Edumadic Ltd Terms & Conditions

Please read carefully:

Edumadic Ltd (‘the Company’, “Edumadic”, “we”, “us” and “our”) accepts bookings subject to the following conditions. Except where expressly stated, these conditions only apply to tour arrangements booked by the client with the Company and which the Company agrees to make, provide or perform (as applicable) as part of their contract with the client. All references in these conditions to “tour”, “booking”, “contract”, “trip”, “arrangements”, or “program” mean such tour arrangements unless otherwise stated.

1. Your tour contract

The contract is between the Company and the client (“the client” and “you” in these conditions), being any person travelling or intending to travel on a tour operated by the Company including any person who is added or substituted after booking. We both agree that English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with by the Courts of England, Wales, Scotland and Northern Ireland only. No promise of a discount or refund will be binding on us unless confirmed by us in writing.

2. To secure your booking

To secure a booking, the Company must receive payment of the deposit as set out in your deposit invoice. The Company will inform you of the deadline for the deposit to be paid. Your place on the program you applied for will be held until this deadline. If the deposit is not received by this time, your position on the tour will be released. If you do not secure your place by paying the deposit on time, you are still able to secure your booking at a later date, but the program you wish to attend may be full as your place will not be held for you beyond the deadline. If you pay your deposit after the deadline and the program is full, you can either (1) Get a refund of your deposit with a 2% cancellation charge (2) Use your deposit to secure a place on a different program.

To secure your place on a different program to the one your deposit was initially intended for, you must pay the next payment due for that program immediately. Only upon paying this will your position on the new program be secured. For 12 week programs, that will be the 1st instalment, for 6 week programs it will be the remaining balance less your deposit.

All clients (including anyone who is added or substituted at a later date), whether booking in person, by telephone, via our website, by e-mail or facsimile or by any other means, will be deemed to have agreed to the following five conditions:

a) they appreciate and accept the risks involved in adventure travel.

b) they do not suffer from any pre-existing medical condition or disability which may prevent them from actively participating in the tour – if any person suffers from any medical condition or disability which will or may affect their tour arrangements, please contact us before making your booking as referred to in clause 9 below so that we can advise.

c) the person making the booking warrants that he/she is at least 18 years old and has full authority to enter into a contract on the basis of these conditions.

d) they have a valid passport which does not expire within 6 months of the end date of the tour.

e) they will have acquired appropriate travel insurance for the duration of the tour.

A booking is accepted and becomes definite only from the date when the Company issues a confirmation in writing to the client who makes the booking. It is at this point that a contract between the Company and the client comes into existence.

Before your booking is confirmed and a contract comes into force, the Company reserves the right to increase or decrease program prices. The Company or their agents reserve the right to decline any booking at their discretion.

We will communicate with you by e-mail. We advise that you check your e-mails on a regular basis for any correspondence from us regarding your booking. You should contact us by e-mail if you need to do so for any reason. All e-mails should be sent to info@edumadic.com.

3. Payment for your tour

Our program fees are paid by you in instalments, which correspond with your arrival in each new destination. Each instalment is paid in advance of arriving at the corresponding destination. You will be instructed by the Company of the exact amount due and on what dates at the time of booking. In the case of non-payment or late payment, the Company reserves the right to treat your booking as cancelled.

 

4. If you cancel or change your booking

Deposits and instalments are non-refundable once paid. Should the client wish to cancel or change their booking before the due date of their first instalment, they are able to apply their deposit to another program. This request must be made before the deadline of the first instalment. Requests to transfer to a different program after this date will be honored at the discretion of the Company.

To secure your place on a different program to the one your deposit was initially intended for, you must pay the next payment due for that program immediately. Only upon paying this will your position on the new program be secured. For 12 week programs, that will be the 1st instalment, for 6 week programs it will be the remaining balance less your deposit.

If the client wishes to leave a tour early by not paying a scheduled payment as outlined by the Company at the time of booking, or by any other method, the Company accepts no responsibility for any losses incurred as a result of leaving the tour.

If a client is unable to travel, in circumstances which the Company considers reasonable, the booking or that client’s place on the program may be transferred to another person (introduced by you), subject to the Company’s review of their suitability. However, the tour arrangements must remain the same as originally booked. If a transfer can be made, an administration charge may apply, together with any costs or charges incurred by us or incurred or imposed by any supplier(s) in making the transfer, which must be paid before the transfer can be made. Any overdue balance payment must also be received by deadlines decided by the Company.

5. If you have a complaint

Should the client have a complaint about any of their tour arrangements, the client must tell the Company’s representative at the time. It is only if the Company know about problems that there will be the opportunity to put things right. Failure to complain on the spot may result in the client’s ability to claim compensation, if applicable, from the Company being extinguished or at least reduced. If the client’s complaint cannot be resolved on tour they should notify the Company in writing within 28 days of their return from tour.

6. Passports, visas and vaccinations

Clients are responsible for arranging, and must be in possession of, a valid, acceptable passport and any visas and vaccination certificates required for the whole of their journey and tour. Information about these matters or related items (climate, clothing, baggage, personal gear etc) is given in good faith but without responsibility on the part of the Company. We regret we cannot accept any liability if you are 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 being imposed on us, you will be responsible for reimbursing us accordingly.

7. Travel and cancellation insurance

Travel Insurance is mandatory for all clients whilst on a tour organised by the Company. Clients together with their personal property including baggage are at all times solely at their own risk. Clients are wholly responsible for arranging their own insurance. Clients are responsible for ensuring that they have personal travel insurance with protection for the full duration of the tour in respect of at least medical expenses, injury, death, repatriation, cancellation and curtailment, with adequate and appropriate cover. Clients should satisfy themselves that all travel insurance purchased meets their particular requirements and should arrange supplementary insurance if need be.

8. Consumer protection

Edumadic Limited is a company committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce that, at no extra cost to you, and in accordance with “The Package Travel, Package Tours Regulations 1992” all passengers booking with Edumadic Limited are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the unlikely insolvency of Edumadic Limited. This insurance has been arranged with Affirma a trading brand of MGA Cover Services Limited (registered address Farren House The Street, Farren Court Cowfold West Sussex RH 13 8BP, company registration: 08444204 authorized and regulated by the Financial Conduct Authority registration number 678541) under a binding authority with the insurer CBL Insurance Europe Limited (registered address 2nd Floor 13-17 Dawson Street Dublin 2 Ireland, who are authorized and regulated by the Financial Conduct Authority registration number 203120).

9. Tour participation and client responsibility

Clients agree to accept the authority and decisions of the Company’s employees, tour leaders, fixers, agents and guides whilst on tour with the Company. If in the opinion of any such person(s) or any other person in a position of authority (such as, for example, an airline pilot or hotel manager), the health, level of fitness or conduct of a client at any time before or during a tour is endangering or appears likely to endanger the health or wellbeing of the client or any third party (including any other clients of the Company) or the safe, comfortable or happy progress of the tour, the client may be excluded from all or part of the tour without refund or recompense. Where a client is excluded, the Company will have no further responsibility towards them (including any return travel arrangements) and we will not meet any expenses or costs incurred as a result of the exclusion. In the case of ill health, the Company may make such arrangements as it sees fit and recover the costs thereof from the client. If a client commits an illegal act (including, for example, causing any damage) the client may be excluded from the tour and the Company shall cease to have responsibility to/for them as above. No refund will be given for any unused services. When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.

If you have any medical condition or disability which may affect your active participation in your tour or the tour arrangements of any other person or have any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the proposed tour and/or making the booking. In any event, you must give us full details at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your active participation in your tour or the tour arrangements of any other person develops after your booking has been confirmed.

10. If we change your tour

While the Company will do its best to operate all tours as advertised, it reserves the right to change and correct errors in any of the facilities, services, prices or itineraries described on our website at any time before or after your booking is confirmed.
Most changes are minor. Occasionally, we have to make a significant change. A significant change is defined as one which requires a change in price and/or a change in flights that are booked by the client. If a significant change has to be made, the Company will inform the client as soon as reasonably possible, if there is time before departure.

If advised of a significant change before departure the client will have the choice of accepting the changed arrangements (at additional cost if applicable), or cancelling the tour with a full refund of all monies paid to us. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. Such circumstances are likely to include those listed in clause 12 “Force Majeure”. No compensation will be payable and the above options will not be available where a change is a minor one. We regret we cannot meet any visa, vaccination or similar costs in the event of any significant change or cancellation by us. Similarly, as you are advised only to book fully flexible pre and post tour arrangements (such as accommodation) which can be cancelled or changed without charge, we cannot pay any cancellation, amendment or other charges you may incur in relation to any arrangements which you have to change or cancel as a result of any change to your tour.

Very rarely, we may be forced by “force majeure” (see clause 12) to change or terminate your tour after departure but before the scheduled end of your tour. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.

11. If we cancel your tour

The Company reserves the right to cancel a tour in any circumstances but will not cancel a tour less than 7 weeks before the start of the tour except for force majeure (see clause 12), or the client’s failure to make payments (including installments and any surcharge) when due. Please note, our tours require a minimum number of participants to enable us to operate them. If any tour does not have the minimum number of participants required to make it commercially viable, we are entitled to cancel it. We will notify you of cancellation for this reason not less than 7 weeks before the start of your tour.

If we have to cancel, we will tell you as soon as possible. If there is time to do so before departure and the cancellation does not result from your failure to pay, we will offer you the choice of transferring to an alternative program offered as a result of consolidation or another available program from the Company (in either case, paying or receiving a refund in respect of any difference in price) or receiving a full refund of all monies paid to us. We regret we cannot meet any visa, vaccination, or similar costs in the event of any change or cancellation by us. Similarly, as you are advised only to book fully flexible transport and other arrangements which can be cancelled or changed without charge, we cannot pay any cancellation, amendment or other charges you may incur in relation to any transport or other arrangements which you have to change or cancel as a result of the cancellation of your program.

Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where (1) we are forced to cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care (such circumstances are likely to include those listed in clause 12 “Force Majeure”) or (2) we have to cancel because the minimum number of participants necessary for us to operate your program has not been reached (see above). No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time).

12. Force majeure

Except where otherwise expressly stated in these conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any injury, damage, loss or expense of any nature as a result of “force majeure”. In these conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, disease, fire and all similar events outside our control.

13. Our responsibility for your program

Bookings are accepted on the understanding that clients appreciate and accept the possible risks inherent in adventure travel and that they undertake the program at their own volition.

(1) We promise to make sure that the program arrangements we have agreed to make, perform or provide, as applicable, as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these conditions and the other information which forms part of your contract with us, we will accept responsibility if your contracted program arrangements are not provided as promised or prove deficient as a result of the failure of ourselves or our employees to use reasonable skill and care in making, performing or providing, as applicable, your contracted program arrangements. We outline what we will provide to you on our website and exact arrangements which we agree to make, perform or provide, will be explicitly stated to you in writing at the time of booking. 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 us. In addition, we will only be responsible for what our employees do or do not do if they were at the time acting within the course of their employment.

(2) We will not be responsible for any injury, illness, death, loss (including loss possessions and loss of enjoyment), 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 client(s) affected or any member(s) of their party or
the act(s) and/or omission(s) of any third party and which were unforeseeable or unavoidable or ‘force majeure’ as defined in clause 12 above.

(3) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which any supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract. Any optional excursions or activities booked during your program do not form part of our contract as these are all arranged for you directly by the suppliers concerned – please see clause 14 Optional excursions and activities below. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.

(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract – 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. Please bear in mind that standards of, for example, safety, hygiene, and quality may vary throughout the destinations, services and transport your program involves and may be lower than or different to those applicable in your home country. If the particular services which gave rise to the claim or complaint complied with the 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 your home country which would have applied had those services been provided in your home country.

(5) Please note, we 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 us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any expenses or losses incurred by or relating to any business including self-employed loss of earnings.

(6) You must provide ourselves and our insurers with all assistance we may reasonably require. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint. You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.

By booking one of our programs you are explicitly accepting the below disclaimer:

Edumadic Limited shall not be liable for any injuries or any damage to any client or be subject to any claim, demand, injury, or damages, whatsoever, including without limitation, those damages from acts of passive or active negligence on the part of Edumadic Limited, its officers, employees, or agents. You hereby expressly release and discharge Edumadic Limited from all such claims, demands, injuries, damages, actions or causes of action. You acknowledge that you have carefully read this paragraph and fully understand that this is a waiver and release of liability.

14. Optional excursions and activities

We may provide you with information (before departure and/or when you are on a tour) about optional activities and excursions which do not form part of your pre-booked tour arrangements and which are available in the area you are visiting. We have no involvement in any such activities or excursions. They are provided by local operators or other providers who are entirely independent of us and they may or may not have their own public liability insurance. They do not form any part of your contract with us even where we suggest particular operators / providers and / or assist you in booking such activities or excursions in any way. Where we collect payment for or otherwise assist in booking any such activity or excursion for you, we act solely as booking agent for the local operator / provider of the activity or excursion with whom you will have a contract. We never take any additional payment from you for such organisation and assistance, nor do we receive a commission from any local operator. The local operator / provider’s terms and conditions will apply. We cannot accept any liability on any basis in relation to such activities or excursions.

We do not guarantee that any optional activity or excursion mentioned on our website or elsewhere will be available to book during your program and / or will operate as advertised as these services do not form part of our contract and are not under our control. They may not be available for various reasons. Any prices given in advance are indicative only. We will not be liable if you cannot, for whatever reason, book any such activity or excursion or if the activity or excursion does not operate as advertised.

15. Flights/Transport/Delays

We cannot accept any liability for any change, cancellation or delay in transportation whether any change, cancellation or delay is caused by adverse weather conditions, rescheduling by a transport supplier, airline or airport authority, action by air traffic controllers, mechanical breakdown, industrial action or any other event or circumstance outside our control. Where long delays result in lost program time, no refunds are given by hotels or suppliers. We have no liability to make any payment to you in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations.

16. Late bookings

We emphasize the importance of making a booking at the earliest opportunity, because of the small group nature of our programs.

For bookings received within 7 weeks of the start of your program (or at an earlier stage for certain programs), we reserve the right to pass on any extra costs incurred.

17. Website / Advertising material accuracy

The information contained on our website and in our other advertising material is believed correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur, especially with regards to exchange rates and information may subsequently change. You must therefore ensure you check all details of your chosen tour (including the price) with us at the time of booking.

18. Photographs and Video

We reserve the right to take photographs and video during your trip. By traveling with us, you grant to us the absolute and irrevocable right and unrestricted permission to use and publish your image, or likeness, without compensation, for commercial, advertising, editorial, or any other purpose; and in any manner and medium, whether now known or hereafter devised; and to alter and composite the same without restriction and without your inspection or approval. You hereby release and discharge us from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by us of your image or likeness.

Photographs and video of your trip may be submitted to us by you or by third parties such as (but not limited to) other travelers, tour guides, crew, or staff members. By submitting such photographs or video, the party making the submission is representing and warranting (a) that the photo is their original work created solely by themselves and does not infringe the intellectual property rights of any party; (b) that they have obtained any and all necessary releases from subjects depicted in said original work; (c) that they grant to us a worldwide, royalty-free, perpetual, transferable, irrevocable, non-exclusive and fully sub-licensable right and license to use, in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all commercial or other uses thereof, including without limitation, reproducing, editing, modifying, adapting, publishing, displaying publicly, creating derivative works from, incorporating into other works or modifying the photo and (d) that they hereby release and discharge us from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by us of any photo submitted.

19. Accommodation

At least 95% of accommodation provided during the program will be a private room for each participant. Beyond that, the exact nature of accommodation can vary significantly depending on the location.

In some accommodations, a deposit is required for each room to protect the supplier in the event of damages to the room or any other aspects of their property. We ask that each participant provides this deposit, as it is their actions that deem whether the deposit is refunded in full or not. The deposit will be completely refunded upon checking out of the room if no additional costs or other expenses have been accumulated throughout the period of stay. These deposits are usually no more than 100 USD, and in most cases aren’t required at all.

Occasionally we are required to pay utilities in addition to the base rental cost. Where this is the case, we will cover the cost of these up to 30% more than the lowest bill in the group. As an example, if the cost of utilities for a participants’ room was 150 USD and the lowest bill among participants and staff is 100 USD, then the participant will be required to pay 20 USD towards the bill.

20. Transport

Transport between different locations and accommodations can be comprised of many different means. All methods of transport we use will always meet local standards of safety, which may vary from the standards in your home country.

In some rare cases, it may be required that participants book aspects of transport for themselves. When this is the case, Edumadic will reimburse the participants within 3 business days of the expense being incurred.

In the event that a participant chooses to leave a program early, our obligation to provide services to you ends upon check out of the accommodation that has been covered by previous payments. Transport to further locations that the participant has decided not to attend will not be booked for the participant. They will have to make their own way to their next destination, whether that is an airport, train station, or any other place.

Data protection and privacy statement

For the purposes of the Data Protection Act 1998, we, Edumadic Limited, are a data controller. In order to process your booking requests, provide your tour and to help us give you a more personal service, we need to collect certain personal details from you. These details will include, where applicable, the names and contact details of party members, debit card or other payment details and special requirements such as those relating to any disability or medical condition which may affect the chosen tour arrangements. If we need any other personal details, we will tell you before we obtain them from you.

We need to pass on your personal details to the companies and organisations who need to know them so that your tour can be provided.

We would also like to store and use your personal details for future marketing purposes (for example, sending you details of new tours or special offers which we think may be of interest to you). All details you give us in connection with your booking will be kept but we will use only names and contact details for marketing purposes (unless you have indicated that you do not wish us to do so). We respect your privacy and do not sell, rent, trade or give away any of your personal information for any other purpose.

If you do not want us to do any or all of these things, please let us know as soon as possible.

Except where expressly permitted by the Data Protection Act, we will only deal with the personal details you give us as set out above unless you agree otherwise.

You are generally entitled to ask us what details of yours are being held or processed, for what purpose and to whom they may be or have been disclosed. We promise to respond to your request within 40 days of receiving your written request. If you believe that any of your personal details which we are processing are inaccurate or incorrect please contact us immediately.

As our privacy statement may change due to developments in the law, we would encourage you to reread our privacy statement from time to time so that you are aware of any changes in how we gather and use personal information.

Please note calls may be recorded for training and monitoring purposes.

Issue date: April 2018