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Booking Conditions

TERMS AND CONDITIONS FOR RESEARCH ASSISTANT AND DISSERTATION EXPEDITIONS

The following conditions, together with our Privacy Policy and where your expedition is booked via our website, together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Operation Wallacea (“we”, “us”, “our”). Registered office at Wallace House, Old Bolingbroke, Lincolnshire PE23 4EX and company number 3884055. References to “you” and “your” include you acting as an expedition participant and attending an expedition.  

1)   MAKING A BOOKING

1.1 Booking on to the expedition

By making a booking you are agreeing that you are booked onto the expedition and that you have read these Terms and Conditions and have the authority to and do agree to be bound by them. You will be booked on to the expedition upon completion of the booking form.

If your confirmed expedition includes a flight, we will issue you with an ATOL Certificate upon receipt. If you believe that any details on the ATOL Certificate or booking confirmation or any other document are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies within 10 days of us sending the document(s) or confirmation.

2) YOUR EXPEDITION PRICE AND PAYMENTS

2.1 Expedition price

The price of the expedition is described in the brochure, on the website in the description of your chosen expedition, and is on the online and hard copy of the booking form. The price of the expedition does not include the cost of your travel to the site or other costs noted later in these terms and conditions. See sections 18 and 19 for further details.

2.2 Payments

A deposit of 10% per person must be paid on completion of the booking form. For the payment of the balance you may chose between two payment schedules detailed on the booking form:

1. Monthly instalments of an equal size, commencing on the 20^th of the month after your booking, with the final payment due on 20^th May; or
2. 10% of the expedition fee due 150 days prior to your start date, 20% of the expedition fee due 110 days prior to your start date, and then the remaining balance due 8 weeks before your start date.

If you are booking within 8 weeks of your intended departure date, then we require full payment.

Should we be unable to process your booking for any reason then your deposit will be returned to you.

There is an early-payment discount available if you pay either 50% or more of the total sum owed, or 100% of the total sum owed, prior to the 150 day prior to departure payment date. The discounts available are as follows:

For 2 week expeditions, $40 discount for greater than 50% payment or $80 discount for 100% payment
For 3 week expeditions, $57.50 discount for greater than 50% payment or $115 discount for 100% payment
For 4 week expeditions, $72.50 discount for greater than 50% payment or $145 discount for 100% payment
For 5 week expeditions, $85 discount for greater than 50% payment or $170 discount for 100% payment
For 6 week expeditions, $97.50 discount for greater than 50% payment or $195 discount for 100% payment
For 7 week expeditions, $110 discount for greater than 50% payment or $220 discount for 100% payment

2.3 Accuracy

We endeavour to ensure that all the information and prices on both our website and our brochure and your costing sheet are accurate, however changes and errors do occur and we reserve the right to correct prices and other details in such circumstances. Please check the current price and all other details relating to the expedition that you wish to book before you make the booking.

2.4 Surcharges

Whilst we reserve the right to amend prices upwards or downwards at any time, it is our policy to offer expeditions at a clear and firm price. We do however reserve the right to increase the price of confirmed bookings solely to allow for increases which are direct consequence of changes in:

• the price of carriage of passengers resulting from the cost of fuel or other power sources;
• the level of taxes or fees chargeable for services applicable to the expedition imposed by third parties not directly involved in the performance of the expedition, including tourist taxes, landing taxes or embarkation or disembarkation fees at airports;
• the exchange rates relevant to this expedition.

You will be charged for the amount of any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the price of the confirmed expedition (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting the price increase, accepting a change to another expedition if we are able to offer one (if this is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the date we inform you of the change.

Should the invoice of the expedition go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee of £10. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

There will be no change made to the price of your confirmed expedition within 20 days of the departure date nor will refunds be paid during this period.

2.5 Delayed payments

If payments are delayed beyond the due dates by more than 10 days, then Operation Wallacea reserve the right to cancel your expedition and the cancellation charges outlined below will become applicable

3) INSURANCE

It is a condition of booking that you have appropriate travel insurance for your trip. This should include cover for medical treatment and repatriation, cancellation, and for travel delay and disruption. You should send a copy of your insurance policy (including the emergency assistance number) to Operation Wallacea no later than 3 months prior to your trip.

4) IF YOU WISH TO TRANSFER, CHANGE OR CANCEL YOUR BOOKING

Clause 4 outlines the rights you have if you wish to transfer, change or cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Directive 2011/83/EU).

4.1 Transfers of bookings

If you are prevented from travelling, you may transfer your place to a replacement individual or the following year subject to the following conditions:

4.1.1 transfer of bookings to another individual

If you are transferring your booking to another individual, that person must:

1. satisfy all the conditions applicable to the expedition and;
2. agree to these Terms and Conditions and all other terms of the contract between us
3. not currently hold a booking with Operation Wallacea

Only one transfer to another named person is allowed per booking. You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 4.3 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for individuals not travelling or for unused services.

4.1.2       transfer of your booking to the following year

1. In the event that you make your decision to transfer after 1 January in the year of the expedition, you need to pay an additional 10% to secure the transfer.
2. In the event that you make your decision to transfer before 1 January in the year of the expedition, then no further payments beyond the 10% deposit are required.
3. no transfers are allowed after 1 April in the year of the original booked expedition unless in exceptional circumstances. See section 4.1.3
4. only one transfer to a future year per application is allowed and once that transfer is made then the cancellation charge is the total amount that you have paid to date up to a maximum of 40% of the expedition price, unless the cancellation was closer than 69 days before the expedition start date in which case the cancellation charges in 4.3 would apply.

4.1.3       transfer of a research assistant booking to the following year under exceptional circumstances

4. In the event that you require a transfer to the following year after 1 April in the year of the original booked expedition, you may do so in exceptional circumstances. If we turn the request to transfer down, our standard cancellation policies still apply as described under clause 4.3, though you can still opt to join the expedition.
5. Requests due to circumstances other than the above will be considered, but we reserve the right to turn them down.
6. If we turn the request to transfer down, our standard cancellation policies still apply as described under clause 4.3, though you can still opt to join the expedition.
7. If we accept the transfer request, we require that A) You have paid 40% of your expedition costs and B) You make an additional 20% payment prior to the 30th September in the year of your original booking. Normal paymenFt terms would apply after this date – ie, the remaining balance will be owed 8 weeks (56 days) prior to your expedition start date, per section 2.2

4.1.4       transfer of a dissertation booking to a research expedition booking the following year, but retaining a desk-based dissertation in the original booking year

1. In the event that you require a transfer to the following year and want to retain access to a desk-based dissertation in your original booked year, we will consider this request for any exceptional circumstances but reserve the right to turn it down.
2. If we turn the request to transfer down, our standard cancellation policies still apply as described under clause 4.3, though you can still opt to join the expedition or ask to transfer under clause 4.1.3 – ie, a transfer without having access to a desk-based dissertation.
3. If we accept the transfer request, we require that A) You’ve already paid 20% of the expedition fee of your exisiting booking B) You have paid 40% of a 6 week expedition fee by the 1st of May in the year of your original booking and C) You make an additional 20% payment towards that 6 week expedition fee prior to the 30th September in the year of your original booking. Normal payment terms would apply after this date – ie, the remaining balance will be owed 8 weeks (56 days) prior to your expedition start date, per section 2.2
4. You will receive the data and support required to allow you to complete a desk-based dissertation over the summer of your original booked year.
5. After you have paid the 30th September payment, you can opt to drop to a 4 week research assistant project. This will lower the final balance owed 56 days prior to your expedition start date.

4.2         If you want to change your booking

If you decide to move on to another project or expedition, you can do this free of charge, capacity allowing, until 1 April of the year of your expedition, barring for exceptional circumstances (as defined in 4.3) where you can change projects at any date prior to your departure. You will be asked to fill in a new booking form to confirm the change of project. If the project or expedition you want to move to is longer you will be invoiced for the difference in price. If it is shorter, your payment schedule will be adjusted to take the new total amount payable into account. If, following you confirming that you wish to change your booking, you should decide to cancel, cancellation charges will apply in line with your original booking rather than the new booking.

4.3 Exceptional Circumstances

4.3.1. Definition of Exceptional Circumstances

For the purposes of this clause, “exceptional circumstances” means warfare, acts of terrorism (or threat thereof), significant risks to human health such as the outbreak of serious disease (e.g. Covid-19) at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or its immediate vicinity. The impact of Covid-19 on your ability to travel may also constitute an exceptional circumstance – see section 4.3.2.

4.3.2 The impact of Covid-19 on your ability to travel

The adverse impact of Covid-19 on your ability to travel will be judged to constitute an exceptional circumstance in any of the following situations:

1. Where hotel quarantines are imposed in either your country of origin or your country of destination due to Covid-19, after 1 April of the year of your expedition
2. Where a change in law, brought about after 1 April in the year of your expedition, prohibits your travel due to Covid-19;
3. Where you are forced to self isolate due to contracting Covid-19 or due to a mandatory instruction from a government body following contact with someone who has tested positive for Covid-19. Note that proof in the form of a letter or notification from the relevant body will be required in this situation.

4.4 If you wish to cancel

If you wish to cancel and do not wish to transfer to a following year, or to transfer your booking to another named individual, you must let us know in writing or via email. The cancellation will take effect from the day that the confirmation is received. With the exception of cancellation due to permission issue at your university (see section 4.4), or cancellation following a transfer from a previous year (see section 4.1.2) a cancellation charge will be incurred, determined by the length of time remaining until your expedition start date, as set out in the table below. These charges will come into effect 30 days after booking. If you cancel within 30 days of booking, you will be charged the £75 handling fee.*

Period before departure	Cancellation charge
More than 185 days before departure	No further cancellation charges
185 days before the expedition start date to 150 days before expedition start date	Loss of 10% of expedition price
149 days before expedition start date to 100 days before expedition start date	Loss of 20% of expedition price
99 days before expedition start date to 70 days before expedition start date	Loss of 40% of expedition price
69 days before expedition start date to 42 days before expedition start date	Loss of 60% of expedition price
Less than 42 days before the expedition start date	Loss of 100% of expedition price

* this applies only to bookings taken before 1 March in the year of the expedition. Bookings taken after the 1 March in the year of expedition are subject to the cancellation charges as shown in the above table.

4.5 Cancellation due to lack of permission from your university (dissertation students)

If you are doing a dissertation/thesis topic then you are able to cancel up to 15 April in the year of your expedition with no loss of deposit, provided that documentary evidence can be produced that your university will not permit you to undertake the dissertation or thesis topic chosen.

5) IF OPERATION WALLACEA CANCELS OR CHANGES YOUR BOOKING

5.1 Expedition Itinerary

We reserve the right to amend certain aspects of your itinerary at any time in line with the overall objectives and context of the expedition. In the unlikely event of Operation Wallacea deeming travel to your particular destination unsafe for any reason, more than 3 months before departure, we will provide an alternative. Operation Wallacea would only deem travel to your destination unsafe less than 3 months prior to departure in the case of a Force Majeure (see section 6).

5.2 Travel elements before and after the expedition

Your travel with Operation Wallacea may involve using multiple suppliers. Our suppliers, who provide the travel elements of your package, may need to cancel or amend your reservation details. We will ensure that you are promptly notified of any significant changes, but cannot accept responsibility for costs associated with travel delays caused by third parties (such as flight delays or airline schedule changes) – these would be the subject of an insurance claim to your insurers.

If we or any of our suppliers make a minor change to your confirmed booking or the travel elements surrounding the expedition, we will make reasonable efforts to inform you as soon as possible if there is time before your departure but we will have no liability to you. Examples of minor changes include alteration of travel arrangements by less than 12 hours, changes to transport methods, change of accommodation to another of the same or higher standard and changes of carriers.

5.3 Significant changes and cancellation

Occasionally, we or our suppliers may have to make a significant change to your confirmed booking. Examples of significant changes include the following, when made before departure:

• A change of the accommodation to that of a significantly lower standard or classification for the whole or a significant part of the expedition.
• A change of outward departure time or overall length of the travel arrangements by more than 12 hours.
• A significant change to the itinerary, missing out one or more destinations entirely.

If we are alerted to a significant change before you leave your home country, we will contact you by email to advise you of this. Please ensure that you have given your contact email address to Operation Wallacea and that you regularly check for messages before you leave. Operation Wallacea has no control over airline schedule changes and accepts no liability for costs which may arise as a result of such changes. It is your responsibility to check with the airline that any flights you have confirmed are operating as booked. We strongly recommend that you contact your airline at least 72 hours before the scheduled departure of each flight to do this. Please note that for some airlines it is mandatory to confirm with them your intention to fly.

We will not cancel any expedition less than 3 months before the departure date, except for reasons set out in clause 6 or failure by you to pay the balance. We may cancel before this date if, e.g. the minimum number of participants required for the expedition is not reached.

If we do have to make a significant change or cancel, we will tell you as soon as reasonably possible and if there is time to do so before departure, we will offer you the choice of:

• (for significant changes) accepting the changed arrangements; or
• having a refund of all monies paid; or
• if available and where we offer one, accepting an offer an alternative expedition (we will refund any price difference if the alternative is of a lower value).

You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will assume that you have chosen to accept the change or alternative booking arrangements.

5.4 Compensation

In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, if we make a significant change and you do not accept the change and cancel your booking, or if we cancel your booking and no alternative is available and/or we do not offer one. The compensation we offer does not exclude you from claiming more if you are entitled to do so.

Period before departure in which we notify you	Amount you will receive from us*
62 days or more prior to your expedition departure	Nil
Between 61 and 42 days prior to your expedition departure	£10
Between 41 and 28 days prior to your expedition departure	£20
Between 27 and 14 days prior to your expedition departure	£30
Less than 14 days prior to your expedition departure	£40

*We will not pay you compensation in the following circumstances:

• where we make a minor change;
• where we make a significant change or cancel your arrangements more than 3 months of departure;
• where we make a significant change and you accept the change(s) or you accept an offer of alternative travel arrangements;
• where we have to cancel your arrangements as a result of your failure to pay on time;
• where the change or cancellation by us arises out of aterations to the confirmed booking requested by you;
• where we are forced to cancel or change your arrangements due to the reasons set out in clause 6 below.

6) FORCE MAJEURE

Except where otherwise expressly stated in these Terms and Conditions, we will not be liable or pay you compensation if our contractual obligations to you are affected by “force majeure”. For the purposes of these Terms and Conditions, force majeure means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures have been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the destination or remain at the destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or our supplier’s control.

6.1 Brexit implications

Please note that certain travel arrangements may be affected as a result of the United Kingdom’s decisions to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. Please rest assured that this is something that we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as force majeure, and whilst we will endeavor to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.

7) DISABILITIES AND MEDICAL PROBLEMS

We will do our best to cater for any special requirements you may have. If you have any medical problem or disability which may affect the booking, please provide us with full details beforehand so that we can try to advise you as to the suitability of the arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate. Acting reasonably, if we are unable to properly accommodate your needs, we will not confirm the booking. If you do not give us full details at the time of booking, either in written form or via email, we will cancel your booking and impose applicable cancellation charges when we become aware of the details. We do not accept liability for costs incurred during your expedition as a result of any medical conditions or disabilities which you have not disclosed beforehand.

8) SPECIAL REQUESTS

Any special requests must be advised to us at the time of booking e.g. diet, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us. We do not accept bookings that are conditional upon any special request being met.

9) COMPLAINTS

We make every effort to ensure that your travel arrangements run smoothly but if there is a problem during the expedition, please inform the Operation Wallacea staff and they will endeavor to put things right. If the complaint is not resolved locally, please contact info@opwall.com.

10) BEHAVIOUR

Everyone on our expeditions are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of any hotel manager or any other person in authority, your behaviour is causing or is likely to cause distress, danger or annoyance to any other person or third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking with us immediately. In the event of such termination our liability to will cease and may be required to leave the accommodation or other arrangements immediately. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You may also be required to pay for loss and/or damage caused by your actions and we will hold you individually liable for any damage or losses caused by you. Full payment for any such damage or losses must be paid directly to the accommodation manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.

We cannot be held responsible for the actions or behavior of other guests or individuals who has no connection with your booking arrangements or with us.

11) DATA PROTECTION

We take data protection and security extremely seriously, and list all the information we require, why we need it, and how it is used in our Privacy Policy. This can be found at https://www.opwall.com/privacy-policy/

In order to process bookings and provide expedition services, we must collect a certain amount of information from all our participants. This does include some special categories of information, including medical details, which we require in order to adequately minimize risks to those who join us. If you are unwilling to disclose the information required then we will have to cancel your booking, and standard cancellation fees will apply. Some details will also have to be given to our partners in order to assist with the safe and efficient planning of the expedition.

12) PASSPORT, VISA AND IMMIGRATION REQUIREMENTS AND HEALTH FORMALITIES

It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your expedition. We can only provide general information about this. The advice on the Operation Wallacea website does not constitute official guidance and we will not be held liable for any costs resulting from errors or misinterpretations of this information. You must check requirements for your own specific circumstances with the relevant embassies and/or consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.

Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting.

Special conditions apply for travel to USA, and all passengers must have individual machine readable passports. Please check https://uk.usembassy.gov. For European travel you should obtain a completed and issued form EHIC prior to departure.

Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit https://www.gov.uk/travelaware or from the US Department of State, visit https://www.state.gov/.

All travellers should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of the destination or country(ies) through which you are travelling.

We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.

13) JURISDICTION AND LEGAL ASPECTS

Please note that when you have read and accepted these Terms and Conditions, and when a confirmation invoice has been issued by or on behalf of ourselves or the relevant supplier, you enter into a binding contract which will be governed in all aspects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales.

You can access the Package Travel and Linked Travel Arrangements Regulations 2018 here: https://www.legislation.gov.uk/uksi/2018/634/contents/made. And you can view your Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018 here:

https://www.legislation.gov.uk/uksi/2018/634/schedule/2/part/2/made?view=plain.

Please note: the Package Travel and Linked Travel Arrangements Regulations 2018 are not applicable to bookings made in the USA.

14) OUR RESPONSIBILTIES

14.1 We will accept responsibility for the arrangement we have agreed to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018. As set out below and as such, we are responsible for the proper provision of all travel services included in your expedition, as set out in your confirmation invoice. Subject to these Terms and Conditions, if we or our suppliers negligently perform the arrangements and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of the package expedition you may be entitled to an appropriate price reduction and/or compensation. You must inform us without undue delay of any failure to perform, or improper performance of the travel arrangements included in this package.

14.2 We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

• the acts and/or omissions of the person affected; or
• the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable;
• force majeure (as defined in clause 6).

14.3 We limit the amount of compensation we may have to pay you if we are found liable under this clause:

• Loss and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is the value of the excess on your insurance policy, up to a maximum value of £150.
• Claims not falling under the above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and the person(s) named on the booking has not received any benefit from the booking.
• Claims in respect of international travel by air, sea and rail, or any stay in a hotel:

1. The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions, please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
2. In any circumstances in which a carrier is liable to you by virtue of EC 261/2004 (denied boarding and flight disruption), any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if we were a carrier.

• When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.

14.4 It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these Terms and Conditions.

14.5 Where any payment is made, you must assign to us and our insurers any rights you may have to pursue any third party and must provide us and our insurers with all assistance we may reasonably require.

14.6 Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:

• which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you;
• relate to any business;
• indirect or consequential loss of any kind.

14.7 We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example, any excursion that is booked whilst away, or any service or facility which the hotel or any other supplier agrees to provide.

14.8 Where it is impossible for you to return to your departure point as per the agreed return date of your package due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the three night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of the expedition. For the purposes of this clause, “unavoidable or extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.

15) FINANCIAL PROTECTION

15.1 For non-USA bookings: The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under its ATOL Franchise and The Package Travel and Linked Travel Arrangements Regulations 2018 for Operation Wallacea ABTOT 5146, ATOL number 10607, and in the event of their insolvency, protection is provided for the following:

1. non-flight packages;
2. flight inclusive packages that commence outside of the UK, which are sold to customers outside of the UK; and
3. flight inclusive packages, flight only and linked travel arrangements (LTAs) sold as a principal under the ABTOT ATOL Franchise.

ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if you are abroad.  Please note that bookings made outside the UK are only protected by ABTOT when purchased directly with Operation Wallacea.

In the unlikely event that you require assistance whilst abroad due to our financial failure, please call ABTOT’s 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company.

You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here: https://www.legislation.gov.uk/uksi/2018/634/contents/made

When you buy an ATOL protected flight or flight inclusive holiday from us, you will receive an ATOL Certificate.  This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.

The price of our ATOL-protected flight inclusive Packages includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices.

We, or the suppliers identified on your ATOL Certificate or holiday itinerary, will provide you with the services listed on the ATOL Certificate or itinerary (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder or supplier may provide you with the services you have bought or a suitable alternative (at no extra cost to you).  You agree to accept that in those circumstances the alternative ATOL holder or supplier will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder or supplier. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder or supplier, in which case you will be entitled to make a claim under ABTOT.

If we, or the suppliers identified on your ATOL certificate or holiday itinerary, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder, alternative supplier or otherwise) for reasons of insolvency, ABTOT Limited may make a payment to (or confer a benefit on) you under its scheme. You agree that in return for such a payment or benefit you assign absolutely to ABTOT Limited any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ABTOT ATOL Franchise scheme.

For further information visit the ATOL website at www.atol.org.uk or the ABTOT website at www.ABTOT.com

16) CONDITIONS OF SUPPLIERS

Many of the services which make up the expedition are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.

17) PROMPT ASSISTANCE

If, whilst you are on the expedition, you find yourself in difficulty for any reason, we will offer such prompt assistance as is appropriate in the circumstances, In particular, we will provide appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where the assistance is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative travel arrangements or other such assistance that may be required. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and therefore the claim should be directly to them. Subject to the other terms in these Terms and Conditions, we will not be liable for any costs, fees or charges incurred in the above circumstances, if our authorisation is not obtained prior to making other travel arrangements. Furthermore, we reserve the right to charge a fee for our assistance in the event that the difficulty is caused intentionally by you or otherwise through your negligence.

18) WHAT DOES THE BOOKING WITH OPERATION WALLACEA INCLUDE?

The expedition booking includes all travel from the designated start point of the expedition (as described in the brochure and on the website), between the various sites on the expedition (with the exception of Madagascar and South Africa) and to the designated end point of the expedition. It also includes food and accommodation on your expedition and participation in all the field research projects and training courses on site (excluding canopy access and dive training beyond PADI Open Water level). Where the described programme includes SCUBA diving or snorkelling, the booking includes diving or snorkelling, dive training to PADI Open Water level, and marine equipment needed (excluding a wetsuit). The booking also includes medical and safety support, and full operational support during the expedition.

19) WHAT DOES THE BOOKING WITH OPERATION WALLACEA NOT INCLUDE?

The booking excludes anything not stated above, specifically but not limited to:

• Any personal equipment recommended for the expedition (e.g. walking boots, dive booties, wetsuit, other clothes, sunscreen)
• Costs of additional elective training (e.g. dive training beyond PADI Open Water or the canopy access course)
• PIC cards and dive training manuals
• Insurance
• Any food during transit to and from your expedition, unless explicitly stated in your travel booking form.
• Local taxes or park fees not payable in advance
• Visa costs
• Vaccination cost and malaria prophylaxis
• Extra flight ticket taxes imposed by the relevant Government before your international ticket are issued.

20) TIME SPENT OUTSIDE THE JURISDICTION OF OPERATION WALLACEA – BEFORE AND AFTER THE EXPEDITIONS

Your expedition start and finish times are outlined in the expedition brochure, and also on the Operation Wallacea website. Before and after your expedition start and finish times, Operation Wallacea is not directly responsible for your safety and wellbeing. Operation Wallacea will provide remote support within the country of your expedition including contact numbers in the case of an emergency, safe transport and suitable risk assessed accommodation during this period. You are responsible for your own time before and after the expedition, and Operation Wallacea cannot accept liability for activities that you choose to participate in during this time unless you are acting under the supervision of Operation Wallacea or one of our partners.

21) DELAYS, MISSED TRANSPORT ARRANGEMENTS AND OTHER TRAVEL INFORMATION

If you miss your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.

Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicized at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such case is the responsibility of the airline and will not automatically entitle you to a refund of your expedition price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.

We cannot accept liability for any delay which is due to any of the reasons set out in clause 6 of these Terms and Conditions (which includes the behavior of any passenger(s) on any flight who, for example, fails to check in or board on time).

In the event that Operation Wallacea books any flights for you, the carrier(s), flight timings and types of aircraft shown in the brochure or on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your tickets which will be dispatched to approximately two weeks before departure. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know.