Please read carefully:
Base Camp Adventure Spain (‘the Company’, “we”, “us” and “our”) company number 53374168-T of registered address Avenida de la Constitución 31, 29754 Cómpeta, Málaga, Spain, accepts bookings subject to the following conditions. Except where expressly stated, these conditions only apply to trip arrangements booked by you with us and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these conditions to “trip”, “booking”, “contract” or “arrangements” mean such trip arrangements unless otherwise stated.
1. Your trip contract
The contract is between the Company and you, being any person travelling or intending to travel on a trip operated by us including any person who is added or substituted after booking. We both agree that Spanish 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 Spain only. No employee of the Company other than a director has authority to vary or omit any of these terms. 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, we or our authorised travel agent must receive payment of the minimum deposit of 15% of the total price, per person, (or full payment if booking within 60 days of the start of your trip or at an earlier stage for some trips). The applicable deposit will be confirmed at the time of booking. 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 by any other means, will be deemed to have agreed to the following four conditions:
a) they have read and accepted our Booking Conditions and information pages contained in our brochure and/or on our website.
b) they appreciate and accept the risks involved in adventure travel.
c) they do not suffer from any pre-existing medical condition or disability which may prevent them from actively participating in the trip. If any person suffers from any medical condition or disability which will or may affect their trip arrangements, please contact us before making your booking to discuss your requirements.
d) the person making the booking confirms that he/she is at least 18 years old and has full authority to enter into a contract on the basis of these conditions on behalf of all persons named on the booking, will be the point person for all communications relating to the booking, and confirms that all such persons are fully aware of and accept these conditions. That person also consents to the use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable, special categories of data (such as information on health conditions or disabilities and dietary requirements).
A booking is accepted and becomes definite only from the date when we issue a confirmation invoice to you or your authorised travel agent. It is at this point that a contract between us comes into existence. If you book online, any acknowledgement of your booking request we send to you in the meantime is not a confirmation of your booking. Before your booking is confirmed and a contract comes into force, we reserve the right to increase or decrease holiday prices. We reserve the right to decline any booking at our discretion. We will communicate with you by e-mail. You must therefore check your e-mails on a regular basis. We may also contact you by telephone and/or post if we cannot, for whatever reason, contact you by e-mail. It is your responsibility to ensure we have up to date contact information for you at all times. References in these conditions to “send” and “in writing” or similar include communication by e-mail. You should contact us by e-mail if you need to do so for any of the reasons mentioned in these booking conditions (for example, to request an amendment).
Tailored Holidays Package: We may not be in a position to confirm the costs for all services forming part of your holiday at the time of booking until your services are confirmed. Where any costs cannot be confirmed, we will provide you with an estimated price for your holiday which will be based on anticipated rates and costs. If you wish to proceed with the booking and we are in a position to do so, we collect the necessary deposit on the basis that the price you have agreed to pay will be the one applicable to your holiday after confirmation of all costs. Once we have confirmation of all applicable costs, we will issue a confirmation which will show the confirmed price. This price may be higher or lower than the estimated price. It is at this point that our price guarantee will take effect. Any such difference will not be a surcharge and, if an increase, will be payable in full. If, however, any increase between the estimated price and the confirmed price shown on your revised invoice is greater than 10% of the estimated price, you may cancel your holiday and receive a full refund of all monies you have paid us and amendment fees/charges providing you notify us in writing of your wish to do so within 7 days. No compensation will be payable in this situation.
3. Payment for your trip
The balance of all monies due must be received by us not later than 60 days before the start of your trip. For certain trips, full payment must be received sooner. We will tell you at the time of booking when this is the case. If you don’t pay your balance by the due date, we reserve the right to treat your booking as cancelled and cancellation charges will apply. Deposit and balance payments must be made in the same currency and sufficient payment should be sent to ensure the company receives the total invoiced price as guaranteed. You can pay by cheque, transfer, credit or debit card and Paypal. We accept Visa and Mastercard.
4. If you change or transfer your booking
A confirmed group tour departure booking (excluding Private Groups) can be changed or transferred free of charge to a different departure date or trip, up to 60 days prior to departure. Thereafter all changes will be treated as cancellations and subject to the cancellation charges below. Changes are subject to availability and are limited to one transfer during the lifetime of your booking. It is not possible to rebook back onto the original departure once you have either transferred or cancelled your booking. You can request a credit voucher for the amount paid in respect of any cancelled booking, less any non-refundable charges incurred by us or imposed by our suppliers. This must be redeemed within 12 months of issue against a new booking. No further credit vouchers can be requested against the new booking. The voucher cannot be exchanged for cash. No cash refund will be provided if the cost of the new booking is less than the value of the credit voucher.
Transfer of Booking:
If you or any member of your party is prevented from travelling, in circumstances which we consider reasonable, that person(s) may transfer their place to someone else, subject to the following conditions:
a) that person is introduced by you and satisfies all the conditions applicable to the holiday;
b) we are notified not less than 14 days before arrival;
c) you pay any outstanding balance payment, an amendment fee of €50 per person transferring, as well as any additional fees, charges or other costs arising from the transfer.
d) the transferee agrees to these booking conditions and all other terms of the contract between us.
You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 5 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
5. If you cancel your booking
Should you wish to cancel, cancellation charges will be imposed. These are calculated from the day written or verbal notification is received by us as a percentage of the total trip price per person cancelling, excluding any amendment charges. The cancellation charges shown below are those which will apply to most trips. However, some suppliers have conditions which require the payment of higher or different charges (including the imposition of 100% cancellation charges well in advance of the normal balance due date) which you will have to pay in the event of cancellation. You will be advised at the time of booking if this is the case for your trip.
a) 60 and more days before trip start date – loss of deposit
b) 59-42 days before trip start date – 30% or loss of deposit if higher
c) 41-28 days before trip start date – 60%
d) 27-14 days before trip start date – 90%
e) Less than 14 days before trip start date – 100%
Amendment charges are not refundable if you cancel your booking. We recommend that comprehensive travel insurance is taken out which includes cover against cancellation charges. Depending on the reason for the cancellation, you may be able to reclaim the cancellation charges (less any applicable excess) under the terms of your insurance policy. In the event of the cancellation of a booking where you are liable to pay to us cancellation charges in excess of the amount already paid to us at the time of cancellation, you cannot transfer or add these charges to another booking or use any amounts paid to us in relation to the cancelled booking by way of part payment for another booking. Part cancellation of a booking may result in additional costs being payable by the remaining members of your party. Please also see clause 4.
Cancellation by You due to Unavoidable & Extraordinary Circumstances:
You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or significant affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.
6. If you have a complaint
If you have a complaint about any of your trip arrangements, you must tell our representative at the time. We will provide you with a 24 hour emergency duty telephone number to enable you to contact us directly if your complaint cannot be resolved in country. It is only if we and the supplier know about problems that there will be the opportunity to put things right.
7. Passports, visas and vaccinations
You are responsible for arranging, and must have, a valid, acceptable passport and any visas and vaccination certificates required for your entire journey and trip. Any information we give about these matters or related items (climate, clothing, baggage, personal gear etc) is given in good faith but without responsibility on our part. 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 your 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.
8. Travel and cancellation insurance
You must have travel insurance when you travel with us. You and your belongings are at all times solely at your own risk. You are wholly responsible for arranging your own insurance. You must ensure that you have personal travel insurance with protection for the full duration of the trip in respect of at least medical expenses, injury, death, repatriation, cancellation and curtailment, with adequate and appropriate cover including medical emergency helicopter rescue. If you make your own arrangements you should ensure that there are no exclusion clauses limiting or excluding protection for the type of activities included in your trip. You must ensure that all travel insurance purchased meets your particular requirements and you should arrange supplementary insurance if need be.
9. Trip participation and client responsibility
You agree to accept the authority and decisions of our employees, guides and agents whilst on trip with us. 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), your health, level of fitness or conduct at any time before or during a trip is endangering or appears likely to endanger your health or wellbeing or any third party (including any other clients of the Company) or the safe, comfortable or happy progress of the trip, you may be excluded from all or part of the trip without refund or recompense. Where you are excluded, we will have no further responsibility towards you and we will not meet any expenses or costs incurred as a result of the exclusion. In the case of ill health, we may make such arrangements we see fit and recover the costs thereof from you. If you commit an illegal act (including, for example, causing any damage) you may be excluded from the trip and we shall cease to have responsibility to/for you 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 trip or the trip 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 trip 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 trip or the trip arrangements of any other person in your party develops after your booking has been confirmed.
10. If we cancel or change your trip
While we will do our best to operate all trips as advertised, we reserve the right to change and correct errors in any of the facilities, services or itineraries described on the brochure and/or on our website at any time before or after your booking are confirmed. Most changes are insignificant. Occasionally, we have to make a significant change. If a significant change has to be made, we will inform you as soon as reasonably possible, if there is time before departure Please note, except for guaranteed departures, our trips require a minimum number of participants to enable us to operate them. If any trip does not have the minimum number of participants required to make it commercially viable, we are entitled to cancel it. We will notify you or your travel agent of cancellation for this reason not less than 6 weeks before the start of your trip. For guaranteed departures, we promise not to make any significant changes to the land only once the first booking has been made itinerary unless we are forced to do so by force majeure (see clause 11).
A significant change is a change made before departure which we can reasonably expect to have a major effect on your trip.
Compensation:
In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below if we cancel your booking and no alternative arrangements are available.
Period of notification given. Compensation* to you or your travel agent per person:
• More than 42 days: Nil
• 41-28 days: €30
• 27-14 days: €40
• 13 days or less before the date of travel: €50
* IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
– Where we make an insignificant change;
– Where we make a significant change or cancel your arrangements more than 42 days before departure;
– Where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;
– Where we have to cancel your arrangements as a result of your failure to make full payment on time;
– Where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
– Where we are forced to cancel or change your arrangements due to Force Majeure (see clause 11)
11. Force majeure
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “unavoidable and extraordinary circumstances”, meaning any event beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.
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 EU. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Force Majeure, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.
12. Our responsibility for your trip
Your booking is accepted on the understanding that you appreciate and accept the possible risks inherent in adventure travel and that you undertake the trips, treks or expeditions featured in our programme at your own volition.
We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser”, as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
(1) We promise to make sure that the trip 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, 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 ourselves, our employees, agents or suppliers to 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 us. In addition, we will only be responsible for what our 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 we had asked them to do (for agents and suppliers).
(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) you or any member(s) of your party or the act(s) and/or omission(s) of a third party not connected with the provision of your trip and which were unavoidable and extraordinary or ‘force majeure’ as defined in clause 11 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 holiday do not form part of our contract as these are all arranged for you directly by the suppliers concerned – please see clause 15: 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 trip involves and may be lower than or different to those applicable in the UK. 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 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 holidaymaker to refuse to take the trip in question.
13. Prompt Assistance
If, whilst you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative travel arrangements or other such assistance you require.
14. Optional excursions and activities
We and our suppliers may provide you with information (before departure and/or when you are on holiday) about optional activities and excursions which do not form part of your pre-booked holiday arrangements and which are available in the area you are visiting. We have no involvement in any such activities or excursions which are not run, supervised or controlled in any way by us. 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 may require a waiver form to be signed. Optional excursions and activities 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.
CONTACT:
If you need further assistance, would like to make a comment or update your marketing preferences, you can contact us:
• By telephone on +34 619 95 67 58
• By email: rafa@basecampspain.net
• By mail to Avenida de la Constitución 31, 1º C, 29754 Cómpeta, Málaga, Spain
