Terms & ConditionsAs a tour operator we are required to have terms and conditions, these protect us as well as you, therefore please read these carefully. If we didn't have them we wouldn't be acting professionally, so it's important and beneficial. It should give you confidence in our professionalism and also your protection.
The following terms and conditions apply to your booking; please read them thoroughly, but in particular you should be aware of: (1) cancellation charges apply, so only book for definite attendees and (2) you've got your own responsibilities in keeping sober at the right times (eg no alcohol before activities), arriving and departing on time and behaving properly (ie you do not have the right to abuse or mistreat the hospitality – otherwise you leave us with no choice other than cancelling the programmes automatically). Other than that they are as you might expect but do please have a read through.
For anything you book with “Elevated Escapes", you agree to these terms and conditions.
"Elevated Escapes" - means a division of Elevated Escapes (of any address Elevated Escapes may reside) incorporating Elevated Escapes hereinafter referred to as "Elevated Escapes" or “we” or “our” or “us”,
"Client" – means the person that has signed the booking form on behalf of the booking party who in the case of the Client Area may also be referred to as “Organiser” or “you”. References to and the obligations of the Client apply to all group members / guests of the booking party;
"Contract" – means the agreed program as detailed in the Booking Confirmation and incorporating these Terms and Conditions.
"Booking Confirmation" – means the confirmation receipt provided by us to the Client on making a booking with us by paying the appropriate non-refundable deposit;
"Booking Party" - means only those persons included on the signed Client booking form and received at the time of booking, including the "Client";
"Supplier" – means the recognised contracted party used to fulfil an activity, venue or service of the Program;
"Agenda" – means a list of suggested activities, accommodation and or other associated services, together with relevant pricing details;
"Program" – means the selected activities and or entertainment and or accommodation and or transport services and or guide services as detailed in the Agenda that are included by the Client in the booking and subsequently reconfirmed in the "Booking Confirmation" provided by Elevated Escapes; Elevated Escapes reserves the right, at any time before a Contract is accepted or deemed to be accepted by the Client, to withdraw or change these conditions. The conditions herein are accepted by the Client to the exclusion of any previous terms and conditions, written or otherwise.
In respect of any timely alterations to the above please check when booking that the guidance above details the latest terms & conditions. We want you to be safe, informed, prepared and aware of your responsibilities when it comes to group travel - if anything is unclear or you would like to talk through the above please contact us.
1. MAKING A BOOKING
(i). Upon request Elevated Escapes will supply to the Client an Agenda in order to make selections for their preferred Program.
(ii). The Client must pay a non-refundable deposit to confirm their commitment to pay for the intended Program.
(iii). The Contract is made when Elevated Escapes confirms the Booking Confirmation with details of the agreed Program and when the deposit receipt is issued.
(iv). The Client must check carefully to ensure that Booking Confirmation matches exactly with the details of the booking intended to be made by the Client.
(v) Please note also that a Booking Confirmation will be rejected and treated as cancelled if payment is not forthcoming as per agreed payment schedule, see clause 3 Payment below.
(i). The price of the Program is as detailed in the Booking Confirmation. Elevated Escapes reserves the right to change the price of the Program at any time prior to the issuing of the Booking Confirmation.
(ii). The Client accepts that pricing and availability may expire over time.
(iii) All monies referred to are in Euros (€) and inclusive of any taxes or additional charges unless otherwise stated.
(iv). Holiday and or personal insurance is not included in the price of the Program unless otherwise stated.
(v). Flights are not included in the price of the Program unless otherwise stated.
(vi) Unless otherwise stated on the Agenda the payment does not include the cost of drinks, food, admission, parking charges, concierge or porterage charges, fees, corkage charges, contributions and / or any other items that are not directly referred to on the Booking Confirmation.
(vii). Suppliers of the services and activities of the Program may require the Client or members of the Booking Party to leave a credit card imprint and / or details on checking in, or alternatively to provide a breakage/damage/security/behaviour deposit. These amounts are refunded locally if there is no damage, breakage or misbehaviour or justifiable reason to retain deposit. The Client accepts that Elevated Escapes is not onsite at the time of booking and therefore not witness to any deposit disputes. Any disputes must be addressed locally between the Client and the Supplier and accordingly Elevated Escapes accepts no responsibility for any refund or dispute. If requested we will investigate the matter in accordance with our complaints procedure stated in clause 12 as appropriate however we will not accept financial liability for any loss or any associated expenses thereof.
(viii). Credit card payments to Elevated Escapes will carry a surcharge of 2%, debit card payments carry no charge unless paying by instalments (see 3 (vi) below) where a 50 cent charge will be applied per transaction.
(i). The price of the Program and the basis on which it is calculated is contained in the Booking Confirmation.
(ii). The Client accepts responsibility for paying for all members of the Booking Party.
(iii). The Deposit (which is non-transferable and non-refundable unless otherwise agreed in writing) as detailed in the Booking Confirmation is payable on booking, the Program remains unconfirmed until the appropriate deposit is received in full; the remaining balance payment is payable within a minimum of 6 weeks prior to the commencement of the Program or by such date as is specified in the Booking Confirmation.
(iv). Elevated Escapes usually requires the full balance payment for any flight inclusive package a minimum of 12 weeks prior to the departure date, but flight inclusive packages with certain airline carriers will require the full payment on booking.
(v) In the case of bookings made less than 6 weeks prior to the commencement of the Program the total amount is payable upon booking.
(vi) If the Client opts to make payments by instalments (to the extent that payment by instalment is permitted), all instalment payments are non-refundable and non-transferable regardless of any circumstances be it medical or otherwise. It is the Client’s responsibility to ensure that all party members are aware of this condition. See also 5 (iii) below.
(vii). Failure to make payment on the due dates will entitle Elevated Escapes to cancel the Contract without penalty and to treat such failure as a cancellation by the Client, in which case cancellation charges will apply from the date the payment became due.
(viii). Elevated Escapes reserves the right not to provide the Program or any part thereof until it has received sufficient funds from the Client. Elevated Escapes will not be liable for any matters arising out of delay in payment by the Client.
4. ALTERATIONS OR CHANGES TO THE PROGRAM BY ELEVATED ESCAPES
(i). The Program is based on current schedules and service details and consequently may require minor changes to be made. Wherever possible Elevated Escapes will endeavour to notify the Client of any such changes before commencement of the Program. A minor change will be deemed to be any change which, taking into account the information given by the Client to Elevated Escapes at the time of booking, Elevated Escapes or Supplier could not reasonably expect to have a significant effect on the confirmed Program. In the event of minor changes no compensation is payable by us nor do such changes entitle the Client to cancel the Program or request an alternative Program.
(ii). In the event that there are significant changes to or cancellation of the Program prior to the commencement date of the Program, Elevated Escapes will as soon as is reasonably practical endeavour to notify the Client. In these circumstances the Client may accept the change and if applicable a refund of the difference in price between the price of the Program purchased and that of the substitute Program offered by Elevated Escapes. In the case where the changed Program is inferior to the one booked, the Client may cancel the Program and receive a full refund (which will be in full and final settlement of all claims including loss of enjoyment). Elevated Escapes where possible will endeavour to offer an alternative Program from the range of available services offered by Elevated Escapes.
(iii). Significant changes to the Program will include the following:
• A change of accommodation to that of a significantly lower standard for the whole or a major part of the Program
• The cancellation of a significant activity or service forming part of the Program
• A substantial change to the price contained in the Booking Confirmation.
(iv). In the event of changes to the Program after it has been agreed, Elevated Escapes will provide the Client with an alternative of the same or higher standard in the same or a similar area. The Client will have no right to cancel the Program if Elevated Escapes have offered the Client a suitable alternative.
(v). In the event of loss or damage suffered by the booking party or changes to or cancellation of the whole or part of the Program due to reasons of unusual or unforeseeable circumstances and events beyond Elevated Escapes' or the Suppliers' control, compensation will NOT be payable. By way of example because of safety risks, adverse weather conditions, war, riots, civil strife or terrorist activity, industrial disputes, utility blackouts, cyber warfare, natural or nuclear disasters, fire, flood, shortage of water, epidemics, health scares, medical emergency or necessity, unavoidable and or technical problems with transport or equipment, airport closures, and similar events beyond our control.
(vi). No compensation is payable if the Program is cancelled in whole or part due to an insufficient number of people required to make available the activity or service forming part of the Program. For the avoidance of doubt unless otherwise agreed in writing the minimum number required will be the same as per the Client's Booking Confirmation.
(vii). Cancellation or changes may be made at any time when safety conditions are, in Elevated Escapes' or its Suppliers' discretion, compromised. If cancellations occur in such circumstances Elevated Escapes or its Suppliers will endeavour to make every effort to reschedule in line with Client requirements.
5. ALTERATIONS OR CHANGES MADE BY THE CLIENT
(i). If the Client wishes to make any alteration to the Program or wishes to cancel the Program, the Client must notify Elevated Escapes in writing as soon as is reasonably practical.
(ii). The cancellation charges set below will apply if the Program is cancelled by the Client but cancellation will only be effective from the date that written notification of cancellation is received by Elevated Escapes.
(iii). Cancellation charges will apply on the Client as below: Number of days prior to commencement of the Program
Amount Payable in Euros (€) More than 42 days Deposit only 42 to 35 days 50% of the total price paid for the Program Less than 35 days 100% of the total price paid for the Program
However if the Client has opted to make payments by instalments (to the extent that payment by instalment is permitted), all instalment payments which have already been made are non-refundable and non-transferable regardless of any circumstances, be it medical or otherwise. It is the Client’s responsibility to ensure that all party members are aware of this condition.
(iv). Variations in cancellation charges may apply in non-standard / exceptional circumstances for example with bookings that include the pre-purchase of tickets, specialist personnel, venues and accommodation including self-catering. The Client will be advised of any variations in standard cancellation terms at the time of booking.
(v). We strongly recommend that Clients provide accurate details and insure against cancellation where possible.
(vi). Prior to when cancellation terms will be applied (ie more than 42 days in advance) if the Client wants to change the Program or the numbers or members of the Booking Party after the Booking Confirmation has been issued, then in each separate instance there is an administration fee of €10.00 payable per guest together with any additional charges or costs imposed by Elevated Escapes or its Suppliers. In the event of certain major changes to the Program or the numbers of the Booking Party or the dates of the planned Program, this request from the Client will be treated as a cancellation of the initial booking and the booking of a new Program, this includes reducing the booking from the original Program to any of the additional policy options created for the Client. In such cases cancellation charges will be incurred. Elevated Escapes will advise the Client upon receiving request(s) to make amendments if this is the case.
(vii). If the Booking Party arrives at any part of the Program with an increased number of persons to those detailed on the booking form, Elevated Escapes' responsibility to the Booking Party and or the Program will no longer apply. In this instance Elevated Escapes and or its Suppliers also reserve the right to cancel or consider cancelled the Program in part or whole. If the Supplier continues with the Program independently, unless otherwise agreed in writing the Booking Party may also be immediately charged any additional costs / expenses at full premium rates with an additional €75 administration fee per guest, notwithstanding that Elevated Escapes' responsibility to the Booking Party will no longer apply. Failure to pay on the day will result in the Client making the full payment plus an additional of €100 administration charge plus any costs in recovering the payment charged per guest. If payment is not forthcoming within 7 days, the Client accepts Elevated Escapes, on behalf of its Suppliers, may charge outstanding monies against credit card details given at the time of booking. If outstanding payment cannot be taken for any reason, interest will be charged at a rate of 24.9% APR on any money owed and recovery through the small claims court will follow.
(viii). 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.
(ix). At Elevated Escapes' discretion a ‘Deposit Guarantee’ may be offered to the Organiser who made the booking and the Program, if the Organiser formally cancels the booking and programme in writing outside of the pre mentioned cancellation periods. Please note the offer of the guarantee must be made in writing by Elevated Escapes. In this instance the original deposit paid by the Client (excluding any additional or individual guest deposits) will be held open for 12 months (less any expenses e.g. processing costs) and may be used to book another Elevated Escapes weekend within that time period, subject to availability. Standard conditions will apply. The new booking must match at least the criteria of the original booking i.e. a full, 2 night weekend for 10+ guests. The company reserves the right to limit this guarantee. This 'Deposit Guarantee' would not apply to activity only programmes.
6. INTERNATIONAL TRAVEL, PASSPORT, VISA AND HEALTH FORMALITIES
(i). Information and guidance on health is contained in the Department of Health leaflet T7 EHIC Pack (European Health Insurance Card Pack) available from the local Department of Health office and most main Post Offices. For European Programs the Client and all members of the Booking Party are advised to obtain a European Health Insurance Card (EHIC, EHIC forms and pre-addressed envelope are available from most central Post Offices) prior to departure.
(ii). It is the responsibility of the Client to ensure that all the members of the Booking Party are in possession of necessary insurance, visas, travel and health documents / equipment / prescriptions (including inoculations and medicine if necessary) before departure. All costs incurred in obtaining such documentation and or applications must be paid by the Client.
(iii). It is the responsibility of the Client to ensure that the destination is appropriate for any member of the party with genuine health, disability or cultural concerns.
(iv). Elevated Escapes will not be held responsible in the event of the Client and or any member of the Booking Party contravening any laws including but not limited to international laws, entry requirements, customs, regulations and cultural etiquettes. We recommend that all visitors to foreign destinations familiarise themselves with protocol and culture in advance of their visit.
(v). If Elevated Escapes or its Suppliers suffer as a result of any member of the Booking Party failing to have the correct travel documents or observe appropriate protocol, the Client is liable to pay such fine and any additional costs therein associated.
(vi). Including any particular research of their own the Client is advised to check the information and contact details contained on the Groupia website under the heading "International Advice".
(vii). Elevated Escapes will not be liable in any capacity for the failure of the Client or any members of the Booking Party to prepare appropriately and suitably for international travel.
7. ELEVATED ESCAPES' RESPONSIBILITY
(i). Elevated Escapes will use all reasonable care in the selection and use of Suppliers of services and activities forming part of the agreed Program.
(ii). Elevated Escapes accepts responsibility for failing to provide any Program (or part of a Program) in accordance with the Booking Confirmation and provided always that, except in cases involving death, injury or illness, our liability shall be limited to 2 times the net cost of the element of the Program found to be deficient plus all reasonable local transport costs pertaining to that element of the Program only (which will be in full and final settlement of all claims including loss of enjoyment). In the case of any local transport costs claims all receipts will be required.
(iii) Our liability will also be limited in accordance with and/or in an identical manner to:
(a) the contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and
(b) any relevant international convention for example the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.
(iv). In the case of a confirmed Program to which the provisions of the Package Travel, Package Holidays, and Package Tour Regulations 1992 ("Package Regulations") do not apply Elevated Escapes will accept liability for personal injury claims arising as a direct result of the negligence of its direct contracted staff (providing they were acting in the course of their employment relative to the booked Program only).
(v). In cases where the Package Regulations apply to the confirmed Program, Elevated Escapes accepts liability for the proven negligence of its staff and Suppliers (whilst in the course of their employment or contract) in providing the services or activities that form part of the confirmed Program.
(vi). Elevated Escapes does not accept liability in the following circumstances:
• If the Client or any member of the Booking Party are at fault, which will include any losses or damage attributable to or resulting from a failure on the part of any Booking Party member to abide by these terms and conditions.
• Any failure by any Booking Party member to observe safety instructions and Program guidelines.
• Any failure by any Booking Party member to observe schedules and advised timekeeping.
• If any failure which is the fault of someone else not connected with providing services, which make up the agreed Program.
• Any change in the Program as instructed directly to any Suppliers or Services by the Client post confirmation without Elevated Escapes written acknowledgement of change, including change in numbers, format or details of the Booking Party.
• Any unusual or unexpected circumstances beyond the control of Elevated Escapes or its Suppliers even if they had used all due care, however could not foresee or forestall.
• Any event, which Elevated Escapes or its Suppliers even with all due care, however could not foresee or forestall.
• Any instance of inappropriate behaviour on the part of the Client or any member of the Booking Party including but not limited to legal transgression, insobriety, violent conduct, causing loss and damage to property recklessness, deliberate intent, the breaking of rules and regulations and rudeness.
(vii). Any travel, activities, accommodation and other services are carried out subject to the Supplier's conditions of carriage, supply or contract which will be notified to the Client if they depart significantly from standard industry practice or upon the Client's request. If Elevated Escapes or any Supplier can exclude or limit liability under any international convention or foreign law Elevated Escapes and or its Suppliers will rely on that exclusion or limitation.
(viii). Where the cause of loss, damage or injury is due to Elevated Escapes' Suppliers, sub-contractors, servants and/or agents, Groupia's acceptance of liability is subject to assignment to it of the claimant's rights against the former and to the claimants co-operating with Elevated Escapes in any legal action it may take to enforce any right of subrogation or by way of any third party proceedings.
(ix). Sharing of limit - should Elevated Escapes agree in writing to admit liability to more than one party, the limit on our liability will be shared between them and it is up to those parties how they share it.
(x). Proportionality - if we are liable to you under the Contract and another person or party would be liable to you in respect of the same loss (save for your contractual arrangements with them), then:
(1) the compensation payable by us to you in respect of that loss will be reduced ;
(2) the reduction will take into account the extent of the responsibility of that other person / party for the loss; and
(3) in determining the extent of the responsibility of that person for the loss, no account will be taken of:
(a) any limit or exclusion placed on the amount that person / party will pay
(b) any shortfall in recovery from that person / party (for whatever reason).
(xi). Elevated Escapes will offer such help as is reasonable in the circumstances to the Booking Party if any member suffers difficulties whilst participating in the Program.
8. CLIENT RESPONSIBILITIES (WHICH APPLY TO INCLUDE ALL CONFIRMED MEMBERS OF THE BOOKING PARTY)
(i). To ensure that all terms and conditions are clear and members of the Booking Party are informed about these terms and conditions and the Booking Confirmation/Program details.
(ii). To be responsible for the group and the accuracy of information supplied. Where you consist of more than one party an act or omission of one party will be regarded as an act or omission of all.
(iii). The Client must give prior notification to Elevated Escapes in writing of any special requests (for example, special facilities for disabled people, dietary requirements, allergies, medical conditions) which it or any of the Booking Party have so that Elevated Escapes is able to make arrangements, as far as reasonably possible, to cater for them.
(iv). Some of the activities provided by Elevated Escapes as part of Program require an element of physical activity on the part of the Booking Party. The Client will ensure that all members of the Booking Party are over 18 years of age, physically able to take part in the Program, suffer no disabilities or health conditions that may impair, restrict or endanger their involvement or that of other members of the Booking Party's involvement in the Program. If the Client has any doubts or concerns regarding any member of the Booking Party's participation in the Program these issues must be raised in writing at the time of booking, (for example age, pregnancy, asthma, high blood pressure, heart conditions, vertigo). Elevated Escapes will not hold itself liable in such situations.
(v). To review and recommend the necessary provision of travel and health insurances to all members of the Booking Party. It is important to note that certain activities contained within the Program may be excluded from the terms of certain travel, medical and life insurances. It is therefore the responsibility of the Client to communicate and ensure that adequate insurance cover is provided for the Booking Party (individually or collectively) to cover likely eventualities whilst partaking in the Program. Elevated Escapes will not be held liable in any travel and health insurance claims by Clients.
(vi). To agree and progress with all payment timetables as set out above and in the Booking Confirmation.
(vii). To ensure that all members of the Booking Party comply with all activity/element timetables of the Program. Failure to keep to the timetables may result in either discontinuation of the event/activity or cancellation of the Program; in either event Elevated Escapes will not be liable for any refund, compensation or any other costs that may be incurred.
(viii). To ensure that all members of the Booking Party act at all times in a safe, responsible and courteous manner; comply with all safety procedures (for the avoidance of doubt this includes an appropriate level of sobriety); listen and be present at all safety and information briefings relevant to the Program's activities; make supervisors, representatives or any person in authority immediately aware of any personnel, equipment or site deficiencies or concerns; dress and/or equip themselves suitably for any event or activity as advised by Elevated Escapes and or its Suppliers (failing which as is deemed appropriate or suitable in the circumstances), and observe and obey all laws, guidance, advisements, requests (including the signing of any disclaimer) and conditions of use of any Supplier, including accommodation and entertainment venues.
(ix). Following the supply of Client contact details, including e-mail, VIP area access and postal address, Elevated Escapes' e-mails and outbound communications will be deemed to be received and Elevated Escapes cannot be held responsible for the failure of the Client to check / read / communicate their received information.
(x). Your obligations - the Program’s performance depends on you performing your obligations under the Contract. Elevated Escapes are not liable for any loss arising from you not fulfilling your obligations.
(i). Elevated Escapes by itself or its Suppliers reserve the right to cancel or end the Program with immediate effect at any stage, with no liability of reimbursement, if the behaviour of the Booking Party or that of any person associated with the Booking Party is likely in the opinion of Elevated Escapes or its Suppliers to cause distress, loss and damage to property, danger to or to annoy, and or offend other Clients, customers, guests or other members of the Booking Party, employees, general public, property or anyone else.
(ii). Rude and aggressive behavior towards any Elevated Escapes employee or Supplier will not be tolerated and may result in package cancellation.
(iii) If the Booking Party is found to be behaving in a way that results in affecting the standard performance and or presentation of Elevated Escapes' Suppliers and enjoyment / experience of other Clients, guests, groups the Booking Party will be required to leave the premises with immediate effect - if this is the case the Program will be immediately terminated and the Client will immediately forfeit all costs and any right to compensation, whether or not the Program has been completed, and will be liable for any compensation sought by Elevated Escapes and or its Suppliers.
(iv). If the Booking Party is prevented from travelling because any person in authority reasonably believes any member of the Booking Party appears to be unfit to travel or likely to cause discomfort to or disturb other Clients, Elevated Escapes will not be liable to complete the Program arrangements, and will not be liable for any refund, compensation or any other costs incurred by the Booking Party.
(v). Elevated Escapes cannot accept liability for the behaviour of others in your accommodation / venues and /or taking part in any activity and /or event, associated and or in the same environment forming part of the Program, or if any facilities or services are removed as a result of their action.
(vi). The Client on behalf of the group accepts that in most instances members of the Booking Party will be required to sign agreement forms and or provide an additional services, loss and damage to property and or behaviour deposit/bond/guarantee. Any costs (including damage) that remain unsettled after Booking Party departure will automatically be charged against the deposit/bond/guarantee. In the case of insufficient deposit/bond/guarantee the Client will be pursued for recovery of the full amount and any expenses incurred, including time and administration, in pursuing recovery. In the instances of any damage or payment obligations Elevated Escapes will forward all Client details to any relevant Supplier for direct contact. As noted above, the Client accepts that the Elevated Escapes is not onsite at the time of booking and therefore not witness to any deposit disputes. Any disputes must be addressed locally between the Client and the Supplier directly. If requested we will investigate the matter in accordance with our complaints procedure stated in clause 12 as appropriate however we will not accept any financial liability for any loss or any associated expenses thereof.
(vii). Failure of the Booking Party to quickly and fully settle outstanding expenses may result in criminal charges being brought against the Booking Party by the Supplier and or Elevated Escapes, and or any external organisation for the purpose of pursuing these damages.
(viii). If the Booking Party behave in such a way resulting in a Supplier's relationship with Elevated Escapes being terminated, Clients will be pursued for compensation by Elevated Escapes for a minimum of €3000 per Supplier.
10. INSURANCE & DISCLAIMERS
(i). Elevated Escapes considers it essential that all members of the Booking Party have adequate insurance. Please note that it is the Client's express responsibility to ensure that cover matches the Booking Party's requirements. On the Client's acceptance and confirmation of their Program, Elevated Escapes are entitled to assume that the Client is fully aware of their responsibility and their insurance policy (and those of the Booking Party) fully, adequately and appropriately covers all the activities, accommodation, travel, services and events within and associated to the Program. The Client should provide details (insurer and policy number) on the Booking Form. In the event that the Client fails to provide the details of insurance Elevated Escapes are entitled to assume that the Client is comfortable with their responsibilities, aware of the implications of insurance cover and fully satisfied with their own arrangements.
(ii). Due to the nature of extreme activities, variable international protocol and standards, occasionally members of the Booking Party may be required to acknowledge and agree to local disclaimers (which may include health disclosures) prior to proceeding with elements of their Program, these disclaimers serve to highlight the risks associated with the activity in question; on acknowledgement of the disclaimer members of the Booking Party will consciously proceed fully aware of the safety, security, comfort and insurance implications of that activity. Members of the Booking Party will be responsible for appreciating whether or not their personal insurance cover is appropriate.
(iii). Given an onsite review of any previously unseen disclaimer (and thereafter relative consideration of the activity, environment, premises, personnel, safety, etc), if any member of the Booking Party elects not to proceed Elevated Escapes will reimburse that member to the value of the individual net cost expense of that element of the Program, provided the member obtains written confirmation of non-procedure from the Supplier which must be forwarded in writing to Elevated Escapes within 14 days of receipt of the written confirmation from the Supplier.
(iv). Whilst Elevated Escapes will endeavour to provide as much advance information as reasonably possible, Elevated Escapes will defer to the protection of any disclaimers. Should any assistance be required post disclaimer, Elevated Escapes will endeavour to assist in support solutions, the level of support may be limited to the local services and levels of compensation will be relative to the local delivery of the Program.
(i). If there are any complaints about the Program these must be communicated immediately to Elevated Escapes or its Suppliers (eg your hotelier) who will endeavour to put things right to avoid it from ruining any part of the Program. It is strongly recommended that you communicate any complaint directly to the Supplier of the services as well as to our representative, in the case of Elevated Escapes by telephone, without delay and complete a report form whilst in the resort / on location. Please be aware if you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were at the resort / on location and this may affect your rights under this contract. For the absence of doubt any failure to so report such complaints immediately is likely to be deemed to be a failure on the part of the Booking Party to mitigate its losses and Elevated Escapes will not consider itself liable for those complaints.
(ii). If the matter is still not resolved after completion of the Program then the Organiser must write to Elevated Escapes within 28 days of completion of the Program giving full details, including submission of a written report / assessment specifying any perceived failure at the place where the Program is supplied and any accompanying documentary evidence by writing to our Customer Services Department giving your booking reference and all other relevant information as is required. Please keep your letter concise and to the point. Client accepts a 28 day period for satisfactory negotiation of any disputes prior to proceeding with and or advising any external representation.
(iii). For the purposes of (ii) above, all communication relating to any complaint must be dealt with by the Booking Party through the Organiser. No other party has authority to deal with any complaints or matter relating to the booking other than the Organiser, and all communications by Elevated Escapes relating to that complaint that be communicated solely to the Organiser.
(iv). Mediation - if a dispute arises the parties will attempt to resolve it by discussion, negotiation and mediation prior to commencing legal proceedings.
(v). We would respectfully request any written communications to be sent by recorded post.
(i). The Client recognises that Elevated Escapes is an independent contractor and not the servant or agent of the Client.
(ii). Oral advice & draft deliverables - you may only rely on our final written deliverables and not on oral advice or draft deliverables. If you wish to rely on something we have said to you, please let us know so that we can prepare a written deliverable on which you can rely.
(iii). If any of these terms or conditions are unenforceable for any reason, but would be enforceable if some of its wording were deleted or amended, it shall apply with such deletions or amendments as are necessary to make it enforceable.
(iv). No amendment or variation to the contract or conditions shall be effective unless in writing and signed by or on behalf of both parties.
(v). No claims against individuals - should you have cause to, unless otherwise agreed in writing you agree to bring any claim (including one in negligence) in connection with the Program only against Elevated Escapes and not against any individual within Elevated Escapes.
(vi). The Program and any contract between the Client and Elevated Escapes and any dispute arising from it, whether contractual or non contractual, will be construed and governed by Spanish law and be subject to the jurisdiction of the Spanish courts.
(vii). Entire agreement - The Contract forms the entire agreement between the parties in relation to the services. It supersedes any earlier contracts, agreements, representations or discussions in place. No party is liable to pay any other party (whether for negligence or otherwise) for a representation that is not in the agreement.
(viii). Rights of third parties - a person or representative who is not party to the agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 (as may be amended) to enforce any terms of the agreement.
13. ADDITIONAL SELF-CATERING TERMS
(i). Deposit / Payment is non-refundable and non-transferable in any circumstances, so please only book if you are absolutely sure.
(ii). The Client will be responsible for all damages / breakages and loss to property and these must be reported immediately and any associated bill must be paid immediately, onsite and directly to the Supplier.
(iii). If additional cleaning is required after vacating the premises the Client will be required to pay for that cleaning charge before leaving the premises directly to the Supplier. If the Client fails to pay, you will be charged a minimum of €10 for everyday the cleaning bill remains unpaid.
(iv). If the state of or damage to the property is to such an extent that the property cannot be let the Client will have to cover the cost of lost bookings. If necessary the Client will also have to cover the cost of alternate accommodation for guests that would have been staying in the property.
14. ONLINE CLIENT AREA TERMS AND CONDITIONS
(i). Organiser - Event Deposit - The option to pay a variable non-refundable event deposit is given to all Organisers in order to validate a booking with us, the event deposit amount (which serves as confirmation of the event) will be notified to the Organiser at the time of booking. The time limit in which you have to pay the full balance of your event is variable and will be notified to you at the time of booking.
(ii). Guests - Individual Deposits - In addition to the Organiser, guests and or additional group members are also given the option to pay a variable non-refundable deposit (eg €20 per person) to validate their own place on the event within 14 days of the initial event deposit.
(iii) If the Client and/or guests opt to make payments by instalments (to the extent that payment by instalment is permitted), all instalment payments are non-refundable and non-transferable regardless of any circumstances, including medical or otherwise. It is the Client’s responsibility to ensure that all party members are aware of this condition.
(iv). Guest Management - It is the Organiser’s responsibility to ensure that guests are aware of their payment requirements.
(v). Balance Payments - Please note balance payments for all guests / group members including the Organiser are required a minimum of 42* days in advance of the first date of their event and 84* days in advance of departure for a flight inclusive package. Failure to pay the outstanding balance will result in automatic cancellation of the guest's place and their deposit is forfeited. (*Variations may apply and will be advised in writing at the time of booking.)
(vi). Cancellations - Please note we reserve the right to cancel your event and retain your deposit if you fail to pay the full balance by the date notified to you at the time of booking.
(vii). Group Size Implications - Please note that should the group not meet the minimum group size required to run the event then it may be treated as cancelled. (So make sure you reach minimum numbers or if you are struggling cancel at least 35 days in advance).
(viii). Late Bookings (42 days or less) - In the case of late bookings, i.e. within 6 weeks / 42 days of the first date of the event full balance will be required for the whole event and no deposit arrangements will be applicable.
(ix). Late Bookings of flight inclusive package (84 days or less) - In the case of late bookings, i.e. within 12 weeks / 84 days of the check-in date of the event, payment of the full balance will be required, for the whole event at the time of and no deposit or instalment arrangements will be applicable.
(x). Card Charges & Validation - No charges apply for debit cards, unless payment is made in instalments where a 50 cent charge will be applied per transaction. Credit cards carry a 2% surcharge. Validation of the card payments is only recognised when the money is cleared into our account.
(xi). Customer Service - If any of the above is unclear or you wish to discuss further please do not hesitate to contact us.
15. STANDARD SPECIAL OFFER TERMS
In the absence of and unless otherwise stated the following terms automatically apply to all special offers - not valid with any other offer, one offer per group only, no cash alternative, full weekends only (min 2 nights, 1 activity), groups must remain above 12 guests, all offers subject to availability, offers cannot be applied retrospectively i.e. offers apply to future bookings only, offer applied post clearance of balance payment, standard terms apply. Elevated Escapes reserves the right to vary offer terms at any time.
Special offers & competition prizes exclude activities and packages within in the platinum section.