1. Your contract with Across the Divide

Your contract for travel, accommodation and other services (“your travel arrangements”) will be with us, Across The Divide of Jubilee House, Fore St, Thorncombe, Somerset TA20 4PP. When you make your booking you must complete a booking form accepting the term of these booking conditions and pay any deposits and race entries. We will confirm our contractual commitment to you by sending to you a confirmation invoice, plus the details of your travel arrangements and the itinerary that we have agreed to provide. It is only then that these terms and conditions will apply and a contract will exist between us, which is governed by English laws and the exclusive jurisdiction of the English Courts. Travel arrangements made by us are fully protected under the Company’s ATOL Licence Number 6475 arranged with the Civil Aviation Authority (CAA).

2. The price of your Tour

(a) The balance of any payment for the event must be made at least 10 weeks prior to departure. If the balance is not paid in time we reserve the right to cancel your place , retain your deposit/race entry and apply cancellation charges set out below.

(b) You may cancel your participation in the event at any time provided this is communicated to us in writing. As this incurs administration costs we will retain your deposit and race entry fees (if applicable) and in addition may apply cancellation fees up to a maximum shown below:

Note: If the reasons for cancellation is covered under the terms of an insurance policy, you may be able to reclaim some/most of these costs

(c) We reserve the right to increase the price of your travel arrangements to allow for variations in transportation costs (including the cost of fuel); dues, taxes or fees chargeable for services such as landing taxes and fees at airports and the exchange rate applicable to your travel arrangements.

(d) For the avoidance of doubt – we are not liable for any expenses you incur in the event of a change of tour departure time, date or airport.

3. Health, Safety & Fitness and your Insurance Cover

The event in which you will be participating is challenging and will require a good level of fitness, strength and endurance and it is your responsibility to ensure that you have the appropriate level of fitness to undertake the challenge. You should check with your doctor to ensure that you are sufficiently fit and healthy to participate in the event. Anybody with any disability, illness or infirmity needs to check with Across The Divide as to whether they can take part. You will need to complete a medical questionnaire and Across The Divide reserve the right to obtain further information from you and your GP relating to any medical condition they are concerned about, and also reserve the right to refuse entry to any participant that they feel is not medically fit enough to take part. If your medical condition changes in any way after completing the medical form and before the departure date, then you must inform Across The Divide and the insurance company of these changes. You should take into account that medical and other facilities at your destination are likely to be inferior to those in the United Kingdom and accordingly it is a compulsory term of travel that you take out travel insurance to cover any health or injury problems that arise and, if necessary, to arrange for your repatriation to the United Kingdom. Participation in the event is conditional on Across the Divide being satisfied that the you have adequate insurance. If you chose not to take the insurance scheme we offer, you are responsible for ensuring you are in possession of travel insurance in respect of at least medical expenses, injury, death, repatriation, cancellation and curtailment, with cover and benefits equal to or greater than the insurance we offer.

4. Cancellation and Force Majeure

(a) We reserve the right in any circumstance to cancel your tour and all tours operate subject to a minimum number of participants. However in no circumstance will we cancel the tour after the final balance deadline. In circumstance where we are unable to provide you with the tour booked then we will return to you all monies paid.

(b) If cancellation occurs due to unusual and unforeseeable circumstances beyond our control, such as national emergency, natural disaster, fire, bad weather, flight delays or other such events (acts of force majeure), then we will advise you as soon as it is reasonable to do so.

5. Alterations

It is unlikely that we will have to make any changes to your itinerary but we do plan the events many months in advance, so Across The Divide reserve the right to change the details of your travel arrangements and itinerary at any time. Most of these changes are minor and we will advise you at the earliest possible date. Flight times are subject to change as a result of airline procedures and these details are given for guidance only. Flight details will be shown on your ticket confirmation provided with your final documents.

If a major change occurs, you will be advised as soon as reasonably possible. When a major change occurs, provided it does not arise from circumstances amounting to force majeure (see above) you will have the choice to either:-

(a) Cancel your participation in the event, in which case you will receive a full refund

(b) Agree to proceed with the revised arrangements for the event

Compensation will not be paid in either circumstance.

6. Standard and Quality of Accommodation and Services

Your booking is accepted on the understanding that you realise that the tourism infrastructure in relation to both travel and accommodation may be substantially lower than you would expect in the UK and you should not have unreasonable expectations of the facilities that will be provided. As a consequence we will endeavour to make sure connections and transfers go smoothly but this may not always be possible due to flight cancellations, local political situations, weather, mechanical breakdown, or other unforeseen circumstances. Timings of air, sea, road and rail departures are therefore estimates only due to the above possible situations occurring.

7. Liability

(a) We accept responsibility for ensuring that your travel arrangements will be as described in literature produced by us, or on our behalf, in our Confirmation Invoice and with the itinerary and that the services we are contractually obliged to provide are to a reasonable standard. We accept responsibility for the acts and/or omissions of our employees, agents and suppliers (except for claims for death, injury or illness – see below).

(b) Across The Divide accepts responsibility for death, injury or illness caused by negligent acts and/or omissions of us, our employees, agents, suppliers and sub-contractors whilst acting within the scope of, or in the course of their employment in the provision of any part of your travel arrangements in the itinerary, that we are contractually obliged to provide. We will, accordingly, pay to an affected participant such damages as might have been awarded in such circumstances under English law. However, damages are not payable where any failure to perform the contract is due neither to any fault on our part or a supplier of any part of your travel arrangements or is attributable to you, or unforeseen or unavoidable actions of a third party unconnected with the event or unusual and unforeseeable circumstances beyond our control or an event which could not have been foreseen even with the exercise of all due care.

(c) In respect of carriage by air, sea and rail and the provision of accommodation, the amount of compensation Across The Divide may be obliged to pay will be limited in the manner provided by the relevant International Convention. Carriage by air is subject to the carrier’s conditions of carriage. In particular drunkenness or rowdy behaviour may lead to the airline refusing carriage when alternative flights may have to be arranged at your own cost.

(d) Any arrangements you make independently which do not form part of the event are entirely at your own risk.

8. Flights

(a) Delays: Most flights will be arranged with scheduled airlines who will normally provide refreshment, food and accommodation where there is any substantial flight delay and where this is feasible to do. For the avoidance of doubt, Across the Divide Ltd will not arrange or pay for these facilities if there is a delay on the outward or homeward points of departure if not offered by the airline.

(b) Flight Changes: Airlines might have to change aircraft without prior advance warning. You must check carefully the departure and check in times on your documentation and ensure that you arrive at the airport with sufficient time to check in.

9. Passports and Visas and Health

You will be advised separately of any passports or visa requirements and any compulsory health requirements to enable you to participate in your travel arrangements. Please note that you will require a full British passport with at least 6 months unexpired at the date of return travel. For EC and other passport holders please contact the relevant Embassy, Consulate or British Foreign Office for the exact requirements. It is your responsibility to ensure you have the correct passport and visa to gain access to any country/region included in the event. Airlines may refuse travel if you do not have the correct documents. The name on the passport MUST match the name on the ticket. If the names do not match you may not be able to travel and your insurance policy may be invalid. It is also your responsibility to ensure you obtain the proper and detailed medical advice from your GP. Where you do not do so and as a result are either not allowed to enter any country or suffer personal injury or death, we have no liability to you for any cost loss or damage that you suffer.

10. Your Contractual Requirements

By signing the application form you agree to accept the authority and decisions of our employees, group leaders, agents and suppliers while on the event.. The Tour Director from Across the Divide may at any time during the course of the event terminate your participation if they consider it necessary for the health or safety of you or the group. If you commit an illegal act we shall cease to have responsibility to you or for you.

11. Tickets and Tour Documentation

These will be sent to you approximately 7 days before departure.

12. Race Entry Forms

We are only able to confirm your place upon receipt of a fully completed race entry form, medical questionnaire and deposit.

13 Room Sharing

Due to the limited number of hotel rooms available you will be sharing with other participants. We will match you up with someone of the same sex on a twin to share basis. There might be the possibility for single supplements on a case by case basis.

14. Items Included in Your Tour

Return flights – economy class
Return airport transfers in county if applicable
Accommodation for the duration in the hotel and on the meal basis stated or offered
Across the Divide Representatives and Staff

15. Items Not Included in Your Tour

Travel insurance
Single Supplements if applicable
Cost of Visa
Personal expenditure
Any additions and extensions to the tour not provided by ATD