The following terms and conditions form the basis of your contract with Spa Adventure Treks Ltd.
1. Checking availability of your chosen trip
In the first instance please email us to check availability of your chosen trip. (email: anne@freedomtrailtreks.com)
2. Booking
To make a booking each person must complete a booking form sent to you or completed online. Each client will be responsible for all payments due in respect of these booking conditions. By filling in this form it implies that you understand and accept the Terms and Conditions and agree to abide by them. Once your availability has been confirmed, you must promptly submit the booking form, via email or online. You must return your completed forms within two weeks of the date you confirmed interest by email. And no later than the date on which your final balance for the trip is due (this is shown on the invoice you received when your booking was confirmed). If the Company receives your forms outside of these time limits, no matter when you booked, the normal cancellation and transfer conditions will apply and you will be liable for the appropriate charges.
3. Deposit & Balance of payment
Your booking form must be accompanied by a £150 non-refundable deposit per person, paid by bank transfer (unless otherwise arranged). If booking 12 weeks or less pror to departure, the full amount must be paid on booking. If you choose to pay online the full amount will be payable in any case. A contract will exist between us when we have received your booking and confirmed receipt of your deposit, whichever is the latter. Once you have sent in your completed booking form you must pay your deposit within 5 calendar days. Your booking is not confirmed until your deposit is received. All bookings are subject to availability. Upon receipt of your booking form and all appropriate payments, we will confirm your booking by issuing an email of confirmation and a final invoice stating how much is remaining to be paid. If you have any queries now is the time to ask. It is your responsibility to check all the details contained in the letter, confirmation email and invoice are correct.
4. Balance of payment
The balance of payment should be made no later than 12 weeks before your holiday, referenced to the date on your receipt email. If payment has not been received by the due date, we reserve the right to cancel your booking and make a cancellation charge. For your protection, in accordance with the European Union Package Travel Regulations of 1992, any payments made to Spa Adventure Treks will be held in a secure account and not be touched until the end of your holiday.
5. Existence of a contract
The binding contract comes into existence when we dispatch our confirmation email and invoice to you.
6. Holiday insurance policies
Due to the dangerous nature of adventure and activity holidays, you must be adequately insured for your holiday. It is a condition of your contract with us that you are fully insured in respect of the risks set out below. It shall be your responsibility to ensure that you are properly insured in accordance with this condition. The risks that appear below are set out for your consideration only and are not intended to be exhaustive. You are strongly advised to seek advice from your insurance broker and/or your insurance company.
- medical treatment and repatriation
- cancellation and/or curtailment of holiday
- loss or theft of personal effects
- hospital benefits
- personal accident
- personal liability
- travel delay
- emergency helicopter rescue
- legal expenses.
You must be able to provide us with a copy of your insurance policy before we will let you partake in an activity. We reserve the right to cancel your holiday without compensation or refund if you fail to provide us with any information required regarding your insurance or if we are reasonably of the view that the insurance arrangements you have made are not adequate. Please ensure that the activities you will be participating in are covered by your policy and mountain activities must include helicopter rescue. You must also bring a valid EHIC card. We reserve the right to curtail your holiday if you have no suitable insurance policy arranged. You agree to indemnify us from any claim whatsoever arising from your failure to comply with this condition 6.
7. Spa Adventure Treks Ltd insurance
We hold Tour operator professional indemnity Insurance with insurers Campbell Irvine. If you would like to see a copy, contact us.
8. Costs of your holiday
Any costs are included in the programme information which you receive. If it is necessary for you to leave the programme due to illness or injury, any additional costs outside the programme will be payable by you.
9. Changes made to your holiday itinerary
Spa Adventure Treks Ltd adheres to planned itineraries wherever possible. The group leader has total discretion to alter the programme at any time in the interest of client safety. This could include weather conditions or any other circumstances that might affect the safety or enjoyment of the group. You will be asked to sign an activity questionnaire to determine your competence and suitability which includes a waiver release. If you have any questions about your suitability, please ask.
10. Changes made by you to your holiday
Should you wish to make any changes to your holiday after we have issued your email of confirmation, you must advise us in writing (email or letter). Whilst we will endeavour to assist, we cannot guarantee we will be able to meet such requests and there may be an administrative cost involved.
If you are unable to travel then usually you would be eligible for cancellation charges as written below. However, as long as it is 6 weeks or more in advance of your departure, and you have informed us in writing at this time, you may be able to transfer your place to someone else. In this case, there will be an admin charge of £25 per booking, payable by the person cancelling their place, to make the transfer.
11. Cancellation of your holiday, trip by you
If you are unable to take your holiday and have to cancel, your deposit will be forfeited to cover our costs. We recommend that you take out suitable travel insurance to protect you financially in the event that you are forced to cancel your holiday. Cancellation charges will then be payable as set out below to compensate us for the cost of making your booking, our obligations to hotels and the risk that we may be unable to re-sell your cancelled arrangements. These charges are calculated from the date that written notice of the cancellation is received by us.
The following periods, before departure, within which written notification of cancellation is received by us, apply for individual bookings:
- More than 42 days (6 weeks): £150 deposit is held by Spa Adventure Treks Ltd.
- 15 — 42 days: 50 percent of the total price payable or paid will be held by Spa Adventure Treks Ltd.
- Less than 15: 100 percent of the total amount is due to Spa Adventure Treks Ltd
The person who agreed to our Terms and Conditions as part of their booking form is liable to pay any cancellation charge payable under this clause. Any payment to you with respect to this will be paid by BACS transfer or cheque at the earliest opportunity.
The following periods, before departure, within which written notification of cancellation is received by us, apply for group bookings:
| Written notice of cancellation received by Spa Adventure Treks Ltd | Cancellation charges for individuals within groups (change of monthly notified PAX numbers) | Cancellation charges for the group as a whole |
| Cancelled more than a year prior to the event | No charge | No charge |
| Greater than 56 days prior to departure | £150-£250 administration charge according to costs incurred. | |
| 56-29 days prior to departure | 50% of PAX fee per person cancelled | 50% of total fee |
| 28-15 days prior to departure | 75% of PAX fee per person cancelled | 75% of total fee |
| 14-0 days prior to departure | 100% of PAX fee per person cancelled | 100% of total fee |
Should you wish to make any changes to your confirmed booking or transfer this to someone else, you must notify Spa Adventure Treks Ltd. in writing as soon as possible.
Whilst Spa Adventure Treks Ltd will endeavour to assist, we cannot guarantee we will be able to meet any change requests (other than a transfer of the booking). You may transfer your booking to someone else (introduced by you) without payment of the applicable cancellation charges provided the person to whom you are making the transfer satisfies all conditions which form part of your contract with us. Requests for a transfer must be made in writing at least seven days prior to departure and must be accompanied by the name and other applicable details of the replacement person. An amendment fee of £75 per person will be payable together with any costs incurred and any costs or charges incurred or imposed by any of our suppliers in making any requested amendments.
12. Changes to your holiday made by us
We try to avoid making changes to your holiday, however, sometimes they are unavoidable. It is sometimes necessary to make alterations to holiday details both before and after bookings have been confirmed. We reserve the right to do so. On occasions we may find it necessary to make a significant change. A significant change is one made before departure, involving a change of your arrival or departure time by more than 12 hours or a change of accommodation. If it is necessary to make a significant change before departure, we will advise you as soon as practicable. If there is time to do so before departure, we will then offer you the choice of:
- accepting the changed arrangements as informed by us or
- purchasing an alternative holiday, of a comparable standard if available (if the holiday is less expensive than the original one, we will refund the difference, if it is more expensive, you will have to pay the difference) or
- cancelling your holiday and receiving a full and prompt refund of all monies paid to us.
If it is necessary to notify you of a significant change 8 weeks or less before departure, we will in addition, pay you compensation as set out in the scale appearing below, subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choice can be accepted where the change is made as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. For significant changes, any liability we have is limited to offering the above choices and the compensation payments (where applicable) set out below. No compensation is payable if we notify you of any change more than 8 weeks before departure. We cannot be responsible for any costs or expenses you may incur as a result of any change. No compensation is payable for minor changes. Minor changes do not entitle you to cancel or change to another holiday without paying the normal charges.
Period before departure where a significant change or cancellation is notified to you:
- More than 14 days: £30 compensation per person
- 14 or less days: £40 compensation per person
13. Cancellation by us
On a rare occasion it may be necessary to cancel a confirmed holiday. However, we will not cancel within 6 weeks of departure unless you have failed to make payment in full and on time or we are forced to do so as a result of circumstances beyond our control. Where your holiday is cancelled other than due to your default in payment, we will offer you the choice of purchasing an alternative holiday of a comparable standard if available or we will refund the difference.
In addition, if we notify you of cancellation 8 weeks or less before departure, we will pay you compensation as set out in clause 12 above, subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted.
- where we are forced to cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or
- where an insufficient number of people book your chosen holiday, and we notify you that we are cancelling for this reason not less than 4 weeks before departure.
No compensation is payable if we notify you of cancellation more than 6 weeks before departure. We cannot be responsible for any costs or expenses you may have as a result of cancellation. Very rarely, we may be forced to curtail your holiday after the date of departure where circumstances amounting to force majeure as described in clause 15 below. In this very unusual situation, we regret we cannot make any refunds (except where refunds are obtained from any supplier), meet any costs or expenses you may incur as a result or pay any compensation.
14. Duty of Care
By booking you agree to abide by instructions and decisions made by the person leading the group. Spa Treks Ltd. reserves the right to exclude individuals from a planned activity on the grounds of health safety or the success and enjoyment of the rest of the party. Any individuals who are excluded are not entitled to a refund. Any individual who ignores the advice of the person leading the trip shall forfeit all protection and duty of care. This includes taking and wearing of any equipment which is mentioned on the equipment list and for example not bringing it with you or refusing to wear it. This can endanger the whole group in case of hyperthermia for example.
15. Force majeure
We are not liable in any way where the performance of our contractual obligations is prevented or affected by force majeure. Force majeure means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riots, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
16. Our Liability to You
We accept responsibility for ensuring that all parts of our contract with you are properly performed subject to the following exceptions. We cannot accept liability where any failure to perform or improper performance was due to:
- the act(s) and/or omissions of the person(s) affected or any member(s) of their party or
those of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or - an event which either we or the supplier of the services in question could not have foreseen or forestalled even with all due care.
In all cases except where personal injury, illness, death, loss and/or of luggage or personal possessions (including money) results or a lower limitation applies, our maximum liability is limited to the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total. Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description which (a) on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally, we cannot accept liability for any business losses. In the case of loss and/or damage to and/or luggage or personal possessions (including money), our liability is limited to £25 per person as you are assumed to have taken out adequate insurance at the time of booking. Where any claim or part of a claim concerns or is based on any travel arrangements made by us which are provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum we will have to pay you in respect of that claim or part of the claim if we are found liable to you on any basis is the maximum which would be payable by the carrier or the hotel keeper concerned under the applicable international convention in that situation. You must give credit for all payments due or received from any carrier or hotelkeeper which in any way relate to the claim in question. Where any payment is made to you or any member of your party that person must assign to ourselves or our insurers any rights they may have to pursue any third party. You must also provide ourselves and our insurers with all assistance required.
17. Complaints
If there is any problem with you holiday, we want to hear about it as soon as possible. Any concerns you have should be brought to our attention and we will do our utmost to put things right for you. Please note we are not responsible for any issues that you are aware of but did not bring to our attention during your holiday. Any reported issue that has not been resolved to your satisfaction during your holiday should be advised in writing to Spa Treks within 14 days of the end of your holiday. In the event of any complaint arising during your holiday, you must immediately notify us and the supplier of the service(s) in question, who will offer such assistance as they are able. For all complaints and claims which do not involve personal injury, illness or death, we regret we cannot accept liability to fail to notify the complaint or claim entirely in accordance with this clause.
18. Conditions of suppliers
Please note that all services are provided subject to the conditions of the relevant supplier. Some of these conditions may limit or exclude the supplier’s liability to you, usually in accordance with the appropriate international conventions.
19. Flights
We do not arrange the flights for your holiday. It is your responsibility to make these arrangements and to ensure that your flights coincide with your required dates of arrival and departure. We do not accept any liability for any curtailment of your holiday by reason of any delay arising from your flight arrangements.
20. Transfers
Airport Transfers are included only at the specified times for a single timed airport drop off pick up. If you can not get to the airport for that time or your flight is delayed then you are responsible for all costs incurred before you regroup with the group. We do not arrange transport to and from your holiday. It is your responsibility to ensure that your flight, train or car journey arrangements coincide with your dates of arrival and departure. We do not accept liability for any curtailment of your holiday by reason of delay arising from your travel arrangements.
21. Special requests
If you have any special request, please clearly note it on your booking form. Only requests made in writing relating to services or facilities provided directly by Spa Adventure Treks Ltd can be guaranteed when they are acknowledged by us. Unless we have agreed in writing to provide such a service or facility, failure to meet any special request will not be breach of contract on our part. We will pass on requests to suppliers or other service providers but we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part.
22. Your obligations
You undertake to consult with your general practitioner in connection with any existing or previous condition which may impact upon your ability to take part in the activities arranged as part of your holiday. Any such condition should be disclosed to us at the time of booking and to your insurance company. By signing the booking form you undertake and confirm to us that your mental and physical condition are sufficient and fit for the purpose of joining in and participating in the holiday you have booked. We reserve the right in our absolute discretion to require the production of a medical certificate at any time prior to the commencement of your holiday. In addition if our leader/s finds that you are not fit enough to complete the full itinerary we will advise of this and alternative arrangements for any evacuation will be made. These arrangements will involve some additional staffing cost or other should you leave the group and need any alternative accommodation as a result. These costs will be your responsibility but of course wherever possible we will help you to meet up with other group memebrs later in the holiday and have an enjoyable time.
When you book a holiday with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be made at the time to ourselves or the third party concerned. If you fail to do so, you must indemnify us against any claims (including legal costs) subsequently made against us as a result of your actions. We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority you or any of your party behave in such a way as to cause or to be likely to cause distress, danger or annoyance to any third party (including other clients) or damage to property, we reserve the right to terminate the holiday of the person concerned without notice. In this situation, our responsibilities towards that person (including any return transport arrangements) will immediately cease and we will not be responsible for meeting any costs or expenses they may incur as a result. We will not make any refunds or pay any compensation.
23. Passport and visa requirements
We regret we cannot accept any liability if you are refused entry onto any flight or into any country due to failure on your part to carry the correct passport, visa or other documents required by any airline or authority. It is your responsibility to ensure that you have the correct travel documents necessary for your holiday.
24.Descriptions and content of our website
We believe that the information, description and details of holidays on our website are accurate and correct to the best of our knowledge and belief at the time of publication of the site. We have given all such details, information, descriptions and details in good faith and any changes are likely to be of a minor nature and should not affect enjoyment of your holiday.
25. Governing law and jurisdiction
Your contract with us is made in England and shall be governed by English law. You submit to the exclusive jurisdiction of the courts in England.
26. Personal Risk
While we maintain a high professional standards of client care and safety, you must realize and accept that mountain walking, snow shoeing and other adventurous activities carry a danger of personal injury or even death, as they can take place in remote and potentially hazardous terrain. All clients must be aware of and accept these risks and be responsible for their own actions and involvement in such activities.
We hope that you will enjoy your holiday with us and we look forward to meeting you.
FREEDOM TRAIL TREKS PRIVACY POLICY
The website you have entered is operated by Spa Adventure Treks Ltd T/A Freedom Trail Treks.
This Policy outlines the type of information that is collected by Freedom Trail Treks through this website and how we may use it. This Policy also tells you what to do if you do not want your personal information (such as your name and address) collected when you visit our website and how you can change information you have already provided to us.
As the trip organiser Freedom Trail Treks will always be your data controller for the purposes of the trip we ground operate, should we receive your data from our partner organisation or directly. It is possible for your selected charity or company to be joint data controller dependent on them obtaining explicit consent to contact you for information other than your trip. You can opt in to receiving information from them at the time of booking or later, by contacting the charity direct.
YOUR CONSENT TO THIS PRIVACY POLICY
By using our website you signify that you agree with the terms of our Privacy Policy (in conjunction with the Terms and Conditions of booking when completing a booking) as posted on our website. If you are booking through one of our partners then you will be agreeing to their terms and conditions directly.
WHAT INFORMATION WILL WE COLLECT?
We will only collect such information from you as required to complete your booking, to ensure your health and safety on any trip, or as required in order to carry out any service you have requested of us.
The type of personal data that we may ask you to provide includes:
Name and contact details including address, telephone numbers and email.
Credit/debit card or other payment details (including card number, cardholder name and expiry date) through our merchant bank.
Next of kin contact details.
Passport information.
Special requirements such as those relating to any medical condition or disabilities which may affect the chosen trip arrangements and regular medication which may affect your wellbeing on the trip.
Dietary restrictions.
Details of your chosen charity (if fundraising).
Your fitness level and experience of the chosen activity.
Proof of your insurance which you consider covering you for undertaking the activity with us
Some of the information we collect, such as your medical or dietary details, may be considered ‘special categories of personal data’ under the General Data Protection Regulations (GDPR) ((EU) 2016/679), previously known as ‘sensitive personal data’ under the Data Protection Act 1998. We will only collect this in order to cater to your needs or act in your interest, and we are only prepared to accept this category of data on the condition that we have your positive consent. We will seek this consent if necessary.
You can choose not to provide us with some of the information we request, however as a result we may not be able to complete your booking arrangements, or you may be asked to leave a trip if the leader considers this non-disclosure could be harmful to yourself or other members of the group (as set out in our terms and conditions).
HOW THIS INFORMATION WILL BE COLLECTED?
We will only collect personal information from you by specifically asking for it. This may be:
When you register to take part in a trip, Expedition or activity provided by Freedom Trail Treks, or when you purchase a product or service from us.
When you subscribe to our newsletter or agree to receive marketing/promotional material via mail chimp.
When you speak to any of our team.
When you complete a survey or a feedback form.
When we use cookies (see our cookie policy on our website).
WHAT WE WILL DO WITH YOUR INFORMATION
We require your personal contact details (such as name, address, contact details etc.) to complete your booking with us. We will also use these details to manage your booking and to communicate with you regarding this.
Images and videos taken during a trip by Freedom Trail Treks crew or other participants may be used in our promotional material such as brochure, website and social media. As you are taking part in a group event it is not always possible for us to identify individuals, especially if in a large group. If you have any objections to the use of your image in this way, please do let us know as soon as possible and ensure that you make yourself known to the group leader.
We use financial information that you provide us, such as debit or credit card details, in order to process payments in settlement of any monies due relating to your booking. Your financial information is not retained on our database or network and is only used where you have authorized us to do so in accordance with the booking conditions and GDPR. When making an online payment to Spa Adventure Treks Ltd we use a third-party operator such as stripe which is PCI compliant.
In order to complete your booking, we may need to disclose some of your information to organisations who may also act as ‘joint data controllers’ or ‘data processors’. We only pass on your information to companies that undertake business functions on our behalf. For example on a trip we are legally required to pass on your passport information to any hotels, for example in Spain, you may be staying in. We may also need to pass on your data to our in-country operators in order for them to book accommodation for you in advance. Some of these companies may be located outside the UK/ European Economic Area (EEA). Controls for data protection may not be as strong outside of the EEA however we will only pass relevant information on to persons/organisations for the part of your trip arrangements for which they are responsible. If we are unable to pass this information on we may not be able to accept your booking.
We may disclose your information if required to by law or where such a request is made by a legal authority. We may also need to disclose our customer list including any personal information relating to you to a third party, who acquires, or attempts to acquire, all or substantially all of the asset/stock in our company.
We will only send you information about special offers, brochures, trips and events if you have ‘opted in’ to receive news from Freedom Trail Treks, Spa Adventure Treks Ltd. If you do not wish to receive this information, you can use the ‘unsubscribe’ function at the bottom of any communication or just let us know (see ‘Who to Contact’ at the end of this policy). We may also give you the option to subscribe using a feedback form.
Please note that we never disclose or sell your personal information to third parties to enable them to send you direct marketing.
INFORMATION FOR MARKETING PURPOSES
Any information collected for marketing purposes will be by your explicit consent. Consent may be obtained via opt in boxes during the booking process, invitation on our website or via social media.
Marketing may consist of e-newsletters, electronic or mailed copy of our promotional material, targeted mailshots etc. All correspondence, whether electronic or paper, will provide you with details on how to opt out or unsubscribe from receiving future marketing information.
COOKIES
You may have heard of ‘cookies’ which are small text files that our site may send to your hard drive while you are logged on to it. Freedom Trail Treks may use cookies to collect information during your visit to our website, such as the particular site areas you visit and which country you are in, this statistical information builds in an Analytics Package.
We collect this information to better tailor our site and our products to your interests and needs. Cookies are never used to collect information of a private nature, such as debit/credit card details and will never be used for direct marketing purposes.
SECURITY OF INFORMATION
The transmission of information via the internet is never completely secure. We exclude our liability for personal data lost in transmission to the website. We take all reasonable precautions to keep your Personal Information secure. All personally identifiable information is subject to restricted access to prevent unauthorised access, modification or misuse.
We will comply with all relevant Data Protection legislation in relation to the period for which we retain any information you disclose to us. We are required to retain data on all our participants for 7 years from the last travel date due to insurance purposes. After this time, we will ensure safe and secure disposal of this. A copy of our Data Protection Policy is available on request (see contact details below).
RIGHT OF ACCESS TO PERSONAL DATA
In accordance with data protection regulations, you may ask us in writing for a copy of the information we hold about you. We aim to respond to you within 21 days from the date of the request.
WHO TO CONTACT
If you do not agree to our use of the information as set out above, you should inform us as soon as possible by writing to us at: Spa Adventure Treks Ltd, Office 9, Dalton House, 60 Windsor Avenue, London, United Kingdom, SW19 2RR or by email: office@freedomtrailtreks.com Tel: +44 7951058053 I +33 781799006