Booking Terms & Conditions
The following booking conditions form the basis of your contract with Outlook Expeditions Limited (“Outlook”), a company registered in England and Wales (Company number 4271147) whose registered office is at Outlook Expeditions, 15 Eyston Way, Abingdon, Oxfordshire OX14 1TR, United Kingdom. Please read them carefully as they set out our respective rights and obligations.
These booking conditions only apply to arrangements which you book with Outlook in the UK and which Outlook agrees to make, provide, or perform (as applicable) as part of its contract with you.
1. INTERPRETATION
1.1 In these booking conditions, the following terms and expressions are used:
“Basecamp” means the online expedition portal
“Booking Receipt” means the electronic document showing confirmation that the application process has been successful.
"Code of Conduct" means the set of rules and guidelines that the Participant shall abide by whilst on the Expedition
"Contract" means the agreement made between the Participant and Outlook in connection with an Expedition incorporating these terms and conditions
“Departure Date” means the pre-booked date of departure of the Expedition [from the United Kingdom]
"Deposit" means the non-refundable deposit payable upon booking the Expedition
"Development Day" means a training course provided by Outlook at a school or other venue for Participants
“Due Date” means the due date for payments of the Expedition price as set out in the final payment plan
"Expedition" means the planned trip, the itinerary for which will be as described in the Expedition Brief [accepting that the itinerary as described in the Expedition Brief may contain elements that could change as a result of choices made by the team at a Development Day]
"Expedition Assistant" means any adult participant on the Expedition who is not the Expedition Leader, the team’s nominated Link Teacher or a Participant
"Expedition Brief" means the document that outlines the Expedition Programme content and which forms part of the Contract
"Expedition Leader" means the person employed or contracted by Outlook who has the responsibility for making final decisions within the Leader Team
"Expedition Programme" means the programme of planning, preparation, training and other events taking place prior to, during and after the Expedition
“Expedition Training” means the compulsory training event described in the Expedition Brief
"Force Majeure" means any unavoidable and extraordinary circumstance beyond the control of Outlook, the consequence of which could not have been avoided even if all reasonable measures had been taken; including (but not limited to): an act of god; war or threat of war; riot; civil strife; industrial dispute; terrorist activity and its consequences; natural or nuclear disaster; fire; outbreak of disease or imposition of quarantine; epidemics or health risks; closed or congested airports, ports or stations; changes imposed by re-scheduling or cancellation of transport by the transport supplier such as flights by airlines or main charter; the alteration of transport, transport schedule or transport types; adverse weather conditions (actual or threatened); avalanche; and technical failure of or problems with transport; or where Outlook deems the safety of a group could not be guaranteed
“Group” means all Participants, Teams and Leader Teams from one School
"Head Office" means Outlook Expeditions Head Office, 1 Overleigh Road, Chester, Cheshire, United Kingdom, CH4 7HL or such other place as may be notified by Outlook in writing from time to time
"Leader Team" means the Expedition Leader; the team’s nominated Link Teacher and any Expedition Assistants
“Head Link Teacher” means the nominated person employed by the Local Authority or School assigned to direct the Link Teachers who will be a member of the Leader Team during the Expedition
"Link Teacher" means the nominated person employed by the Local Authority or independent school and assigned to a particular team, who will be a member of the Leader Team during the Expedition
“Local Authority” means the local authority responsible for the school from which the Participants on the Expedition are recruited
"Minor Change" means any change to the Expedition that is not a Significant Change including changes to itinerary elements or confirmed flight time changes of 24 hours or less
"Outlook" means Outlook Expeditions Limited, a company registered in England and Wales (Company number 4271147) whose registered office is at 1 Overleigh Road, Chester, Cheshire, United Kingdom, CH4 7HL
“Package Travel Directive” means the Package Travel Directive 2015 /2302
"Participant" means all persons named during the application process (including anyone who is added or substituted at a later date) or any of them as the context requires and, where they are aged under 18 years, their parent or guardian
"Final Payment Plan" means the online information referred to in paragraph 6.2 setting out the terms of payment of final and / or interim payments of the Expedition price
"School" means the school, college or organisation responsible for initiating the Expedition
"Significant Change" means a major amendment to an essential term of this Contract, such as the Destination, subject to clause 4.2.1, Expedition price and, subject to clause 4.2, the duration
"Online Application Process" means the online application that is required by Outlook to enrol a Participant on an Expedition Programme that includes contact and personal details and constitutes a signed declaration of acceptance of these terms and conditions
"Team" means a group of up to 16 Participants and members of the Leader Team participating in a particular Expedition
"Travel Insurance Company" means such insurance company that provides expedition travel insurance to Outlook from time to time
“Team Welcome” means the email communication sent to the Participant when the Team is formed
1.2 Where the expression "Participant" includes two or more persons, the obligations expressed or implied relate directly to each Participant.
1.3 Any reference to a statute shall include any statutory extension or modification or re-enactment of such statute and any other instrument plan, regulation, permission or direction made or issued there-under or delivering validity there-from.
1.4 Wording importing the singular meaning shall include the plural meaning and vice versa. All wording within the booking conditions is generalised to the Participant, referring to the masculine, feminine and neuter genders.
1.5 The clause and paragraph headings are for convenience only and shall not affect the construction of this document.
1.6 The expressions used in the Online Application Process and other documents issued by Outlook to the Particpant shall have the same meanings as used in these terms and conditions.
2. MAKING A BOOKING
2.1 To make a booking each Participant must complete the online application process. By completing the online application process, the Participant confirms that they have had the opportunity to read and have read these booking conditions and agree to them.
2.2 The Participant acknowledges and fully understands the adventurous nature of the Expedition, that there may be hazards encountered on Expedition that would not normally be encountered in the UK and that there is inherent risk associated with travel and expeditions abroad. Standards of health and hygiene vary from country to country, and are seldom as high as they are in the UK. The Expedition will be challenging and will include visits to remote areas. There may be risks to health from sources such as, but not restricted to, poor local hygiene, high altitude, heat related illnesses, fatigue, physical injury, and tropical diseases. The Participant therefore agrees and accepts that the Participant undertakes the Expedition voluntarily and at their own risk and that they have researched the Expedition destination using such resources as www.nathnac.org, www.fitfortravel.nhs.uk and www.fco.gov.uk.
2.3 By entering into the Contract, the Participant accepts Outlook’s and the Leader Team’s authority to make decisions affecting the Team or the Participant.
2.4 Information provided to Outlook must be complete, accurate and provided within the stated timelines and provided as requested via Basecamp (the online expedition portal) or given to Outlook in writing. Pursuant to 8.3, failure to disclose any information that is required may result in Outlook terminating the Contract and withdrawing the Participant from the Expedition.
2.5 Any changes to the information provided by the Participant (whether as part of the Online Application Process or otherwise) must be notified to Outlook as soon as reasonably practicable.
2.6 Outlook must receive a completed "Parental Consent (online) Form" confirming that the Participant will adhere to all Outlook policies and procedures during the UK Expedition Training and the overseas Expedition. Pursuant to 8.3, failure to complete the “Parental Consent (online) Form will result in Outlook terminating the Contract and withdrawing the Participant from the Expedition.
2.7 It may be necessary for the Participant to complete a declaration of compliance for our overseas activity providers. These may include but are not limited to; statements of understanding; medical statements; and liability release. Where requested, Outlook must receive a completed declaration within the timeframe detailed in any requested communication. Pursuant to 8.3, failure to complete the requested deceleration may result in Outlook terminating the Contract and withdrawing the Participant from the Expedition.
3. PASSPORTS, VISAS, AND EQUIPMENT
3.1 Participants must hold a valid passport. All passports must be valid for a minimum of 6 months after the Expedition return date.
3.2 Participants must inform Outlook of the country of issue of their passport if they do not hold a UK passport.
3.3 Participants are responsible for acquiring the necessary visas for all countries visited during the Expedition (including any transit visas). Outlook can accept no liability for the failure of any Participant to obtain the necessary visas and in the event that a Participant cannot obtain any necessary visa (or any visa proves to be invalid), Pursuant to 8.3, the Participant will be withdrawn from the Expedition.
3.4 Participants are responsible for acquiring the necessary affidavit and supporting documents for all countries visited during the Expedition (including those countries that the team transit). Outlook can accept no liability for the failure of any Participant to obtain the necessary affidavit or supporting documents and in the event that a Participant cannot obtain the necessary affidavit or supporting documents (or any document proves to be invalid), pursuant to 8.3, the Participant will be withdrawn from the Expedition.
3.5 It is the Participants responsibility to make themselves aware of all recommended vaccinations and health precautions in good time before departure. Details are available from a GP surgery and from the National Travel Health Network and Centre www.nathnac.org. Information on health abroad is also available on www.nhs.uk/Livewell/Travelhealth. Vaccination and other health requirements / recommendations are subject to change at any time for any destination. Participants should therefore check with a doctor or clinic not less than six weeks prior to departure to ensure that they have met the necessary requirements and have the applicable information. Participants must ensure that they have the necessary vaccination certificates required for entry to destination or transit countries.
3.6 It is the Participant’s responsibility to ensure that they are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by the Participant. Outlook cannot accept any liability if the Participant is refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty, costs or expenses being imposed on or incurred by Outlook, the Participant will be responsible for reimbursement accordingly.
3.7 Outlook provides certain equipment for the Expedition and the Participant is responsible for the maintenance of such equipment. Where the Participant deliberately or recklessly causes damage to any such equipment, the Participant will be liable for any losses arising from such damage.
3.8 Outlook provides a mandatory equipment list for each Expedition. It is the Participant’s responsibility to source and procure this equipment. The Participant must ensure that such equipment is of suitable quality and accompanies them on Expedition.
4. CHANGES TO THE EXPEDITION
4.1 Outlook makes every effort to ensure the accuracy of its literature. However, changes can occur and Outlook reserves the right to change any aspect of the Expedition as set out in this paragraph 4.
4.2 The Team’s itinerary will develop throughout the Expedition Programme, in line with the details of the Expedition Brief. The final itinerary will not be confirmed until 2 months prior to the Departure Date. Whilst Outlook makes every effort to adhere to the final itinerary, the Participant acknowledges that due to the adventurous nature of Expeditions, Outlook cannot accept responsibility for any changes made to the itinerary whilst outside the United Kingdom. In addition, due to the adventurous nature of Expeditions and the often lengthy lead time between date of booking and the Departure Date, the Participant accepts that the following may change prior to the Departure Date and that such change will not constitute a Significant Change:
4.2.1 Destination: the destination for a youth personal development expedition is a vehicle which is used to enable the development of the team members. Due to the changing nature of the world over the relatively long Expedition Programme period, Outlook may be required to change the destination of the Expedition as a result of Force Majeure, as defined by the Package Travel Directive. By way of example, but not limited to, what would be considered Force Majeure are: changes to Foreign and Commonwealth Office travel advice and being unable to manage the safety of the Team due to civil unrest or an internal security situation. In this case, Outlook will consult with all Participants and will substitute one or more other destinations that offer similar development opportunities. Where a Participant or School choose to withdraw from the Expedition following the change of destination due to Force Majeure, the provisions of paragraph 8.3 will apply.
4.2.2 Departure Date and duration: the Expedition Brief will set out a window for the Departure Date of the Expedition. As flights cannot always be booked at the start of the Expedition Programme, and carriers occasionally change schedule times, the Departure Date and return dates may be amended to accommodate the most appropriate flights. The Expedition duration will not be reduced but may be extended by up to 2 days because of this; and
4.2.3 Merged Groups: Outlook reserves the right to merge any Team that falls below the minimum size of ten Participants with one or more other Team(s). Outlook will endeavour to match the merging Teams with regard to destination, duration and UK location. Where the price of the Expedition will, as a result, be significantly different, the provisions of paragraph 6.7 will apply. Where the destination of the Expedition, will, as a result, change, the provisions of paragraph 4.5 will apply.
4.3 If an alternative Destination is proposed by Outlook due to the effects of Force Majeure, Outlook will inform the Participant in writing as soon as is reasonably practical and offer the Participant the choice of either:
4.3.1 accepting the change; or
4.3.2 withdrawing from the Expedition Programme, pursuant to the provisions of paragraph 8.3
4.4 Most changes will be Minor Changes.
4.5 If a Significant Change is proposed to the Expedition Programme, Outlook will inform the Participant in writing as soon as is reasonably practicable and offer the Participant the choice of either:
4.5.1 accepting the change; or
4.5.2 choosing an
alternative Expedition from Outlook, of a similar standard to that
originally booked if available. If Outlook offer an alternative
Expedition of equivalent or higher standard the Participant will not be
asked to pay any more than the price of the original Expedition. If this
Expedition is in fact cheaper than the original one, Outlook will
refund the price difference. If the Participant does not wish to accept
the Expedition we specifically offer, the Participant may choose any of
our other, then available Expeditions. The Participant must pay the
applicable price of any such Expedition. This will mean paying more if
it is more expensive or receiving a refund if it is cheaper; or
4.5.3 cancelling, in which case the Participant will be offered a refund of any monies paid, less
a deduction for elements of the package that have already been
delivered by Outlook. These may include but are not limited to,
administration and staffing of the UK-based build-up programme,
development sessions and training events.
4.6 Pursuant to paragraph 4.5, the Participant shall inform Outlook in writing of his / her choice as soon as possible and in any event within 14 days of notification of the proposed change. If the written notification of the Participant is not received within 14 days the Participant will be deemed to have accepted the change.
4.7 Outlook reserves the right to split the Group of Participants into Teams of up to 16 Participants, in order to ensure the safety of the Team and maintain the quality of the Expedition.
4.8 Large Groups: where the number of Participants in the Group exceeds 25, Outlook reserves the right to split flight bookings for each Team. This may mean that Teams depart on different flights and at different times due to flight seat availability. If this is unacceptable to the School then, the School should inform Outlook at the time of, or as soon as possible after, booking. If it is possible for Outlook to book flights for the whole Group to travel together the Expedition price may be changed in accordance with clause 6.7.
5. MEDICAL CONDITIONS, RISK AND INSURANCE
5.1 If the Participant has an ongoing medical condition and is under the care of an outpatient department or a disability, they must inform Outlook so that Outlook can advise them of the suitability of the Expedition. Outlook reserves the right to decline a booking if, in its belief, such a medical problem or disability is likely to endanger the Participant’s health and safety and / or the health and safety of anyone else participating in the Expedition. The Participant must keep Outlook informed of any change in their condition.
5.2 Expeditions are physically and mentally challenging by their very nature. It is the sole responsibility of each Participant to ensure that they are in good mental and physical health and physically fit enough to embark on their Expedition itinerary.
5.3 Within 1 month of receipt of the Team Welcome from Outlook, the Participant must declare any significant medical condition or disability to Outlook (so that any risks that exist because of the condition can be mitigated).
5.4 Where an expedition includes a diving phase, in addition to the medical declaration submitted through the participants Basecamp portal, participants must submit a separate set of diving declarations. These may include but are not limited to; statements of understanding; medical statements; and liability release. All diving declarations must be returned to Outlook within the timeframe specified in any requested communications. The diving declarations are a requirement of the dive provider; failure to complete the diving declarations will result in the participant not being able to participate in the diving phase of the expedition. It will be assumed that any declaration of compliance, including liability release, signed by the participant releasing our suppliers from liability, will also apply to Outlook.
5.5 If any known medical conditions or disabilities are not declared to Outlook then the Participant may be withdrawn from the Expedition Programme and the provisions of paragraph 8.3 apply.
5.6 If the Participant contracts or develops a medical condition or suffers an injury between the date of booking and the Departure Date, the Participant must declare the condition or injury to Outlook.
5.7 In order to assess the risks to a Participant and the Team as a result of a medical condition, Outlook reserves the right to seek information and advice from the Participant's GP together with independent medical advice. Where there is a charge for information from a Participant's GP, this will be at the Participant’s expense.
5.8 Should
Outlook not be able to practicably reduce the risks that exist due to a
medical condition or disability to an acceptable level, or if a
participants GP is unwilling to state that a participant is fit to
travel, the Participant will be withdrawn from the Expedition Programme
and the provisions of paragraph 8.3 will apply. All Participants when
joining an Expedition or Explore trip are strongly advised to consider
the benefits of purchasing
cancellation insurance from an independent travel insurance company;
any costs associated to this are not included in the expedition price.
Where the Participant has chosen to purchase cancellation insurance,they
are entitled to make a claim against their policy. Please note that
decisions made as to the validity of the claim will be made by the claim
handler and not Outlook.
5.9 In the event of a medical incident where by it has not been deemed medically necessary by the insurer to repatriate the Participant, the conditions of 7.3 will apply.
5.10 In the event of an insurance claim, any charges made for information required by the Travel Insurance Company, such as doctors' certificates, will be borne by the Participant.
5.11 Participants have a duty of care to the rest of the Team and must act accordingly and in line with local and UK law, school and Local Authority policies, and the Code of Conduct. Team members must act so as not to prejudice the good order, discipline or safety of the Expedition and refrain from any conduct that may give offence, cause damage to any person or property or detract from the enjoyment of the Team. If Outlook deems that the behaviour of a Participant is likely to contravene any of the above terms, it may at its sole discretion withdraw the Participant from the Expedition and the Participant shall be responsible for all costs associated with such withdrawal.
5.12 By agreeing to these Booking Terms and Conditions, the
Participant acknowledges that they are granting permission to allow
their School to share with Outlook 'Special Type' personal data for the
purpose of informing our medical risk assessment process.
6. CONTRACT, PAYMENT, AND PRICE REVISION
6.1 The Participant is responsible for payment of the total Expedition price.
6.2 The Participant will pay to Outlook the Expedition price in accordance with the Final Payment Plan. This payment may be collected by the School if so required by the Local Authority or School and, if so, this will be specified in the Expedition Brief.
6.3 A binding contract between Outlook and the Participant comes into existence when Outlook issues its confirmation Booking Receipt to the Participant or their School. The parties both agree that English law (and no other) will apply to the contract and to any dispute, claim or other matter of any description which arises (“claim”) except as set out below. The parties both also agree that any claim must be dealt with by the Courts of England and Wales only unless, in the case of Court proceedings, the Participant lives in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of the Participant’s home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, the Participant may choose to have their contract and any claim governed by the law of Scotland/Northern Ireland as applicable (but if they do not so choose, English law will apply).
6.4 Payment by direct debit: Outlook promotes and prefers payments beyond the Deposit to be made by direct debit. Where the relevant proportion of the Expedition price is to be paid by direct debit then the following clauses 6.4.1 and 6.4.2 shall apply.
6.4.1 Each direct debit is due in accordance with the bankers mandate which sets out the amount of each payment and the date on which each payment falls due;
6.4.2 Where a direct debit payment is not received by the Due Date Outlook may cancel the direct debit arrangements and the resulting remaining sums due will be payable in accordance with the conditions under paragraph 6.6 together with an administration fee of £25. Any outstanding monies will be due immediately.
6.5 Payment other than by direct debit - Outlook or the School must receive any payment(s) by the Due Date. If Outlook or the School does not receive each payment within 30 days of the Due Date, Outlook reserves the right to withdraw the Participant from the Expedition Programme and treat this as a cancellation in which case the charges specified in paragraph 7.2 will apply.
6.6
Once the price of the Expedition has been confirmed at the time of
booking, then subject to the correction of errors, Outlook will only
increase or decrease the price in the following circumstances. Price
increases or decreases after booking will be passed on by way of a
surcharge or refund. A surcharge or refund (as applicable) will be
payable, subject to the conditions set out in this clause, in the event
of any change in Expedition’s transportation costs or in dues, taxes or
fees payable for services such as landing taxes or embarkation or
disembarkation fees at ports or airports or in the exchange rates which
have been used to calculate the cost of the Participant’s Expedition.
Even in the above cases, only if the amount of any increase in
Expedition’s costs exceeds 2% of the total cost of the Expedition
(excluding insurance premiums and any amendment charges) will Outlook
levy a surcharge. Outlook will only levy a surcharge in respect of the
amount by which any increase in our costs exceeds 2% of this total
Expedition cost. If any surcharge is greater than 10% of the cost of the
Participant’s Expedition (excluding insurance premiums and any
amendment charges), the Participant will be entitled to cancel their
booking and receive a full refund of all monies they have paid to
Outlook, less a deduction for elements of the package that have already
been delivered. These deductions may include but are not limited to
administration and staffing of the UK-based build-up programme,
development sessions, and training events. Alternatively, they may
choose to purchase another Expedition from Outlook as referred to in
clause 4.5.
6.7 The Participant has 14 days from the issue date printed on the surcharge invoice to tell Outlook if they want to choose option 4.5.2 or 4.5.3 as set out in clause 4.5 above. If they do not tell Outlook that they wish to choose either of these options within this period of time, Outlook are entitled to assume that they do not wish to do so and will pay the surcharge. Any surcharge must be paid with the balance of the cost of the Expedition or within 14 days of the issue date printed on the surcharge invoice, whichever is the later.
6.8 Please note that arrangements are not always purchased in local currency and some apparent changes have no impact on the price of the Expedition due to contractual and other protection in place.
6.9 A refund will only be payable if the decrease in Outlook’s costs exceeds 2% of the total cost of the Participant’s Expedition as set out above. Where a refund is due, Outlook will pay the Participant the full amount of the decrease in our costs.
6.10 Outlook promise not to levy a surcharge within 30 days of departure. No refund will be payable during this period either.
7. WITHDRAWAL
7.1 In addition to the provisions of paragraph 5, if after Outlook has used reasonable endeavours to try to resolve any issues with a Participant and failed to resolve the issue, Outlook may use its discretion reasonably and sensibly and withdraw a Participant from the Expedition Programme at any time (including during the Expedition) if Outlook is of the opinion that the Participant is likely to prejudice the good order, discipline or safety of the Expedition, fails to adhere to the Code of Conduct, or if the Participant has failed to provide complete and accurate information to Outlook, or has failed to comply with the provisions of paragraph 3. In this case the provisions of 8.3 shall apply.
7.2 If the Participant wishes to voluntarily withdraw from the Expedition Programme prior to the Departure Date, the Participant must inform Outlook in writing within 7 days. If a Participant wishes to voluntarily withdraw from the Expedition after the Departure Date, they must inform the Expedition Leader who will contact Outlook. In either case, the provisions of paragraph 8.3 shall apply.
7.3 If the Participant requires to return from the Expedition outside of the itinerary pursuant to paragraphs 7.1 or 7.2 the Participant will be responsible for any costs incurred by Outlook as a result and for making their own travel arrangements. These costs may include, but are not limited to: flights, accommodation, transport, food and visa’s for both the Participant and a member of the Leader Team. A member of the Leader Team will accompany the participant for as long is as it is reasonably practicable, whilst the Team members continue with the Expedition Programme.
7.4 If a Participant is withdrawn from an Expedition by his/her School at any time, other than for the reason detailed in 7.4.1 this will be treated as a voluntary withdrawal by the Participant and the conditions of paragraph 7.2 will apply.
7.4.1 Where a participant does not achieve the necessary exam results to remain at the school and the school will not allow the participant to take part in the Expedition, the participant must contact Outlook in writing by September the 15th in the year prior to the year of departure, to withdraw from the Expedition. Subsequent to receipt of this confirmation the conditions of paragraph 8.2 will apply. Where the decision is taken by the school in the year of departure the conditions of 8.3 will apply.
7.5 In the event that Participant or School fail to pay the full expedition price, this will be treated as a voluntary withdrawal from the Expedition and the provisions of paragraph 8.3 shall apply.
8. REFUNDS AND CHARGES
8.1 Where the Participant withdraws from the Expedition or is withdrawn from the Expedition pursuant to paragraph 7 the Participant shall reimburse Outlook all reasonable costs, losses or expenses that Outlook suffers or incurs as a result of the withdrawal, including but not limited to, all costs incurred in connection with flight bookings, pre-booked activities and the return of the Participant to the UK from the Expedition. Outlook reserves the right to ask the Participant to purchase any necessary international flights in advance of travel.
8.2 Where the school withdraws a participant due to the reasons
outlined in 7.4.1, the school is responsible for providing confirmation
of their decision and the circumstance for the decision to Outlook. All
refunds are dependent upon confirmation from the school regarding the
circumstance of the withdrawal and the participant having notified
Outlook within the specified timeframe outlined in 7.4.1.
Where
the participant contacts Outlook within the specified timeframe and the
circumstance of the withdrawal is deemed appropriate. The participant
will be liable to pay Outlook a £50.00 administration charge and any
irrecoverable costs in excess of the monies paid by the participant
toward the expedition at the time of the withdrawal. Where any
irrecoverable costs are less than the monies paid toward the expedition
by the participant, Outlook will refund to the participant all monies
received less any irrecoverable costs; in addition, the participant will
be liable to pay Outlook a £50.00 administration charge.
8.3 In the event that the Participant withdraws, or is withdrawn from the Expedition pursuant to paragraph 7, the Participant will be liable to pay to Outlook the cancellation charges specified in the table below. In addition to the cancellation percentage specified, where the expedition departure is less that 330 days, a £50 administration charge will also be applied.
Length of time between the Departure Date and confirmed receipt of notification (calendar days) / Percentage of the Expedition Price:
30 days or less= 100%
Between 31 days and 90 days= 90%
Between 91 days and 120 days= 80%
Between 121 days and 150 days= 50%
Between 151 days and 180 days= 30%
Between 181 days and 210 days= 25%
Between 211 days and 300 days= 20%
Between 301 days and 329 days= 15%
More than 330 days= Loss of deposit
9. IF WE CHANGE OR CANCEL THE EXPEDITION PROGRAMME
9.1 It is unlikely that Outlook will have to cancel the Expedition; however, we reserve the right to do so. However, Outlook will not cancel the Expedition less than 4 weeks before the Departure Date, except for reasons of Force Majeure. If Outlook are unable to provide the Expedition for any reason the provisions of paragraph 4.5 shall apply. If it is necessary to cancel the Expedition for reasons other than Force Majeure, Outlook will also pay the Participant compensation as set out in the table below.
9.2 If the Expedition is cancelled Outlook will not be liable for any indirect or consequential loss suffered by the Participant such as, but not limited to, onward travel arrangements, subsequent tours or onward flight arrangements.
9.3 In all cases of Significant Change, except where the Significant Change arises due to reasons of Force Majeure, Outlook will pay compensation as detailed below.
Length of time between Departure Date and the date of written notification of cancellation / Amount the Participant will receive:
More than 42 days= £Nil
41 - 28 days= £20.00
27 - 14 days= £30.00
13 days – date of travel= £40.00
9.4 Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the European Union. You will be notified as soon as possible if we become aware of any confirmed bookings that will be affected. In the event of an unavoidable circumstance that is beyond the control of Outlook, we would treat the instance as Force Majeure. Where a Participant or School choose to withdraw from the Expedition following a change caused by Force Majeure, the provisions of paragraph 8.3 will apply.
9.5 In
launching an expedition with a school or organised group, Outlook
requires a minimum number of participants in order to proceed and 'go
live' with the expedition, following the deposit payment deadline.
Should the minimum number of participants not be achieved following the
deposit deadline and/or any agreed extensions to said deadline, Outlook,
at its absolute discretion, reserves the right not to proceed;
therefore cancelling the expedition at that stage. In this instance, any
deposits paid to secure a place on the expedition in question will be
refunded in full. Please be aware that this is the only circumstance
under which the deposit becomes refundable.
10. FINANCIAL PROTECTION
10.1 Outlook hold an Air Travel Organiser's Licence issued by the Civil Aviation Authority (ATOL number 6697). When the Participant buy’s an ATOL protected flight or flight inclusive holiday from Outlook, they will receive an ATOL Certificate. This lists what is financially protected, where the Participant can get information on what this means and who to contact if things go wrong. Outlook, or the suppliers identified on the ATOL Certificate, will provide the Participant with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither Outlook nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide the Participant with the services bought or a suitable alternative (at no extra cost to the Participant). The Participant agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and any money outstanding will be paid by the Participant under contract to that alternative ATOL holder. However, the Participant also understands that in some cases it will not be possible to appoint an alternative ATOL holder, in which case the Participant will be entitled to make a claim under the ATOL scheme. If Outlook, or the suppliers identified on the Participants ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) the Participant, under the ATOL scheme. The Participant agrees that in return for such a payment or benefit, they assign absolutely to those Trustees any claims which they have or may have arising out of or relating to the non-provision of the services, including any claim against Outlook or the travel agent where applicable. The Participant also agree that any such claims may be re-assigned to another body, if that other body has paid sums that the Participant has claimed under the ATOL scheme. Please note: Not all holiday or travel services offered and sold by Outlook will be protected by the ATOL scheme *The air inclusive holidays and flights Outlook arrange are ATOL protected providing they are made available in the UK. For further information, visit the ATOL website at www.atol.org.uk.
11. OUTLOOK’S LIABILITY
11.1 Outlook promise to make sure that the Expedition arrangements they have agreed to make, perform or provide as applicable as part of their contract with the Participant are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, Outlook will accept responsibility if, for example, a Participant suffers personal injury or their contracted Expedition arrangements are not provided as promised or prove deficient as a result of the failure of Outlook, their employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, the Participant’s contracted Expedition arrangements; however, it will be assumed that any declaration of compliance, including liability release, signed by the participant releasing our suppliers from liability, will also apply to Outlook. Please note, it is the Participant’s responsibility to show that reasonable skill and care has not been used if they wish to make a claim against us. In addition, Outlook will only be responsible for what their employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work they had asked them to do (for agents and suppliers).
11.2 Outlook will not be responsible for any injury, illness, death, loss (including loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or
the act(s) and/or omission(s) of a third party not connected with the provision of the Expedition and which were unforeseeable or unavoidable or
- 'force majeure' as defined above
11.3 Outlook cannot accept responsibility for any services which do not form part of their contract with the Participant. This includes, for example, any additional services or facilities which any supplier agrees to provide for the Participant where the services or facilities are not advertised by Outlook and they have not agreed to arrange them as part of their contract with the Participant and any excursion the Participant purchases whilst on the Expedition. Please also see clause 13 “Excursions”,. In addition, regardless of any wording used by Outlook on their website, in any advertising material or elsewhere, they only promise to use reasonable skill and care as set out above and do not have any greater or different liability to the Participant.
11.4 The promises Outlook make to the Participant about the services they have agreed to provide or arrange as part of their contract - and the laws and regulations of the country in which the Participant’s claim or complaint occurred - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable expedition participant to refuse to take the Expedition in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 11.1. Outlook do not make any representation or commitment that all services will comply with applicable local laws and regulations and failure to comply does not automatically mean Outlook have not exercised reasonable skill and care.
11.5 Where Outlook are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount Outlook must pay the Participant is £500.00 per person affected unless a lower limitation applies to the claim under this clause or clause 11.6 below. The Participant must ensure they have appropriate travel insurance to protect their personal belongings.
11.6 For all other claims which do not involve death or personal injury, if Outlook are found liable to the Participant on any basis the maximum amount they will have to pay the Participant is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total.
11.7 Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies, Outlook’s liability (including the maximum amount of compensation they will have to pay the Participant, the types of claim and the circumstances in which compensation will be payable) will be limited as if Outlook were the carrier in question as referred to below. The most Outlook will have to pay for that claim or that part of a claim if they are found liable to the Participant on any basis is the most the carrier concerned would have to pay under the international convention or regulation which applies to the travel arrangements in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Athens Convention for international travel by sea (as amended by the 2002 Protocol where applicable) and COTIF, the Convention on International Travel by Rail). Where a carrier would not be obliged to make any payment to the Participant under the applicable international convention or regulation in respect of a claim or part of a claim, Outlook similarly are not obliged to make a payment to the Participant for that claim or part of the claim. When making any payment, Outlook are entitled to deduct any money which the Participant has received or are entitled to receive from the carrier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from Outlook on request.
11.8 Please note, Outlook cannot accept any liability for any damage, loss, expense, or other sum(s) of any description (1) which, based on the information given by the Participant, or lack thereof, Outlook could not have foreseen the Participant would suffer or incur (2) which did not result from any breach of contract or other fault by Outlook, Outlook’s employees, or Outlook’s suppliers where Outlook are responsible for them. Additionally Outlook cannot accept liability for any business losses (including without limitation, self-employed loss of earnings).
12. TRANSFER OF BOOKING
12.1 The Participant may, with the consent of Outlook, transfer its booking to another Participant. Such transfer is subject to:
12.1.1 that Participant accepting the terms of the Contract and providing to Outlook all necessary and requested information;
12.1.2 the replacement Participant being fit to travel and insurable in accordance with these terms and conditions and the terms and conditions of the Travel Insurance Company;
12.1.3 the payment by the Participant of an administration fee of £50.
12.2 Whilst it is the intention of Outlook to perform the obligations under this Contract directly, Outlook may choose to sub-contract any element of its obligations under this Contract.
13. EXCURSIONS
Excursions or other tours that the School or Participant may choose to book, pay for or undertake whilst the Participant is on an Expedition, are not part of the Expedition arrangements provided by Outlook. For any excursion or other tour that the School or Participant books, his/her contract will be with the operator of the excursion or tour and not with Outlook. Outlook shall not be responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator. In the event of cancellation or alteration of the Expedition, Outlook shall have no liability for any losses the School, Participant or Participant may incur relating to such excursions or tours.
14. FLIGHTS
14.1 In accordance with EU Regulation No 2111/2005, Outlook are required to bring to the Participant’s attention the existence of a “Community list” which contains details of air carriers who are subject to an operating ban within the EU. The Community list is available for inspection at https://ec.europa.eu/transport/modes/air/safety/air-ban_en
14.2 Outlook are also required to advise of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate the Participant’s flight(s) at the time of booking. Where Outlook are only able to inform the Participant of the likely carrier(s) at the time of booking, they will inform the Participant of the identity of the actual carrier(s) as soon as they become aware of this. Any change to the operating carrier(s) after a booking has been confirmed will be notified as soon as possible.
14.3 If the carrier with whom the Participant has a confirmed reservation becomes subject to an operating ban as above as a result of which Outlook’s carrier are unable to offer a suitable alternative the provisions of clause 4.5 will apply. Outlook are not always in a position at the time of booking to confirm the flight timings which will be used in connection with any flights. Flight timings are outside Outlook’s control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time.
14.4 Specific instructions relating to departure and travel arrangements will be provided approximately 4 weeks before departure. The Participant must accordingly check the flight information very carefully immediately on receipt to ensure they have the correct flight times. It is possible that flight times may be changed even after schedules have been confirmed - Outlook will contact the Participant as soon as possible if this occurs.
14.5 Any change in the identity of the carrier, flight timings, and / or aircraft type (if advised) will not entitle the Participant to cancel or change to other arrangements without paying our normal charges except where specified in these conditions.
14.6 Where information provided by the Participant and used by Outlook is found to be incorrect and incurs charges to correct ticket details, Outlook reserves the right to recover the cost from the Participant and charge an administration fee of £50.
15. DELAY
15.1 In the event of any flight delay or cancellation at a UK or overseas point of departure, the airline is responsible for providing such assistance as is legally required by the Denied Boarding Regulations (see below). The ferry, tunnel or rail operator is similarly responsible in relation to any delayed or cancelled sea crossing or international rail departure. Except where otherwise stated in our brochure or on our website, Outlook regret that they cannot provide any assistance in such circumstances other than information and advice to the extent we are in a position to do so.
15.2 Outlook cannot accept liability for any delay which is due to any of the reasons set out in clause 11.2 of these booking conditions (which includes the behaviour of any passenger(s) on the flight who, for example, fails to check in or board on time). In addition, we will not be liable for any delay unless it has a significant effect on the Expedition arrangements.
15.3 If a flight is cancelled or delayed, the flight ticket is downgraded or boarding is denied by the airline, then depending on the circumstances, the airline may be required to pay compensation, refund the cost of the flight and/or provide accommodation and/or refreshments under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004. Where applicable, the Participant must pursue the airline for the compensation or other payment due to them. All sums the Participant receives or is entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of their entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle the Participant to cancel a flight does not automatically entitle the Participant to cancel any other arrangements even where those arrangements have been made in conjunction with their flight. Outlook has no liability to make any payment to the Participant in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of their entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations. If, for any reason, Outlook makes any payment to the Participant or a third party which the airline is responsible for in accordance with the Denied Boarding Regulations, the Participant must, when requested, assign to us the rights they have or had to claim the payment in question from the airline. If the airline does not comply with these rules the Participant may complain to the Civil Aviation Authority on 020 7453 6888 or by e-mail to passengercomplaints@caa.co.uk or see www.caa.co.uk – Referring Your Complaint to the CAA
16. EQUAL OPPORTUNITY/DISABILITY STATEMENT
It is the policy of Outlook to ensure equal opportunity to Participants without regard to race, colour, religion, national origin, ancestry, gender, sexual orientation, disability or parental status.
17. COMPLAINTS AND DISPUTES
17.1 If there is a problem or complaint during the Expedition, the Participant must report it to the Leader Team or a Director of Outlook immediately in order to enable prompt and effective efforts to resolve the problem. In the unlikely event that the problem cannot be resolved at this time, and the Participant wishes to raise a complaint, Outlook must receive full written details of the complaint within 28 days of the date that the Expedition returns to the U.K. The booking reference number, daytime and evening telephone numbers should be included. Failure to take these steps may prejudice Outlook’s ability to resolve any problem and/or investigate it fully and any right to compensation may be lost or reduced.
17.2 Where there is any dispute between the Participant and a member of the Leader Team, the dispute will be determined by Outlook, whose decision will be final (usually after consultation with the School and/or Participant).
17.3 Where there is a complaint prior to the expedition departure, Outlook must receive full written details of the complaint. This can be done either by sending an email to customer.service@outlookexpeditions.com or by letter to the Customer Service Manager at, 1 Overleigh Road, Chester, Cheshire, United Kingdom, CH4 7HL.
18. DATA PROTECTION
Outlook are committed to protecting your privacy on all platforms. Our Privacy Notice sets out the basis on which any personal information or personal data (any information about you which is personally identifiable) that Outlook collects from you or that you provide to Outlook, will be processed by us. Please refer to Outlook's Privacy Notice for further information.
19. PROMOTIONAL MATERIALS
By agreeing to these Booking Terms and Conditions, the Participant confirms that they have read, understood and agree with the terms outlined in our Privacy Notice - please refer to the Marketing Practices section.
20. SEVERABILITY
If any of these terms and conditions is found by any Court or other competent authority to be wholly or partly unfair or unenforceable the validity of the rest of these terms and conditions and the rest of the term or condition in question shall not be affected and shall remain valid and enforceable to the extent permitted by law.
A person who is not a party to the Contract or these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract or these terms and conditions but this does not affect any right or remedy of a third party which exists or is available apart from this Act.
These terms and conditions together with the Expedition Brief form the entire agreement between Outlook and the Participant and/or Participant and supersede all prior representations, communications, negotiations and understandings, whether verbal, written or otherwise.