The following terms and conditions explain the services (the “Services”) with which you are provided by Challenges Abroad Australia Pty Ltd trading as ‘Challenges Abroad’ (CA) and what we expect from you as a selected programme participant (“participant”). All references to “we”, “us” and “our” refer to Challenges Abroad associated group companies and its affiliates or partners. All references to “you” are to the participant.
1. CHALLENGES ABROAD SERVICES
We only agree to provide you with those Services as set out in your Itinerary and we reserve the right to make changes to the Services from time to time subject to these terms and conditions. We endeavour to ensure that all programs run as scheduled and all services and accommodation are provided as confirmed. However, if for any reason outside of our control, an element of the program is not available, alternative arrangements will be made to minimise the impact. We will inform you of any changes as soon as possible.
We reserve the right to change an element of the program if it will be beneficial to the participant or in the interest of your safety.
Any problems/complaints should be resolved by prior discussions with your Local Representative whilst in country or after your travels with the worldwide operations team based in the UK. If you feel that your problem has not been adequately dealt with, you may send a written complaint to our registered office in Australia. Letters of complaint will normally be acknowledged within 3 working days and a response sent as soon as relevant details of the complaint have been procured.
2. PARTICIPANT OBLIGATIONS
It is your responsibility to ensure that the following actions are complied with.
You must have:
- a valid passport and appropriate entry documents (see Visa below)
- had the necessary inoculations, within the appropriate time frame as recommended by a healthcare professional
- obtained appropriate comprehensive travel insurance cover
- procured flights to arrive in time for the start of the program as specified
- a valid Working with Children Check or equivalent
Visa (and immigration formalities)
You are responsible for your own travel documents and must check the same to ensure that all necessary procedures are adhered to and that they reflect your travel arrangements. We do not accept any liability for financial loss incurred by failure to have the correct travel documentation.
Visas are issued by the relevant High Commission, Embassy or Border Immigration at their discretion and CA cannot be held responsible for the type, duration or endorsements/restrictions.
Code of Conduct
We reserve the right to dismiss from the program any participant who is deemed to be a danger to themselves or others, or whose conduct is deemed to be detrimental to the programme or other participants. In the event of this case, we cannot be held responsible for any costs incurred by the participant and no fees will be refunded.
3. FEES AND PAYMENTS
The fee for the trip consists of two parts: a ‘booking deposit’ and a ‘balance payment’. The booking deposit is payable at the time of booking and is non-refundable after a 7-day ‘cooling off’ period from the date of booking. The balance payment includes the remaining cost of your trip as specified in your program invoice.
Your participation in the trip is dependent on making the balance payment at least 8 weeks prior to the start of the trip or as specified by CA. If you fail to reach that amount by the set date, it is at the discretion of CA to provide you with the following options:
- Ask you to pay the deficit amount within a specified period of time
- Transfer to a later departure to allow you more time to make up the deficit funds
- Any other arrangement can be made at the discretion of CA
- If none of these options are available, then we will consider this a cancellation by you and will be subject to the clause set out in 4 below.
If you are concerned about meeting the balance payment by the specified date you must contact CA as soon as possible.
Please also note that we reserve the right, by giving notice to you any time before departure, to increase the fees to reflect an increase in costs to us, caused by factors outside our control. You are entitled, within five days of receiving our advice of such an increase, to cancel by means of a registered letter that part of the Services to which the increase applies.
Any changes to the programme instigated by you require approval by CA and will attract an Administration Fee of $50, in addition to third party costs.
4. CANCELLATION BY YOU
We require a booking deposit when you book a CA program. This enables us to process your booking. This booking deposit is non-refundable after a 7-day ‘cooling off’ period from the date of booking. You are required to have met the full balance payment so that funds are received by CA no later than 8 weeks before departure date.
If you cancel prior to departure in addition to the participation fee or booking deposit you will be liable for the following amounts of the cost of your trip as specified in trip notes:
Notice of Termination (before date of departure)
More than 12 weeks: Fees Due to Challenges Abroad = 20% of the total cost
8 – 12 weeks: Fees Due to Challenges Abroad = 60% of the total cost
8 weeks or less: Fees Due to Challenges Abroad = 100% of the total cost
Participation in your trip is dependent on making the balance payment by a set date or dates (given to you by CA upon booking); if you fail to reach that level in the required time frame, CA reserves the right to treat this as a cancellation unless discretionary options set out in Clause 3 are offered. If your booking is considered a cancellation by CA, you must offer to repay any sponsorship money you have received to your sponsors or if your sponsors do not require the sponsorship to be returned, you must pay it to the Charity and not retain it.
In the event that a participant chooses to leave a programme early, whatsoever the reason, no amounts will be refunded.
5. MINIMUM NUMBERS
All challenges and extension trips are subject to a minimum number of participants. Flights should be held on a flexible basis until a departure is guaranteed. You will be advised when a trip is guaranteed. Should a trip not reach minimum participants you will be advised of this 10 weeks prior to departure.
In this instance we will:-
- Suggest an alternative journey or departure for you to transfer your booking to
- Offer the option, if it is possible, for you to travel alone or in a smaller group – cost may vary.
- Provide a full refund of monies paid to us if an alternative is not suitable for you
6. HEALTH AND SAFETY
You are required to declare any specialised health, medical or dietary requirements at the time of your booking confirmation.
Travelling before, during and after your programme is entirely at your own risk. Choosing to operate any motorised vehicles, obtaining the necessary license, permission and insurance is your responsibility.
We do not accept responsibility for any loss or injury (including, without limitation, loss of personal property, illness, death or personal injury) suffered by you, which is caused by a third party who is unconnected to CA, or results from any programme or component of travel which has not been arranged by us.
Whilst CA recognises that it has a duty of care to ensure participants are safe, participants take part in all programmes at their own risk. We cannot accept responsibility for your health & safety whilst in the host country or for any loss or damage to property or any third parties property or persons howsoever caused.
Notwithstanding this, CA does not seek to exclude or limit any liability for death or personal injury caused by negligence on its part or for any other loss or damage for which it is legally prohibited to exclude or restrict liability.
The participant hereby grants a royalty free, non-exclusive license in favour of CA in respect of all images captured or of any correspondence received by us from you during or after the placement (in whatever format). Such license shall be granted in perpetuity and shall confer the right on CA to reproduce all or any of such images or correspondence in whole or in part for use in any advertisement or promotional material of CA as we see fit.
You agree to allow us to transfer any personal data held by us about you to the placement host or homestay family. We will access your personal data fairly and lawfully in accordance with the principles of the Data Protection Act 1998 for the sole purpose of continuing to provide the Services to you.
CA shall be permitted to assign fully its rights and obligations in respect of our agreement with you and to subcontract any of our obligations. The participant shall not assign any of its rights or obligations under our agreement without the prior written consent of CA.
Any advice or recommendation given by CA or its employees or agents to the participant who is not confirmed in writing by CA is followed or acted upon entirely at the participant’s own risk. CA is not therefore liable for any such advice or recommendation which is not so confirmed.
These conditions shall not confer any benefit or right of action on any third party and the provisions of the Contracts (Rights of Third Parties) Act 1999 and any subsequent or supplementary or modifying legislation are hereby excluded to the fullest extent possible by law.
Neither party shall be liable to the other for any delay or non-performance of its obligations in respect of our agreement arising from any cause beyond its reasonable control including, without limitation, any industrial dispute, act of God, governmental act, war, fire, flood, explosion, civil commotion. The affected party so delaying shall promptly notify the other party in writing of the cause and the likely duration of the cause.
If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of all other provisions of these conditions and the remainder of the provisions in question shall not be affected and shall remain in force. These terms and conditions shall be governed by the laws of Victoria, Australia and any dispute arising shall be determined by the Courts within that jurisdiction.