AwimAway Terms & Conditions

SECTION 1
1. PRODUCTS AND SERVICES
2. MAKING YOUR BOOKING
3. PROCESSING YOUR BOOKING
4. RESERVATION & FINAL PAYMENTS
 
SECTION 2
1. IF YOU CHANGE YOUR BOOKING
2. IF YOU TRANSFER YOUR BOOKING
3. IF YOU CANCEL YOUR BOOKING
4. CHANGES AND CANCELLATIONS BY US
5. INDEPENDENT ARRANGEMENTS/OPTIONAL EXCURSIONS
6. SPECIAL REQUESTS
7. YOUR CONTRACTUAL REQUIREMENTS
8. NOTICES
 
SECTION 3
1. OUR LIABILITY 
2. YOUR RESPONSIBILITY  
 
SECTION 4
1. TRAVEL INSURANCE
2. PASSPORTS, VISAS & HEALTH
3. HEALTH REQUIREMENTS
4. MEDICAL AUTHORIZATION AND COVERAGE
5. PHOTOGRAPHY
6. FORCE MAJEURE 
7. CLAIMS & COMPLAINTS
8. LAW & JURISDICTION
9. PERSONAL INFORMATION & PRIVACY
10. ENTIRE AGREEMENT
11. MODIFICATION OF TERMS OF SERVICE
12. EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS
13. CONSUMER PROTECTION
14. PRIVACY POLICY
15. CONTACTING ASIAN GEOGRAPHIC EXPEDITIONS
 
These Terms and Conditions of Service (“Terms & Conditions”) or booking conditions, together with any other written information we bring to your attention before confirming your booking, form the basis of your contract with AwimAway, trading name of Asian Geographic Partners Ltd, referred as “we”, “us”, or “our”.  In these Terms and Conditions “you” and “your” means all persons named in the booking including anyone who is added or substituted at a later date. AwimAway provides tailormade tours for educational enrichment as indicated in our brochure and on its website (awimaway.com) (each a “Private Expedition” or just “Expedition” unless specified for the purpose of these Terms) and may license qualified professional tour operators to organize and administer such Expeditions. 
 
“Private Expeditions” are tailormade to your specific requirements, where we will source and create a tour for you, using a number of different travel suppliers on whose behalf we act as agent. We will act as “package organiser” and your contract will be with us for your Private Expedition, but our obligations to you may differ depending on which type of Expedition arrangements you’ve booked with us (particularly the cancellation charges and provision of service obligations), and this is outlined in further detail in these Terms and Conditions.
 
RESPONSIBILITY
Any such designated tour operator, its parent, subsidiaries, and assigns, and their respective employees, affiliates, officers, directors, successors, representatives, agents and assigns (collectively “Tour Operator”), in turn, acts only as an agent for any transportation carrier, hotel, ground operator, or other suppliers of services connected with specific Expeditions (“Other Providers”), and the Other Providers are solely responsible and liable for providing their respective services. The passenger tickets in use by the carriers will constitute the sole contract between the carriers and the passenger; the carriers are not responsible for any act, omission, or event during the time the participants are not aboard their conveyances.
 
AwimAway (part of Asian Geographic Partners Ltd), its parent, subsidiaries, and assigns, and their respective employees, affiliates, officers, directors, successors, representatives, agents and assigns (collectively “Asian Geographic”) and the Tour Operator will not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any Other Provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such Other Provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. The participant waives any claim against Asian Geographic and/or the Tour Operator for any such loss, damage, injury, or death.
 
By registering for an Expedition, the participant certifies that he/she does not have any mental, physical, or other condition or disability that would create a hazard for himself or herself or other participants. AwimAway and the tour operator reserve the right in their sole discretion to accept, decline to accept, or remove any participant on an Expedition. AwimAway and the tour operator reserve the right, without penalty, to make changes in the published itinerary whenever, in their judgment, conditions warrant or if they deem it necessary for the comfort, convenience, or safety of the participants.
 
Neither AwimAway, nor the Tour Operator, will be liable for any air carrier's cancellation penalty incurred by the purchase of a non-refundable ticket to or from the participant's Expedition departure city. Baggage and personal effects are at all times the sole responsibility of the participant. 
 
These booking conditions are divided into 4 sections as follows:
 
Section 1 – terms and conditions which apply to your booking
Section 2 – terms and conditions which apply to your or our activity
Section 3 – terms and conditions which additionally apply to our products
Section 4 – terms and conditions which additionally apply to all your bookings
 
 
SECTION 1
 
TERMS AND CONDITIONS
 
PLEASE NOTE THAT THE “ARBITRATION AGREEMENT” SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN THE PARTICIPANT AND AWIMAWAY AND/OR TOUR OPERATOR UNDER THIS AGREEMENT TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND (ii) THE PARTICIPANT AND AWIMAWAY AND THE TOUR OPERATOR WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE BE SURE TO READ AND REVIEW CAREFULLY THE ENTIRE SECTION LABELED “ARBITRATION AGREEMENT” BELOW. BY ACCEPTING THIS AGREEMENT, THE PARTICIPANT AGREES TO BE BOUND BY THE ARBITRATION AGREEMENT.
 
Please Note: The applicable Terms and Conditions may vary from those listed below based upon the specific Expedition selected by the participant. A copy of the final Terms and Conditions applicable to each participant will be sent in pre-Expedition communications. If a court of competent jurisdiction or an arbitrator holds that any provision is invalid or unenforceable, such invalidity will not affect the validity or operation of any other provision and such invalid provision will be deemed to be severed from this Agreement.
 
1. PRODUCTS AND SERVICES
a) Service description
AwimAway attempts to provide accurate descriptions of our Services on the AwimAway Sites. The information provided is either from the supplier or our representative who has undertaken the Service and has visited the property shown in the Service. AwimAway does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free.
 
b) Service availability
In rare cases, the Services advertised may not become available when your booking request is processed. If this should occur, we will, where possible, offer you similar alternative arrangements. Where we cannot do so or these are not acceptable to you, we will reimburse the payment you have made by the credit or debit card from which payment was deducted.
 
c) Basis of Pricing
All prices are (i) per person based on two persons sharing a room or cabin, unless otherwise noted, (ii) quoted in British pound sterling or U.S. dollars (iii) estimates based on tariffs, currency values, airfares and third-party charges, and (iv) subject to change prior to booking. Notification of the current price relevant to the Expedition will be provided to the Participant at the time of booking. After booking, if it is necessary to levy an additional surcharge, AwimAway reserves the right to do so, and notification will be given at the time of final invoicing.
 
All prices published in our brochures, marketing material and our website are for guidance only and are based on exchange rates in effect on the publication date. Although every effort is taken to ensure prices are accurate at the time of publication, we cannot guarantee these prices. Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking. We reserve the right to alter or correct errors in any quoted or published prices at any time prior to a contract between us coming into existence and to correct errors in the prices of confirmed bookings.
 
d) Eligibility
Anyone under 18 must be accompanied by a parent or guardian for the entire Expedition, Adventure or Journey. Some itineraries have minimum age requirements—call for more information.
 
e) Included in Expedition Cost
Accommodations and meals as indicated in the itinerary (B = breakfast, L = lunch, D = dinner); educational materials; pre-departure information; entrance fees, excursions, and sightseeing noted as included in the itinerary; all gratuities except those for train or ship's crew, unless otherwise noted on the itinerary page; ground transportation during the Expedition; transfers to and from flights where applicable; services of AwimAway experts and/or local guides, and any other staff; and taxes, port charges, baggage handling, and service charges. Please note: the “B, L, D” notations apply to the period during the Expedition only and do not include any meals on flights to/from the Expedition. Internal airfare is included on some Expeditions as indicated in the itinerary.
 
f) Not Included in Expedition Cost
Air transportation and related fees (except as indicated in the itinerary); activities noted as optional in the itinerary; gratuities for train or ship’s crew, unless otherwise noted on the itinerary page; passport, visa, and permit expenses; medical expenses and immunizations; baggage/accident/cancellation insurance; personal expenses, such as laundry, telephone calls, and alcoholic beverages; and any other items not specifically noted as included.
 
g) Single/Shared Accommodations
A limited number of single rooms/cabins are available at an extra cost on a first-come, first-served basis. AwimAway and/or the tour operator will assist persons requesting a roommate. The participants will be notified if a suitable roommate is not available, in which case the single rate will be charged.
 
2. MAKING YOUR BOOKING
The person making a booking will be deemed as group leader and must be authorised to make the booking on the basis of these Terms & Conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. The group leader is responsible for making all payments due to us.
 
3. PROCESSING YOUR BOOKING
a) Where you book online or otherwise request us to, we will communicate with you by e-mail in relation to your booking. We may also contact you by telephone and/or post if we cannot, for whatever reason, contact you by e-mail. 
 
b) When you receive the invoice, please check the details carefully and inform us immediately if anything is incorrect. Spelling of names etc. is particularly important. Names on travel documents must exactly match those shown in passports – we cannot accept responsibility if an airline or other supplier refuses boarding because the name(s) shown in your passport differ from those on your ticket. Contact us immediately if any information which appears on the confirmation, invoice or any other document appears to be incorrect or incomplete.
 
4. RESERVATION & FINAL PAYMENTS
a) For tailormade Private Expeditions a £150 per-person deposit is required.
 
b)  A contract between you and us will come into existence when we process your credit/debit card payment for your deposit or initial payment into our account, and issue you with a confirmation invoice. Where we have taken payment from you but are unable to confirm your booking arrangements, we will issue you with deposit receipt letter only, acknowledging receipt of your payment. The deposit receipt letter is not a confirmation invoice and does not constitute a contract between you and us. We will only issue you with a confirmation invoice where we reasonably expect your booking arrangements to be available to book and only at this stage will a contract between you and us exist.
 
c)  Final payment is due no later than 90 days prior to departure. Payments must be made by credit card. A participant’s reservation may be cancelled if full payment has not been received by 90 days prior to departure. For reservations made within 90 days of the departure date, full payment is required when the reservation is accepted.
 
SECTION 2
Terms and conditions which apply to your or our activity
 
1. IF YOU CHANGE YOUR BOOKING
Any revisions made within the Cancellation Period, such as a change in departure date or choice of Expedition, are subject to this cancellation policy. Whilst we will endeavour to assist, we cannot guarantee that any request will be met. If we can make the requested change you will be provided with a quote detailing any additional costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers and our amendment fees of £100 per person. Any airline tickets issued are subject to the carrier’s refund policy. 
 
2. IF YOU TRANSFER YOUR BOOKING
a) If any member of your party is prevented from travelling, the person(s) concerned may transfer their place to someone else (introduced by you) as long as the following conditions are met:
  • the transfer is requested in writing at least 14 days before departure;
  • all suppliers and third parties accept the transfer of names or are able to re-book. Air tickets are rarely transferable;
  • you sign an authorisation to transfer the Expedition into another name;
  • the transferee accepts these Terms and Conditions;
  • the transferee provides us with new travel insurance details;
b) Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result together with an amendment fee of £100 must be paid. Any overdue balance payment must also be received. 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 Para 3 of this Section will apply. 
 
Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
 
3. IF YOU CANCEL YOUR BOOKING
a) All cancellation notices must be received in writing and will become effective as of the date of the postmark. If a participant cancels 120 days or more prior to departure, a refund less an administrative fee of 50% of the deposit will be made. Per-person charges for cancellations that occur less than 120 days prior to departure (“Cancellation Period”) are as follows: 91-119 days prior to departure: 100% of the deposit amount; 45-90 days prior to departure: 50% of the Expedition cost; 44 or fewer days prior to departure: 100% of the Expedition cost. This policy also applies to pre- and post-Expedition extensions, extra arrangements confirmed on any participant’s behalf and Asian Geographic Journeys. 
 
Period before departure we are notified Cancellation Charge
120 days and more 50% of the deposit
91-119 days 100% of the deposit
45-90 days 50% of the Expedition cost
44 days or less 100% of the Expedition cost
 
b)  Cancelling your flights: Certain types of airline tickets cannot be changed after a reservation has been made and any alteration request will incur a 100% cancellation charge. Tickets returned will be submitted to the respective airline, or their agent, for assessment. As soon as we are reimbursed by the issuing airline or their agent, we will forward a refund to you, less loss of deposit and applicable cancellation and/or administration charges. Please note that airline refunds or part-used tickets and the return half of the airfare are always less than the pro-rata rate and may have no refund value whatsoever. Refunds usually take 8-12 weeks but in certain cases may take longer.
 
C) Arriving late or leaving an Expedition in progress, passengers not travelling or unable to use any services; for any reason whatsoever, will be termed as cancellation and no refunds will be given.
 
4. CHANGES AND CANCELLATIONS BY US
 
a) AwimAway reserves the right to make changes to your travel arrangements. The itineraries and staff presented in the brochure or on the website are subject to modification and change by AwimAway Geographic Expeditions or the tour operator. Every reasonable effort will be made to operate Expeditions as planned, but alterations may still occur after final itineraries are sent.
 
b) If an Expedition is cancelled after confirmation but prior to departure, the tour operator will provide the participants with a full refund of monies paid to the tour operator; except in the event that the cancellation is due to a significant event that makes it infeasible to operate the Expedition as planned, in which case the tour operator will provide the participants with a refund or credit toward a future Expedition equivalent to the amount paid to the tour operator.
 
c) If AwimAway or the tour operator cancels the Expedition in progress, the participants will receive a prorated refund based on the number of days not completed on the Expedition. If a participant elects to leave an Expedition in progress of their own volition, the participant will not receive any type of refund. 
 
d) If AwimAway or the tour operator cancels the Expedition in progress and the participant elects not to immediately return to his/her original point of departure for the Expedition, or if the participant elects to leave an Expedition in progress of their own volition, the participant acknowledges and agrees that (i) the participant shall be solely responsible for his/her travel plans once he/she departs the Expedition, (ii) neither AwimAway nor the Tour Operator shall have any responsibility for or control over the participant’s safety or activities once he/she departs the Expedition, and (iii) the participant releases and holds harmless AwimAway and the Tour Operator, from any and all costs, liability, loss, damage, injury, or death that may arise out of the participant's decision to not return to his/her original point of departure from the cancelled Expedition in progress. 
 
5. INDEPENDENT ARRANGEMENTS/OPTIONAL EXCURSIONS
If a participant elects to participate in any additional activity or excursion that is not arranged or led by AwimAway or the Tour Operator, neither AwimAway nor the Tour Operator shall have any responsibility for or control over the participant’s safety or well-being, and the participant releases and holds harmless AwimAway and the Tour Operator from any and all costs, liability, loss, damage, injury, or death arising from the participant’s decision to participate in such activity or excursion.
 
6. SPECIAL REQUESTS
If you have any special requests in connection with your AwimAway Expedition itinerary, you must submit them to us in writing at the time you book your reservation. We will pass along any requests we deem reasonable to the relevant service providers. We cannot guarantee, however, that the service providers will fulfil such requests, as such services or amenities may not be available. AwimAway is not liable for any failure to fulfil a special request, and no cancellation due to any special request not being met shall be allowed. AwimAway does not accept booking requests conditioned or contingent on the fulfilment of a special request.
 
7. YOUR CONTRACTUAL REQUIREMENTS
By using our Service, we will assume you accept the terms and conditions and agree to accept the authority and decisions of our employees, guides, agents and suppliers while on Expedition. If, in the opinion of any of these, your health or conduct appears likely to endanger the progress of an Expedition, we may decide to cancel your Private Expedition. In the case of ill health, we may make such arrangements as we deem necessary and recover the costs thereof from you. If you commit an illegal act, we shall cease to have responsibility to or for you.   
 
8. NOTICES
All communications relating to this Agreement (in particular any requests to cancel or amend your Expedition arrangements must be made from the group leader in writing and in English and delivered by email. Any such communication shall take effect when a complete and legible copy of the communication has been received by us and confirmation to the effect has been sent to you.   
 
 
SECTION 3
 
Terms and conditions which additionally apply to our products
 
1. OUR LIABILITY 
a) For Third party (AwimAway) including accommodations, our obligations are to source Services for your Expedition and put together an itinerary which is suitable as per your instructions. We will then forward your payments on to the relevant suppliers to confirm your booking. The actual provision of your Expedition Services shall at all times and for all elements be performed by third party suppliers, on whose behalf we act as agent. 
 
(b)  Notwithstanding (a) above, we will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Expeditions and Package Tours Regulations 2018 and the EU Directive 2015/2302 on Package Travel (and subsequent UK regulations) as set out below. Subject to these Terms & Conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation invoice, 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 Expedition. 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.
 
c) 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 omission(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 Expedition and which were unforeseeable or unavoidable or (iii) unavoidable and extraordinary circumstances or force majeure as defined in Section 4 below.
 
d) 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 your hotel or any other 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 and any excursion you purchase in resort. 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.
 
e) As set out in these Terms and Conditions, we limit the maximum amount we may have to pay you for any claims you may make against us:
 
(i) loss of and/or damage to any luggage or personal possessions (including money) when under our responsibility: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
 
(ii) Claims which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
 
(iii) Claims in respect of international travel by air, sea and rail, or any stay in a hotel (if purchased through AwimAway):
  • The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements).
  • You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
  • In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
  • When making any payment, we are 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.
  • Where applicable, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline/transport provider or other supplier in relation to the claim that gives rise to that compensation payment.
f) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (i) 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 (ii) 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 business losses.
 
g) You must provide our insurers and ourselves with all assistance we may reasonably require. You must also tell us and the supplier concerned, about your claim or complaint, as set out in Section 4 below. 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 (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with our insurers and us, if our insurers or us want to enforce any rights that are transferred. 
 
2. YOUR RESPONSIBILITY  
a) 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 property holder, 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.
 
We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the Expedition of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
 
b) The type of travel, which we offer, requires flexibility and must allow for alternatives. The outline itinerary as given for each Private Expedition must therefore be taken as an indication of what each tour may accomplish, and not as a contractual obligation on the part of AwimAway. It is understood that the route schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events which may include sickness, mechanical breakdown, flight cancellations, strikes, events emanating from political disputes entry or border difficulties, climate and other unpredictable or unforeseeable circumstances. 
 
Acceptance of Risk (By You): By requesting for a Private Expedition, the participant acknowledges that he/she is aware that the tour he/she is undertaking may involve potentially dangerous activities, some 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. The participant further acknowledges 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 he/she is participating on the Private Expedition and that when available may not be of the quality which exists in the United Kingdom.
 
Expectations of Overseas Standards & Safety (By You)
The requirements and standards of the country in which any services, that make up your Private Expedition are provided, which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may often be lower. The infrastructure standards in certain overseas countries are often quite different from those accepted as the “norm” in the UK. This can include levels of service and the reliability of transport, food, accommodation, communications, power and water supplies to name but a few. In addition, you must take reasonable precautions for your own safety whilst on Expedition. For example, you are advised not to walk alone at night in unlit areas and not to display jewellery or valuables.
 
 
SECTION 4
The following additional terms apply to your bookings.
 
1. TRAVEL INSURANCE
It is a condition of booking that you have or arrange adequate insurance cover for personal liability, medical and Expedition cancellation to be valid from the date when the contract between us comes into existence until the Expedition is completed.
 
GIVEN THE NATURE OF TRAVEL SERVICES, WE RECOMMEND THAT YOU OBTAIN INDEPENDENT INSURANCE TO PROVIDE ADEQUATE COVER FOR MEDICAL EXPENSES, PERSONAL ACCIDENT, LOSS OF BAGGAGE AND CURTAILMENT OR CANCELLATION OF YOUR TRIP. PLEASE NOTE THAT SUCH INSURANCE IS NOT INCLUDED WITH YOUR PURCHASE ON AWIMAWAY PRIVATE EXPEDITIONS UNLESS YOU SEPARATELY PURCHASE SUCH INSURANCE ON THE AWIMAWAY OR ASIAN GEOGRAPHIC EXPEDITIONS SITES (WHEN AVAILABLE).
 
PLEASE READ YOUR POLICY DETAILS CAREFULLY AND TAKE THEM WITH YOU ON YOUR EXPEDITION. IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE INSURANCE COVER YOU PURCHASE IS SUITABLE AND ADEQUATE FOR YOUR PARTICULAR NEEDS. 
 
Please ensure that you are fully covered, in particular with regard to the maximum cancellation amount, and that you provide details of your insurer and policy number for our records. We may need to refer to this if you are involved in an accident. If you do not arrange the aforementioned cover, AwimAway may, if it chooses, refuse your booking or cancel your Expedition, In any event, AwimAway will not be held responsible for any expenses, loss or damage you incur as a result of your failure to comply with this clause or the requirements of your travel insurance policy. 
 
2. PASSPORTS, VISAS & HEALTH
Participants are responsible for obtaining any documents required for their participation in the Expedition such as a valid passport, all visas, health requirements, travel insurances, and any other documents. Failure to obtain documents does not negate the terms and conditions, and any extra costs incurred for rerouting due to travel without the necessary documents will be the participant’s responsibility.
 
You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure. 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 or otherwise comply with any passport, visa, immigration requirements or health formalities. 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.
 
3. HEALTH REQUIREMENTS
AwimAway reasonably accommodates travellers with disabilities on all of its trips, but not all trips may be suitable for all travellers. Any physical condition, diet, or treatment requiring special attention must be reported in writing when the reservation is made. Walking and climbing stairs are required in many hotels and airports to board an aircraft and for many excursions. If the participant requires special accommodation, and/or a slower pace, extra assistance, or the use of a cane or walking stick, please let the AwimAway staff know at the time of booking your Private Expedition. 
 
4. MEDICAL AUTHORIZATION AND COVERAGE
In the event the participant becomes sufficiently incapacitated as to be unable to direct his or her own care, there is no one on the Expedition who can direct participant’s care, and AwimAway is unable or does not have time to contact participant’s emergency contact, the participant, by registering and paying a deposit for an Expedition, authorizes any medical treatment deemed necessary in the event of any injury or illness while participating in the activity including, but not limited to, X-ray, examination, anaesthetic, medical or surgical diagnosis, or treatment and hospital care which is deemed advisable by, and is to be rendered under the general or specific supervision of, any physician and/or surgeon of the NHS in the United Kingdom, or, if in a foreign country and no physician licensed to practice in the United Kingdom is reasonably available, by a duly licensed physician deemed competent to render the necessary care. In addition, the participant certifies that they 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 the participant, or that in the absence of this medical insurance coverage, the participant agrees to pay all costs of rescue and/or medical services as may be incurred on the participant’s behalf.
 
5. PHOTOGRAPHY
AwimAway, the tour operator, and the Expedition leader reserve the right to take photographs or videos during the operation of any Expedition or part thereof and to use the resulting photography, videos, or recordings for promotional or commercial use. By booking a Private Expedition, the participant agrees to allow his/her likeness to be used by AwimAway, Asian Geographic-authorized third parties, and the tour operator without compensation to the participant. If the participant prefers that his/her likeness not be used, he/she must notify AwimAway and/or the tour operator in writing prior to departure on your Private Expedition.
 
Copyright in all photographs, video, and related materials created by the participant (“Expedition Materials”) will belong to the participant upon creation. The participant grants to AwimAway a non-exclusive, worldwide, irrevocable license to use any Expedition Materials provided to AwimAway and/or the tour operator in any media for the following limited purposes: editorial use, promotion of this editorial use, promotion of AwimAway’s travel programs, or promotion of the mission of Asian Geographic.
 
6. FORCE MAJEURE 
Except where otherwise expressly stated in these Terms and 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 damage, loss or expense of any nature as a result of “force majeure”. In these Terms and 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 political disputes, acts of war, threat of war, riots, terrorist activity (actual or threatened), border closures, industrial action (actual or threatened), technical problems with machinery, transport or equipment, government intervention, health epidemics, natural disasters, fire or explosion, inclement weather and acts of God and all other unforeseen or unavoidable circumstances beyond our or our suppliers’ control. 
 
7. CLAIMS & COMPLAINTS
In the event that you have cause for complaint whilst on an Expedition you must immediately bring it to the attention of the Expedition Guide or relevant leader, obtaining written confirmation from them of the complaint so that we will have the opportunity to correct the matter during your Private Expedition. If your complaint is not resolved locally then please contact our AwimAway UK office.
 
If you fail to follow the complaints procedure in this clause you deprive us and our suppliers of the chance to investigate your complaint and to do our best to rectify it. 
 
If we/the supplier is unable to resolve matters whilst you are on Expedition and you remain dissatisfied you must write to us within 28 days of your return with full details. Please quote your booking reference on all correspondence. If you fail to follow this simple complaint procedure, your right to claim any compensation may be affected or even lost as a result.
 
If you remain unhappy, you can choose to use the European Commission Online Dispute (ODR) Resolution platform, which can be accessed at http://ec.europa.eu/consumers/odr/, as a means of alternative dispute resolution. 
 
8. LAW & JURISDICTION
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 that 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 County Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
 
9. PERSONAL INFORMATION & PRIVACY
Your personal information and that of your party is important to us. We will always treat it with the respect it deserves and will never pass it to any third parties, except those that need this information in the course of providing the Expedition services you have booked. We may contact you from time to time with Expedition information and offers that we think might be of interest. Should you wish to stop hearing from us, by email or by any other means, please email us at unsubscribe@AwimAway.com, detailing how you wish us to use and store your personal information.
 
We are now required to collect Advance Passenger Information (API) for passengers prior to travel to many destinations. This information is required for immigration control and to aid aviation safety and security, and as such we require full passport details, passenger names, dates of birth, gender, nationality etc to pass onto the relevant airlines. In addition, please note that we are required to pass on your mobile and email details to many airlines in case they need to contact you prior to travel. This information will not be retained by the airlines after your travel has been completed and will be used solely in the course of conducting your travel arrangements. AwimAway will not be held responsible if you fail to provide or comply with relevant API requirements.
 
10. ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement between you and AwimAway (part of sian Geographic Partners Ltd) regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms of Service. 
 
11. MODIFICATION OF TERMS OF SERVICE
You acknowledge and agree that AwimAway may, at its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, including the terms of AwimAway membership, by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. It is your responsibility to check periodically for any changes we make to the Terms of Service.  Your continued use of this Site after any changes to the Terms of Service means you accept the changes.
  
12. EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS
Notwithstanding the expiration or earlier termination of your AwimAway membership or any general legal principles to the contrary, any provision of these Terms of Service that impose or contemplate continuing obligations or rights of a group will survive expiration or termination of these Terms of Service. These Terms of Service will be superseded by any subsequent edition.
 
13. CONSUMER PROTECTION
Data will be made available on receipt of Protected Travel Services (to be filled) or other protection.
  
14. PRIVACY POLICY
Our privacy policy can be found at asiangeographic.com/community/privacy/
 
15. CONTACTING ASIAN GEOGRAPHIC PARTNERS
If you have any questions about these terms and conditions, please contact us by e-mail at AGLegal@asiangeo.info.  You also may write to us at:
 
Legal Section
Asian Geographic Partners Ltd
16 Myddelton Gardens
Winchmore Hill
London N21 2PA
 
 
EFFECTIVE DATE: 18 Feb 2020