costs, extra meals or entrance fees not shown on itinerary, laundry, tips, personal medication, excess baggage, alcoholic drinks, isotonic high energy drinks and optional excursions.
8. Travel insurance requirement
ACTIVUS has relevant Public Liability insurance; however, travel and cancellation insurance is mandatory for all clients booking a foreign holiday with us (excepting those undertaking a UK activity or course who are covered entirely by our own policy). All insurance is solely the responsibility of the client. It is mandatory that the client takes out travel insurance for the full duration of the holiday. The client must take out insurance to cover personal injury, medical expenses and emergency evacuation, repatriation, loss of luggage and expenses associated with the cancellation or curtailment of any tour. If a client becomes ill through no fault of our own, all hospital expenses and doctor’s fees are the client’s responsibility and ACTIVUS shall not be held responsible for any refund of the holiday price whatsoever. The carriage and storage of all baggage and personal effects are at all times the client’s risk. ACTIVUS cannot accept any liability for any loss or damage to baggage or personal effects, property or injury or illness to the client or loss of life or consequential damages which might occur from any cause whatsoever. For UK outdoor activities and courses we recommend that individuals take out appropriate insurance cover against accident or injury sustained as a result of circumstances outside of ACTIVUS control. We recommend Snowcard Insurance Services Ltd who offer a variety of packages servicing the outdoor industry.
9. Changes and Alterations
ACTIVUS reserves the right to change the routes and/or accommodation in certain circumstances. ACTIVUS will not be held responsible for any compensation to the client if we are forced to cancel or in any way change the holiday, related outdoor activity or course due to force majeure including war, riot, civil strife, industrial dispute, terrorist activity, natural disaster, fire, adverse weather conditions or other external circumstances beyond ACTIVUS control. In these circumstances ACTIVUS will try to offer an alternative date but no refund can be given. ACTIVUS reserves the right to cancel the holiday without prior notification. In this instance ACTIVUS will refund all monies already paid by the client.
ACTIVUS is obliged to inform the client of a cancellation at least seven days before departure and to return the entire sum paid. If conditions in the holiday destination itself prevent ACTIVUS from accommodating clients in the facilities requested, the client can stay in another facility in the same location of equal or higher category.
Changes to the number of participants from an original booking must be confirmed by email at least 35 days prior to the start date. Failure to inform ACTIVUS of changes to group size will result in the client(s) being charged for all persons booked. In the event of any deviation from the original group size our quotation and invoice shall be deemed your contract and legal reference.
The information presented on this website is correct to the best of our knowledge at the time of publication and may be subject to change without notice. Changes beyond our control may have occurred since publication with respect to prices, itineraries, duration of holidays, standards or services, tour content and fares. Furthermore, ACTIVUS reserves the right to reasonably change the transport or facilities described in any publication without being held liable for any compensation or refund.
11. Our responsibility and rights
All holidays, outdoor events and courses are advertised in good faith by ACTIVUS, and based on the latest information.
Clients are accepted on our holidays, outdoor events and courses on the understanding that the client appreciates the risks inherent in travel and outdoor adventure activities, and the client undertakes the trip, outdoor event or course at his/her own risk. Such risk could include injury, disease or death. Our activities take place in “the wild environment” and this may create risks involving rough terrain, bad weather, flood waters, rivers and streams in spate, equipment, other people and wildlife. The client agrees and concedes that ACTIVUS and its associates and employees shall not be responsible for any indirect loss or damage or consequential loss which might occur from any cause whatsoever save that nothing in this Agreement shall limit or exclude ACTIVUS liability as follows:-
11.1 for death or personal injury resulting from negligence;
11.2 for fraud or fraudulent misrepresentation; and
11.3 for any other liability the exclusion or limitation of which is not permitted by English law.
In the case that personal possessions and equipment are lost from the vehicle as a result of fire or theft during challenge events, outdoor activities or courses based in the UK, ACTIVUS shall maintain insurance cover for such possessions and equipment up to £100.00 maximum per claim.
13. Company authority
The decision of the local holiday guide employed by ACTIVUS will be final on all matters. We shall not be responsible for, or liable for, any client who commits an illegal or unlawful act. The client may in such circumstances be excluded from the holiday without a refund. If ACTIVUS considers a client unsuitable for an activity or tour we may at our sole discretion decline to carry this client any further. If any client causes inconvenience or annoyance to other passengers, ACTIVUS may in its sole discretion decline to carry the client further without any refund whatsoever. Children (persons under 18) may only participate in activities that are suited to their ability and where they are accompanied by a parent or guardian.
14. Passport and Visa requirements
Clients should be in possession of a passport valid for at least 6 months beyond the intended stay overseas. The client must ensure that he/she has the correct visa and passport documents to travel. ACTIVUS will not be held responsible for passengers travelling without the correct travel documents. Please enquire about details. We recommend that you keep copies of all important documents such as passports, travel documents and insurance information away from the originals. The names listed on our travel documents must exactly match those in the client’s passport(s).
15. Vaccinations and health
The client shall acknowledge an awareness of the proposed itinerary and shall confirm that he/she is medically fit, in good physical and mental health and is able to embark on the tour. Any client with a pre-existing medical condition or illness must declare such conditions to ACTIVUS before commencement of the holiday. Any failure to declare may result in cancellation of the booking. It is the client’s responsibility to ensure that he/she has the appropriate vaccinations. All personal medical records will be treated in confidence.
16. Client responsibility
The client is responsible to make arrangements to arrive at the activity or tour assembly point as indicated on the itinerary.
Should any of the Terms & Conditions of this agreement be held to be invalid, unlawful or unenforceable, such Terms & Conditions will be made severable from the remaining Terms & Conditions, which will continue to be valid and enforceable. If any term or condition held to be invalid is capable of amendment to render it valid, the parties agree to negotiate an amendment to remove invalidity.
ACTIVUS shall be entitled to cede or assign its rights and obligations under and in terms of this contract.
19. Claims and complaints
For foreign holidays should the client have a complaint against ACTIVUS it must first be taken up with the local holiday guide, in order that an opportunity may be afforded to ACTIVUS to investigate the situation. If the client has any further complaint they must contact us by email within 7 (seven) days of the holiday or activity end date. For all UK-based challenge events, training courses, outdoor activities and tours the client must first contact us by email within 7 (seven) days of the activity end date. If these procedures are not followed then ACTIVUS will not investigate such complaint and and as a result clients will not be entitled to any compensation irrespective of the nature and circumstances of the complaint.
20. General safety
The destinations we visit are friendly and safe countries to travel in; however you must still use common sense precautions. Do not carry large sums of money. ACTIVUS will not be held responsible or held liable for any injury, damage or loss sustained on the trip. We acknowledge that the client’s actions contribute to the general level of safety, both personal and that of the whole group.
In instances where ACTIVUS’s staff take photographic images and/or video footage of the activity (which may be included in the offer price); ACTIVUS will retain full copyright of such material and reserves the right for its use in the publicity and marketing of the business. It is also conditional that all material supplied to the client is subject to the effect of prevailing weather, operational and safety constraints which may affect our photographic capabilities during the activity. We will provide one complimentary CD or alternatively, we shall upload to Dropbox. In the event of a dispute between ACTIVUS and the client we reserve the right to withhold images taken on the holiday or event.
22. Damages and lost property
Any clothing or equipment loaned for the activity or event will be charged to the client if not returned to ACTIVUS at the end of the trip in a serviceable condition. In addition, any damages and associated charges as a result of misuse of vehicle or accommodation facilities will be chargeable to the client at the end of the activity or trip. On top of any such charges ACTIVUS will add on 10% of the item cost to account for our administration time.
Clients are responsible for the safe keeping of their personal possessions and equipment whilst in transit. In the event that property is left in our vehicles we shall not be liable for its return. If equipment is found after the event we shall require a returns payment of £25.00 covering administration time and costs prior to shipment back to the owner.
23. Optional extras
Should the client choose to undertake any optional activities or excursions whilst on one of our holidays which are not part of the pre-booked itinerary, the client will be under contract with the company arranging the optional activity for the entire duration of the activity or excursion. In such a situation, ACTIVUS is not responsible for the provision of the activity or for anything that may happen to the client during the activity.
In the event that a client’s fitness is having a detrimental impact on the event or course and is in danger of compromising the itinerary; ACTIVUS reserves the right to ask him/her to withdraw from the activity in the interest of the group. ACTIVUS will also be absolved of any liability for clients missing connecting flights, rail, bus, car and coach or minibus connections as a result of inclement weather or inadequate fitness.