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departure airport (except between London airports). If advised of a major change before departure the client will have the choice of accepting the changes (at additional cost if applicable), purchasing another available tour from the Company, or cancelling the tour with a full refund. Provided that the major change is not as a result of situations outside the Company's control or consolidation (see below), compensation will be paid as follows: Period of notification Compensation given to you per person More than 42 days: Nil 41-28 days: £20 27-14 days: £30 13 days-date of travel: £40 The Company will not pay compensation if forced to cancel or change your tour because of situations outside the Company's control or consolidation, both as defined below. Compensation includes, but is not limited to, any penalty charges associated with `nonflexible' type connecting rail or air fares. Events outside the Company's control include, but are not limited to, war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire or adverse weather conditions, epidemics, or health risks, technical or maintenance problems with transport, closed or congested airports, ports or stations, changes imposed by re-scheduling or cancellation of transportation by the transport supplier, such as flights by airlines or main charterer, the alteration of airlines or aircraft types, or other similar events beyond the control of the Company. Consolidation is the situation in which the minimum number of bookings required to run a holiday is not met. 13. IF WE CANCEL YOUR HOLIDAY The Company reserves the right to cancel a tour in any circumstances but will not cancel a tour less than 8 weeks before departure except for force majeure, consolidation or the client's failure to pay the final balance. Unless the client fails to pay the final balance, the Company, upon cancellation, will return all monies paid not including visa, vaccination or associated costs, or offer an alternative tour of comparable standard and will pay compensation on the scale shown in clause 12 above save that no compensation will be paid if cancellation is because of force majeure or consolidation. 14. OUR RESPONSIBILITY FOR YOUR HOLIDAY Clients bookings are accepted on the understanding that they appreciate the possible risks inherent in adventure travel and that they undertake the tours, treks or expeditions featured in our programme at their own volition. Clients booking our Explore Volunteer trips should be aware that working conditions are outside the control of Explore and as such the individual client agrees to take responsibility for
the safety of themselves whilst working on any of the projects. (i) Our obligations, and those of our suppliers providing any service or facility included in your holiday, are to take reasonable skill and care to arrange for the provision of such services and facilities and, where we or our supplier is actually providing the service or facility, to do so with reasonable skill and care. You must show that reasonable skill and care has not been used if you wish to make any claim. Standards of, for example, safety, hygiene and quality vary throughout the transport and destinations that your holiday may involve. Sometimes these standards will be lower than those which would be expected to be found in the UK.The services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply (such as, for example, those of the Civil Aviation Authority), or, if there are no applicable local regulations, if they are reasonable when compared to the local standards and customs. (ii) Where the client does not suffer personal injury, the Company accepts liability should any part of the tour arrangements booked with the Company not be supplied as described in this brochure and/or the website. In such a case, the Company will pay reasonable compensation if the clients enjoyment of the tour arrangements has been adversely affected but will pay no compensation if there has been no fault on the part of the Company or its suppliers and the reason for the failure in the tour arrangements was 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 was exercised. (iii) For claims which involve death or personal injury as a result of an activity forming part of your holiday, we accept, and will only have, liability subject to paragraphs (iv) and (v) below should we or our suppliers fail to satisfy the obligations detailed in paragraph (i) above. If we have liability, we will, subject to paragraphs (v) and (vi) below, pay you reasonable compensation. (iv) We have liability in accordance with paragraphs (ii) and (iii) above and subject to paragraphs (v) and (vi) below except where the cause of the failure to provide, or failure in, your holiday or any death or personal injury you may suffer is not due to any fault on our part or that of our servants, agents or suppliers, because it is either attributable to you, or attributable to someone unconnected with your holiday and is unforeseeable or unavoidable, or is due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which neither we, nor our servants, agents or suppliers could have foreseen or forestalled. (v) If any international convention applies to or governs any of the services or facilities included in your holiday arranged or provided
by us, or provided by any of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). International Conventions which may apply include: in respect of international air travel, the Warsaw Convention 1929 (including as amended by the Hague Protocol of 1955 and by any of the additional Montreal Protocol of 1975) or the Montreal Convention 1999; in respect of rail travel, the Berne Convention 1961; in respect of carriage by sea, the Athens Convention 1974; in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other international conventions applicable to your holiday. If your baggage is lost, damaged or destroyed in any circumstance not subject to an international convention the maximum amount of compensation we will pay you will be £500. This sum will be assessed with reference particularly to your loss and the extent to which this has required you to purchase replacements. (vi) If you choose to issue court proceedings in respect of a claim against us, you must do so within 2 years of your return from holiday or within 2 years of first discovering the matters giving rise to the claim, if this is later. If you do not, then our liability to you will be limited in all cases to a sum of £100. (vii) You must, if we are adjudged to have, or if we accept, liability for a claim that you make, assign to us any rights that you may have against any of our servants, agents or suppliers which is in any way responsible for the failure of your holiday or any death or personal injury you may suffer.You must also co-operate with us in any claim we choose to bring against any third party which we, in our discretion, deem to be so responsible. (viii) Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your holiday. (ix) Where a flight ticket is downgraded or a flight cancelled, delayed, or boarding is denied by any carrier in circumstances which would entitle you to compensation under the Denied Boarding Regulations 2004, then you are obliged to claim the appropriate sums pursuant to those Regulations from the carrier. Any sums received by you in this respect constitute the full amount of your entitlement
to compensation for all matters flowing from the carrier's actions. If, for any reason, you do not claim against the carrier and make a claim for compensation from us, we will not consider your claim until such time as you have made a complete assignment to us of any rights you have against the carrier. 15. FLIGHTS/DELAYS The timings of air, sea, road or rail departures are estimates only. We cannot accept any liability for any delay in your transportation from or to the UK whether the cancellation or delay is caused by adverse weather conditions, rescheduling by a transport supplier, airline, airport authority and/or action by air traffic controllers, mechanical breakdown or industrial action. Where long flight delays result in lost holiday time, no refunds are given by hotels or suppliers. Similarly, airlines do not offer compensation for flight delays. It is in recognition of the above that the Company's travel insurance policy offers some monetary compensation for flight delays over 12 hours to cover lost holiday time, or delayed return (not applicable to flights within a tour itinerary). However, at their discretion your carrier will endeavour to reduce the inconvenience of any delay by providing meals and accommodation, as appropriate for the time of day or night (dependent on local availability), if you are delayed for more than 12 hours. If you incur payments for such services in the event of a delay, the Company will not accept responsibility for payment unless we have given our prior consent. 16. LATE BOOKINGS We emphasise the importance of making a booking at the earliest opportunity, because of the small group nature of our tours. For bookings received within 6 weeks of departure we reserve the right to pass on any extra costs incurred. For bookings received within 6 weeks of departure the Contract between the Company and the Client comes into existence once full payment has been made and received by Explore. 2009 PRICES Dates, prices (including travel insurance premiums) and itineraries shown for tours departing from January 2009 may be subject to change.Tour prices may alter up or down by a maximum of 10% due to unforseen air or ground cost fluctuations. In the unlikely event that the tour price increases above 10% customers may cancel with full refund of monies paid to Explore. Tours and prices in this brochure supercede details published in any previous Explore brochure. ISSUE DATE: December 2007. Explore Worldwide Ltd. Registered Office: Nelson House, 55 Victoria Road, Farnborough, Hampshire, GU14 7PA, UK. VAT No. 358 7552 13.
Please ensure that you have read and understood all the general information pages on pages 14 23 of our brochure, and/or the website, regarding the style of our tours, flights and other travel information including Foreign Office Advice as appropriate.
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