These Terms and Conditions set out the agreement made between Sporting Opportunities (SO), whose registered address is Hamilton House, 80 Stokes Croft, Brirstol, BS1 3QY, United Kingdom, hereinafter referred to as, ‘We' or ‘Us' (with ‘Our’ being construed accordingly), and You, as further defined below, in respect of a Project/Tour arranged by Us.
“Application Form” means the form provided by Us to those wishing to apply for a Project/Tour, Your signature on which indicates Your intention to be bound by these Terms and Conditions.
“Booking Confirmation” means a confirmation email from Us stating that You have been accepted for a Project/Tour subject to the provisions of Clause 2.3 below.
“Contract” means a signed Application Form together with a Booking Confirmation and these Terms and Conditions.
“Deposit” means the sum payable by You with the submission of Your Application Form for a Project/Tour.
“Final Payment” means the balance of the Project/Tour Fee after deduction of the Deposit paid.
“SO Coordinator” means the individual nominated by Us to manage Your Project/Tour in-country, and to whom all issues that arise during the Project/Tour should be addressed.
“Project/Tour” means Your place on an activity trip organised by Us and includes accommodation, social activities and in-country support plus those specific additional items set out in the Project/Tour description on Our website at www.sportingopportunities.com. For the avoidance of doubt a Project/Tour does NOT include flights, insurance, visas, vaccinations, United Kingdom or foreign taxes or personal spending money. Unless stated otherwise in the Project/Tour description, a Project/Tour does not include internal travel within the destination country.
“Project/Tour Fee” means the full price of the Project/Tour as set out on the invoice in accordance with the provisions of Clause 3.2.
“Significant change” to a Project/Tour is defined as a change where one or all of the following occurs:
(i) Failure to offer promised qualifications (only when Our instructors reasonably consider You capable of taking the appropriate examination); or
(ii) Change in the duration of the Project/Tour by any more than 1 week (excepting factors beyond Our reasonable control, as listed in Clause 4 below).
For the avoidance of doubt, Significant Change will not include changes to planned social activities, or any other event or factor beyond those specified in (i) and (ii) above.
“Sub-contractor” means a third party providing goods or services in respect of Your Project/Tour where these goods or services are a material part of the Project/Tour as defined above and the costs for such goods or services are included within the Project/Tour Fee.
“Third Party Supplier” means a third party providing goods or services to You through a direct contractual relationship with You.
“You” means the applicant whose name appears on the Application Form, and the terms “Your” and “Yours” shall be construed accordingly. If the applicant is under the age of 18 years at the time of application, the form must be counter signed by the applicant’s legal guardian or parent. The legal guardian or parent will be bound by these Terms and Conditions and will be responsible both for the acceptance of the risks and liabilities set out herein on behalf of the applicant and for the compliance of the applicant with these Terms and Conditions until the applicant reaches 18 years of age, after which if the applicant continues with the Project/Tour then the applicant will be deemed to have accepted and shall be bound by these Terms and Conditions.
2 Conditions of Entry
2.1 We will endeavour to confirm or refuse Your application for a Project/Tour within 14 working days of the receipt of Your completed Application Form and Deposit. If You are not accepted for Your desired Project/Tour, then We will offer You a possible alternative or immediately refund the Deposit that You have paid. You may, at Your discretion, refuse any offered alternative and in this event We shall immediately refund the Deposit that You have paid.
2.2 If We are able to offer You a suitable Project/Tour then We shall send You a Booking Confirmation via email together with an invoice for the Final Payment.
2.3 Your Booking Confirmation is subject to the following conditions:
(a) You shall pay the Final Payment no later than twelve (12) weeks prior to Your Project/Tour’s scheduled start-date;
(b) You shall provide Your travel details, including flight numbers, evidence of full travel and medical insurance for the duration of the Project/Tour, and emergency contact information within the timescales specified by Us on the invoice;
(c) You shall disclose any medical conditions that may affect your full participation in any activity on Your Project/Tour and warrant that You are medically fit to participate. If We request it, You shall undergo a full health check and produce a medical certificate in respect of such health check no later than 8 weeks prior to Your Project/Tour’s scheduled start-date. If you have applied for a scuba Course, You shall confirm that You are medically fit to participate in such a Course by providing a dive certificate of health prepared by a qualified Doctor no later than 8 weeks prior to Your Courses’s scheduled start-date;
(d) If you have applied for a Project/Tour where You will be working with children or other vulnerable persons then Your Project/Tour shall be subject to acceptable references and/or a police check through an umbrella organisation registered to, and authorised by, the Criminal Records Bureau (CRB). You will be notified in advance if either or both of these are required;
(e) You shall abide by Our Code of Conduct which can be viewed at Clause 12 below and by the terms and conditions set out herein; and
(f) You shall comply with the laws, customs, foreign exchange and drug regulations of all countries visited during Your Project/Tour. If You are found to be violating such laws and regulations or otherwise interfering with the wellbeing of other Clients, staff, or Third Party Suppliers, this will result in the SO Coordinator taking the action detailed in Clauses 2.4 and 10.
2.4 In the event that You do not comply with the provisions of Clause 2.3 then We may at Our discretion deem Your Project/Tour to be terminated in accordance with the provisions of Clause 8 or offer You an alternative Project/Tour. In the particular case of Your breach of the provisions of paragraphs (e) or (f) of Clause 2.3 then You may be required by the SO Coordinator to leave the Project/Tour and, if appropriate, the country, without reimbursement of Your Project/Tour fees.
2.5 If in the reasonable opinion of the instructor or the SO Coordinator Your continued participation in a particular activity or Project/Tour may result in either personal harm to Yourself or other participants or disruption of the activity or Project/Tour then the SO Coordinator may at their sole discretion instigate the Disciplinary Process as set out in Clause 10.
3 Our Programmes
3.1 You accept that any information supplied by Us regarding Project/Tours, including content published by third party advertisers, is provided in good faith and based on the knowledge and information available to Us prior to publication of the written material and sometimes months prior to the date of departure. You accept that for the latest information on Project/Tours, including Project/Tour prices You should speak, write or email directly to Our representatives at Our office using the contact details on Our website at www.sportingopportunities.com.
3.2 Our Project/Tour prices are set as given on the website, either on the date of Your signature on the Application Form, or no more than 5 working days before the receipt of the completed Application Form at Our Registered Office, whichever is the later. The price in force at this time shall be reflected on the invoice sent to You with Your Booking Confirmation.
3.3 Note that the price of items outside the scope of the Project/Tour, such as visas, airfares, United Kingdom or foreign taxes or costs associated with local events and activities not included in the Project/Tour may vary and We accept no liability for any increases in such prices.
3.4 You accept that dates for flights to and from Your Project/Tour may fall outside of Your invoiced Project/Tour duration. In the event that You require accommodation for days falling outside of Your Project/Tour duration, then, provided We have sufficient accommodation available, We may offer this to You at the prevailing local rate.
3.5 We reserve the right (in very rare circumstances) to make alterations to a Project/Tour without notice, including alterations to the itinerary. If the alterations cause a Significant Change in the structure or duration of the Project/Tour prior to the start-date of Your Project/Tour, You will be entitled to change Your choice of Project/Tour, or receive a refund of the Project/Tour Fee, if paid. This shall be the limit of Our liability in the event of a significant change to the Project/Tour. Should the change be effected during the Project/Tour, Our liability shall be limited to a refund of the Project/Tour Fee pro-rata according to the percentage of the total planned Project/Tour time that has already elapsed (for example if 50% of the Project/Tour has taken place, then We will refund 50% of the Project/Tour Fee).
3.6 You shall comply with all reasonable requests of the SO Coordinator with respect to matters relating to the organisation of the Project/Tour and the safety and wellbeing of Yourself and others.
3.7 You agree to abide by the Terms and Conditions of all Third Party Suppliers who may provide You with other products or services during, or in travelling to the Project/Tour. If We have provided You with the details of such Third Party Suppliers or assisted You in procuring the services of such Third Party Suppliers this information and/or assistance is given for Your convenience only and does not constitute an endorsement of the said Third Party Supplier. We accept no liability in respect of products or services procured by You from Third Party Suppliers, such as but not restricted to, travel agents, insurance providers and local suppliers.
4.1 Nothing in this Agreement shall exclude or limit Our liability for (i) fraud or other criminal act, (ii) personal injury or death caused by the negligence of Our employees in connection with the performance of their duties hereunder or by defects in any product supplied pursuant to this Agreement, or (iii) any other liability that cannot be excluded by law.
4.2 Subject to Clause 4.1 in no event will We be liable under this Agreement for any damages resulting from: (i) cancellation of flights or costs resulting from missed flights, (ii) loss of opportunity, and/or (iii) any indirect or consequential loss. Such liability is excluded whether such damages were reasonably foreseeable or actually foreseen.
4.3 Except as provided in Clause 4.1 Our maximum aggregate liability to You for any cause whatsoever shall be for direct costs and damages only and will be limited to a sum equivalent to 125% of the Project/Tour Fee paid and payable by You under this Agreement.
4.4 We hereby exclude to the fullest extent permissible under the applicable law all liability that We have not expressly accepted in this Agreement. These limitations will apply regardless of the form of action, whether under statute, in contract, tort, including negligence, or any other form of action. For the purposes of this Clause 4, “We” includes Our employees, Sub-contractors, licensors and suppliers who shall therefore have the benefit of the limits and exclusions of liability set out in this Clause in terms of the Contracts (Rights of Third Parties) Act 1999.
4.5 Save as provided in Clause 4.6 You shall have no remedy in respect of any representation (whether written or oral) made to You upon which You relied in entering into this Agreement.
4.6 Nothing in this Agreement shall exclude or limit Our liability for any misrepresentation made by Us fraudulently.
4.7 We will not accept any responsibility for any illness, accident or loss, weather conditions, fire, civil or military disturbance, criminal activity, industrial action, mechanical breakdown, quarantine, border closures, government intervention or other event of force majeure where such events arise for reasons other than Our negligence. Although such circumstances are beyond our control, We shall make every effort to provide You with assistance if You are in difficulty. Should it become necessary to abandon a Project/Tour because of such an event, We will be entitled to retain such monies received necessary to cover costs incurred.
4.8 You accept that weather conditions may prompt the cancellation of scheduled events within a Project/Tour, and that We cannot be held responsible for such cancellations. Cancellation of events or sessions due to adverse weather conditions will be entirely at the discretion of the instructors or the SO Coordinator. No reimbursements will be made by Us for events or sessions lost to bad weather.
4.9 We accept no liability in respect of products or services procured by You from Third Party Suppliers or in respect of activities undertaken by You that are outside of those specified for Your Project/Tour.
5 Health and Safety
5.1 You are advised that the host countries for Our Project/Tours do not supply comprehensive free health services.
5.2 Whilst We are committed to ensuring the safety of Our clients, We do not accept liability for any negligence on the part of Third Party Suppliers or any other agents used by You, which are not connected to Your Project/Tour. Otherwise, We will provide as much assistance as is possible, whilst limiting that assistance to non-financial support. Any further help will be provided at the discretion of the SO Coordinator.
5.3 Should We, in case of emergency, provide You with any financial support, You are obliged to reimburse all monies given to You by Us within 6 weeks of the Project/Tour end-date. The provision of such financial support is entirely at Our discretion.
5.4 You accept that all sports carry some risk of personal injury. You have the right to refuse the taking of any risks which You believe may endanger Your health and safety, or which are not covered by Your insurance as set out in Clause 6.1 below, and You agree that We will not be held liable for any injury or damage caused to You where You have taken a risk willingly, and the injury or damage arose other than as a result of Our negligence.
5.5 You accept that the health facilities in Your Project/Tour country may be of a lower standard to Your home country and consequently may not provide the level of treatment You expect in the case of an emergency.
6.1 You accept that it is compulsory to obtain travel insurance to cover personal accident, medical and hospital expenses and repatriation. Your insurance must cover cancellation, curtailment, repatriation, legal expenses, medical and emergency travel, personal accident, personal liability, rescue and assistance, hijack, and travel delay. You are obliged to ensure that Your policy covers all sporting activities that You may be involved in during Your Project/Tour, which are provided by Our approved suppliers.
6.2 Your Policy cover should extend beyond the planned length of the Project/Tour by at least two weeks. You acknowledge that, although We have said this is the minimal level, it still may not be adequate. We recommend that independent advice be taken.
6.3 We accept no responsibility for the loss of or damage to Your personal property unless it is caused by Our negligence, and it is recommended that You have personal insurance to cover loss of personal property by theft or accident.
6.4 You agree to indemnify Us in respect of any claim for loss or damage arising from any accident, personal injury, loss of life or damage to property caused by You during the course of the Project/Tour.
6.5 In the event of any damage caused by You to Our property You agree to reimburse Us in respect of any such costs and damages within 8 weeks of the Project/Tour end-date.
6.6 You are also advised to be aware of current Foreign Office travel advice in respect of countries to which You are travelling. See www.fco.gov.uk for further details.
7.1 Where a visa is required for the Project/Tour, We will provide You with visa application forms (if You are a UK citizen), a letter of invitation where necessary and advice on filling in the necessary forms.
7.2 Please note that all visas are issued entirely at the discretion of the embassy concerned.
7.3 We are not responsible for the issue of visas. You are responsible for ensuring that Your passport, visas and any other travel documents are valid for the duration of Your Project/Tour.
8 Cancellations and Amendments Policy
8.1 You acknowledge that Your payment for a Project/Tour contributes to the overall costs of equipment, staff and administration, incurred by Us in planning and organising Your Project/Tour, and that We will have incurred the largest part of Our costs on a non-recoverable basis before the Project/Tour start-date. Therefore if Your Project/Tour is terminated either by Us in accordance with Clause 2.4 above or by You for any reason other than Our breach of this Agreement then the deposit is non-refundable. If the termination takes place:
- up to 60 days prior to departure we shall refund to You 100% of the Project/Tour Fee, if paid, except for the deposit amount
- less than 60 days prior to departure, all monies are non-refundable.
For the avoidance of doubt, in the event that You have not paid the applicable Project/Tour Fee as at the date of termination then You shall be liable for the balance of the Project/Tour Fee due less any amount due to be refunded.
8.2 Any request from You to amend a booking must be put in writing and sent to Our office. If we agree to transfer Your booking to an alternative Project/Tour, then provided such an alternative Project/Tour commences within 12 months of the original booked Project/Tour start-date, We will transfer the Project/Tour Fee or any part of the Project/Tour Fee that You have paid to the new Project/Tour less a sum of £50.00 to cover Our costs incurred in re-arranging the booking.
8.3 In the unlikely event of Us cancelling Your Project/Tour before the specified start-date other than as a result of a force majeure event as set out in Clause 4.7 above, We will refund to You whatever portion of the Project/Tour Fee You have paid. This will be the full extent of Our liability.
8.4 In the event of cancellation of a Project/Tour as a result of a force majeure event as set out in Clause 4.7 above then We shall retain whatever portion of the Project/Tour Fee paid is necessary to cover Our reasonable expenses incurred in organising the Project/Tour and refund to You the remainder. This will be the full extent of Our liability.
8.5 If You leave Your Project/Tour before the specified Project/Tour end-date other than as a result of Our breach of this Agreement, no refund will be made to You.
9.1 With regard to any complaint or claim in connection with Your Project/Tour, You agree:
9.1.1 to ensure that, at the earliest possible opportunity, any perceived failure in the performance or improper performance of the contract, whether by Us or Our Sub-contractors, is communicated to the SO Coordinator so that Your concerns can be addressed; and
9.1.2 to notify Us in writing at Our offices as set out above with regard to any unresolved complaint or claim within 30 days of the Project/Tour end-date, setting out:
(a) the details of Your Project/Tour
(b) the nature of Your complaint or claim
(c) how best You feel We can resolve Your complaint or claim.
9.2 Any complaints directed against the SO Coordinator should be raised by phone or email directly to Us at our office.
9.3 Upon receipt of Your complaint or claim We shall investigate the details set out in Your notification and shall use Our reasonable endeavours to contact You within 14 working days of receipt of Your notification to address Your complaint or claim.
10 Disciplinary Procedures
10.1 The Disciplinary Procedure may be invoked under Clause 2.3 or Clause 2.4 at the sole discretion of the SO Coordinator. If at any stage You feel that this procedure is being applied unfairly or without cause, You should raise this directly with The Coordinator and, if You feel the matter has not been resolved to Your satisfaction, You may raise a complaint in accordance with Clause 9 above.
10.2 The Disciplinary Procedure is as follows (unless otherwise stated in the Code of Conduct):
(a) Upon the first incident of unacceptable behaviour or a breach of the Code of Conduct, the SO Coordinator shall warn You verbally that Your behaviour is unacceptable and shall explain to You the reasons for this unacceptability.
(b) If such behaviour or breach continues, the SO Coordinator shall provide You with a written warning, stating that any recurrence may result in You being required by the SO Coordinator to leave the Project/Tour and, if appropriate, the country, without reimbursement of Your Project/Tour fees.
(c) Upon a subsequent repeat of the unacceptable behaviour or upon a serious breach of the Code of Conduct the SO Coordinator may, at their sole discretion, require that You leave the Project/Tour and, if appropriate, the country, without reimbursement of Your Project/Tour fees.
10.3 In the event that the Disciplinary Procedure is invoked under Clause 10.2 and You are required to leave Your Project/Tour and, if appropriate, the country, You agree to do so without causing fuss, disturbance or aggravation and at the time specified by the SO Coordinator.
11 Personal Data and Image Rights
11.1 In order to provide the services included within Your Project/Tour and to meet Our obligations with respect to Your health and safety We may distribute Your personal details, including but not limited to Your name, contact address, phone number, email address, and emergency contact and/or next of kin details to Our Sub-contractors who are involved in the provision of Your Project/Tour. . Some of these Sub-contractors are located in countries not regulated by equivalent provisions to those in the Data Protection Act 1998 (“the Act”) and You will not be able to rely on these provisions to ensure the security of Your personal data as defined within the Act. We shall request Our Sub-contractors to keep Your personal data confidential and to use it only for the purposes for which it is supplied and shall use Our reasonable endeavours to ensure each Sub-contractor’s compliance with this request. In submitting Your Application Form You accept that You are consenting to the transfer of Your personal data as set out in this Clause 11.1.
11.2 We may retain Your contact details after the Project/Tour end-date, for the purpose of providing You with information regarding other products or services that may be of interest to You. If You prefer not to receive such information, please notify Us in writing or by email.
11.3 We own the copyright and all intellectual property rights in any photographic, audio or video material produced by Our employees or agents which is produced during Your Project/Tour (the “Material”). You agree that We may use any such Material in which You appear for promotional and marketing purposes only and provided always that Our use of such Material shall not be in Our reasonable opinion defamatory or damaging to Your personal reputation. If You would prefer Us not to use such Material as described herein, please indicate this to Us in writing or by email. In the event that You believe either during or after Your Project/Tour that some Material may be defamatory or otherwise detrimental to You, You shall notify Us in writing or by email as soon as possible and We shall use Our reasonable endeavours to withdraw any such Material already published and shall cease to use any such Material in any further marketing or other publications forthwith.
12 Code of Conduct
12.1 You understand that by undertaking a Project/Tour arranged by Us you will be representing Us throughout the entire time you are living, working and interacting with the local community overseas. Furthermore, You will owe a duty of care to anyone who is involved with Your Project/Tour. Therefore, You agree to abide by the following Code of Conduct during Your Project/Tour and accept that should Your behaviour fail to comply with any of the conditions outlined below, the SO Coordinator reserves the right to commence the Disciplinary Procedure in accordance with the provisions of Clause 10 above which may ultimately result in the termination of Your Project/Tour and accommodation agreement.
12.2 The Code of Conduct is as follows:
(a) You will at all times respect local attitudes, cultures and beliefs. Specifically, You will not make comments of a derisory, sexist, or racist nature to anyone during Your stay. And You will dress, speak and behave appropriately at all times.
(b) You will not act in any way that is considered to be an anti-social manner by the SO Coordinator or local inhabitants at any time during Your stay. You will adhere to this specifically while under the influence of alcohol.
(c) If You are undertaking a volunteer Project/Tour, You agree to attend the minimum hours of Your Project/Tour provided by and agreed by Us. The agreed hours will be a minimum of four (4) hours per weekday (Monday – Friday) unless otherwise expressly stated in literature given to you or by the SO Coordinator. You understand that You have made a commitment to Your Project/Tour and will perform to the best of Your ability.
(d) You will arrive at Your Project/Tour on time each day and, in the event that You are delayed or cannot attend Your Project/Tour altogether, You will notify the Coordinator as far in advance as is reasonably possible. Alternatively, You may notify another individual, such as the SO Instructor or In-Country Staff member associated with your Project/Tour, provided that this individual has been expressly nominated in advance by the SO Coordinator.
(e) You will not take any time out from Your Project/Tour in order to undertake personal in-country travel or to spend time with friends or family unless You have obtained the express permission from the SO Coordinator.
(f) You will not spend the night away from Your accommodation unless You have obtained the express permission from the SO Coordinator.
(g) You will not allow any person to enter or spend the night at Your accommodation unless You have obtained the express permission from the SO Coordinator.
(h) You will leave Your accommodation on the Project/Tour End Date stated on your invoice unless You have obtained the express permission from the SO Coordinator. This includes local home-stays that You may have stayed with during Your Project/Tour which We sourced and introduced to You. You will not leave Your Project/Tour earlier than the intended end date without consulting the SO Coordinator.
(i) You will ensure that any equipment used by You, whether personal belongings or otherwise, are cleared away and kept tidy and orderly at all times, in both personal and communal living areas of the accommodation. You will treat Your Accommodation with respect. Failure to do so may result in You being asked to leave Your Project/Tour.
(j) You agree to drink alcohol only in moderation throughout Your entire time abroad. The SO Coordinator will explain the drinking rules that apply to Your Project/Tour when You arrive in-country and, if You are informed of any local customs by the SO Coordinator, for example, concerning prohibitions or limits on alcohol consumption, You will adhere to and respect those customs.
Furthermore, unless otherwise permitted by the SO Coordinator, You will not consume any alcohol from Sunday up until Friday evening. This rule may be relaxed on Friday evening and Saturday provided You have obtained the express permission from the SO Coordinator. You understand that We have a zero-tolerance policy on this matter and anyone who is caught consuming alcohol or is suspected of consuming alcohol outside the times permitted by the SO Coordinator may be asked to leave their Project/Tour and Accommodation immediately in accordance with the provisions of Clause 10.2(c) of these Terms and Conditions.
(k) You will not buy, handle or consume any illegal substance during Your stay. You understand that We have a zero-tolerance policy on this matter and anyone who is caught in possession of illegal substances or is suspected of using or handling them will be asked to leave their Project/Tour and Accommodation immediately in accordance with the provisions of Clause 10.2(c) above.
(l) You acknowledge that We explicitly advise against You developing sexual relations with any persons in the country where You are staying and You do so at Your own risk. Specifically, You accept and understand that there may be different attitudes to sexual relations in the countries that You visit, and that this could result in danger to Yourself. You also accept that health facilities may be of a lower standard in Your Project/Tour country and that HIV/AIDS and other sexually transmitted diseases may also be common. You acknowledge that You are aware of the risks of unplanned pregnancy, HIV/AIDS and other sexually transmitted diseases involved in unprotected sexual relations. You also acknowledge that You are aware that drugs are sometimes used in cases of rape/non-consensual sex and this may be a risk while socialising during Your Project/Tour.
(m) You will follow the advice of the SO Coordinator at all times. Failure to do so may put You or others in danger and may lead to You being asked to leave Your Project/Tour and Accommodation immediately in accordance with the provisions of Clause 10.2(c) above.
(n) You are responsible for Your health and wellbeing. You agree to deal with any medical ailment immediately and seek medical attention and the advice of Your medical assistance company, should You require it. You accept that health facilities in Your Project/Tour country may be of a lower standard than You are used to.
(o) You will ensure that return flight date falls before the expiration of any in country visa requirement. You understand that You need to obtain Your visa (if required).
13 Agreement to Terms and Conditions
13.1 It is important that You read and understand these Terms and Conditions prior to submitting Your Application Form. If You have any questions or concerns about the meaning of any item in these Terms and Conditions, You are requested to raise these with Us before submitting Your Application Form.
14.1 This contract is subject to English law and is subject to the exclusive jurisdiction of the English Courts.
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