Trident Adventure – Terms and Conditions
Please read these terms and conditions carefully as it contains important information on who we are, how we operate, how to make a booking, and how to contact us if you are dissatisfied with our services. It also explains your rights in relation to our outdoor sports activities and how to contact us in the event you require further information.
The following definitions shall apply to this Notice:
“You, Participants” a person who is booked onto a Trident Adventure trip/course/expedition.
“Force Majeure” means unusual or unforeseeable circumstances beyond our control or the control of leaders, coaches, guides, hotels, flight operators, and any other third party providing Travel Services (together, “Providers”) in regards to our sports activity, the consequences of which neither we nor the Providers could avoid even with all due care, including, but not limited to, epidemic or outbreaks of illness, war, threat of war, riot, civil strife, industrial dispute, terrorist activity or threat of it, natural or nuclear disaster, fire, flood, drought, technical problems with transport, machinery or equipment, power failure, changes imposed by rescheduling or cancellation of flights by an airline, closure or congestion of airports or ports, and adverse weather conditions.
“Package” is the combination of at least two or more Travel Services sold together by the same travel agent/website/point of sale for the same trip or holiday, as duly defined in article 2 of the Regulation.
“LTA” refer to travel linked arrangements as defined in article 2 of the Regulation, and it is the combination of at least two or more Travel Services sold for the same trip, not constituting a Package, resulting in the conclusion of separate contracts with different individual service providers, if a company facilitates (a) on the occasion of a single visit to, or contact with, such a company’s point of sale, the separate selection and separate payment of each Travel Service; or(b) in a targeted manner, the procurement of at least one additional Travel Service from another company where a contract with such other company is concluded at the latest 24 hours after the confirmation of the booking of the first Travel Service.
“Travel Services” refer to transport, accommodation, car rental and any other touristic service not intrinsically part of those services, as duly defined in article 2 of the Regulation.
2. About us
2.1. Who we are. We are Trident Adventure (“we” “us” “our” “Company”).
2.2. We are a guiding company, which provides expert and qualified guides to run our itineraries. Additionally, we offer training in aspects of our trips prior to departure. We also plan and maintain relationships with 3rd party providers globally, and write and control our itineraries.
2.3. Key distinctions with a travel company, tour operator, retailer of travel services or organiser of travel package. To better understand our regulatory position, please read thoroughly the following distinctions:
(a) Businesses that make available travel services and/or holiday arrangements are subject to various regulations that are designated to protect customers. As a sports club, we are not subject to those regulations. Click on the links below to go straight to more information on each relevant regulation:
▪ The Package Travel and Linked Travel Arrangements Regulations 2018 (Regulation) https://www.legislation.gov.uk/ukdsi/2018/9780111168479/contents
▪ The Air Travel Organiser’s Licence (ATOL) Regulations 2012, as amended [http://www.legislation.gov.uk/uksi/2012/1017/contents/made]; and
▪ The Civil Aviation (Contributions to the Air Travel Trust) Regulations 2007 [http://www.legislation.gov.uk/uksi/2007/2999/contents/made].
These regulations apply to travel arrangements sold or offered for sale in the UK.
(b) We only provide outdoor sports activities. We do not offer holiday Packages for sale, nor do we facilitate LTA. We may however occasionally do so on a not-for-profit basis and only for a limited group of Participants insofar it is possible under the Regulation – Please read article 7.2. of this Notice for more information.
(c) You do not benefit from rights applying to Packages and LTA under the Regulation when booking an outdoor activity with us. We do not provide legal and/or financial protection for our activities, be the former the protection provided to you as a consumer if some elements of the holiday are not provided or are not as expected (for example the right to refund if bad weather means your holiday cannot go ahead), whilst the latter be a refund in the unlikely event of our insolvency. Be assured, though. We will make every effort in our conversations and meetings with you, to ensure that everything is in place for you to relax and enjoy every aspect of your time with us.
Key rights are under the Regulation may be viewed here https://www.legislation.gov.uk/uksi/2018/634/schedule/2/made; https://www.legislation.gov.uk/uksi/2018/634/schedule/5/made.
Please contact us https://www.tridentadventure.com if you need further clarification.
(d) We are not be responsible for the proper performance of Travel Services provided by third parties, including but not limited to accommodation, flight operators, in-country mountain guides and coaches. If you are dissatisfied with their services, please contact the relevant service provider.
(e) We do sale nor offer for sale air holidays and flights; hence our sports activities are not ATOL protected. ATOL is a protection scheme for air holidays and flights managed by the Civil Aviation Authority (‘CAA”). All tour operators and travel companies selling air holidays and flights in the UK are required by law to hold a license called an Air Travel Organiser’s License (“ATOL”). ATOL protect customers from losing their money or being stranded abroad.
2.4. How to contact us. Please contact us by email if you need any further clarification on the matters herein outlined.
3.1. How we will accept your booking. Our acceptance of your booking will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2. Your right to change mind. You have 14 days after the day we email you to confirm we accept your booking to change your mind and receive a refund, as per the Consumer Contracts Regulations 2013, which will be made within 14 days of your telling us you have changed your mind. We will refund you by the method you used for payment.
3.3. If we cannot accept your booking. If we are unable to accept your booking, we will inform you of this in writing and will not charge you for the activity booked. This might be, as an example, because we are unable to provide the activity due to unusual or unforeseeable circumstances beyond our control or the control of leaders, coaches, and other professionals involved in the activity.
4. Price & Information on our website
4.1. Price. The price of any activities (which includes VAT where applicable) will be the price indicated on the confirmation page when you purchased a Voucher. The price does not include accommodation, transport, flight, and any other Travel Services provided by third party.
4.2. Accuracy of the information. We endeavour to ensure that the descriptions, information and prices on our website are accurate. It is always possible that, despite our best efforts, some errors occur and we reserve the right to correct prices and other details in such circumstances.
5. Sports Activities
5.1. All the activities are subject to availability. Due to the nature of some of the activities, these can change at short notice. In the event that a particular activity is not available, we will endeavour to provide another activity for you to enjoy.
5.2. Your rights to make changes. If you wish to make a change to the activity you have booked please contact us as soon as possible. We will do our best to make the change but cannot guarantee to do so. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the activity or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. An administrative fee of [£50 per participant] shall apply to the change.
5.3. You may replace yourself with another person who satisfies all of the conditions applicable our bookings. In order to do so, you must give us notice in writing of your intention at least 8 weeks before the day the activity is due to start. We will inform you of any additional fees, charges or other costs in relation to the replacement, all which must be reasonable and which will not exceed those actually incurred, and we will provide proof of those costs, if necessary. You and the person you are replacing yourself with will both be liable to pay these replacement costs.
5.4. Cancellation by us. We reserve the right to cancel any activities that are subject to a minimum number of participants where there are insufficient numbers or where we cannot perform the activity due to unavoidable and extraordinary circumstances and we notify you as soon as reasonable possible. When a cancellation occurs, we will offer you a Voucher for a substitute activity. If you are dissatisfied with our offer and decide to refuse it, we will make a refund of the total price you paid to us at the time of booking. If it is necessary to cancel your travel arrangements, compensation will not be payable by us in the event of Force Majeure or where there are insufficient numbers to operate the activity.
5.5. Cancellation by you. If you need to cancel your activity you must contact us immediately. All cancellation requests must be in writing, signed by you, and acknowledged by us. Since we incur costs in cancelling your arrangements, all cancellations are subject to an administrative fee, details of which are as follows:
Notice of cancellation.
Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% .
Administrative fee for activities
8 Weeks before departure
0 % of the total participation fee
8 to 6 Weeks before departure
50 % of the total participation fee
Less than 6 weeks prior departure
100 % of the total participation fee
Important Note: Coronavirus cancellations: For all trips suspended due to COVID-19 please see below which over-rides all our general booking conditions.
We would like to reassure you that your safety, health and wellbeing is our top priority. We have a duty to you and to the communities we operate in to ensure that everyone is safe and provided with the most up to date advice regarding the situation in the destinations that we travel in. Because of this, we are always compliant with any FCO (Foreign Commonwealth Office) & WHO (World Health Organisation) guidelines regarding travel to our destinations.
We are offering all customers booked on trips during this time the following –
1) Free date change to a 2022 date.
2) 100% Full refund.
Please note; we are not responsible for any loss of accommodation, travel and transport due to cancellation.
5.6. Minors. It is your sole responsibility as a parent or guardian of minors to ensure that it is safe and appropriate for them to attend an outdoor sports activity with us and that they will not pose a risk to their own safety, or that of others. Parents or guardians will be asked to sign a consent form prior to departure.
5.7. Weather. We accept no responsibility for weather conditions experienced during your outdoor sports experience. We regret that no refund will be made by us if your activity is to be suspended, rescheduled or varied as a result of adverse weather conditions.
5.8. Special requirements. If you need to make any special arrangements, please contact us. We will let you know if your request can be accepted.
5.9. Outdoor activities provided by Trident Adventure are physically demanding or contact sports. You must be competent and fit enough to undertake these sports and you must take all reasonable precautions for your own safety and the safety of any other Participant for whom you might be responsible. When you are undertaking a sports activity under the guidance of a professional guide, leader, coach you agree to follow and abide by their reasonable instructions. You must accept that guides, leaders and coaches are responsible for your own safety and have the right to prevent you from participating in any activity if, in their reasonable opinion, you cannot participate safely because your fitness is inadequate, or your conduct may present a danger to other Participants. Trident Adventure, its directors and employees have no liability to you in these circumstances.
6. Your undertakings
6.1. Behaviour. We are committed to providing our Participants with an outstanding experience. You agree not to disrupt the enjoyment of other Participants nor to prejudice the reputation of Trident Adventure with third parties which might be involved in your sports activity. Should you behave unreasonably and cause danger to yourself or other Participants, we reserve the right to terminate promptly your participation and any activity associated therewith. We shall not be under any obligation whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative accommodation and return transportation arrangements) you may incur as a result of your activity and travel arrangements being terminated.
6.2. Equal opportunity and discrimination. Trident Adventure is committed to promoting equal opportunities in outdoor activities. Participants will receive equal treatment regardless of age, disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, colour, nationality, ethnic or national origin, religion or belief, sex or sexual orientation. Discrimination is therefore forbidden and leads to Participants being excluded immediately from any outdoor activity, be this in progress or yet to be provided. You agree to not unlawfully discriminate against or harass other people including Trident Adventure’s current and former employees, Participants, Leaders, Coaches and Guides. We regret that no refund will be made by us on your failure to comply with this article 6.2. of the Notice.
7. Travel Information
7.1. Air Travel, accommodation, transport. We do not sell or offer for sale Travel Services provided by third parties. Each Participant is responsible for making their own travel arrangements, including transportation, accommodation, and flights.
7.2. Group rates. Participants who wish to benefit from group rates for their own travel arrangements, hence sharing costs of air travel, accommodation and transport in respect of a mutual sports activity, may notify Trident Adventure of their determination, join a waiting list (List), and eventually appoint Trident Adventure to organise the details of such travel arrangements if they so wish, subject to article 2.3 (c) of this Notice. It is understood that Trident Adventure is a guiding company, not a travel company, has no involvements in any such travel arrangements which are neither run, supervised or controlled by Trident Adventure. They are run by third parties, and Trident Adventure cannot accept any liability in relation to any such activity. The role of Trident Adventure is limited to assisting Participants to go outdoors. It does not act as or on behalf of the tour operator. The booking is between the individual and the tour operator alone on the terms and conditions as set out in the tour operator’s brochure.
7.3. Passport. Most of our activities take place out of the UK. It is your sole responsibility to be in possession of a valid passport and any visa which may be necessary for you going outdoors with Trident Adventure. Please contact the Foreign & Commonwealth Office for further assistance https://www.gov.uk/foreign-travel-advice. We accept no liability for you failing to comply with this article 7.3. of this Notice.
7.4. Insurance. It is your sole responsibility to ensure that you are fit and suitably insured for the activities intended to be undertaken outdoor, especially for those that might imply a high risk. Any activities and events are at your own risk. We cannot accept any injury, loss, or damage whatsoever. For your own protection, it is a condition of booking that you have insurance which covers for personal injury, death, medical and repatriation costs in the countries whereby sports activities take place, together with cover for loss of baggage and valuables, personal liability, delay, cancellation, curtailment, missed departure and legal expenses. Please be ready to provide details of your own insurance if necessary
8. Medical and safety requirements
8.1. Medical requirements. You must receive a medical exam prior to engaging in any outdoor activity. Recent hospitalisations, surgery, chronic illness, debilitating conditions or other medical history precludes your participation in any sports activity provided by Trident Adventure. It is a condition of booking to have a valid medical certificate and to answer our safety questions. Please contact your GP and be ready to provide a medical certificate to your coaches, leaders and guides if so requested. It is also your sole responsibility to notify us if your health conditions change prior to the participation in any of our sports activity.
8.2. Disabilities. If you have any medical problem or disability which may affect your booking, please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen arrangements. Acting reasonably, if we are unable to properly accommodate your needs, we will not confirm your booking.
9. Our liability
9.1. We are not responsible for services provided by third parties. Trident Adventure, as a guiding company, is not responsible for the proper performance of all the Travel Services connected with your sports activity. We do not own or manage the aircraft, ships, accommodation, restaurants and other facilities you might use in conjunction with the activities advertised in our website.
9.2. Technical equipment. We are also not liable for the breakdown or non-operation of technical equipment.
9.3. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with the terms of this Notice, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
9.4. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the activity booked.
10. How we may use your personal information
11. Other important terms
11.1. Complaints. We are strongly committed to maintaining an effective complaint handling procedure, please speak to us at the earliest opportunity.
11.2. Electronic signature. This Notice (and, where applicable, each counterpart and any other Documents) may be executed by electronic signature by Participants and Trident Adventure, Trident Adventure may rely on the receipt of such document so executed by electronic means as if the original had been received.
11.3. Force Majeure. Trident Adventure cannot be held responsible for any delay or non-performance of our obligations for Force Majeure. We are not responsible for any unforeseen circumstances that are beyond our control, such as war, civil unrest, terrorist action, riot, industrial action, natural disaster, weather conditions, pandemic or fire. If we are affected by Force Majeure, we shall use reasonable endeavours to mitigate the impact of any event of Force Majeure and to recommence performance of our obligations under this Notice as soon as is reasonably practicable.
11.4. Assignment. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
11.5. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of the terms of this Notice operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the terms of this Notice, their subject matter or formation in the English courts. If you live in Scotland you can bring legal proceedings in respect of the terms of this Notice, their subject matter or formation in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.