|By booking or participating in The Island Challenge unique package and any related products or services (a “Tour”) with The Island Challenge. (“The Island Challenge” or the “Tour Operator”), you (“you”) agree to these Terms & Conditions (the “Terms”).
By booking a Tour you acknowledge that you have read, understand and agree to be bound by these Terms. If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these Terms on behalf of the other participants in your party.
|1. THE BOOKING CONTRACT
Your booking is confirmed and a contract exists when you book online or your travel agent issues a written confirmation after receipt of the applicable deposit amount. Please check your confirmation carefully and report any incorrect or incomplete information to The Island Challenge or authorized agent immediately. Please ensure that names are exactly as stated in the relevant passport.
You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to us or the Tour Operator.
|2. PAYMENT SCHEDULE
A 35% deposit is required to ensure your reservation. The balance is then due 45 days prior to your trip start date. Final acceptance of any participant is subject to receipt and review of all required forms, documents, and payment. You have 7 days to send us all your documents by email to confirm your booking.
|3. BOOKING ON BEHALF OF OTHERS
By booking on behalf of other participants you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your Tour booking, notifying The Island Challenge or your Travel Agent if any changes or cancellations are required and keeping your party informed.By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and The Island Challenge will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.
|4. EQUIRED MEDICAL INFORMATION
You must provide any medical information reasonably requested by the Tour Operator and may be required to complete The Island Challenge’s medical information form (the “Medical Form”), available on our website.Medical Forms are mandatory. If you have any pre-existing medical conditions which may impact your or their ability to travel, participate to the contest, travel to remote areas without access to medical facilities or may adversely affect the experience of others on your experience, you must return a Medical Form, signed by a licensed and practicing physician to the Tour Operator prior to or at the time of final payment for the applicable booking.
You agree to complete the Medical Form honestly and to disclose all relevant medical information accurately and fully.
The Island Challenge reserves the right to request further information or professional medical opinions where necessary, as determined in its discretion, for your safety or the safe operation of the contest.
The Island Challenge reserves the right to deny you permission to travel or participate in any aspect of the challenge at any time and at your own risk and expense where the organization determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others.
Pregnancy is considered a medical condition and must be disclosed to The Island Challenge at the time of booking. We refuse to allow pregnant women to participate. The Island Challenge may refuse to allow anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged.
In the event that you do not complete the required Medical Form or provide the relevant medical information required by The Island Challenge, for any reason by the deadline indicated above, we reserve the right to cancel your booking and all applicable cancellation fees will apply.You are personally responsible for assessing whether a Competition is suitable for you. You should consult your physician to confirm your fitness for travel and participation in any planned activities. You should seek your physician’s advice on vaccinations and medical precautions. The Island Challenge does not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the Tour, based on your own unique circumstances, limitations, fitness level and medical requirements.
Travel with The Island Challenge may involve visiting remote or developing regions, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country.
|5. PECIAL REQUIREMENTS
Any special requirements must be disclosed to The Island Challenge at the time of booking. The Island Challenge will use reasonable efforts to accommodate special requirements or requests but this is not always possible given the nature of the destinations visited and availability of options outside a planned program. Certain activities may be inaccessible to you if your mobility is limited in any way. All food allergies and dietary restrictions must be disclosed to The Island Challenge at the time of booking but The Island Challenge cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these Terms or the contract between you and The Island Challenge and the Tour Operator is not liable for any failure to accommodate or fulfill such requests.
|6. AGE REQUIREMENTS
Anyone under the age of 18 on the date of first day of the competition can’t be considered as a potential contestant. To book your adventure trip with The Island Challenge you must be 18 years or above.
There is no maximum age for contestants as long as you fit all other mandatory requirements.
|7. MANDATORY INSURANCE REQUIREMENTS
YOU MUST HAVE TRAVEL INSURANCE WITH A MINIMUM MEDICAL, EVACUATION AND REPATRIATION COVERAGE OF US$200,000 covering all applicable dates of travel with The Island Challenge. This insurance must cover personal injury and emergency medical expenses. On the first day of each Tour a representative of The Island Challenge will verify that you have sufficient insurance in place. You are strongly recommended to extend your coverage to include cancellation, curtailment, and all other expenses that may arise as a result of loss, damage, injury, delay or inconvenience while traveling. You acknowledge that insurance coverage is not included in the cost of any Tour offered by the Tour Operator and you are required to obtain separate coverage at an additional cost. It is your responsibility to ensure that you have sufficient coverage and comply with the terms of the applicable insurance plans. You are responsible for advising your insurer of the type of travel, destination(s) and activities included in your booking so that the insurer may provide appropriate coverage.
|8. PRICES, SURCHARGES AND TAXES
The published price of the Tour and any products or services offered by The Island Challenge is subject to change at any time, before or after booking confirmation and upto 30 days before departure. Tours are priced and advertised exclusive of applicable sales taxes. After a confirmation invoice has been issued by the Tour Operator, the Tour Operator reserves the right to impose surcharges on any products or services booked for reasons arising from increases in transportation costs, fuel costs, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports, local operator costs, currency and exchange fluctuations, increases in taxes, or government action which impacts the price of the applicable products or services; provided, however, the Tour Operator will only do so where the increase in question is greater than 2% of the original price paid for the products or services (excluding add-ons, insurance, and taxes). Upon learning of the necessity to impose a surcharge in accordance with this section the Tour Operator will provide notice to you as soon as reasonably possible.
Where the increase in price is greater than 7% of the original price of the applicable products or services (excluding add-ons, insurance and taxes), you may choose to either:
(a) cancel the applicable booking without incurring any penalty; or
(b) accept the change of price.
You must notify the Tour Operator of your choice within 14 days of receipt of notice of the increase or you will be deemed to have accepted the price change and will be liable for payment of the increase.
From time-to-time the Tour Operator may offer reduced pricing on certain products or services. Reduced pricing applies only to new bookings. Bookings where payment of at least a deposit has been received by the Tour Operator are not entitled to reduced pricing.
All dates and prices of Tours are subject to change at any time and the current price will be quoted and confirmed at the time of booking, subject to any surcharges that may be levied in accordance these Terms.
You acknowledge that you are responsible for keeping up to date on the specific details of your Tour and any other products or services, including, but not limited to checking the Tour Operator’s website at least 72 hours prior to departure as minor changes may have been made after the time of booking.
|10. DETAILS REQUIRED FOR BOOKING
As a condition of booking you must provide the information requested by The Island Challenge along with final payment. If you fail to provide all required information prior to the date on which full payment is due an administrative fee will be charged for any costs incurred by The Island Challenge as a result of your failure to provide the required information. If you fail to supply information required by the Tour Operator for air tickets, permits, or other inclusions, you will also be liable for any costs, fees or losses including failure to obtain or provide that inclusion. In the event that you fail to supply information required by the Tour Operator, the Tour Operator also reserves the right to treat your booking (or the relevant component of your booking) as cancelled and levy any cancellation fees deemed reasonable by The Island Challenge at its sole discretion. The information required by the Tour Operator will vary by Tour and will be communicated to you or to The Island Challenge’s authorized agent during the booking process. The Island Challenge will not be held responsible for any fees you incur as a result of errors, omissions, inaccuracies, late, misplaced or otherwise incomplete information you have provided.
|11. FINAL PAYMENT & ACCEPTANCE OF BOOKING
The confirmation sent by The Island Challenge or your travel agent will contain details of the final payment required for any booking. Payment of the balance of the price for any products or services booked is due 45 days before the departure date of the first product or service included in the applicable booking. If full payment is not received by the applicable due date The Island Challenge may, at its sole discretion, change the rate payable for the booking, or treat the booking as cancelled and retain the deposit paid on booking as a cancellation fee. If a booking is made less than 45 days before the departure date of the first product included in the applicable booking, then the full amount must be paid at the time of booking. If, for any product or service booked, payment terms differ from those outlined in this section, the applicable terms will be communicated to you prior to booking and will also be detailed on the applicable invoice.
The Island Challenge is not responsible for any charges levied by third parties or financial institutions and payable by you as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by you to The Island Challenge.
|12. CANCELLATION AND REFUND POLICY
The Island Challenge reserves the right to cancel trips. The Island Challenge is not responsible for additional expenses incurred in preparation for the trip (for example: non-refundable advance purchase air tickets, clothing, equipment, visa fees, medical expenses, etc.).
If a trip is cancelled due to circumstances beyond our control and no alternate trip/itinerary is offered a trip credit equal to the full amount paid will be issued.
If you cancel or leave for any reason:
• More than 60 days prior to the trip start date, we will grant you the deposit refund less a $50 administrative fee*.
• Between 59 and 30 days prior to the trip start date, we will retain the deposit.
• Between 29 and 15 days prior to the trip start date, we will charge 75 percent of the trip cost.
• Less than 15 days prior to the trip start date, or once the trip has begun, there will be no refund.
|13. GUARANTEED DEPARTURES & CANCELLATION OF A TOUR BY THE TOUR OPERATOR
A departure date for a Tour offered by The Island Challenge will become a guaranteed departure when at least ten bookings secured by a valid deposit has been made on that departure.
The Island Challenge guarantees that all scheduled Tour departures booked and secured with a valid deposit will depart as indicated on the applicable confirmation, subject to reasonably itinerary changes as described in these Terms or good faith health and safety concerns. This guarantee is not applicable in the case of Force Majeure. Up to date Tour and itinerary information is available on The Island Challenge’s website or by contacting The Island Challenge. Brochures and other printed materials displaying Tour information and departure dates are subject to change may not be relied upon for purposes of this guarantee.
If a Tour is cancelled by The Island Challenge before the date of departure for reasons other than Force Majeure and the cancellation is not caused by your fault or negligence you will have the choice of accepting from the Tour Operator:
(a) a substitute Tour of equivalent or superior value; or
(b) a substitute Tour of lesser value if no Tour of equivalent or superior value is reasonably available and to recover from The Island Challenge the difference in price between the price of the Tour originally purchased and the substitute Tour; or
(c) a full refund of all monies paid for the cancelled Tour.
The Island Challenge is not responsible for any incidental expenses or consequential losses that you incur as a result of the cancelled booking including visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, The Island Challenge reserves the right to issue a full refund in lieu of the choices above at its sole discretion. Where a significant element of a Tour as described cannot be provided after departure, The Island Challenge will make suitable alternative arrangements where possible. If it is not possible to provide a suitable alternative or if you reasonably reject any suitable alternatives, The Island Challenge may provide you with a refund for unused products or services as determined at its discretion.The minimum or maximum size of the group enabling the journey or the trip to be carried out and, if the journey or stay is made subject to a minimum number of participants, the deadline for informing the consumer in the event of cancellation of the journey Or stay; This date may not be fixed less than twenty-one days before departure.
In the event of cancellation, due to insufficient number of registrants on a date or for any other reason, expenses outside of the journey subscribed to by The Island Challenge and incurred by the customer, such as transportation costs up to Cambodia, visa fees, travel documents, vaccination expenses will not be reimbursed.
|14. TRAVEL DOCUMENTS
It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies. You must have a passport that is valid for at least 6 months after the last date of travel with The Island Challenge as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the Tour, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by The Island Challenge that is a direct result of your failure to secure or be in possession of proper travel documentation. The Island Challenge does not provide advice on travel documents and makes no representations or warrantees as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and you agree that The Island Challenge is not responsible for any errors or omissions in this information.
|15. FLEXIBILITY & UNUSED SERVICES
You acknowledge that the nature of adventure travel requires flexibility and acknowledge that they will permit reasonable alterations to products, services or itineraries by The Island Challenge. The route, schedules, accommodation, activities, amenities and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of The Island Challenge (including, but not limited to: Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events and entry or border difficulties). No reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of the Tour Operator, including your removal from a Tour because of your negligence or breach of these Terms.
Changes made by The Island Challenge: The Island Challenge may modify your itinerary where reasonably required at its sole discretion. If The Island Challenge makes a change affecting at least one in three full days of the itinerary or which materially affects the character of a product or service in its entirety (a “Material Change”), The Island Challenge will provide notice to you as soon as reasonably possible, provided that there is sufficient time to do so before departure. If a Material Change is made more than 14 days before departure, you may choose to:
i) accept the Material Change and proceed with the amended product or service;
ii) book another product or service of equal or greater value, if available (you will be responsible for paying any difference in price); or
iii) book another product or service of lesser value, if available (with a refund payable to you for the difference in price); or
iv) cancel the amended product or service and receive a full refund for the land-only portion of the applicable product or service (a refund is not available for other products or services booked which are not subject to a Material Change).
You must notify The Island Challenge of your choice within 7 days of receiving notice or you will be deemed to accept the amended itinerary.
Once a Tour has departed, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment or comfort. Any changes are at the discretion of the Tour Operator. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel with the Tour Operator, whether or not such expenses arise from a change of itinerary as the Tour Operator is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. The Tour Operator will not be liable for any indirect and or consequential losses associated with any changes to a booking or itinerary.
Changes made by you: You are responsible for ensuring that information provided to the Tour Operator is accurate and up-to-date. Any changes to your name on any booking are subject to the Tour Operator’s approval. Any changes to a booking depend on availability and are subject to the Tour Operator’s approval and these Terms. Any extra costs incurred for making the change will be charged to you along with an administrative fee. Cancellation of any Tour, product or service included in a booking will not be considered a change for purposes of this section and will be governed by the applicable cancellation terms. No changes are permitted to any booking within 10 days of departure of the first product or service on the applicable booking.
|17. ACCEPTANCE OF RISK
You acknowledge that adventure travel and the products and services offered by the The Island Challenge may involve a significant amount of risk to your health and safety. By traveling with the The Island Challenge you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risk and releases the Tour Operator from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in Tour itineraries or otherwise offered by The Island Challenge.
You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with developing infrastructure. Standards of hygiene, accommodation and transport in certain countries where Tours take place are often lower than the standards you may reasonably expect in your home country or region. You agree that The Island Challenge is not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where a Tour, product or service is operated. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.
You must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should you fail to comply with the above or commit any illegal act when on Tour or, if in the opinion of the Tour Operator (acting reasonably), your behavior is causing or is likely to cause danger, distress or material annoyance to others, the Tour Operator may terminate your travel arrangements on any product or service immediately at your expense and without any liability on the Tour Operator’s part. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals.
You are responsible for any costs (including repair, replacement and cleaning fees) incurred by The Island Challenge or the Tour Operator’s suppliers for property damage, destruction or theft caused by you while on a Tour. You agree to immediately report any pre-existing damage to a representative of The Island Challenge and staff of the accommodation, transportation service, or facility as soon as possible upon discovery.
You agree to take all prudent measures in relation to your own safety while on Tour including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither the Tour Operator nor its Third Party Suppliers (as defined herein) are liable for loss or damages caused by your failure to comply with safety instructions or warnings.
You agree to bring any complaints to The Island Challenge as soon as possible in order to provide the Tour Operator with the opportunity to properly address such complaint. You agree to inform your tour leader, another representative of The Island Challenge or the Tour Operator’s customer service department directly. The Island Challenge assumes no liability for complaints that are not properly brought to the attention of the Tour Operator and cannot resolve or attempt to resolve complaints until proper notice is provided. Any complaint made after the completion of a Tour must be received in writing by the Tour Operator within 30 days of the last day of travel of the booking in question.
|18. THE TOUR OPERATOR IS NOT LIABLE FOR THIRD PARTY SUPPLIERS
The Tour Operator makes arrangements with accommodation providers, activity providers, airlines, cruise lines, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your booking. Third Party Suppliers may also engage the services of local operators and sub-contractors. Although the Tour Operator takes all reasonable care in selecting Third Party Suppliers, the Tour Operator is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third Party Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and the Tour Operator does not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.
THE TOUR OPERATOR IS NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY OTHER THAN THE TOUR OPERATOR AND ITS EMPLOYEES.
The Tour Operator is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.
|19. OPTIONAL EXTRAS
“Optional Extras” refers to any activity, transportation, meal, product or service not expressly included in the Tour itinerary or price of the Tour and do not form part of the Tour. You agree that any assistance given by the The Island Challenge’s representative(s) in arranging, selecting, or booking, any Optional Extras is purely at your request and the Tour Operator makes no warranties and expressly disclaims any liability whatsoever arising from participation in Optional Extras or any information provided by any representative of the The Island Challenge regarding any Optional Extras. You release the Tour Operator from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to or arising from participation in or booking of Optional Extras.
You acknowledge and agree that any liability for loss, damages, death, personal injury, illness, emotional distress, mental suffering or psychological injury or loss of or damage to property associated with Optional Extras is the sole responsibility of the third party providing that service or activity.
|20. FORCE MAJEURE
The Island Challenge will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for The Island Challenge failure to commence, perform or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of The Island Challenge; or an event which The Island Challenge or the Third Party Supplier of services, even with all due care, could not foresee any and all of which, individually and collectively, constitute “Force Majeure”.
|21. IMAGES AND MARKETING
You agree that, while participating in any Tour, images, photos or videos may be taken by other participants, The Island Challenge or its representatives that may contain or feature you. You consent to any such pictures being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to The Island Challenge, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.