Booking Conditions for Expeditions, Treks and Courses

These Booking Conditions, together with our Privacy Policy and any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Adventure Peaks Limited, Registered in England with Company Number 4063174, whose registered office is 101 Lake Road, Ambleside, Cumbria LA22 0DB, United Kingdom, and (referred to as ’we’, ‘us’, ‘our’). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:

1. They have read these Booking Conditions and have the authority to and do agree to be bound by them;
2. They consent to our use of personal data in accordance with our Privacy Policy and are authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special category data (such as information on health conditions or disabilities and dietary requirements);
3. They are over 18 years of age; and
4. They accept financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

1. Jurisdiction & Applicable Law

These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.

2. Booking & Paying For Your Arrangements

A booking is made with us when you pay us a deposit (or full payment if you book after the final balance due date for your particular trip) and we issue you with a booking confirmation. We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your booking. If your confirmed arrangements include a flight, we will also issue you with an ATOL Certificate. Upon receipt, if you believe that any details on the ATOL Certificate or booking confirmation or any other document we send you are wrong, you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document.

Interim deposits to the same value are due 4 months before departure and the remaining balance is due 10 weeks before departure, excepting:

a. Carstensz Pyramid, 8000m Peaks and the full Snow Leopard Challenge where two interim deposits to the same value are due 6 months and 4 months before departure and the remaining balance is due 3 months before departure.

b. Arctic and Antarctica trips, where one interim deposit to the same value is due 6 months before departure and the remaining balance is due 4 months before departure.

c. Denali interim equal to 50% of the trip cost is due 4 months before departure and the final balance at 3 months before departure.

d. UK based courses where no interim is required and the remaining balance is due two months before departure.

If sending money by electronic (bank) transfer, then you must pay the remitter’s (your) fees and the beneficiaries (our) fees. The total amount received by our bank must be no less than the full amount shown on your invoice and paid in the invoiced denomination into the appropriate account of that same denomination.

We may request from you a payment for your international flight, if the airline concerned, or its agent, demands any such payment from us in order to reserve or confirm a seat and this is made before you have paid the final balance for your trip. Such a payment will be in addition to any deposit or interim payments as set out in these booking conditions. Such payments for flights will be subject to the terms and cancellation conditions of the airline concerned and may be non-refundable.

3. Accuracy

We encourage early booking to guarantee the best pricing. The online prices are subject to change and are most likely to gradually increase after publication. We endeavour to ensure that all the information and prices both on our website and in our brochures are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before you make your booking.

4. Insurance

It is a condition of your contract that you obtain adequate travel insurance. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. Details of several suggested insurers can be found on our website. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

For all trips outside the United Kingdom, you must have adequate insurance cover for search, helicopter rescue and repatriation in the event of a medical emergency. Your travel insurance provider must agree beforehand to meet the costs of any search, rescue or recovery, for medical reasons, of you to the nearest appropriate medical facility even if prior authorization from the insurer may not be possible due to the remoteness of the recovery area or because medical expediency demands your recovery before such authorization could be received.

In case of a suspected or confirmed emergency involving you or the group of which you are a member, we reserve the right to arrange, or to request that your insurers arrange, search, rescue and recovery where reasonably necessary. You agree to indemnify us and keep us indemnified from all reasonable and properly incurred losses, apportioned appropriately to you, arising from any such search, any such helicopter usage and any resulting repatriation, for medical or non-medical reasons, including legal costs of making a recovery against you.

5. Pricing

We reserve the right to amend the price of advertised holidays at any time and correct errors in the prices of confirmed holidays. We also reserve the right to increase the price of confirmed holidays solely to allow for increases which are a direct consequence of changes in:

i) the price of the carriage of passengers resulting from the cost of fuel or other power sources;

ii) the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and

iii) the exchange rates relevant to the package.

Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents) and any other transport providers.

You will be charged for the amount of any increase in accordance with this condition. However, if this means that you have to pay an increase of more than 8% of the price of your confirmed holiday (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice.

Should the price of your holiday go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee of £100. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

There will be no change made to the price of your confirmed holiday within 20 days of your departure nor will refunds be paid during this period.

6. Cutting Your Trip Short

If you decide to leave a trip at any stage, for whatever reason, you will not be entitled to any refund for services you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer any refund for unused services, nor be liable for any associated costs you incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and you should make any claim directly with your insurer.

7. If You Change Your Booking & Transfers of Bookings

If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform us in writing by email as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £100 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with condition 8.

Transfer of Booking:

If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:

a. that person is introduced by you and satisfies all the conditions applicable to the holiday;

b. we are notified not less than 7 days before departure;

c. you pay any outstanding balance payment, an amendment fee of £100 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and

d. the transferee agrees to these booking conditions and all other terms of the contract between us.

You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in condition 8 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.

Transfer to a different Course or Expedition

After your booking has been confirmed, if you wish to transfer from one trip to another of the same type (i.e. expedition to expedition, course to course), an administration charge of £100 per person, per booking, will be payable. At the same time, you must pay any costs that we have incurred in respect of your booking, such as deposits paid to airlines, guides or agents, if these are neither refundable nor transferable.

Transfers will be considered at our discretion, acting reasonably, among other things, being subject to spaces available on the trip to which you want to transfer.

Transfer requests must be received by us in writing by email, before the final balance due date. A transfer request after this point will be treated as a cancellation and the transfer fee will not be accepted.

You cannot transfer from an expedition for which the deposit is more than £400. You cannot transfer a booking from an expedition to a course.

You may transfer your booking more than once, as long as you pay the transfer fee on each separate occasion, at the rate prevailing at the time of payment, and pay any costs incurred by us in respect of each booking held. The final trip to which your original deposit is transferred must start within 18 months of the start date of the trip originally booked. Failure to travel within this time will be taken as a cancellation of the original booking, regardless of the payment of any transfer fees or costs in the intervening period. Under such circumstances, the deposit and any money paid to affect a transfer, or transfers, will be forfeited.

8. Cancellation by You

If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing by email with the reason for your cancellation.

Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.

Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:

For Denali, Arctic and Antarctica trips the cancellation charges are:

Important Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.

If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.

Cancellation by You due to Unavoidable & Extraordinary Circumstances:

You may terminate the package travel contract applicable to your holiday at any time before the start of the package without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at the place of destination or its immediate vicinity which will significantly affect the performance of the package or carriage to your holiday destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. In order to rely on this clause you must be able to show that, based on the information available at the time of cancellation, there was no longer a reasonable possibility of your holiday going ahead (either at all or without being significantly affected).

For the purposes of this clause, “unavoidable and extraordinary circumstances” may include warfare, other serious security problems such as terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which significantly affect travel to the travel destination as agreed in the package travel contract.

This condition 8 outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

9. If We Change or Cancel

As we plan your trip arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.

Changes: If we make a minor change to your holiday, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include alteration of your outward/return flights by less than 24 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers. Please note that carriers such as airlines used in the brochure may be subject to change.

Occasionally we may have to make a significant change to your confirmed arrangements. Examples of what might be “significant changes” dependent upon the details of your booking include the following, when made before departure:

(a) A change of accommodation area for the whole or a significant part of your time away.

(b) A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.

(c) A change of outward departure time or overall length of your arrangements by more than 12 hours.

(d) A change of UK departure airport except between:

I. The London airports: Gatwick, Heathrow, Luton, Stansted, London City and Southend

II. The South Coast airports: Southampton, Bournemouth and Exeter

III. The South Western airports: Cardiff and Bristol

IV. The Midlands airports: Birmingham and East Midlands

V. The Northern airports: Liverpool, Manchester and Leeds Bradford

VI. The North Eastern airports: Newcastle and Teesside

VII. The Scottish airports: Edinburgh, Glasgow, Prestwick and Aberdeen

(e) A significant change to your itinerary.

Cancellation: We will not cancel your travel arrangements less than 30 days before your departure date, except for reasons of Events Beyond Our Control or failure by you to pay the final balance. We may cancel your holiday before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached.

If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:

i. (for significant changes) accepting the changed arrangements; or

ii. having a refund of all monies paid; or

iii. if available and where we offer one, accepting an offer of an alternative holiday (we will refund any price difference if the alternative is of a lower value).

You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.

Compensation

In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:

(a) If, where we make a significant change, you do not accept the changed arrangements and cancel your booking;

(b) If we cancel your booking and no alternative arrangements are available and/or we do not offer one.

The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

*IMPORTANT NOTE: We will not pay you compensation in the following circumstances:

(a) where we make a minor change;

(b) where we make a significant change or cancel your arrangements more than 10 weeks before departure;

(c) where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;

(d) where we have to cancel your arrangements as a result of your failure to make full payment on time;

(e) where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;

(f) where we are forced to cancel or change your arrangements due to Events Beyond Our Control (please see condition 10).

If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.

10. Events Beyond Our Control

Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Events Beyond our Control”. For the purposes of these Booking Conditions, Events Beyond Our Control means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, storms, earthquakes, avalanches or weather conditions (whether actual or threatened) which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.

11. Special Requests

Any special requests must be advised to us at the time of booking (e.g. particular facilities etc). You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us. We do not accept bookings that are conditional upon any special request being met.

12. Medical Requirements and Questionnaire

We are not a specialist provider of accessible holidays, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your booking, please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.

Once your booking has been confirmed, you must return a medical form and previous experience questionnaire. After reviewing these we may advise you to transfer to another trip or to cancel your booking, this can be done without penalty provided you returned completed forms within one month of the date you booked and no later than the date on which your final balance for the trip is due, as shown on your invoice. If we receive your forms outside of these dates, no matter when you booked, the normal cancellation and transfer conditions will apply.

13. Trip Specifications

The trips and itineraries published in the literature and on the website are designed to be illustrative in order to best explain the scope and type of activities you will be undertaking. During a trip, every effort will be made to adhere to the planned itinerary but it must be realised that with adventurous activities of this type, or when travelling in developing or remote regions, or by being in mountainous areas, or by visiting regions with limited infrastructure by virtue of their remoteness or otherwise, or with world-wide travel in general, changes to the details of the itinerary will occur. As such, circumstances may arise where we are forced to alter dates, trip duration, flight schedules, trekking routes, mountains to be climbed, locations visited or hotel accommodation, either during or before a trip has commenced, possibly at short notice.

Team/course/group sizes described in the brochure or on the website are target sizes and may be increased or decreased at our discretion. We give no undertaking as to the minimum or maximum size of a team, course or group, but do undertake to ensure that Leaders, Guides, Instructors and support staff are supplied in appropriate numbers to ensure the principal objectives of the expedition or course can be achieved. Similarly, Leaders, Guides, Instructors and support staff named in tour descriptions, anywhere in the literature or on the website, may also be changed at any time. In the case of leader illness, we reserve the right to use a local leader. For departures of small numbers of people, we reserve the right to use an English speaking local trip leader.

Most trips, especially expeditions, have days in the itinerary that are included to provide flexibility in case of bad weather, or some other untoward event, and thereby increase the chance of the principal objective being achieved and for the trip to be successful. If these days are not needed and you decide to return from the mountains earlier than planned, any additional costs incurred for services that would not otherwise have been provided, such as upgraded and more costly accommodation, hotels and transport, nor were included in the trip itinerary, must be met by you at the time and paid directly to the supplier. Alternatively, at no additional cost, you may continue with the published itinerary or any alternative itinerary as proposed by us or by your Trip leader.

14. Extensions

Extensions to expedition itineraries and course programmes can be purchased separately. Extensions are subject to a separate deposit. Confirmation of receipt of your extension deposit will not be confirmation of your extension as it will not be possible at that time for us to confirm that the booked extension will be available or that it will be identical to that shown in the marketing material. We will confirm all of the arrangements to you before you pay your final balance (which will be due at the same time as the final balance for the expedition or course to which it is an extension). Should the confirmed extension itinerary be significantly different to the published one then you will be free to cancel the extension only (not the expedition or course, to which it is attached) and a refund will be made.

15. Equipment

You will be provided with a list of all equipment required to bring on to the trip. You may hire some items of equipment from us. The majority you must provide yourself. It is your responsibility to ensure that all equipment is fit for purpose prior to the Departure Date and for the duration of the trip. You are responsible for your equipment and belongings during the trip and bear the sole responsibility for wear and tear and incidental damage to your equipment. We recommend that you take out adequate insurance to cover your own equipment, and any items hired from us as you will be liable for its replacement should it be damaged or lost.

In the event that you elect to hire any equipment from us, you will be required to pay a deposit in addition to the applicable hire charges. Deposits are not collected for equipment hired or made available to you when participating on a course, as the equipment will be issued and collected back from you at the course venue.

You will be responsible for any hired equipment throughout the trip and in the event that it is not returned within 7 days of the last day of the trip in good and clean condition (excluding normal wear and tear) the deposit, if paid, shall be forfeited and you agree to indemnify us and keep us indemnified from all losses arising from damage to the equipment including legal costs of making a recovery against you.

16. Expedition Leader

In assessing the conditions expected to be encountered in the mountains or the abilities of the team members, the Expedition Leader or the Course Director (or Guides or Instructors with delegated authority) may decide to change any aspect of the trip if he or she believes that to continue with the itinerary or activities, or any latterly agreed alternatives, would place anyone at undue risk. The Leader of the Expedition or the Course Director will review and may alter the programme as the trip progresses in response to the changing influence of variable factors.

17. Complaints

If you have any problem during the trip, you must immediately inform your trip leader or our overseas representative who will use all reasonable efforts to remedy it. You must allow time for the leader to make adjustments or consult with the Adventure Peaks office in the UK. If you remain dissatisfied, you must make full details of the complaint known to us in writing within 28 days of the end of your holiday. Please keep your letter precise and to the point.

If you fail to follow this simple complaints procedure, we will have been deprived of the opportunity to investigate and rectify your complaint whilst you are in-country and this may affect your rights under this contract as you will have failed to have minimised your losses and will be unable to recover compensation you may otherwise have been entitled to for this element of your trip.

18. Your Behaviour

All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of any hotel manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, harassment, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.

We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

19. Our Responsibilities

(1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of the travel services specifically included in your package, as set out in your confirmation invoice and the information we provided to you regarding the services prior to booking. Please note that we shall not be responsible for any additional services provided to you, whether provided by the travel service providers or otherwise, which are not set out in your confirmation invoice and the information we provided to you regarding the services prior to booking.

(2) We will not be responsible or pay you compensation for any personal injury or death unless you are able to prove that it was caused by our negligence or the negligence of our suppliers.

(3) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

(a) the acts and/or omissions of the person affected; or

(b) the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or

(c) Events Beyond Our Control (as defined in condition 10).

(4) We limit the amount of compensation we may have to pay you if we are found liable under this clause:

(a) loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.

(b) Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking. Nothing in these Booking Conditions limits or excludes liability for death or personal injury caused by our negligence, fraud, or any other liability which cannot be limited or excluded under applicable law.

(c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel:

i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.

ii) In any circumstances in which a carrier is liable to you by virtue of UK Regulation (EC) No 261/2004 (as retained in UK law) (denied boarding and flight disruption), any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.

iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.

(5) Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services set out in the confirmation invoice and the information we provided to you regarding the services prior to booking and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation in respect of any claim for damages or compensation whatsoever will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us

(6) It is a condition of our acceptance of liability under this condition that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.

(7) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.

(8) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:

(a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you;

(b) relate to any business;

(c) indirect or consequential loss of any kind.

(9) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.

(10) Where it is impossible for you to return to your departure point as per the agreed return date of your holiday, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday. For the purposes of this clause, “unavoidable and extraordinary circumstances” may include warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.

20. Excursions

If you purchase any optional activities that are not part of your pre-booked itinerary, the contract for the provision of that activity will be between you and the activity provider. The decision to partake in any such activity is entirely at your own discretion and risk. If you do have any complaint about, or problem with, any optional activity purchased overseas your claim should be directed to the activity provider and not to us.

21. Insolvency Protection & ATOL

We provide financial security for flight-inclusive packages by way of our Air Travel Organiser’s Licence number 5882, issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: claims@caa.co.uk.

When you buy an ATOL protected product from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. For further information, visit the ATOL website at www.atol.org.uk. The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to customers who book and pay in the United Kingdom.

We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).

If we, or the suppliers identified on your ATOL certificate (if any), are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.

For all other packages, the Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under the Package Travel and Linked Travel Arrangements Regulations 2018. Adventure Peaks Ltd is a member of ABTOT with membership number 5689. ABTOT provides financial protection for your package holiday. This protection provides for a refund in the event that you have not yet travelled, or for repatriation if transportation was included in your non-flight package. Please note that bookings made outside the UK are only protected by ABTOT when purchased directly with Adventure Peaks Ltd. In the unlikely event that you require assistance whilst abroad due to our financial failure, please call the 24/7 helpline on 01702 811397 and advise that you are a customer of an ABTOT-protected travel company. You can find out more about ABTOT here: https://www.abtot.com/

You can access the Package Travel and Linked Travel Arrangements Regulations 2018 here: https://www.legislation.gov.uk/uksi/2018/634/contents/made

If you book arrangements other than package holidays from us, your monies will not be financially protected. Please ask us for further details.

22. Entry, Passport, Visa & Immigration Requirements, Safety & Health Formalities

We can only provide general information regarding entry, passport, visa, immigration requirements and safety and health formalities applicable to your package itinerary. It is your responsibility to check such requirements (in good time before departure), in order to make your decisions to fulfil such requirements regarding your destination and/or the country(ies) through which you may be transiting through.

Such information which you may need to check includes (but is not limited to) passport requirements including how valid your passport must be after return date, whether your passport must be machine readable or which visas/waivers may be required for entry such as ESTA for USA travel, ETA for UK travel and/or ETIAS for EU travel.

You must check requirements for your own specific circumstances with the relevant bodies as applicable. We have provided a few useful resources below, though it is your responsibility to check and see if such a body would be relevant to yourself.

• the Foreign, Commonwealth and Development Office ( “FCDO”, https://www.gov.uk/travelaware ) (applicable to UK residents);
• UK Passport Office ( 0870 5210410 or https://www.gov.uk/browse/citizenship ).
• Embassies, High Commission and/or Consulates;
• Your own doctor.

For UK residents booking European travel, you should obtain a UK Global Health Insurance Card (UK GHIC) prior to departure which may provide limited medical treatment in most EEA countries. However, such cover may be extremely limited and for emergency purposes only. Nevertheless, all passengers to any destination should obtain comprehensive medical insurance prior to departure, including cover for emergency medical treatment and associated costs.

We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any entry, passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any entry passport, visa, immigration requirements or health formalities.

23. Conditions of Suppliers

Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.

24. Prompt Assistance

If, whilst you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.

25. Delays, Missed Transport Arrangements & Other Travel Information

If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.

Under UK Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at UK airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.

We cannot accept liability for any delay which is due to any of the reasons set out in condition 10 of these Booking Conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).

The carrier(s), flight timings and types of aircraft shown in this brochure or on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know.

Please note the existence of a “UK Air Safety list” (available for inspection at https://www.caa.co.uk/commercial-industry/airlines/licensing/requirements-and-guidance/third-country-operator-certificates/) detailing air carriers that are subject to an operating ban within the UK.

This website/brochure is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.

If you book to join a trip on a ‘land only’ basis, we cannot accept any responsibility for any of the travel arrangements that you make in order to join that trip. We accept no financial liability that may arise from any enforced change to your travel plans due to any alteration of the trip dates, the itinerary or its cancellation, howsoever caused. You are advised to book transferable, refundable travel tickets with no penalties should a cancellation be necessary. Transfers to and from the destination airport and the first and last hotel are not included.

26. Advance Passenger Information

A number of Governments are introducing new requirements for our suppliers to provide personal information about all travellers to the Authorities prior to travellers arriving at the destination. The data will be collected either at the time of or after a booking is made. Where we collect this data, we will treat it in accordance with our Privacy Policy.

27. SAFETY WARNING

Most trips involve going to high-altitude and carry an inherent risk of altitude illness. Similarly, most trips visit remote locations or poorly developed regions where infrastructure is limited. In such places, the risks to health are increased and the ability to treat injury or illness effectively is reduced. Additionally, anything that involves crossing glaciated terrain or snow-bound passes, are hazardous activities with a risk of serious injury or death. By agreeing to these booking conditions you acknowledge these hazards and your acceptance of the associated risks.

Mountaineering and Trekking can be dangerous and carry an inherent risk of injury or death, which cannot be eliminated. You must accept that, although we do our utmost to reduce risk, there always remains a chance of accidents happening. Our leaders will continually make decisions about prevailing snow conditions, the weather and the ability of individuals and the group with safety in mind. They will make professional judgements to minimise the risk of objective dangers such as avalanche, ice-fall or stone-fall and weather, but these risks cannot always be predicted nor removed whilst in the mountains. All mountaineering and trekking at high altitude involves risks of altitude illness. Whilst our expeditions and treks have an appropriate acclimatisation period this cannot entirely remove the dangers of altitude as individuals acclimatise at different rates and the symptoms can be unpredictable. Severe cases necessitate descent and, in extreme cases death can occur.

10th June 2026