Booking Conditions

Tour Operator – Terms and Conditions

These Terms and Conditions are the standard terms which apply to provision of any Holidays provided by the Holiday Operator to any customer, other members of a customer’s party, and their guest/s and their use of those Holiday Services.

These Terms and Conditions are Your contract with Us for provision of any Holidays that You book with Us.

In this document, “You” and “Your” include the lead-named person on the confirmation invoice (who must be at least 18 years old at the time of booking) and all persons on whose behalf you make a booking

Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Business”	means any business, trade, craft, or profession carried on by You or any other person/organisation;
“Consumer”	means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer who books the Holiday Services for his/her personal use and for purposes wholly or mainly outside the purposes of any Business;
“Holiday”	means any tour/holiday/event/activity that We offer;
“Holiday Services”	means provision of holiday services that We provide to You;
“Holiday Operator /We/Us/Our”	means Apex Expeditions Ltd company registration number: 11961264 whose registered office is at Honeysuckle Cottage Blandford Hill, Milborne St. Andrew, Blandford Forum, England, DT11 0JB;
“Price List”	means the Holiday Operator’s standard price list of Rates. The Price List is available from info;
“Rates”	means the prices payable for provision of our Holidays;
“Regulations”	means The Package Travel and Linked Travel Arrangement Regulations 2018 and The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; and
“You/Your”	means an individual who is a customer of the Holiday Operator who agrees to pay both for him/herself as a paying guest of the Holiday Operator and also for members of his/her party and any of his/her guests.

Unless the context otherwise requires, each reference in these Terms and Conditions to:
- “these Terms and Conditions” is a reference to these Terms and Conditions as amended or supplemented at the relevant time; and
- a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions;
The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions;
Words signifying imparting the singular number shall include the plural and vice versa; and
References to any gender shall include the other gender.

Bookings
- You may book to make a Holiday in advance through www.apexexpeds.com or Phone 07546173543.
- When You request Us to make a booking, You must provide Us with Your identification information including, but not limited to, Your name, address, contact telephone number and email address.
- You must give Us payment details for any reservation at the time of booking. We will take Your credit/debit card details and You authorise the use of this card for any sums that become due to U Unless the booking for the reservation expressly states that You must pay at the time of reservation, We will not take any payment from You for it until the time indicated in Clause 5 below.
- Your request to Us to make a reservation for You will be an offer, but whether We accept any such request will be for Us to decide in Our discretion. Only if and when We tell You that We accept Your request for a particular reservation and We give You a booking reference will there be a booking. Only that acceptance of the booking will be a binding contract between You and Us for the reservation of a room or other Holiday Services reserved.
- Apex Expeditions Ltd Holiday Services vary. Whatever service you choose, the terms of this contract will apply unless We indicate otherwise.
- The contract between Us comes into existence when We send Our confirmation invoice to you. You will have undertaken to pay for your booking and We will have undertaken to provide you with the Holiday We describe on Our website.
- If We are unable to accept your booking, We will of course return your payment to you immediately.
- When you make a booking with Us, whether or not through Our website, you have the benefit of Our full compliance with the Regulations. Parliament has made provision for these regulations to continue in force notwithstanding Our departure from the European Union.
- For you to make a booking, We require your deposit and a completed booking form, as provided on Our website. Our confirmation invoice will be sent to you by post or email. We may decline your booking for any reason and We do not have to give you the reason. If that happens We will return your money to you immediately and in any event within 14 days.
Your authority to book for others
- If You make a booking on behalf of others as well as Yourself, You confirm that You have the authority of each of those other people to enter into the contract and that You and they have agreed to be jointly and severally liable to Us. You now accept personal liability for the acceptance and compliance of each of those people, with these contract terms.
- It is Your responsibility to ensure that all of the details on Your travel documents are correct and notify Us of any discrepancy or misunderstanding immediately. We shall also look only to You for making payments as they become due, ensuring the accuracy of the personal details and other information supplied by other members of Your party and for whatever liaison communication is necessary between You and each other party to keep them fully informed.
- As lead member of Your party, We will deal only with You in Our correspondence.
What is included in the price of an Apex Expeditions Ltd Holiday?
- The following items are including in Your Holiday unless stated otherwise in an itinerary that we issue to you:
  - travel from the meeting point to Your return to the departure point (which is likely to be the same place);
  - accommodation and all meals (unless otherwise stated in the itinerary);
  - drinking water;
  - services of one or more Holiday Guides, Instructors and/or Representatives.
- The following items are NOT including in Your Holiday:
  - flights (unless otherwise stated in the itinerary);
  - return flights to the Holiday destinations;
  - all other costs incurred before You board transport at the meeting point and after You return to the departure point;
  - travel insurance or any other insurance personal to You;
  - passport and visa costs;
  - vaccinations and medication, before, during and after the Holiday;
  - food and drink over and above what We include in the Holiday;
  - gratuities You choose to give, in addition to any We give on Your behalf where We consider appropriate; and
  - optional activities, excursions or other tours that you may choose to book or pay for whilst you are on Holiday

Payment
- When You make Your booking, We shall ask You for a deposit of 25% of the total cost. Occasionally, a higher deposit is required but you will be advised about this at the time of booking Deposits are non-refundable, except as mentioned below, but in some cases may be transferable to another Apex Expeditions Ltd Holiday. The balance of the price must be paid at least six weeks before Your departure date. If the balance is not paid on time, We shall cancel Your travel arrangements and retain Your deposit.
- Any booking made less than six weeks prior to the departure date must be accompanied by full payment at the time of making the booking.
- We shall not change the price of Your booking once We have accepted Your booking.
- You may pay Us for Holiday Services (and for any deposit or other advance payment on account of that payment) using any of the following methods:
  - Credit/Debit Card; and
  - Bank Transfer.
- We may alter any of Our Rates without prior notice but if the Rate of any Service increases between the time when You make a booking and the date when the booked room accommodation or other Service is to be provided, any increase in the Rate will not apply to Your booking.
- Whether these Terms and Conditions require payment upon booking or at any other time, You must pay in full for any reservation booked and will not be entitled to any refund, except as stated in these Terms or under applicable law.
- Where You become entitled to any refund either under these Terms & Conditions or as a “consumer” under the Consumer Rights Act 2015 or other consumer protection legislation, We will make a refund to You as set out in Terms or as required by such legislation.
Special requests

Any special requests relating to Your travel arrangements must be sent to Us at the time of booking in writing. While We try to meet Your reasonable requests, We do not guarantee that they will be fulfilled. If We are able to confirm a special request, We will do so by confirmation in writing to You at least 6 weeks before Your departure date.

Minimum participants required for the Holiday
- As stated on Our website, a minimum number of participants are required in order for the Holiday to go ahead. Therefore, We have a right to cancel any Holiday for which there are insufficient reservations.
- In the event of any such cancellation, all deposits or other payments made specifically to Apex Expeditions Ltd will be refunded in full.
- We reserve the right to cancel any Holiday, for which there are not enough bookings, not less than four weeks prior to the departure date. In the event of Our cancellation, Your deposit (and any other payment You may have made to Us) will be refunded in full, or, if You prefer, transferred to an alternative Apex Expeditions Ltd Holiday.
- You agree that all these provisions are reasonable.
Changing Your booking
- We will always do Our best to help You with any change to Your booking. However, We give no guarantee that We shall succeed. If You require any change, You must tell Us by email or in writing. A change will be subject to an administration charge of £50 plus any costs We incur in making the change for You. Please note that costs are likely to be higher, the closer You are to the departure date. Most travel arrangements cannot be changed once a reservation has been made.
Transferring Your booking
- If You would like to transfer Your booking from one person to another, the following terms apply:
  - The transferee must satisfy any special conditions or qualifications applicable to the Holiday.
  - You must inform Us about Your intention to transfer Your booking to the transferee at least seven days before the departure date in writing or through email.
  - You and the transferee will accept that You and he/she will be jointly and severally liable for full payment of any outstanding sums due in respect of the booking as well as fees, charges or other costs arising from the transfer.
  - Our administration charge for a transfer made more than 20 days before departure is £ 100. For transfer made within 20 days before departure the administration charge is £200.
- Please note that some airlines may treat Your transfer as a cancellation and re-booking, effectively making Your requirement impossible. If this happens We will try to find an alternative flight but this may cost more than the original flight.
- We will not refund or compensate You if changes made to Your booking, or re-booking, leave You paying for parts of the Holiday Service which You do not use.
Cancellation by You

We strongly recommend that You take out insurance which covers the cost of cancellation.

If You or a member of Your party needs to cancel Your booking, You must tell Us by email or in writing. We will not accept a cancellation by telephone alone. Cancellation incurs costs for Us. Costs vary considerably and are not always precisely identifiable. We, therefore, charge a rounded cancellation fee as follows:

Timescale:	Amount Charged:
more than 60 days before departure:	Loss of Deposit
between 59 and 42 days before departure:	30% or loss of Deposit or higher
between 41 and 28 days before departure: between 27 and 14 days before departure:	60% of booking cost 90% of booking cost
13 days or fewer before departure:	No refund

If You or a member of Your party cancels Your booking due to an uncontrollable event affecting the Holiday then We shall not charge any cancellation fee as set out in last previous paragraph. Other terms set out in this paragraph shall apply as is.
In any circumstances giving rise to cancellation, We will consider allowing You to transfer the money You have paid, to some other Apex Expeditions Ltd Holiday You choose. But whether We do so is in Our discretion, for which We do not have to give a reason.
In any of the above circumstances, We will return any money due to You within 14 days.

If We cancel Your Holiday or make changes
- Because We make travel arrangements far in advance, We sometimes have to change an arrangement and occasionally even cancel a Holiday. If that happens the following terms apply:
  - We will always inform You as soon as possible about any change. If that happens You may:
  - accept the change; or
  - accept Our offer of alternative travel arrangements of a comparable standard; or
  - cancel Your booking, whereupon We will give You a full refund of all money paid.
- We will not compensate You for minor changes outside Our control. Examples are changes to flight times, aircraft type or different carriers.
- Provided Your final payment has been made We will cancel Your travel arrangement only in circumstances where We have no choice but to do so.
- Your point of contact during the Holiday will be set out in your itinerary or notified to you before your Holiday takes place.
All of our tours rely on minimum numbers. we hold the right to cancel or postpone the tour if numbers are not reached.
Passport and Visa

It is extremely important that you obtain and carefully check travel and immigration documents required for each country you visit. You alone are responsible for obtaining required travel documents for your party. We do not accept responsibility for any delay or problem which may occur in this connection. If we have local representation at the time of any such problem, we will assist you as far as reasonably possible to resolve it. However, for the benefit of other people on that holiday, it will not be possible to delay or change travel arrangements or events which will affect others in the tour group.

Problems on your Holiday
- If You have a problem during Your Holiday it is most important that You immediately inform the relevant provider as well as Our representative. If You complain only after You have returned home, We shall not be able to investigate the problem – for Your benefit and ours. If that happens, You may lose Your right to compensation.
- If You feel Our representative has not resolved to Your problem please write to Us at info@apexexpeds.com within 14 days of Your return giving Us full details of Your Holiday and concise details of the complaint and any subsequent history.
Insurance and optional activities
- We hold travel insurance with accredited insurance providers.
- We do not provide insurance for day trips or bookings for accommodation only.
- You must have travel insurance when you travel with 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.
- Optional activities, excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us. For any optional activity, excursion, or other tour that you book, your contract will be with the operator of the activity, excursion or tour and not with us. We are not responsible for the provision of the activity, excursion or tour or for anything that happens during the course of its provision by the operator.
Limitation of Our liability to You
- We want You to enjoy a great holiday experience with Apex Expeditions Ltd. We shall do Our best to make this experience special for You. Nonetheless, We must make clear the limitations in law.
- If We fail to provide the Holiday set out on Our website or in Our brochure and to which these terms apply, We will pay You appropriate compensation in accordance with these Terms and the law. We are not liable if any failure is due to:
  - Your own carelessness or negligence in any aspect of Your behaviour whilst on Holiday;
  - medical emergencies;
  - laws, culture and standards of service and behaviour in any country We may visit;
  - changes We reasonably make to an itinerary or to accommodation or any other aspect of the management of Your booking;
  - some third party unconnected with the provision of travel arrangements where We could not reasonably have foreseen or avoided those circumstances;
  - any other unusual and unforeseeable circumstances beyond Our control;
  - a specific event or series of events which We or Our contractors or providers could not reasonably have foreseen or prevented.
- We and You are subject to international conventions, when they apply. This may limit the amount of a claim You may make, against Us or anyone else.
- The services and features included in Your booking are those specified in Our website. If You choose to buy other goods or services during Your Holiday, those are not part of Our service, even if Our representative helps You to buy or arrange them. Accordingly, We are not liable to You for any happening in connection with that service or goods.
- It is a condition of this contract that You take out a policy of travel insurance for every trip outside the UK. You alone are wholly responsible for arranging Your insurance. The period of cover should start no later than the date You make Your booking with Us.
- We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable.
- Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
- Furthermore, if You are a Consumer, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:
  - the Consumer Rights Act 2015;
  - the Regulations;
  - the Consumer Protection Act 1987; or
  - any other consumer protection legislation;

as that legislation is amended from time to time.

Force Majeure: Unless otherwise stated in these Terms and Conditions, We will not be held responsible or pay compensation if Our legal obligations to You are affected by ‘unavoidable and extraordinary circumstances’, which are events or a situation beyond Our control the consequences of which could not have been avoided even if all reasonable measures had been taken to do so. Some examples of this include war and acts of terrorism, civil commotion, labour disputes, interference from authorities, political unrest, important health risks such as outbreak of serious disease, or natural disasters such as floods, earthquakes or weather conditions that would make it dangerous to stay at or travel to the destination. This also includes the actions of any local or national government or authorities in relation to port/river control, industrial strikes, nuclear disasters, natural disasters, fire hazards, chemical/biological disasters, unavoidable technology failure in travelling and similar problems outside Our or our involved suppliers’ control.
For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.

Changes to Terms and Conditions

We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.

How We Use Your Personal Information (Data Protection)

We will only use Your personal information as set out in Our Privacy Policy as set out in Schedule 1.

Regulations

We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We accept Your request to make a booking) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You before We accept Your request to make a booking. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.

Information

As required by the Regulations:

all of the information described in Clause 13; and
any other information which We give to You about any Holiday Services which You take into account when deciding to make a booking or when making any other decision about the Holiday Services;

will be part of the terms of Our contract with You as a Consumer.

Complaints

We always welcome feedback from Our guests and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about Our Holiday Services or any other complaint about Us or any of Our staff, please raise the matter with both the relevant supplier and 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 by our representative. You can also contact us at info@apexexpeds.com.

No Waiver

No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.

Severance

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

Law and Jurisdiction
- These Terms and Conditions, the Contract, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
- As a consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in Sub-Clause 21 above takes away or reduces Your rights as a consumer to rely on those provisions.
- Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, the Contract, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.

Schedule 1: Privacy notice

The following information constitutes Our privacy notice.

In this Schedule, “We”, “Our”, or “Us” refers to Apex Expeditions Ltd and “you”, “your” refers to the lead-named person on the booking details all persons on whose behalf a booking is made.

You can contact Us by e-mail about privacy at info@apexexpeds.com.

Introduction

This is a notice to inform you of Our policy about all information that We record about you. It sets out the conditions under which We may process any information that We collect from you, or that you provide to Us.
We take seriously the protection of your privacy and confidentiality. We understand that you are entitled to know that your personal data will not be used for any purpose unintended by you, and will not accidentally fall into the hands of a third party.
We undertake to preserve the confidentiality of all information you provide to Us, and hope that you reciprocate.
Except as set out below, We do not use, share or disclose to a third party, any information collected under this contract or otherwise.
Definitions

In this Schedule, the following words shall have the following meanings:

“Act”	means the Data Protection Act 2018.
“Data Protection Legislation”	means all or any of: (a) the GDPR, (b) the applied GDPR, (c) the Act, (d) regulations made under the Act (e) regulations made under section 2(2) of the European Communities Act 1972 which relate to the GDPR or the Law Enforcement Directive.
“the GDPR”	means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation).
“the applied GDPR”	means the GDPR as applied by Chapter 3 of Part 2 of the Act.
“Law Enforcement Directive”	means Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA.

“data controller”, “data processor”, “data subjects”, “personal data”, “process”, “processed” and “processing” shall have the meanings respectively, as defined in the Act. Note that “process” and “processing” are defined to include simple events like receiving data into Our system, or storing it. Processing is not limited to “doing something with it”.

In this agreement, “personal data”, is limited to data which comes into Our hands in some way connected to the terms and conditions of your booking.

Data Protection
- The obligations described in this Schedule are in addition to Our obligations under the Data Protection Legislation.
- Under the Act, We are obliged to inform you what personal data We hold about you, or may hold at some future date. We must tell you how We propose to use that data and give you other information.

What data We may process in each category

We shall process this basic personal data:

your name, age, personal address, private email address.
telephone number
passport data
all other information you gave to Us.
all data which comes to the attention of any of Our representatives or other staff whom you may contact for any reason.
financial information processed through the banking system.
information supplied to Us by a third party.
information relevant to the performance of your contract.
technical information relating to electronic communication, which is personal information only when associated with the name or identity of the data subject.

The bases on which We process information about you
- The Data Protection Legislation requires Us to determine under which of six defined grounds We process different categories of your personal information, and to notify you of the basis for each category. We mention three categories below. The others are not relevant to your contract.
- If a basis on which We process your personal information is no longer relevant then We shall immediately stop processing your data.
- If the basis changes then if required by law We shall notify you of the change and of any new basis under which We have determined that We can continue to process your information.
- Information We process because We have a contractual obligation with you
- When a contract is formed between you and Us, in order to carry out Our obligations under that contract We must process personal information.
- We use your information in order to provide you with Our services under that contract.
- We process this information on the basis there is a contract between Us, or that you have requested We use the information before We enter into a legal contract.
- We shall continue to process this information until the contract between Us ends or is terminated by either party under the terms of the contract.
- Information We process with your consent
- Only when you have given Us explicit permission to do so, do We process your personal information under the basis of consent.
- We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.
- You may withdraw your consent at any time by telling Us. However, if you do so, you may not be able to use Our services further.
- Information We process because We have a legal obligation
- Sometimes, We must process your information in order to comply with a statutory obligation.
- For example, We may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.
- This may include your personal information.

Specific uses of information you provide to Us

Booking and pre-booking enquiries

We use your personal information to arrange, process and confirm your booking and to answer any pre-booking enquiry you may have. While making your travel arrangements We will need to disclose personal data to the suppliers of the services which are part of your booking.

Communicating with you

When you contact Us, whether by telephone or by e-mail, We collect the data you have given to Us in order to reply with the information you need.
We record your request and Our reply in order to increase the efficiency of Our business.
We keep personally identifiable information associated with your message, such as your name and email address so as to be able to track Our communications with you at a later time.

Dealing with complaints

When We receive a complaint, We record all the information you have given to Us.
We use that information to resolve your complaint.
If your complaint reasonably requires Us to contact some other person, We may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for Our sole discretion as to whether We do give information, and if We do, what that information is.
If We think your complaint is vexatious or without any basis, We shall not correspond with you about it.
We may compile statistics from information relating to complaints to assess the level of service We provide, but not in a way that could identify you or any other person.

Management of your information

Access to your personal information

At any time you may review or update personally identifiable information that We hold about you.
To obtain a copy of the information We hold about you, please contact Us AT info@apexexpeds.com.
After receiving the request, We will tell you when We expect to provide you with the information, and whether We require any fee for providing it to you.

Removal of information
If you wish Us to remove personally identifiable information from Our record, you should contact Us at info@apexexpeds.com.
If you do so We have no alternative than to treat your request as notice to terminate this contract. If that happens, termination will accord with the provisions in this contract.
All provisions in this contract relating to termination, express and implied, will follow.

Verification of your identity

When We receive any request to access, edit or delete personal identifiable information We shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.

Post termination
- Physical goods of yours, which We necessarily hold as part of Our contractual relationship are not personal data and are not affected by the Act.
- Upon termination of Our agreement with you, We and any contractual data processor will:
  - delete all your personal data from Our electronic records by some method which prevents future re-activation of that data.
- We shall not destroy or delete all your data and retain such personal data for six years, for these reasons:
  - for accounting and taxation purposes;
  - to provide evidence if required in connection with a legal claim;
  - for any other reason where the law provides a six years limitation period;
- If any event occurs which requires Us lawfully to continue to retain data beyond that period, then We may do so.