For ‘The Trekking Company Limited’, referred to as ‘TrekCo’ These Terms and Conditions shall supersede any previously published Terms and Conditions. These Terms and Conditions should be read as special conditions applying for trips starting until 31st July 2021, related to the Covid-19 situation. Thereafter our normal Terms and Conditions shall apply. Section 1 – COVID-19 related Terms and Conditions Clearly during the Covid pandemic there have been difficulties for companies and schools regarding bookings. When booking for 2021 it is unlikely at present that you will be able to get cover for pandemics from insurers and we have agreed some temporary terms, developed in discussion with Finance Officers from schools and academy trusts. These terms are designed to protect schools and TrekCo from the financial consequences of last minute changes and we hope you will find them reasonable. These Terms and Conditions will apply initially: a) for trips departing between 1st September 2020 and 31st July 2021; b) to matters related only to COVID-19 – cancellation or changes for these reasons must be backed up with a letter from Public Health England or a Local Authority/Education Authority confirming that a school/year group/subset of students must isolate or be quarantined as a result of Covid. Any changes to trips unrelated to Covid or not backed up by the letter described will be covered by our normal Terms and Conditions as described below in Section 2. Temporary Terms and Conditions: TrekCo will charge a deposit for each trip of £5 + vat per student per day, with a minimum of £200 + vat per day. This is non-returnable. We will bill you as normal and ask for full payment 2 months before the trip. Until midnight 14 days prior to the trip, any monies paid except for the deposit will be returned in full if the school has to cancel because a set of students cannot attend the trip. A letter confirming this as described above will be required. After midnight 14 days prior to the trip, TrekCo will return monies paid excepting costs already incurred – for example any staff who have to be paid, irretrievable accommodation deposits etc. If the amount to be retained by TrekCo for costs incurred is less than the deposit, the greater amount will be retained. TrekCo’s decisions on which monies are to be retained will be final. TrekCo cannot guarantee any level of retained monies; however we undertake to do our best to minimise the cost to schools. Notes: These terms are designed to safeguard TrekCo from losses where a trip is cancelled at short notice. We are required to give two weeks’ notice in order to cancel working days, and after that period we may be obliged to pay staff whether they work or not. This also protects the school from larger losses – if you can’t get pandemic cover, you could be liable for 100% of the cost of a trip if cancelled at short notice. We will in all cases try to minimise the costs – for example, some staff are often happy to have a few days off and not to charge us for their services, and we would pass this on to you. Some accommodation providers will also not enforce their terms if they know that you have cancelled due to Covid. We will provide you with an honest declaration of our costs. We have created these terms in the hope that TrekCo and schools can co-operate to minimise damages for each other, and in the hope that these circumstances are not likely to occur. Example timing: a trip is due to leave on 15th June. Leave 14 clear days prior to 15th June and the deadline is 23.59pm on 31st May. Written confirmation is required in the form of letter or email to: email@example.com which must be received by us before 23.59. Matters relating to other students within the school who are not attending the trip cannot be considered under these Terms and Conditions. If a different group of students has to isolate or is otherwise affected, this will not be deemed relevant to these terms unless the students attending the trip are also forced to isolate and cannot attend the trip. These Terms and Conditions apply to the whole group, not individual students or subsets of the group as booked. These Terms and Conditions supersede the relevant sections of the Terms and Conditions set our below as ‘Normal terms and Conditions’, relating to payments and cancellations only. Section 2 – Normal Terms and Conditions 1. Bookings and Contracts A contract will only exist when we have received your deposit, and you have completed and returned your Course Agreement. The person signing the Course Agreement accepts the following conditions on behalf of the institution and all party members, and will be our sole point of contact for correspondence. The contract between us is governed by the Law of England and Wales. Your contract is with ‘The Trekking Company Limited’. 2. Deposits Before a booking can be considered firm, the Party Leader must sign the Course Agreement and forward the initial deposit of: Residentials: £50 + vat per person Day visits: £20 + vat per person Where student numbers are not known, we will accept a temporary deposit to hold dates of: Residentials and day visits: £500 + vat per day Teambuilding days: £750 + vat per day Or an amount agreed by the Directors No contract is entered into until the deposit has been paid and the Course Agreement has been received. The person signing the agreement shall accept the Terms and Conditions on behalf of the group/institution and all members of the group and certifies themselves authorised to do so. This deposit is not refundable under any circumstances. Please make cheques payable to ‘The Trekking Company Ltd’, or call us for bank details to make a BACS or Internet payment. No insurance is included in your price and therefore you should arrange for School Journey or equivalent insurance to be in place from the date of booking. The deposit is a deposit per participant, and the total deposit should not be deducted from the total sum should the number of participants be reduced. Balances must be paid at least 2 months prior to the course. All monies, whether deposit, balance or part balance, are non-refundable once paid; in the event of insufficient pupils wishing to participate you are still liable for payment for the number of pupils booked. We cannot refund as a result of management decisions, disinclination to travel, reduction in student numbers or any other matters out of our control. We again advise for your own protection that you ensure that you take out School Journey Insurance as soon as you book any trip. 3. Trip cost and Payment TrekCo reserves the right to change the price of trips at any time up until the contract has been signed and returned, and the deposit paid. After this point TrekCo will only change the price of the trip under these circumstances: – If unavoidable prices or costs to TrekCo related to the trip change by more than 2% after the trip is booked, this may be passed on to the client by way of a surcharge – for example ferries, fuel, accommodation fees. If this surcharge (and not including any amendments to the trip after the original specifications) should be greater than 10% of the cost of your trip, you will be entitled to cancel and claim a full refund. This must be done within 14 days of notice of the increase being given. – Additional requests are made which were not included in the original price quoted – for example requests for extra activities; changes in accommodation location, layout or facilities; extra adults joining the course; changes to the itinerary or any other factor causing extra expense. We require the final balance to be settled no later than two months prior to your visit or by return of post where receipt of invoice is within two months. If any interim payments or final balances are not received by the due dates, this will be a breach of the contract between us, entitling us to treat the booking as cancelled by you. In these circumstances, the contract between us will remain in force until you receive our written advice and cancellation invoice. Once payments are made, they are non-refundable although we may consider changes in numbers up to a maximum of 10% of the total if operational considerations permit us to do this. 4. Cancellation Group cancellation TrekCo ask for a non-refundable deposit for every visit. Please note that this is not returned under any circumstances. We may also request other non-refundable amounts on booking for special circumstances; for example to reserve accommodation a long time in advance when student numbers might be unknown. These amounts too are non-refundable under any circumstances. In the event of cancellation of a visit, any monies paid are forfeit. The group/organisation is liable for the full amount of all monies had the trip gone ahead with the anticipated number of students. This number shall be that indicated on the Course Agreement; if the organiser has not indicated a number on the Course Agreement then the number will be taken as that indicated in previous correspondence with the course organiser. Individual cancellation In the event of cancellation by a paying member more than two months before your visit, the deposit and any interim payments may be transferred to a substitute member. If no substitute member is available, then monies paid are not returnable but should be claimed from the school journey insurance. Please note that cancellation of a place by school management decision, for example student exclusion, is still cancellation as TrekCo have no control over these issues. In the event of individual cancellation any non-recoverable monies paid to TrekCo as detailed above should be claimed by the school on the school journey insurance if they are for medical or emergency reasons. Please do not ask for refunds from TrekCo for individual cancellations; TrekCo cannot act an insurer and claims must be made with the insurers. If you have paid a ‘per day’ deposit on the basis that the number of students taking part is not known, the above conditions apply. The deposit for an individual shall be taken to be the TrekCo deposit charge per person as laid out above. The date of effective cancellation is calculated on the day of receipt by TrekCo of written advice. This may be by letter, email or fax. TrekCo cannot be liable for non-receipt of communications for whatever reason – please ask for confirmation of receipt if you do not receive a reply within 2 working days. If any cancellation brings the number of pupils below the minimum number required to qualify for a particular price, then the price will be adjusted accordingly. We do not make any administrative charge for amendments. 5. Insurance You should take out School Journey Insurance for your course when you book. This should insure you against cancellation etc. from that date. Any pupils withdrawing from the trip with good reason will therefore have the facility to claim for this. We are not permitted to take out insurance for you. We have £10 million Public Liability Insurance cover. This does not cover any travel policy type claims such as injury, cancellation, loss of baggage etc., but is cover in the case of, for example, a negligence claim in case of accident. Your personal property, including baggage, is your own responsibility at all times unless any loss or damage is due to our negligence. Please note that items left in any vehicles are not insured under vehicle insurances and must be covered by your own policy as normal. 6. Activities The activities agreed, or general type of activities, are listed on your course agreement. We make every effort to ensure that the activities you prefer are on your timetable; however, when the site is busy it is sometimes impossible to organise every one of your preferences. The time to agree this is when you book, as nearer to the date all timetables will have been finalised. We cannot undertake to give you an exact timetable for your course, as these may change with circumstances, pupil numbers and other factors – we are happy to supply timetables on a provisional basis, but please don’t make definite, inflexible plans based on these. The Trekking Company reserve the right to alter, suspend, cancel or curtail sessions for safety reasons. This may include the weather, student behaviour or other factors. We will always try to replace cancelled activities with other activities but if we do need to modify a timetable there will be no refunds. The decision of the Instructor on the spot will be final – you employ us to ensure safety in the instruction of outdoor activities and this is an essential safeguard for that provision. The arrangements in this website or when quoted to you are given in good faith. Occasionally we have to make organisational changes and we reserve the right to do so at any time. Most changes will be minor and all will be advised at the earliest possible date. In the unlikely event of it proving necessary to alter significantly or cancel your visit due to the weather, we will offer a suitable alternative. No employee of TrekCo has the authority to alter or amend any terms or change any visit or activities or any part of the itinerary, cost or conditions, and no agreement with any employee without the express written agreement of one of the Directors shall be binding. 7. Your communications with Parents and Participants It is essential that you relay correct information to parents/guardians/carers regarding the trip, the company (TrekCo), the activities undertaken, transport arrangements, facilities available, and any special arrangements such as dietary or medical issues. You are responsible also for correctly relaying to us any dietary or medical information regarding participants (including adults and teaching staff). Students’ medical forms must be available to us during the visit. Please ensure that in your communications with parents you list all of the activities to be undertaken, explain what they involve, and mention that in some circumstances (e.g. bad weather) alternative activities might be undertaken. 8. Force Majeure We cannot accept liability where the performance of our obligations is prevented or affected by, or you suffer any damage, loss or expense of any nature whatsoever, as a result of ‘force majeure’. This means any event which we could not foresee or avoid. Such events may include war, threat of war, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, human or agricultural diseases, and all similar events outside of our control 9. Liability We will only accept responsibility for any personal illness, injury or death which results from the negligent (as the word is understood in English law) acts or omissions of any servant or agent, or any supplier working on our behalf in the provision of services or facilities to you and whilst acting within the scope of their employment. We can only be liable for the provision of special requests where we have confirmed their availability in writing beforehand. We cannot be held responsible for the failure of any computer or communication equipment or computer programme for any reason. TrekCo does not accept liability or responsibility for personal injury to, or the death of any participant howsoever caused unless by the proven negligence of TrekCo, employees, suppliers or subcontractors. In addition, TrekCo is not liable for death, injury or illness caused by an activity outside of the company’s activities. 10. Complaints Procedure If there is any problem with your visit, we want to be the first to hear about it. It is essential that you contact your Course Leader as soon as possible so that we can try to rectify the situation on the spot. In the unlikely event that the matter remains unresolved, please write to us immediately on your return. Notice in writing of any complaint or dispute must be received by us within 28 days of the date on which the visit ended. 11. Personal Property Your personal property, including baggage, is your own responsibility at all times, unless any loss or damage is due to our negligence or failure to carry out our responsibility. 12. Supervision Teachers and/or other adults accompanying the party agree to act ‘in loco parentis’ at all times and will adequately supervise all members of the party. We cannot provide the pastoral supervision of students at any time; all pastoral, health and disciplinary matters must be supervised by school appointed staff It is the Party Leader’s responsibility to ensure that: a) No group member under 18 (or the local legal age limit) consumes alcoholic beverages. b) No group member smokes on coaches, in any accommodation, in any smoke free places or behaves in any other way which may cause a fire hazard. c) All party members wear the lap belts provided for all journeys by coach and minibus. d) No party member breaks a UK or local law. These matters must be discussed with party members prior to your visit. 15. Health Matters The Party Leader signing the Booking Form is entirely responsible for passing on any health information to TrekCo. It is the Party Leader’s responsibility to ensure that all members of their party are capable of fulfilling all aspects of the visit. If it is felt that any member of the party is either not sufficiently fit, healthy or able to participate in or complete a visit without the health or safety of that person or any other person (including other group members) being endangered, the Course Leader at any stage has the right to require them to leave the visit under the supervision of the Party Leader or other nominated adult member of the party. 16. Special Requests Any special requests must be clearly notified to us in writing. We do our best to meet any special requests made by you and ensure that these are forwarded to the appropriate persons. We cannot guarantee, however, that special requests will be fulfilled and failure to do so does not constitute a breach of contract. Special requests will only be held to form part of the contract between you and the Company when they have been confirmed in writing to be guaranteed by the Company. 17. Ages & Additional Adults a) Prices are valid for pupils in full time education, aged up to 18 years on the day of departure unless otherwise specified. b) Accompanying adults over and above the free place allowance may join the visit at a supplementary charge, subject to availability of accommodation. 18. Additional Requirements We are continually working to enable all young people to enjoy the many benefits of our visits. If members of your party have additional requirements, relating for example to disability, culture, diet etc, please provide full details at the time of booking. We will be pleased to undertake a fair assessment of service provision and identify appropriate resources with reference to such considerations as access, successful participation and health and safety. 19. Data Protection We have measures in place to protect the personal booking information held by us. The contact details supplied, including postal address, telephone and email address, will only be used to fulfil visit administration and to communicate details of TrekCo’s and our associated companies’ products and services. 20. Photography We occasionally employ a photographer to take pictures for use in TrekCo promotional material. If any member of your group wishes NOT to appear in any such photography, please let us know prior to your visit. You agree that we may use such images in promotional, advertising or publicity material in any form whatsoever. You further agree that copyright rests with TrekCo. 21. Marketing TrekCo may use your written feedback in promotional materials whether it reaches us in letters or on our feedback forms. If you do not wish to be quoted, please could you inform us on any written material you send us. 22. Website & Brochure Information The information contained in this website and any information sent is accurate and correct as far as can be reasonably ascertained on the publication date. If we ascertain ourselves or are notified of any subsequent changes to the details contained herein, we will advise you as soon as is reasonably possible.