TERMS AND CONDITIONS
These terms and conditions form the basis of the contract between you and Explorers Connect. The contract shall be formed when Explorers Connect acknowledges acceptance of a booking and has received the required payment. Applying to attend an Explorers Connect activity indicates that you agree to the terms and conditions as set out below.
1. Definitions
"The Company" means Explorers Connect Ltd, registered in England and Wales with No. 7598165
"Explorers Connect Event" means anything organised and hosted by the Company.
"Member" means any Member of Explorers Connect Limited or any person or persons intending to or who have applied for Membership of Explorers Connect Limited.
"You" means any person who is attending an Explorers Connect Event, or who is a member, a prospective member or a past member of Explorers Connect Ltd or - where the context permits - a guest of a member.
"Host" means someone who acts as a host and point of contact for Events. A Host is not a legal or authorised representative of the Company and cannot enter into any contractual obligations or liabilities on its behalf. Only Directors of the Company can do so.
"Activities" are events organised by Members or Preferred Suppliers, and as such are not regulated by the Company and will have no Host in attendance.
"Supplier" means any third-party supplier or organiser of an Explorers Connect Event.
"Preferred Suppliers" are 3rd party organisations advertising their events on the Company website
"Site" means all websites listed below in clause 2.1 and any official Explorers Connect Facebook Pages or Groups, together with all material on those websites or sent to you by e-mail or by any other means. Reference to the Site includes all intellectual property rights on the Site including but not limited to copyright, trademarks, database, member details and moral rights.
"Terms" mean these terms and conditions and any subsequent amendments as may be notified to you.
"Working day" is any day other than weekends and bank or other public holidays.
2. Formation of the Contract
2.1 These terms apply to all services and any goods supplied by the Company through www.explorersconnect.com together with any other Company domains and sub domains listed on any of the Sites. Any terms relating to the use of the Site(s) shall also apply.
2.2 Any quotation or information given by the Company is only an invitation to you to apply to take part in an Explorers Connect Event or for membership with the Company. No contract exists between you and the Company until the Company or, as the case may be, the Supplier has received and accepted your application and sends you a confirmation of acceptance.
3. Our Site
3.1 We reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
3.2 Any user identification code, password or other piece of information used as part of our security procedures must be treated as confidential, and must not be disclosed to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
3.3 You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
3.4 Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by user or member of our site, or by anyone who may be informed of any of its contents. You should not rely on any materials posted on our site for personal, medical, legal, financial or any other type of advice and we strongly recommend that you consult an appropriate qualified professional where necessary.
3.5 We aim to update our site regularly, and may change the content, including but not limited to the charges associated with the use of our site at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
4. Intellectual Property Rights
4.1 We are the owner or the licensee of all intellectual property rights in our site, and the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others to material posted on our site.
4.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
4.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
4.6 If you print off, copy or download any part of our site in breach of these terms of use, you must, at our option, return or destroy any copies of the materials you have made.
5. Payment & Prices
5.1 Payment for any Explorers Connect Event may be made online by credit/debit card or by telephone (0117 405 7497). Payment shall be made in GB Pounds sterling. No payment for any Explorers Connect Event shall be deemed to have been received until the Company has received cleared funds.
5.2 Every effort is made to ensure that prices for Explorers Connect Events shown on the Company’s site are accurate. If a booking has been accepted and an error is found, the Company will inform you as soon as possible and offer you the option of reconfirming for the Explorers Connect Event at the correct price or cancelling your booking for that Explorers Connect Event. If you cancel because of such error the Company will refund or re-credit you for any sum that has been paid by you except where the terms and conditions of the Supplier say otherwise.
5.3 To book an activity, you are required to either pay a deposit or pay in full, depending on the nature of the Explorers Connect Event.
5.4 A Customer is entitled to a discounted Earlybird Price for a booking if the booking is made before the Earlybird deadline and if the balance is paid on time as requested.
5.5 The Company offers discounted rates to Members. These rates are shown on the Company site and are available to anyone with a live membership at point of purchase. For Explorers Connect Events that involve a deposit or payment schedule, your membership needs to remain live for the duration of the payment schedule in order to benefit from the discounted rate throughout. If your membership is due to lapse during the payment schedule and you do not plan to renew it, then you may wish to prefer to pay in full upfront.
6. Cancellations by The Company
6.1 The Company does not cancel activities if it is raining or if it is not sunny, only in event of severe weather conditions that have an effect on safety will activities be postponed or cancelled. In the rare instance that it may be necessary, The Company reserves the right to cancel any activity where conditions prevent safe participation or participant cancellation make the activity unworkable. If The Company needs to cancel an activity then participants will be invited to transfer to another activity. Any difference in cost will be charged or credited to additional activities accordingly.
6.2 If the Company needs to cancel an activity due to reasons outside of its reasonable control participants will be invited to transfer to another activity. Any difference in cost will be charged or credited to additional activities accordingly. The transferred activity must take place no more than 18months from cancellation.
6.3 If the Company needs to cancel an activity due to reasons within its control, participants will be given a refund. The refund made will reflect only the activity or part of the activity cancelled and thus will be a part or full sum of the payment made to the Company. Liability shall be limited to the return of the sum paid by you.
6.4 If an Explorers Connect Event requires a minimum number of participants and that number is not met, the Company may cancel the Explorers Connect Event. Liability shall be limited to the return of the sum paid by you.
6.5 Some variations to the published times or arrangements for an Explorers Connect Event may be made. There may be no right to cancel or obtain a refund for the changes such as timing or the precise nature of equipment used or programme or content. Some Explorers Connect Events are dependent on weather or other factors outside the control of the Company and no right to cancellation or refund exists in these circumstances.
7. Cancellations by You
7.1 Should you wish to cancel your participation in an Explorers Connect Event after placing a booking you must notify the Company by email at the email address shown on the Site.
7.2 To cover our expenses, the following cancellation policy applies:
If your booking requires payment in full and you wish to cancel, we can offer a 50% refund if you notify us more than 8 weeks before the start date for UK trips or 12 weeks for international trips. Refunds will be given in the form of credit note. If you wish to cancel less than 8 weeks before the start date of a UK trip or less than 12 weeks before the start date of an international trip, then, we are unable to offer a refund.
If your booking requires a non-refundable deposit / staged payments and you wish to cancel, we will refund any monies paid in excess of the staged payment schedule.
In the event that a deposit is paid but the full amount is not paid within 6 weeks of an activity, this will be taken as a cancellation and no refund will be made.
In the event of a no-show or not arriving on time for an activity no refund will be made.
8. Your Responsibilities
8.1 The Company takes safety very seriously. However outdoor activities, by their very nature, do contain some element of risk and it is a condition of booking that you understand this. Participants must acknowledge these risks and take steps to act in their own best interests. For all Explorers Connect Events, it is recommended that you take out your own personal accident and travel insurance cover.
8.2 All bookings are on the basis that the customer will, at all times, observe the safety regulations and follow the safety instructions of our agents and activity providers. In the interests of safety, you undertake to follow the advice of your instructor or guide, and act sensibly and prudently at all times. Instructors reserve the right not to complete an activity with clients who may be deemed to be under the influence of alcohol or drugs or otherwise unfit to participate in the activity.
8.3 It is your responsibility to ensure that you are fit enough to undertake your chosen activity. The Company strongly advises against alcohol and/or drugs being consumed whilst you are undertaking an activity. The Company is not responsible for any accidents, illnesses or loss of any activity days as a result of alcohol and/or drug consumption.
8.4 For safety reasons, some activities may have certain age and health restrictions. It is your responsibility to inform us in advance of any medical conditions or injuries which we should be aware of relating to yourself or the people covered by your booking. You can do this by email of phone and it must be done as soon as possible. We cannot accept any responsibility for any condition not disclosed.
8.5 We do not accept bookings for persons under 18 years old.
8.6 All travel arrangements to the weekend are the sole responsibility of participants. Explorers Connect cannot facilitate local transport or other arrangements. In some cases it may be possible for members to share lifts with each other to attend an event and Explorers Connect may be able to liaise between members to facilitate this however participants do so at their own risk.
8.7 When you book with us, you accept responsibility for your own property and any equipment issued as part of an activity. You accept responsibility for any damage or loss caused by you or any member of your party and indemnify us against any claims (including legal costs) subsequently made against us as a result of your actions.
8.8 Participants bringing along valuables and personal property do so at their own risk and are responsible for their safety. Explorers Connect cannot be held liable for loss or damage to personal items.
8.9 The right to participate in an Explorers Connect Event is not transferable.
8.10 Participation in all Explorers Connect Events is at your risk or is governed by Suppliers’ Terms & Conditions. Because of the risk attached to some events you may be required to sign a form of disclaimer of liability as a condition of taking part. When refusal to do so prevents your participation in the Explorers Connect Event the Company shall have no liability to provide compensation.
8.11 The Company shall bear no responsibility for Activities added and organised by Members or Preferred Suppliers, nor for payments made by you for them. Members booking onto Activities organised by other Members or Preferred Suppliers do so entirely at their own risk and discretion.
8.12 Any complaints must be notified to Explorers Connect on the day so that attempts can be made to resolve any problems there and then.
8.13 You accept responsibility and the cost for repairs for any damages made by you or your party to the accommodation provided during your stay. We cannot accept liability for any personal injury, loss or damage which may be sustained by your party, or their guest, or their property during your stay at accommodation provided, except where it arises from the negligence or wilful default on our part. You will be held responsible for any serious damage done or loss sustained to property during your stay
8.14 At all times you shall conduct yourself in your relations with other guests or the General Public or Third Parties in a responsible, respectful and careful manner. The Company or Explorers Connect Event organisers can refuse admission if it is the opinion that you may be a risk to others or yourself or you are affecting the enjoyment of others or the running of the Event whether through unreasonable behaviour, drink, drugs or otherwise.
9. Responsibilities of The Company
9.1 The Company cannot accept responsibility unless you or any member of your party suffer as a result of any proven failure to perform, or improper performance of, any part of our contract with you by any of our employees, agents or sub-contractors (providing they were carrying out work authorised by us).
9.2 The Company cannot accept any responsibility where any injury, damage or loss resulted from; any act or omission of the person or persons affected, any act or omission of a third party not connected with your activity and which were not foreseen or unavoidable, an event which neither The Company nor the Supplier could have foreseen or avoided even with all due care.
9.3 Except for claims for personal injury or death, we limit the maximum amount we may have to pay you to the price paid in respect of each person affected.
10. Membership
10.1 Membership subscriptions will be specified on The Company’s Site and will be annual or monthly. All subscriptions and any other sums payable to the Company are payable in GB Pounds sterling and by becoming a member you agree that the Company may issue you with invoices in electronic format by e-mail should it wish to do so.
10.2 The Company may change its policy on subscriptions at any time and any change will be effective at the next renewal date and after the expiry of 1 month following the date of posting the change on the Site.
10.3 The subscription is payable annually or monthly in accordance with the sums set out on the Site. Any membership card issued by The Company remains the property of The Company. For administrative purposes the card will show an annual expiration date. If the annual subscription is not paid within 7 days of the periodic renewal date the card shall thereupon be returned to the Company and membership shall immediately be cancelled or suspended at the option of the Company.
10.4 Memberships are renewed automatically either monthly or annually based on the calendar date of your first payment. Renewal payments taken automatically from the debit card entered on our booking system.
10.5 You have the right to cancel the application for membership at any time up to the end of seven working days after your application for Membership is submitted via the Site. In this case you must email enquiries@explorersconnect.com with CANCEL SUBSCRIPTION in the subject line.
10.6 You can cancel the automatic renewal of your membership at any time by signing into your account at www.bookeo.com/explorersconnect/customer and navigating to the Membership page of your account.
10.7 The Company has the right in its absolute discretion to limit the number of members to refuse membership or renewal for any reason or to expel a member or prevent any member or guest from taking part in or continuing at any Explorers Connect Event.
10.8 Members must adhere to all rules of membership both online and at Explorers Connect Events and Activities
10.9 Membership is not transferable.
10.10 At all times you shall conduct yourself in your relations with other Members or their guests or the General Public or Third Parties in a responsible, respectful and careful manner. Members failing to behave correctly will have their membership cancelled and no refund will be offered. The Company or Explorers Connect Event organisers can refuse admission if it is the opinion that you may be a risk to others or yourself or you are affecting the enjoyment of others or the running of the Event whether through unreasonable behaviour, drink, drugs or otherwise.
10.11 The Company reserves the right to terminate your membership with immediate effect should you be found to breach these conditions.
10.12 You must be over 18 years of age to become a member.
10.13 Members are to only book onto Explorers Connect Events for their own sole use, and cannot do so on behalf of others without permission from the Company.
10.14 You must provide proof of membership (e.g. membership card) at Explorers Connect Events when requested to do so. Failure to do so may lead to inability to participate in an Explorers Connect Event.
10.15 By purchasing membership you are agreeing to be added to our newsletter. This is a benefit of membership as it keeps you updated on events and activities. Should you wish to unsubscribe you can do so at any time using the links available in the footer of the email.
11. Content Standards
11.1 These content standards apply to any and all material which you contribute to the Site (contributions), and to any interactive services associated with it.
11.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
11.3 You agree that your contributions will:
Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in the UK and in any country from which they are posted.
11.4 You agree that your contributions will not:
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
11.5 We are under no obligation to monitor contributions, however, we reserve the right to review the contributions and to remove them.
11.7 Always use caution when giving out information about yourself in any contribution. We do not control or endorse the content, messages or information found in any contribution and, therefore we disclaim all liability with regard to the contribution and any actions resulting from your participation in any contribution.
11.9 Contributions may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
11.10 Specifically on the Facebook Group pages: you cannot post anything that is not related directly to adventure, you cannot post anything that is not in the interests of the membership, you cannot promote your or anyone else's business or commercial projects without prior consent from Explorers Connect in writing. If you break these conditions you will be banned and no membership refund will be offered.
12. Delayed Delivery; Force Majeure etc.
12.1 Delayed delivery or failure of the Company to comply with any obligation hereunder whether for an Event or otherwise due to war, civil commotion, strikes, lock-outs, machine breakdown, fire, pandemic or force majeure or any cause whatsoever beyond the Company’s control will not involve liability on the part of the Company and the Company shall be entitled as its option to cancel the order or any part thereof or to postpone the Explorers Connect Event
13. Insurance
13.1 In view of the potentially dangerous nature of certain EC Events or Activities you are recommended to obtain your own personal accident and third party liability insurance through companies of your own choice and to suit your personal circumstances. Members shall have full responsibility for arranging their own suitable insurance.
13.2 Members and Preferred Suppliers should ensure that all events added where appropriate have adequate public liability insurance and abide by any applicable regulations.
14. Photographs
14.1 The Company will, as a matter of course, take photos and videos at Explorers Connect Events or activities for promotional purposes, and these may be posted to the Site or on social networking sites, or used elsewhere. If you would like us to remove, or not use, a photo or video of you then the Company will use its discretion to remove it or otherwise, upon being informed by you, but is under no obligation to do so. If you have any concerns or do not wish to be included in any photography please make it clear to The Company on booking.
15. Data Protection
15.1 The Company will take all reasonable precautions to keep the details of your applications and payment secure, but unless the Company is negligent, the Company will not be liable for unauthorised access to information supplied by you and in any event only to the value of the transaction conducted with the company.
15.2 The Company shall have no responsibility for loss or damage sustained by you arising from the passage of any computer virus or other damaging electronic message.
16. Indemnity
16.1 You agree to indemnify and hold the Company harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or arising from your negligence or breach of duty.
17. Limitation of Liability
17.1 Further to the provision of Clause 8.11 Members are reminded that the Company has no control over Activities organised by Members and attendance at and transport to these Activities, nor control over those attending or the information supplied, and is not responsible for the acts or other actions by other Members or guests. All our activities are physical and demanding sports, which obviously have inherent hazards associated with them. Whilst The Company, its agents and activity suppliers take all necessary precautions to try and ensure the safety of all participants, unfortunately accidents could occur in consequence. The Company accepts no responsibility whatsoever for any loss or injury resulting from any persons' involvement in activities. Furthermore, it is understood and agreed that individuals participate at their own risk
17.2 Nothing in these conditions excludes or limits the liability of The Company:
17.2.1 for death or personal injury caused by the negligence of The Company its officers or employees;
17.2.2 for any matter for which it would be illegal for The Company to exclude or attempt to exclude liability; or
17.2.3 for fraud or fraudulent misrepresentation.
17.3 Subject to clause 17.2:
17.3.1 The Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of its obligation shall be limited to the membership fee or the price of the EC Event; and
17.3.2 The Company shall not be liable to you for any pure economic loss, loss of profit, loss of business, or otherwise, whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Site, membership or an Explorers Connect Event.
18. General
18.1 The Company may amend these Terms at any time by giving you notice ("Notice") by either e-mail or by posting the amended Terms on the Site. Any amended Terms will govern new transactions from the date that it is posted on the Site. Users will be bound by the amended Terms after the expiry of 30 days following the date of a Notice.
18.2 Each right or remedy of the Company under the Terms is without prejudice to any other right or remedy of the Company whether under the Terms or not.
18.3 If any provision of the Terms is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Terms and the remainder of such provision shall continue in full force and effect.
18.4 Failure or delay by the Company in enforcing or partially enforcing any provision of the Terms will not be construed as a waiver of any of its rights under the Terms.
18.5 These terms of sale and the supply of the goods will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract.
18.6 Neither the Company nor you intend that any term of this Contract will be enforceable by any person that is not a party to it other than someone to whom the Company transfers its rights under this Contract.
18.7 The Company may assign the benefit of any contract to any person, firm or company.