Choose a Challenge Participant Terms and Conditions

The terms and conditions set out below form the basis of your relationship as the “ Participant ” with Choose a Challenge, a trading name of RW Travel and Events Limited (“ the Organiser ”) of 27 Old Gloucester Street, London, WC1N 3AX and the Charity for whom you have chosen to raise funds (“ the Charity ”).

Please read these Terms and Conditions carefully as they set out each party’s respective rights and obligations. All bookings are subject to the following terms and conditions. The contract between you and us comes into existence once you submit your first payment to us.

 

Definitions:

●  Participant. That’s you - the person undertaking the challenge and agreeing to these terms and conditions (often referred to as ‘you’, ‘your’ etc).

●  Charity. That’s the UK registered Charity that is clearly outlined on the registration portal. The Trip is designed to raise funds for the them. The Charity will support you in your fundraising efforts but are not involved whatsoever in the organisation of the flights/ground arrangements etc.

●  Organiser. That’s us - Choose a Challenge. “t he Organiser ” mean the organiser as defined by the Package Travel, Package Holidays and Package Tours Regulations 1992 (Statutory Instrument 1992 No. 3288) and any amendment or re-enactment of the same and all other legislation implementing the EC Directive on Package Travel, Package Holidays and Package Tours (Council Directive 90/314/EEC). Often referred to as ‘us’ or ‘we’.

●  “ the Trip ” means the inclusive arrangements, flights, accommodation, marathon entrance, vehicle hire and all other products and services provided by Organiser pursuant to this Agreement.

●  “ the Trip Cost ” means the cost of the Trip due to the Organiser. The Trip Cost is the total cost of the Trip, consisting of both the Registration Fee and the Balance Payment, which forms part of the Fundraising Target if you are fundraising for charity. It includes all airlines fuel supplements and taxes however does not include any surcharges that may be applicable to your Trip due to factors beyond our control.

●  “ the Charity ” means the Charity that you elect to be the beneficiary of the Trip as identified in the registration form.

●  Registration Fee. That’s your deposit fee payable to us. It is payable in two instalments and guarantees your place on the Trip, subject to you achieving your fundraising target and any other payments due to us. If you cancel your place within 72 hours of the initial instalment being paid then it may be refunded to you and the second instalment will not be charged. Beyond 72hrs the first instalment of the registration fee is non-refundable and the second instalment will still be charged in all circumstances.

●  Fundraising Target - That’s the minimum amount of money you must pay the Charity outlined on your registration portal in order to take part in the Trip. If you are unable to meet your fundraising payment by the stipulated date (8-weeks prior to departure) then your place on the Trip will be cancelled and in this circumstance your registration fee is non-refundable. Any payments you have made to the Charity are also non-refundable.

●  Balance Payment - That’s the remainder of the cost of your Trip on top of your registration fee. It is paid to Choose a Challenge by the Charity if you are a fundraising participant and is a fixed cost that represents no more than 50% of your Fundraising Target (excluding any surcharges). If you are not fundraising for charity this is paid by you to us.

●  Flexi Payment . A balance payment contribution payment made by you to us in order to reduce your Fundraising Target (maintaining the 50:50 ratio of balance payment to fundraising target). This is clearly outlined on the registration form.

●  Extension Balance Payment - That’s the remainder of the cost of any extension trip you have chosen to purchase and is payable by you to us by the stipulated date. The Charity is not involved in the payment of extension balance payments. All extension products also have an additional registration fee.

 

1. Altitude

a. By registering for a Trip you acknowledge and consent to the itinerary which is outlined on the registration portal. Many of our itineraries involved trekking to high altitude. There is a significantly increased risk of altitude sickness leading to death or serious injury in trekking to altitude over a short space of time, which many of our itineraries do. You should read your itinerary carefully and satisfy yourself that you are prepared to trek to the outlined altitude over the stipulated time-period. You hereby consent and agree that you are happy to proceed on this basis and if you are not, you should not register for this challenge. You are advised to consult with a medical practitioner to determine if you should attempt trekking.

 

2. Assumption of Risk

a. By registering for the Trip, you acknowledge that you are aware that adventure travel such as the Trip you are undertaking involves potentially dangerous activities, sometimes in remote areas of the world, with a risk of illness, injury or death which may be caused by forces of nature, illness, or by wilful or criminal conduct of third parties or by terrorism. You further acknowledge that weather conditions may be severe, adverse and/or unpleasant and that medical services or facilities may not be readily available or accessible or consistent with standards in the United Kingdom during some or all of the time during which you are participating in the Trip. If you are not happy to proceed on this basis you should not register for this Trip.

 

3. Who Organises the Trip?

a. Choose a Challenge is the Organiser of the Trip. Your contract for the Trip is with the Organiser. Please note that the Organiser’s responsibilities are limited to the provision of the Trip in accordance with this Agreement. Except in relation to monies paid to the Charity and held by them on the Organiser’s behalf, the Organiser has no responsibility for any payments made to the Charity or for any act(s) or omission(s) of the Charity. The Charity is not engaged with the organisation of the Trip and is simply the beneficiary of the money you raise. The Charity has no responsibility for any payment made to the Organiser by the Participant or any third party or for any act(s) or omission(s) of the Organiser.

 

4. Payments

a. At time of reservation: First instalment of the registration fee and your extension registration fee if you have opted to do the extension. Please note if you opt to upgrade to the extension after you have initially registered your extension registration fee will be due at that point.

b. At the registration portal closing date, usually 16-24 weeks prior to the departure date (but clearly outlined in the registration portal): the second instalment of your registration fee. Please note if you cancel your place for whatever reason the second instalment is still payable and will still be charged.

c. 12-weeks prior to your departure date. Your flexi payment (if you have selected this option) along with your extension balance payment will be charged. You may change your flexi-payment amount up until 56 days prior to departure and any additional charge will be due immediately. Any refund owing will be processed with 7-10 working days. This will be clearly communicated to you on the registration portal.

d. Payment schedules for some products may vary for time to time and this will be clearly outlined on your registration form.

e. Prices are quoted in British Pounds and all payments must be made in British Pounds by BACS Payment, debit card or credit card.

f. For flight and non flight inclusive bookings, all monies paid to the Charity (if any) up to the full amount of the Trip cost will be held on the Organiser’s behalf until they are paid to the Organiser or refunded to you. Please note: this Clause only applies to monies paid to the Charity up to the full amount of the Trip Cost. Any additional monies paid to the Charity over and above the Trip Cost belong to the Charity.

g. If the Organiser or the Charity (as applicable) do not receive all payments due from you (including any surcharge where applicable) in full and on time as set out in these terms and conditions, your place on the Trip will not be guaranteed. If you are allowed to proceed further surcharges may be applicable. The Organiser will be entitled to keep the Registration Fee paid or due at that date. The Charity will be entitled to keep any monies fundraised as these monies were raised for charitable purposes.

 

5. Pricing & Minimum Numbers

a. To offer the lowest possible price, all of our trips are priced according to the number of full-price participants on the trip. If less than minimum numbers are achieved on certain trips surcharges may be applicable. In such cases these will be clearly communicated to you. Most trips operate with a minimum number of 12 participants and extension trips operate with a minimum number of 4 participants. If we do need to levy a surcharge you must pay it in order to take part in the trip, unless the surcharge exceed more than 10% of the overall trip cost (all registration fees + all balance payments) in which case you will have the option to cancel and receive a full refund of all monies paid relating to either the main challenge, or the extension - whichever is applicable. All payments to the Charity however are non-refundable.

b. Your trip maybe cancelled due to insufficient numbers up until 42 days prior to departure. If you trip is cancelled by us due to insufficient numbers you will be offered a free of charge transfer, a free of charge deferral, or a full and complete refund of all monies paid to us.

c. All extension trips operate with a minimum no. of 4 participants. However if less than 6 participants have registered for the extension at point registration portal closes the extension will be cancelled and you will be transferred to an immediate return trip.

d. Prices are per person and there are inclusions and exclusions clearly outlined in your Challenge Info Pack - please give it a read before you register.

e. The Trip Cost you agree to pay consists of the basic Trip cost advised at the time of booking and the full amount of any fuel supplement or taxes imposed by any airline providing flights which form part of your Trip together with any other amounts you agree to pay the Organiser for the Trip. Once the Trip Cost has been confirmed at the time of booking we will only increase it by way of a surcharge. A surcharge will be payable, subject to the conditions set out in this Clause, if our costs increase as a result of:

i. Transportation costs (e.g. fuel, scheduled airfares and any other airline surcharges) which are part of the contract between airlines (and their agents) and the Organiser or dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at airports increasing.

ii. Our costs increase as a result of any changes in the exchange rates which have been used to calculate the cost of the Trip. For guidance the Trip Cost is based on a minimum exchange rate £1 (GBP) = € 1.2 (EURO) = $1.3 (USD)

iii. Our costs increase due to a government issued tax or levy that was not present when the initial Trip Cost was calculated. For example an increase or introduction in national park fees, VAT, entrance fees and/or minimum wage guiding services as directed by a government agency. These costs will clearly and demonstrably be outwith our control.

f. We will not issue a surcharge to you unless the total cost of the surcharge exceeds 2% of your total Trip Cost. If any such surcharge is greater than 10% of the Trip Costs and you do not wish to accept the surcharge you will be entitled to cancel your booking and receive a full refund of the Registration fee and the Balance Payment. The Organiser does not refund amendment charges. You have 14 days from the issue date printed on the surcharge invoice to tell the Organiser if you want to cancel or purchase another Trip. If you do not tell the Organiser that you wish to do so within this period of time, the Organiser is entitled to assume that you will pay the surcharge. Any surcharge must be paid with the balance of the cost of the Trip or within 14 days of the issue date printed on the surcharge invoice, whichever is later.

 

6. Cancellations and Refunds

a. If it becomes necessary for you to cancel your trip, the following fees will apply, computed as of the date of receipt of written cancellation notice, which must be sent by email.

i. Up to 56 days prior to departure: You’ll lose your registration fee(s) for both the main trip and the extension trip and any payments you have made to the Charity are non-refundable. If the second installment of your registration fee hasn’t been paid this will still be due and will be charged as outlined. If you have made any balance payments (including flexi payments) these will be refunded to you.

ii. 0-56 days prior to departure: 100% of all payments made or due are non-refundable.

b. Your place will be cancelled with no recourse to refund (partial or complete) if you fail to pay your extension balance payment, flexi payment or any other sums due by you, to us, 10-working days prior to departure.

c. Please note Choose a Challenge will follow advice from both the Foreign and Commonwealth Office and our ground handler with regards to safety and security within any destination country. If the FCO advises UK citizens not to travel to your chosen destination we will cancel your Trip and you will be entitled to refund (as outlined below), if this cancellation occurs outside of 8-weeks prior to the departure date. If the FCO does not specifically advise against travel to your destination your Trip will continue as planned.

 

7. Fundraising Ethics

a. You agree that you will not give the impression, or make out that your Balance Payment may be counted as a Charitable donation. You acknowledge that 50% of the Fundraising Target is used to pay for your Trip, through which you gain a benefit and the remaining 50% may be treated as a donation to Charity.

 

8. Medical Authorisation, Coverage and Travel Insurance

a. In the event you become sufficiently incapacitated as to be unable to direct you own care, you authorise any and all medical treatment deemed necessary in the event of any injury or illness while participating on the Trip whether or not administered by medical or non-medical personnel.

b. In addition, you certify that you will have medical insurance which will cover personal accidents, medical expenses, medical evacuation, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to you, or that in the absence of this medical insurance coverage, you agree to pay all costs of rescue and/or medical services as may be incurred on your behalf.

c. You must provide proof of suitable travel insurance, which includes medical repatriation, to Choose a Challenge no later than 10 working days prior to your departure date. If you are unable to provide such evidence of insurance Choose a Challenge will cancel your place on the Trip and you will not be entitled to a refund of any monies paid. We highly recommend you also include trip cancellation insurance in case you are forced to cancel or transfer your place due to insurable or unforeseen reasons. Please ensure travel insurance is suitable to the Trip you are undertaking, for example coverage of trekking up to 6,000m ASL if you are undertaking a Kilimanjaro trip.

d. If you have declared medical conditions to us we may require you to provide further information or a note from a suitably qualified practitioner certifying your ability to take part in the Trip. We will contact you by both email and phone no later than 42 days prior to the departure date requesting such information. If you do not respond to our reasonable requests for further information and you have failed to provide the required documentation 10 working days prior to the departure date then your place on the Trip will be cancelled without recourse to refund.

 

9. Transfers

a. You may transfer to another trip departing the same year for a fixed fee of £100 + any non-recoverable costs incurred by Choose a Challenge as long as you are outside of 56 days prior to the departure date. Transfers within 56 days are not permitted under any circumstances. Transfers are subject to availability and any increase in your new trip cost will be chargeable.

b. You may change your travel option (for example adding or removing an extension product resulting in a change in your flight dates, or moving onto or away from a flight inclusive package) for a fixed fee of £100 + any third party imposed costs incurred by Choose a Challenge as long as you are outside of 12-weeks prior to the departure date. Change of travel options within 12-weeks of the departure date are not permitted. All transfers are subject to availability.

 

10. Deferral

a. Subject to availability you may choose to defer your trip by a year and join a future trip departure raising money for the same Charity, if you have opted to fundraise. Deferrals are subject to a £200 fee + you will need to conform to the pricing schedule for the new trip. Deferrals are subject to availability.

b. In order to guarantee your ability to defer you must have paid your £200 deferral fee prior to the departure date of your original trip.

 

11. Changes to Trips

a. A ‘Significant Change’. A Significant Change is a change made before departure which, taking account of the information you give the Organiser at the time of booking and which the Organiser can reasonably be expected to know as the Organiser, the Organiser reasonably expects to have a major affect on the Trip. Significant Changes are likely to include the following changes when made before departure; a change of accommodation for the whole or a major part of the time you are away to that of a lesser standard, a change of outward departure time or overall length of time you are away of thirty six or more hours, a change of UK departure point to one which is significantly more inconvenient for you and, a significant change of itinerary missing out one or more major destinations substantially or altogether. If the Organiser has to make a significant change or cancellation, the Organiser will tell you as soon as possible. If there is time to do so before departure, the Organiser will offer you the choice of the following options for Significant Changes:-

i. Accepting the changed arrangements

ii. Purchasing an alternative Trip from the Organiser, of a similar standard to that originally booked if available. The Organiser will offer you at least one alternative Trip of equivalent standard. If this Trip is in fact cheaper than the original one, the Organiser will refund the price difference to you (if you have paid the Trip Cost to the Organiser directly yourself) or the Charity (if the Organiser have received the Trip Cost from the Charity). If you do not wish to accept the Trip the Organiser specifically offers you, you may choose any of the Organiser’s other available Trips. The price of these may be higher or lower than the original Trip and the difference will be either payable by, or refunded, to you.

iii. Cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies (including the Registration Fee) you have paid directly to the Organiser. Please note if the cancellation occurs within 56 days of the departure date due to factors beyond the Organiser's control then the Organiser will not be able to make any refunds to you.

b. A “Minor Change” is any change which, taking account of the information you have given the Organiser at the time of booking or which the Organiser can reasonably be expected to know as the Organiser, the Organiser could not reasonably expect to have a significant effect on the Trip.

i. Examples of minor changes include a change in accommodation to that of a higher or similar standard, a change in meal plans, and change in itinerary routing whilst achieving the same overall goal, or a change in transportation whereby the newer classification of transportation is a similar or higher standard (for example changing from a vehicle transfer to a flight transfer).

c. Very rarely, the Organiser may be forced by “Force Majeure” (see “the Organiser’s Liability” below) to change or terminate the Trip after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, the Organiser regrets it will be unable to make any refunds (unless it obtains any refunds from its suppliers), pay you any compensation or meet any costs or expenses you incur as a result.

 

12. Flight Delays and Lost Baggage

a. Flight delays are outside of our control and we can not be held responsible for lost time in relation to these. If you miss a flight change the airline will provide you with the necessary food and accommodation until you are able to continue on your journey. Where possible we will liaise with the airline to extend your return flight leg to ensure you have no loss of time in the ground arrangements. This is however not always possible and in such circumstances we will be unable to offer you any compensation, beyond that which the airline will offer. Lost baggage by an airline is outside of our control and is solely an issue between you and the airline involved. We recommend the travel insurance you source provides cover for such eventualities.

 

13. Cancelled Trips

a. Choose a Challenge reserves the right to cancel any trip prior to departure for any reason whatsoever, including insufficient sign ups or logistical problems that may impede trip operations. The refund of all payments received shall release Choose a Challenge from any further liability. A trip with insufficient sign ups would normally be cancelled a minimum of 4 months prior to departure. If Choose a Challenge cancels a Trip you will receive a full refund of all monies paid, unless the cancellation is due to factors that, using all good practice, Choose a Challenge would not reasonably been able to foresee. Such factors include, but are not limited to:

i. Acts of God

ii. War,

iii. Labour strikes

iv. Earthquake

v. Flooding

vi. The FCO changing its advice on travel to a specific jurisdiction whereby it advises UK Citizens to avoid ‘all but essential’ travel.

vii. Other items under ‘Force Majeure’

b. If we are forced to cancel a trip due to such factors we will refund you in full, less any non-refundable costs we have incurred in relation to your booking including but not limited to airline deposits, ground supplier deposits and administration fees. Choose a Challenge is not responsible for expenses incurred by Participants in preparing for a cancelled trip (e.g., non-refundable advance purchase air tickets, visa fees, vaccinations, equipment, etc.) or for any additional arrangements should the trip member have embarked prior to the scheduled group departure date.

 

14. Medical Conditions.

a. It is your responsibility to ensure you have provided us with all relevant information regarding your personal physical and mental health in order that we may asses and make reasonable adjustments to the Trip to accommodate you. Occasionally we may ask you to provide a letter from your Doctor confirming fitness to participate. We are committed to ensuring our Trips may be enjoyed by everybody irrespective of race, religion, disability or gender. Due to the nature of some of our Trips we can not always accommodate everybody and we would advise that you speak to us first before registering for a Trip if you are unsure as to whether a Trip would be suitable.

 

15. What if I have a complaint?

a. Should you have a complaint about any part of the Trip, you must tell both the relevant supplier and the tour leader at the time. It is only if the Organiser and the relevant supplier know about problems that there will be the opportunity to put things right. Any complaints must be communicated to the tour leader verbally immediately while on tour and to the UK office no later than 14 days after the return of the trip.

 

16. Liability

a. We will use reasonable endeavours to make sure that the Trip arrangements the Organiser has agreed to make, perform or provide which form part of its contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking Terms and Conditions the Organiser will accept responsibility if, for example, you suffer death or personal injury, or your contracted Trip arrangements are not provided as promised, or prove deficient as a result of the failure of the Organiser, the Organiser’s employees, agents or suppliers. The Organiser, its employees, agents and/or suppliers will use reasonable skill and care in making, performing or providing, as applicable, your contracted Trip arrangements. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against the Organiser. In addition, the Organiser will only be responsible for what its 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 the Organiser had asked them to do (for agents and suppliers).

b. We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:-

i. The act(s) and/or omissions(s) of the person(s) affected or any member(s) of their party

or

ii. The act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable

 or

iii. ‘Force Majeure’

c. The promises the Organiser makes to you about the services it has agreed to provide or arrange as part of its contract with you – and the laws and regulations of the country in which your 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 complication 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 Participant to refuse to take the Trip in question.

d. As set out in these booking conditions the Organiser limits the maximum amount it may have to pay you for any claims you may make against it. Where the Organiser is found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount the Organiser will have to pay you is £1,000 per Participant affected unless a lower limitation applies to your claim under this Clause.

e. For all other claims which do not involve death or personal injury, if the Organiser is found liable the maximum amount it will pay you is twice the price (excluding insurance premiums and amendment charges) paid by, or on behalf of, the Participant(s) affected in total unless a lower limitation applies to your claim under this Clause. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from the Trip.

f. 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, rail or road carrier or any stay in a hotel, the maximum amount of compensation the Organiser will pay you will be limited. The most the Organiser will pay you for that claim or that part of a claim if the Organiser is found liable to you on any basis, is the most the carrier or hotel keeper concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question (for example, the Warsaw Convention as amended or un-amended and the Montreal Convention for international travel by air and/or for airlines with an operation license 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).

i. Please note:  Where a carrier or hotel would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, the Organiser is similarly not obliged to make a payment to you for the claim or part of the claim. When making any payment, the Organiser is entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question. Copies of the applicable International Conventions and Regulations are available from us on request.

g. Please note, the Organiser cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to the Organiser by you concerning your booking prior to the Organiser accepting it, the Organiser could not have foreseen you would suffer or incur if the Organiser breached their contract with you or (2) which did not result from any breach of contract or other fault by the Organiser or its employees or, where the Organiser is responsible for them, its suppliers. Additionally the Organiser cannot accept liability for any business losses.

h. You must provide the Organiser and it insurers with all assistance it may reasonably require. You must also tell the Organiser and the supplier concerned about your claim or complaint as set out under “What if I have a complaint?”. If asked to do so, you must transfer to the Organiser or their insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to co-operate fully with the Organiser and its insurers if the Organiser or its insurers want to enforce any rights which are transferred.

i. Force Majeure. Except where otherwise expressly stated in their booking conditions, the Organiser regrets it cannot accept liability or pay any compensation where the performance or prompt performance of their obligations under their contract with you is prevented or affected by or you otherwise suffer any damage or loss as a result of “Force Majeure”. In these Booking Conditions, “Force Majeure” means any Trip which the Organiser or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such Trips may include war or threat of war, riot, civil strife, actually or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar Trips outside our control.

j. Choose a Challenge reserves the right to refuse as a trip participant, or remove, at his or her own expense and without any refund, from a trip, any person we judge to be incapable of meeting the rigours and requirements of participating in the activities, or who we determine to detract from the enjoyment of the trip by others, or whose action is likely to endanger other participants or bring either Choose a Challenge or the Charity into disrepute, either before or during the Trip. You agree to follow all written and verbal rules of safety or otherwise presented to you by Choose a Challenge, the trip leaders, or the local ground handler. Choose a Challenge reserves the right to make route, hotel, itinerary, leader changes and trip modifications as required or desirable to improve the trip quality and/or to accommodate the comfort and well-being of guests.

 

17. Your Responsibility

a. You are responsible for fully and completely completing your registration form to the best of your knowledge. If you need to make adjustments to the data you have provided us (such as name changes) this can be done for free of charge plus any non-refundable supplier imposed costs. Please note adjustments within 56 days of the departure date are not always possible and the supplier imposed costs may be significant.

b. If you deliberately withhold information from us on your registration form (including medical) that we may reasonably request and this information would have had a material impact on your suitability to take part in the Trip then we will cancel your place immediately with no recourse to refund. If this cancellation occurs whilst you are on your Trip the remainder of your Trip will be cancelled and you will need to make your own arrangements to return home.

c. You are responsible for arranging, and must be in possession of, a valid passport and any visas and vaccination certificates required for the whole of your journey. Information given by the Organiser about these matters or related items (climate, clothing, baggage, personal gear et cetera) is given in good faith but requirements may change and you must check the up to date position in good time before departure. It is your responsibility to obtain any necessary vaccinations for your tour and to do so well before the departure date. Please note if you are denied boarding due to a fault with your visa or your passport the Organiser can not be held responsible, and no refunds will be payable.

d. You have the responsibility to select a trip appropriate to your ability and interests. You must be in sufficient good health to undertake the trip. You are responsible for preparing for the trip by studying the itinerary and pre-departure information sent by Choose a Challenge and for bringing the appropriate clothing and equipment as advised therein. For the avoidance of doubt the majority of our Trips are only suitable for Participants who are in a good state of physical fitness and do not have any pre-existing cardiovascular medical conditions. If you are unsure as to your suitability please contact us prior to reserving a place on one of our Trips.

e. You are responsible for settling any medical bills you incur during the Trip directly yourself. Travel insurance is compulsory for all participants and you maybe able claim costs incurred from your travel insurance company. The Organiser will not pay for your medical bills on your behalf.

f. You are responsible for ensuring that you have access to funds that may be used to pay for unforeseen costs during your trip, such as medical bills.

g. You are responsible for any damage or loss caused by you to any equipment or any of our suppliers equipment. Full payment for any such damage or loss must be paid direct at the time to the accommodation owner or manager or other supplier. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with the Organiser’s own and the other party’s full legal costs) as a result of your actions.

 

18. Data

This clause provides notice to participants of our policies relating to the processing of personal data in accordance with the Data Protection Act 1998.

a. We collect data (including sensitive personal data relating to your delete as appropriate—racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health, sexual life or criminal record, diet) from you when you register for a Trip and we will share this data with suppliers (including airlines and ground suppliers inside and outwith the EU) and the Charity and your University (where applicable) who need to know it in order to carry out their reasonable obligations in executing their responsibilities in delivery of the Trip, the fundraising support, and their duty of care to you having regard to any medical conditions which you have and your dietary requirements. This includes sharing sensitive personal data such as your medical details and any dietary requirements. The Organiser will also use your data (but not sensitive personal data) to market future Trips to you and you may opt out of receiving such correspondence at any time.

b. The Organiser will pass on limited personal information to the Charity in order that they can provide you with fundraising support and advice. This information will not include any sensitive personal data.

c. The Organiser will pass on limited personal information to your University, Student Union or local ‘RAG’ to the extent to allow them to identify your participation on the program. Any such information will not include any sensitive personal data.

d. For the avoidance of doubt, the Organiser and the Charity shall be data controllers in common in respect of the processing of your personal data in accordance with the terms of the Data Protection Act 1998.

e. By your participation on the program you hereby accept the terms of this clause and consent to the processing by us of your personal information (including sensitive personal data) as described above.

 

19. Miscellaneous Matters

a. Choose a Challenge shall not be liable for (a) expenses such as additional hotel nights and meals not specified in the individual trip itineraries, but which may be required to get to or from a trip start or end; (b) expenses due to the delay of a trip for any reason (e.g., bad weather, trail conditions, land-slides, flooding, sickness, etc.); (c) expenses incurred in recovering luggage lost by airlines, belongings left behind on a trip, or in shipping purchases or other goods home from abroad.

b. Choose a Challenge reserves the right to take, or use (where you have shared this directly with us, or publicly through social media such as Facebook, Instagram and Youtube etc.), photographic or film records of any of our trips, and may use any such records for promotional and/or commercial purposes without payment.

 

20. Your Financial Protection

a. When you buy an ATOL protected air package from the Organiser you will receive a booking confirmation from us confirming your arrangements and your protection under our Air Travel Organiser’s License Number 10210.

i. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).

ii. If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.