Terms and Conditions of Service
Please read the following terms and conditions carefully as they apply to all tours and are the basis for all tour contacts booked with River and Soul Adventures Ltd, trading as River and Soul. The terms “we”, “us”, “our” refer to River and Soul. “You”, “Your”, “Yourself” refers to all persons named in the booking, including those who are added or changed after booking has been confirmed.
1. Booking, payment, and confirmation
To book onto a tour please use the contact form on our website or give us a call to request a quotation. Once you are happy with the quote, get in touch with us again so we can confirm availability on your chosen tour and processing your booking. The person named on the quotation (“Party Leader”) must be authorised to make the booking, in line with the terms and conditions, on behalf of all those named on the booking and the parent/guardian of those who are under 18 years of age. By paying the deposit, the Party leader accepts these terms and conditions on behalf of all members of the party and confirms that he/she is authorised to do so by all members of the party. There are two parts to payment – ‘Deposit’ and ‘Balance’. The Deposit is a standard 25% of total tour cost and must be paid at the time of booking to reserve a space on the tour. It is non-refundable as it will be spent on making essential booking arrangements with our partners and suppliers. The Balance is the rest of the tour cost (75% of total tour cost). This must be paid 8 weeks prior to the trip or the party may lose its reservation. If the booking is within 8 weeks of the tour the deposit and balance must be paid in full at the time of booking. Once the deposit has been paid the Party Leader shall be sent a confirmation email which includes the party’s booking confirmation, reference, and receipt. None of the persons named on the booking shall have spaces reserved for them until the party’s deposit is paid in full. The Party Leader is responsible for all payments due to us and must be at least 18 years of age at the time of the deposit is paid. The nature of our tours and the countries we operate in means that we cannot always confirm every requested element of the tour at the time of booking. We will not request full payment of a tour until we reasonably expect the key experiences of your tour to be available. If we do not receive all payments due to us in full and on time, we are entitled to assume that you wish to cancel your booking. In this case the cancellation charges set out in section 3.1 will apply. In such cases a written notice of cancellation and a cancellation invoice would be sent to you.
2. Alterations by you
The Party Leader should notify us in writing as soon as possible if you would like to make any alterations to the tour. We will do our very best to try and make these alterations possible but we cannot guarantee that these new arrangements will be possible. If we can make a requested change then we will provide the Party Leader with a quotation for the alteration. We charge an Amendment Fee of £75 per amendment. Alterations to the tour will require us to re-quote for the tour. Please note that some experiences and accommodation are at a set price. This means that if you decrease that size of your party then the price overall price may remain the same. Therefore the price per person would increase.
3. Cancellation by you
Cancellations must be notified to us in writing by the Party Leader. This notice of cancellation will only be effective when it is received at our office (Office hours – Monday to Friday 09:00 to 17:30 GMT).
3.1 Cancellation charges:
Cancellations will be charged the following:
• Cancellations 6 weeks + prior to tour start date will be charged 50% of Balance.
• Cancellations 4 weeks + prior to tour start date will be charged 75% of Balance.
• Cancellations under 4 weeks prior to tour start date will be charged the full Balance.
(In all cases the Deposit and any Amendment Fees are non-refundable)
If a member of the party so wishes, they may transfer their place to someone else (introduced to us by you) providing the following conditions are met:
• All suppliers and third parties accept the transfer of names or are able to re-book.
• You sign an authorisation to transfer the tour to another name.
• The transferee accepts these terms and conditions.
• The transferee provides us with their own travel insurance details.
• An amendment fee of £75 and any overdue payment must be received.
• Any costs and charges uncured by us/or incurred or imposed by any of our suppliers as a result of the change must be paid (you shall be provided with a quote for these).
4. Changes and cancellations by us
Occasionally we will have to make changes and correct errors in our booking information both before and after bookings have been confirmed and after the start of the tour. We may also have to cancel confirmed bookings due to factors outside of our control, mistakes, or if the minimum number of bookings requires for a particular holiday have not been received. Whilst we always endeavour to avoid changes and cancellations we must reserve the right to do so. This allows us to keep health and safety the main focus of all our tours. We will notify you of cancellations at the earliest opportunity. If the minimum number of bookings has not been achieved we shall notify you at least 30 days before departure. Most changes will be minor and should not affect the running of your tour. Occasionally we may have to make significant changes. A significant change is a change that we can reasonably expect to have a major effect on your holiday. These include a change to the start and/or finishing date of your tour, a change of accommodation to that of a lower standard, and the cancellation of an experience. Should we have to make a significant change we will inform you as soon as reasonably possible. If there is time to do so before departure we will offer you the choice of the following options:
1. Acceptance of the changes.
2. Purchasing an alternative tour from us (if the alternative tour is cheaper you shall be refunded the price difference and if it is more expensive you will be charged the difference).
3. Cancelling or accepting the cancellation and receiving a full refund of all monies due.
If we have to make a significant change or cancellation we will, where compensation is appropriate, pay you reasonable compensation, with a minimum of £100 but no more than £500 per booking, depending on the circumstances and when the significant change or cancellation is notified to you, subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentions can be accepted where:
• We are forced to make a major change or 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.
• We have to cancel because the minimum number of bookings necessary for us to operate your holiday has not been reached.
• Where your booking is cancelled or a significant change made prior to or at the time of confirmation.
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 Terms and Conditions entitling us to cancel or where a change is a minor one. Very rarely, we may be forced by “force majeure” to change or terminate your tour after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain refunds from our suppliers), pay you any compensation, or meet any costs or expenses you incur as a result.
4. 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 or our obligations under our contract with you is prevented or affected by or you otherwise suffer 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, natural disasters, fire or explosion, inclement weather and acts of God.
We promise to honour the price that is quoted to you until the quotation becomes invalid. Once the quotation is invalid it is open to price changes in accordance with supplier changes and exchange rates. All prices published in our brochures, marketing material and website are for guidance only. They are based on exchange rate in effect on the publication date. We take care to ensure that the prices are accurate at the time of publication but we cannot guarantee these prices. Please note that pricing changes and errors do occasionally occur. You must check the price of your chosen tour at the time of booking.
We require all clients to have their own personal travel insurance. It must cover you adequately for liability, medical, and holiday cancellation insurance. It is your responsibility to make sure that you have suitable travel insurance that covers all aspects of the tour you are booked onto. We are able to provide a list of activities that need to be covered for in travel insurance. You must make ensure that the insurer is aware of the type of destination and any activities which you plan to undertake that maybe considered high risk, such as whitewater rafting and trekking. We require that the details of your insurer and policy number are provided to us for our records. We may need to refer to these if you are involved in an incident. We reserve the right to cancel an individual’s tour if it becomes apparent that an individual does not have personal travel insurance once on the tour. In such cases cancellation charges in section 3.1 will apply. River and Soul cannot provide any legal advice as to whether a travel insurance policy is suitable for any tour. Any advice that may be given is non-legal and is solely based upon our previous experiences. River and Soul has its own business insurance. However, as standard, this does not cover our clients.
7. Visas, Passports, and Health Requirements
All member of the party shall require a valid passport and visa to travel to a foreign country. It is your responsibility to obtain and make sure that you have the correct documentation. 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 you are unable to take part in the tour because of you have not obtained or carried the correct documents then we shall treat this as a cancellation of the trip and as such will cancellation charges in section 3.1 will apply. All tours we offer require a certain amount of general fitness and some require high level of fitness. Please consult us as to what fitness levels are required for your tour in particular. You may also need vaccinations for some countries. It is your responsibility to check with a qualified doctor what vaccinations you may require and obtain them. We require that your visa is valid for at least 6 months after your start date of the tour. Any advice concerning visas, passports, or health requirements that River and Soul may give is non-legal and solely based on our past experiences.
8. Supplier’s conditions
Independent suppliers provide most accommodation, services, and transport. All bookings are subject to the supplier’s conditions and regulations of these carriers/transport proprietors/accommodation providers and service suppliers. These conditions may limit or exclude liability to you – copies are available from us on request. Many suppliers require a waiver of responsibility to be signed, which may limit some of your rights in relations to those suppliers.
9. Our Liability
We promise to make sure that the tour arrangements that have been agreed are performed or provided with reasonable skill and care. We will take responsibility if, for example, you suffer death, personal injury, or your contracted tour arrangements are not provided for as promised because of a failure or negligence of ourselves or our employees. It is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. We will not be responsible for any actions by a third party not connected to the tour that caused any form of damage or loss to yourself, property or the party. If you wish to make a claim against us then you must provide our insurers and ourselves with all assistance we may reasonably require. You must also follow our claims and complaints policy in section 15. If you fail to do this your right to compensation may be affected or even lost as a result.
10. Behaviour and Damage
When you book with us, you accept responsibility of any damage or loss caused by yourself or any other member of your party. Full payment for any such damage or loss must be paid in full to River and Soul and or the service provider. If the cost is not known then it shall be reasonably estimated. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and other party’s full legal costs) as a result of your actions. We expect all clients to have consideration for other people. If we reasonably decide that you or a member of your party behaves in such a way that causes or is likely to cause danger, upset or distress to another member of the tour, a third party, or damage to property we are entitled to terminate the tour for the person(s) concerned without any prior notice. We will have no further responsibility towards such person(s). No refund will be made and we will not pay any expenses or costs incurred as a result of the termination.
11. Drugs and Alcohol
River and Soul have a zero tolerance drug policy. If you are found to be using drugs on tour then River and Soul reserve the right to terminate the tour for the person concerned without any prior notice or refund.
Alcohol is available throughout the River and Soul tours but is not included in the tour price. You must purchase their own alcohol. River and Soul have a zero tolerance alcohol policy while taking part in adventure activities while on tour. If you are found to be intoxicated before the start of an adventure activity or found to be consuming alcohol what participating in an adventurous activity, River and Soul reserve the right to stop your participation of the tour or the current activity.
You are to respect section 10 (Behaviour and Damage) for their intake of alcohol levels throughout the tour.
12. Acceptance of risk (by you)
By booking on a tour with River and Soul you acknowledge that the very nature of our tours have a significant amount of inherent personal risk involved. These risks include but are not limited to injury, disease, loss or damage to property, inconvenience, discomfort, and even death. All members of the party (parents or guardians for those under the age of 18) must sign a disclaimer before travelling. As stated in section 6, all party members must have suitable personal travel insurance. This is to help counteract the outcome of potential risks.
13. Overseas standards, expectation, and safety
River and Soul tours by nature are adventurous. We take you to participate in extreme experiences in a developing country. The general standards therefore will be much lower of those in the UK. Particularly in laws and therefore the levels of service and infrastructure. This can cause issues with the reliability of transport, food, accommodation, communications, power, and water etc. River and Soul use our past experience to predict when these issues may arise and therefore resolve as many issues as possible before they become apparent. In addition to our efforts you must also take responsible precautions for you own safety. For example keeping yourself protected from theft and maintaining good hygiene.
14. Arrival and Departure
Unless previously agreed, you must arrange to arrive in Kathmandu International Airport on the first day of your tour date and depart from Kathmandu International Airport on the last day of your tour date. Airport pickup and drop off is a standard part of all River and Soul tours. It is your responsibility to provide us with your flight details so that we can arrange suitable transport to pick you up and drop you off with plenty of time to catch your flights. Please inform us if you are planning on arriving earlier or staying later than the trip as we can help organise the remainder of your stay and book any accommodation you are needing. If you arrive late due to cancellation or flight delay, we will do our best to get you joined up with the main group as quickly and smoothly as possible. This may mean that you miss out on experiences. To get you transported to the main group we may have to use public transport rather than a private vehicle.
All accommodation throughout the tour is covered by the tour price. We use a range of different accommodation types including, but not limited to: hotels, campsites, River beach set-up camps, and home-stays. Where possible we will try to provide private accommodating for each individual/party. However, there are often times where you shall have to share a room or tent with other members of the tour. The accommodation provided is only for the use of the people named on the confirmation booking.
16. Claims and complaints
If you have a complaint when on tour it is your responsibility to bring it to the attention of your Tour Leader and the management of accommodation or relevant supplier so that we will have the opportunity to correct the matter during the tour. Make sure that you obtain a written confirmation from the accommodation or supplier of the complaint. If you fail to do this then you will deprive us and our suppliers of the chance to investigate the issue further and do our best to rectify it. If we are unable to resolve the issue whilst you are on the tour then you must write to us within 28 days of the end date of your tour. Please quote your booking reference on all of the correspondence. If you fail to follow these steps then your right to compensation may be affected or even lost as a result.
17. Law and Jurisdiction
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. River and Soul is registered in England and Wales and as such is governed by their laws.
18. Personal Information and Privacy
River and Soul will not pass your personal information to any third parties, except those that need that need the information in order to make a booking of a service or experience for your tour. We treat all personal information passed to us with respect and shall keep it safe. We may contact you from time to time with holiday information and offers that we think may interest you. If you would like to stop hearing from us then please contact our offices telling us how you wish us to store and use your personal information. We shall only ask for information that we deem to be to be of need for your tour or in the event of emergency.
19. Publicity Release:
By participating in or attending any activity in connection with this tour, whether on or off the premises, I consent to the use of any photographs, pictures, film or videotape taken of me or provided by me for publicity, promotion, television, websites or any other use, and expressly waive any right of privacy, compensation, copyright or other ownership right connected to same.
20. Company details
River and Soul Adventures Ltd., trading as River and Soul, is a Private Limited company. We are registered in England and Wales – Company Reg No: 10664574. We are based in the UK but operate adventure tours world-wide.
21. Credit cards
We accept most major credit cards. Following standard industry norms, a surcharge is applied to all payments made by a credit card. This surcharge is between 2% and 3% depending on your card and will be advised at the time of payment.
22. Problems and Emergencies
If any problems occur while on tour, please inform your Tour Leader as soon as possible. Your Tour Leader will work to resolve any problems or emergencies as efficiently as possible. If the issue is not resolved on trip then please contact our offices. If you fail to follow the complaints procedure set out in section 15 then your right to claim compensation you may be affected or even lost as a result.
23. Our contact details
Tel: (+44) 01423 593293 Email: firstname.lastname@example.org Website: www.riverandsouladventures.com Registered Office: River and Soul Adventures Ltd Hammerain House Hookstone Avenue Harrogate HG2 8ER England Office Hours: 09:00 – 17:30 (GMT) Monday – Friday