TERMS AND CONDITIONS
Please read these Terms and Conditions carefully, they form an important part of the contract for the GVI Program.
All Programs advertised in our brochures and on our website are operated by Experiential Education Ltd, which trades as GVI, UK company registration number 10632333 (herein after called ‘GVI’, ‘we’ ‘us’ or ‘our’).
1.1. ‘Student’ means the person who is participating in the GVI Program.
1.2. ‘Conditions’ means the information and terms and conditions contained in this document.
1.3. ‘Contract’ means confirmation by GVI of the Student’s application and the Customer’s acceptance of the Conditions.
1.4. ‘Customer’ means the parent or legal guardian of the Student who consents to the Student’s application.
1.5. ‘Adventure’ means the in-country section of the Program.
1.6. ‘Adventure Leader’ means the person or persons appointed by GVI to lead the Adventure.
1.7. ‘Force Majeure’ means unusual and unforeseeable circumstances beyond the reasonable control of GVI, including but not limited to, events such as war or threat of war, riot, civil strife, industrial dispute, unavoidable technical problems with transport, closure or congestion at airports, terrorist activity, acts or changes in sovereign law or other official government action, natural or nuclear disaster, outbreak of disease or imposition of quarantine, fire and adverse weather conditions.
1.8. ‘Major Change’ includes, but is not limited to, a significant change in the itinerary, destination or the length of the Adventure.
1.9. ‘Minor Change’ means any change that is not a Major Change. This may include but is not limited to changes to the itinerary that do not affect the overall integrity of the Adventure.
1.10. ‘Price’ means the amount payable by the Customer to GVI for the Program.
1.11. ‘Program’ means the skills development Program provided by GVI including the planning, preparation, training for and participation in the Adventure.
1.12. ‘School’ means the school, college or organization which has commissioned GVI to plan and undertake the Program.
1.13. ‘Teacher’ the adult appointed by the School to facilitate the Program within the School.
1.14. ‘Team’ means the Students and accompanying adults participating in the Program.
2. Application and Acceptance
2.1. The Teacher who has asked GVI to plan and provide the Program will submit a signed booking form to GVI in respect of the Program.
2.2. Once the Teacher has submitted such booking form, Students who wish to participate in the Program must apply by completing a GVI application. The parent or legal guardian of all Students (The Customer) must accept these Conditions on application. The Student should also be aware of these Conditions and comply with them. GVI urges the Customer to read these Conditions carefully and contact GVI if the Customer does not understand or agree with anything in these Conditions.
2.3. By submitting an application, the Customer confirms that the application has been fully and accurately completed. The Customer shall inform GVI in writing immediately or at most within 30 days of the change where there is a change in the Students information (including but without limitation medical information).
2.4. At the time of submitting the application, the Customer must also pay to GVI the relevant first deposit payment. We will notify the Customer prior to the submittal of the application of the amount per Student payable as first instalment for the particular Program.
2.5. For the remainder of the Price the Customer will follow a payment plan as notified prior to the submittal of the application and detailed in 4.1.
2.6. If we accept the application to participate on the Program, we will issue the Customer and Student with confirmation. A Contract will exist between us from the date we issue the confirmation. When the Customer receives the confirmation, the Customer must check the details carefully and inform us immediately if anything is incorrect (within 30 days as stated in 2.3). Names on travel documents must exactly match those in passports. Unless we are responsible for the mistake, we will not accept liability if an airline or other supplier refuses boarding because the name(s) shown in the passport differ from those on the ticket.
2.7. Personal safety of the Student is of paramount importance to us and therefore it is imperative that the Customer advises us at the time of applying of any condition, medical or otherwise, that might affect the Students or other people’s enjoyment of the Program. Anyone suffering or who has suffered from mobility impairment, disability, medical conditions, illness or undergoing/undergone treatment for any physical, psychological or medical condition(s) must declare the true nature of such condition at the time of applying and make arrangements for the provision of any medication or other treatment which may be required during the Program. Failure to make such disclosure within the 30-day period will constitute a breach of these Conditions and could result in such persons being excluded from the Program in which case, without prejudice to any other rights or remedies of GVI the cancellation charges in clause 5 will apply.
3.1. The Price quoted by GVI covers the cost of planning, organizing and carrying out the Adventure Program.
3.2. The Price includes the cost of all specialist equipment, supplies, administration and travel (between the agreed point of departure and the destination country, and within and between countries when abroad if part of the Adventure). The Price does not include the following and the Customer will be responsible for the following additional costs:
3.2.1. inoculation fees, cost of travel to the agreed point of departure and cost of travel from the agreed point of return, cost of passports, visas and related charges where applicable, rest and relaxation activities unless otherwise stated; and
3.2.2. cost of the Student’s own prescribed medical requirements and personal equipment, clothing, personal spending money, additional insurance for personal belongings and personal spending money.
3.3. All Programs are tailored to the Teacher’s requirements and as such prices may vary. We will notify the Customer prior to the submittal of the application of the Price. All prices are accurate at the date of booking by the Teacher, but we reserve the right to change any of those prices at any time during the Program.
3.4. Changes in transportation costs, including without limitation the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of the Program may change after the Teacher has booked or after the Customer has received confirmation. However, there will be no change within 30 days of departure. Any changes in taxes, entry fees and/or charges that we collect at net cost on behalf of local and government bodies will be passed on to the Customer in full or refunded to the Customer in full (Net Cost Charges). We will absorb and the Customer will not be charged for any increase equivalent to 2% of the Price of the Customer’s Program, which excludes insurance premiums, Net Cost Charges and any amendment charges. The Customer will be charged for the amount over and above that, plus an administration charge of R50.00 per person. If this means that the Customer has to pay an increase of more than 10% of the original Price of the Program, the Customer may either accept a replacement Program from us of equivalent or similar standard and price (at the date of the change) if we are able to offer one or the Customer may cancel the Contract and receive a full refund of all monies paid, except for any monies paid to us in respect of amendment charges.
3.5. Should the Customer decide to cancel for this reason, the Customer must exercise their right to do so within 14 days from the issue date printed on the final invoice. If any change in our costs would cause a reduction in the price of the Program, we will not make refunds of amounts less than 2% of the price of the Program, which excludes insurance premiums, Net Cost Charges and any amendment charges, but we will refund in full amounts exceeding such 2%, after deducting an administration charge of R50.00 per person. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of travel due to contractual and other protections in place.
3.6. In view of the current volatility of world oil prices, a fuel supplement may be added to the price of the Program at the time of booking.
3.7. The country the School originates from will determine the currency the Prices will be charged in unless specified in the payment plan.
4.1. The Customer agrees to pay the Price as per the payment plan chosen on application. This includes an instalment plan payable using an EFT (Electronic Funds Transfer) or by credit/debit card.
4.2. Where GVI agrees to accept payment by instalments payable by EFT, the Customer must comply with the following provisions:
4.2.1. instalment payments are due on such dates and in such amounts as are specified to the Customer by GVI.
4.2.2. the final balance payment is due no later than 12 weeks (84 days) days before the departure date.
4.3. Where GVI agrees to accept payment by instalments payable by debit/credit card, the Customer must comply with the following provisions:
4.3.1.The debit/credit card used to make the initial payment will be stored and subsequent payments will be changed on the date they are due.
4.3.2. In the event a credit/debit card will expire, or the Customer wishes to utilize a different method of payment, the alternative payment details must be supplied a minimum of 7 days before the payment is due.
4.4. Deposit payment and non-refundable and all installment payments become non-refundable on their due date.
4.5. GVI reserves the right to charge a late payment fee of R150 for payments not received by their due date.
4.6. In the event payment is not received within 7 days of the due date, GVI will cancel the Contract and remove the Student from the Program, and will not refund the Customer any payments made nor will the Student be eligible for program credit.
4.7. GVI may agree to accept payment from a third party, however where GVI agrees to this, the Customer shall remain responsible for payment of any monies due to GVI under this Contract.
5. Customer Cancellation and Insurance
5.1. For the avoidance of doubt, the Customer is unable to make changes to the Program (including without limitation to the Expedition).
5.2. The Customer may cancel the Program at any time providing that the cancellation is made by the Customer in writing to GVI. Please note that the closer the cancellation is to the departure date, the costs and expenses incurred by GVI will be higher. Notice of cancellation will be effective upon receipt by us of written confirmation. For the avoidance of doubt, cancellation by the Customer includes without limitation where the Team is a School party and the Student is withdrawn from the Program by his/her School.
5.3. In the event of cancellation by the Customer, any payments made are deemed non-refundable as outlined in section 4.4.
5.4. In the event the Customer transfers the Student’s payments to an alternative Program or later date, any payments already deemed non-refundable will remain so, regardless of any new payment plans.
5.5. In the event of cancellation more than 12 weeks prior to departure, the Customer can receive credit for the full amount of monies paid, less any irrecoverable flight or insurance fees, to use towards an alternative start date, GVI program or destination. All programs are subject to availability and booking terms and conditions, and future start dates on destinations or programs cannot be guaranteed. Credit will be issued to the Student and must be used within 5 years of issue. Credit may be transferred to the Student’s siblings, but is non transferable to other individuals and not redeemable for cash. Once credit has been issued, the Customer waives any right to request a refund, to which they were previously owed, at a later date.
5.6. In the event of cancellation 12 weeks or less prior to departure, the Customer will not be entitled to any refund nor any program credit, unless explicitly stated in writing by GVI.
5.7. In all cases where GVI provides refunds, the refund will be made back to the original method of payment. In the event the credit or debit card has expired, the cardholder must contact their bank on how to recover the refunded funds. GVI will not refund alternate accounts or individuals. All refunds incur a processing fee of R150 and can take up to 180 days to process in full.
6. GVI Cancellations/Alterations
6.1. We plan the arrangements for the Program (including without limitation) many months in advance and may occasionally have to make changes, most of which are minor. Flight timings and carriers are for guidance only and subject to change. Operation of all Programs is dependent on a minimum number of persons applying to participate on the Program. If that number is not achieved, we reserve the right to merge the Program with one or more other Programs. If a Major Change becomes necessary, we will advise the Customer of the change as soon as possible. When a major change occurs, the Customer will have the choice of either:
6.1.1. accepting the change; or
6.1.2. cancelling the Program, in which case any refund or credit will be dealt with in accordance with clause 5.
6.2. We may also have to cancel the Program. Operation of all Programs is dependent on a minimum number of persons applying to participate on the Program. If that number is not achieved and a merge is not possible, we reserve the right to cancel the Program. Except in cases of force majeure, or other events outside of our control, in the event that we cancel the Program, the Customer shall receive a full refund of monies paid. Refunds will be issued in accordance with section 5.7.
6.3. Except in cases of force majeure or other events outside of our control, in the event we are forced to curtail the Program after the departure, we will, wherever possible, make suitable alternative arrangements. If we are unable to make such alternative arrangements, or the Customer rejects these for good reason then we will return the Student to the agreed point of departure. The Customers first recourse should be to claim any unused program fee from their insurance. In the event the insurance rejects the claim, then GVI shall refund the Customer for any unused services, if appropriate.
6.4. We shall not be liable to the Customer or the Student for the cost of arrangements including but not limited to travel arrangements to the Student’s point of departure, connecting travel that is non- refundable or non-changeable, visas or vaccinations if any changes are made to the Program (as per clause 3.21 and 3.22).
7. GVI Cancellation Due to Force Majeure
7.1. In the event of program cancellation or curtailment due to Force Majeure, or any other reason beyond our control, the Customer’s first recourse should be to lodge a claim with their insurance provider.
7.2. In the event the Customer is unable to receive any payment from their insurance provider, then GVI shall issue a credit for the full amount of monies paid, less any irrecoverable Program, flight or insurance fees, to use towards an alternative start date or GVI destination. GVI reserves the right to provide alternative destinations or programs and all are subject to availability and booking terms and conditions. Credit will be issued to the Student and must be used within 5 years of issue. Credit may be transferred to the Student’s siblings, but is non transferable to other individuals and not redeemable for cash.
8. Visa, Passport, Travel Documentation
8.1. It is a condition of the Contract that the Customer provides us with certain information. This is known as Passenger Name Records (PNR) data and/or Advanced Passenger Information. The information the Customer must provide will include, but not be limited to, full name – as shown in the passport, gender, date of birth, passport number, country of issue and expiry date. The Customer must provide this information to GVI at least 10 months before departure.
8.2. Whilst we are able to provide basic advice regarding passports and visa requirements, the Customer and Student must check with the appropriate embassy, consulate or National Foreign Office for the exact requirements for the chosen Program and date of travel. It is the Customer’s responsibility to ensure that the Student has the correct passport, visas and other necessary documents to enable the Student to participate in the Program and gain access to any country/region included in the travel arrangements purchased from us. If the Customer fails to do so, we will have no liability to the Customer or the Student for any cost, loss or damage which the Customer or the Student suffers, nor will we refund the Customer or the Student the cost of any unused portion of the travel arrangements. In some cases, countries will refuse entry to persons who have criminal records. Should this be of concern to the Customer or the Student, the Customer should check with the embassy or consulate of the countries to which the Student is travelling. The Customer is entirely responsible for ensuring that the Student has the correct and valid documentation for travel. We cannot accept responsibility for any failure to comply resulting in any costs or fines being incurred and we advise the Customer to check with the passport office or the consulate in question if there are any queries. If the Student is travelling overland to certain destinations, they may need to pass through controls of other countries enroute so this should be allowed for with any passport/visa applications. The Student must comply with all local legislation and regulations of the country or place in which the Program takes place. The Customer shall pay GVI for any loss or expense that GVI may incur as a result of a breach of this clause.
8.3. Except as disclosed in writing to GVI, the Customer is not aware of any reason why the Student may have difficulty entering any of the countries covered by the Expedition.
8.4. Please note that for some Programs we need to request special permits, and as such we require the Student’s passport details to be provided on application, and in order that we can accept the application. Furthermore, if the Student renews their passport after the application has been submitted, the Customer must ensure that the Student takes their old passport with them to maintain the validity of the permit.
8.5. The Customer may be required to provide a notarized parental consent form, completed and signed by all legal parent(s) and/or guardian(s) of the Student, where GVI believes it may be required.
8.6. The Customer consents to (i) the Student’s participation in the Program and Expedition, and (ii) emergency medical treatment of the Student in the event that the Customer cannot be contacted in an emergency. The Customer shall ensure that GVI is provided with up to date emergency contact information and next-of-kin details for the Student.
8.7. Some airline carriers and other transport providers treat name changes (including where the Customer does not provide the correct name in the first instance), as a cancellation. Accordingly, the Customer may have to pay for the cancelled ticket and be required to pay for the full cost of a new ticket.
9. Health, Fitness & Participation Requirements
9.1. The Customer must be satisfied when consenting to the Student’s application that the Student is fit and able to complete the itinerary of the Program. The fitness requirements relevant to the Student’s Program will be provided at booking. A training hike will be provided as part of the program fee. If, during the hike, GVI or the School feels the Student does not meet the fitness requirements to safely participate in the Program, the Customer must supply a medical form, signed by the Student’s medical practitioner, confirming their fitness to participate. If the Student is unable to provide the required documentation, then GVI reserves the right to terminate the contract and withdraw the Student from the Program, without refund.
9.2. In the event that the Student suffers or has suffered from mobility impairment, pre-existing or existing illness, disability or other medical condition, or is undergoing treatment for any physical, psychological or medical conditions, the Customer must declare the true nature and full particulars of such condition(s) at the time of applying and make arrangements for the provision of any medication or other treatment which may be required during the Program.
9.3. The Customer confirms that the application has been completed fully and accurately (in particular giving full details with regards to the Student’s mobility impairment, pre-existing or existing illness, disability or other medical condition or undergoing of treatment for any physical, psychological or medical conditions) and will inform GVI in writing immediately if any relevant circumstances change and at the most within 30 days of knowing about any relevant change.
9.4. Failure to make such disclosure (including without limitation if it is later discovered that a pre-existing condition was not declared within the specified time) or providing incorrect information at any time where the correct information would affect the Student’s suitability to take part in the Program, will constitute a breach of these Conditions and GVI reserves the right to terminate the Contract and withdraw the Student from the Program without refund.
9.5. In order to assess the Student’s suitability for the Program, GVI requires all Students to complete a GVI medical form. In the event any medical history is disclosed on the form, it must be signed by the Student’s medical practitioner. GVI reserves the right to require documentation from a doctor or specialist and/or to consult with their own medical and mental health professionals regarding the Student’s physical and mental fitness to undertake this program. GVI reserves the right to terminate the Contract and withdraw the Student from the Program without refund on the grounds of either doctor’s comments or advice. Any additional medical documentation GVI requires will be at the Customer’s expense.
9.6. We are able to advise on mandatory health requirements; however, we are not medical experts. It is the Customer’s responsibility to obtain proper and detailed medical advice prior to application and again prior to travel for the latest health requirements, recommendations for the Program destination and any costs. Where the Customer does not do so and the Student is not allowed to enter any country, or suffers personal injury or death as a result, we have no liability to the Customer or the Student for any cost, loss or damage which the Customer or the Student suffers nor will we pay a refund for the cost of any unused portion of the Program. In the event that the Student has any existing medical problems, is pregnant or has recently visited other countries, the Customer must check requirements with the Student’s medical practitioner.
9.7. The Student must take all necessary inoculations or medication within the requisite period before the departure date and during the Program (as appropriate). The Customer must take advice from the Student’s medical practitioner as to which inoculations or medication are necessary and/or advisable for the Program and follow the advice provided. GVI reserves the right to inspect the Student’s vaccination book at any time and to terminate the contract and withdraw the Student from the Program in the event that the Student has not received all the requisite inoculations or medication.
9.8. The Student must supply a negative COVID-19 test, no more than 48 hours prior to departure. The costs of this test will be the responsibility of the Customer.
9.9. In the event a COVID-19 test is required to depart the Program destination, return to the point of departure, or at any other point throughout the Student’s Program, this will also be at the Customer’s expense.
9.10. All Students will be screened for COVID-19 signs and symptoms at the point of departure and throughout the Program. Any Student suspected of having COVID-19, at any point during the Program, will be required to quarantine until they can present a negative COVID-19 test. GVI reserves the right to mandate a quarantine, at its discretion.
9.11. The costs of quarantine should be claimed through insurance. In the event there is a shortfall in costs, or the insurance provider rejects the claim, the Customer will be responsible for payment of these costs.
9.12. Should the Student miss their return flight due to a positive COVID-19 test and/or quarantine requirements, it will need to be rebooked. The costs of any flight changes should be claimed through insurance. In the event there is a shortfall in costs, or the insurance provider rejects the claim, the Customer will be responsible for repayment of these costs.
9.13. In the event of quarantine or trip delay due to COVID-19, and any other medical emergency, GVI will supply a staff member or representative to chaperone the Student at their Program Destination until they are able to depart. Any additional costs related to supplying this individual will be claimed through the Student’s insurance policy.
9.14. GVI has put in place preventative measures to reduce the spread of Coronavirus/COVID-19 but cannot guarantee the Student will not become infected by the Coronavirus/COVID-19. By joining the Program, the Customer acknowledge the contagious nature of the Coronavirus/COVID-19 and understands the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 which may result from the actions, omissions, or negligence of the Student and others, including, but not limited to, Program Leaders or other GVI staff or representatives, other Students and/or local community partners. The Customer thereby release GVI, its employees, owners and partners of any liability with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from exposure to Coronavirus/COVID-19 related to, or in connection with, the Student’s participation on the Program.
10. Leader Authority & Behaviour
10.1. On a Program, it is necessary that the Student abide by the authority of GVI and the Adventure Leader who represents GVI. For the avoidance of doubt, whilst a Program is in progress, all decisions shall be made by GVI (or the Adventure Leader on GVI’s behalf). The Student must act in accordance with all instructions from GVI and the Adventure Leader. If the Student breaks any law or regulation of any country or establishment where the Program takes place and when on the Program or if in our reasonable opinion or the reasonable opinion of the Adventure Leader or another person in authority the Student’s behaviour is disruptive, threatening or abusive, causes unnecessary inconvenience or is causing or likely to cause damage to property, danger, distress or upset, disturbance or annoyance to others or puts any other traveller or our staff in any risk or danger, on the telephone, in writing or in person, we may terminate the Contract and withdraw the Student from the Program without any liability on our part.
10.2. In such event, neither the Customer nor the Student will be entitled to any refund and the Customer will pay to GVI the costs, losses or expenses which GVI incurs or suffers as a result of the Student’s behaviour described in 10.1, this would include any cost involved with repatriating the Student from the Program destination.
10.3. If the Student is refused carriage because of their behaviour, or the Student is under the influence of alcohol or drugs, the airline may pass on the Student’s details and date of refusal of carriage to other airlines for their information. This in turn may make it difficult for the Student to book other airline tickets. In any of these circumstances, no refunds or compensation will be paid to the Customer or the Student and we may make a claim against the Customer for any damages, costs and expenses (including legal expenses) incurred as a result of the Student’s behaviour including but not limited to (i) repairing or replacing property lost, damaged or destroyed by the Student, (ii) compensating any passenger, crew, staff or agent affected by the Student’s actions and (iii) diverting the aircraft or ferry to remove the Student. Criminal proceedings may also be instigated.
10.4. The Customer is responsible for the cost of any damage caused to the Student’s accommodation or the contents of the Student’s accommodation during the Student’s stay. These charges must be met by the Customer and may have to be paid immediately.
10.5. The Adventure Leader and/or other GVI personnel reserves the right to search the Student’s bag, room or property where there is deemed a health and safety, legal or other serious risk including the possession of illegal and illicit substances, including marijuana.
11.1. Unless stated otherwise, the price includes Traveller’s Insurance to cover emergency medical evacuation and other emergency medical requirements during the Program. A copy of the policy, (including without limitation details of cover and details of limits and exclusions of the insurance policy) will be provided at least 7 days prior to departure.
11.2. Unless otherwise stated at the time of booking, the insurance policy does not cover any pre-departure cancellation, including but not limited to, voluntary cancellation, cancellation due to medical reasons, and/ or cancellation related to COVID-19. Should the Customer wish to have this benefit, they must purchase their own policy, at their own expense. No refund will be given for the policy already included in the Student’s Program in the event of overlapping cover.
11.3. The Customer and Student must be familiar with the policy. It is strongly advised that satisfactory arrangements are in place for the insurance of other aspects that are not covered by the insurance policy including without limitation personal belongings and personal money. The insurance policy provided by GVI is designed to cover all activities included in our itineraries and the featured optional extras. Please note however that the insurance policy provided by GVI may not cover the Student for any activities purchased that are not pre-booked nor featured in official GVI literature. In the event that activities that are not pre-booked nor featured in official GVI literature are purchased, the Insurance provider must be contacted and asked for confirmation as to whether such activities are covered under the policy.
11.4. It should be noted that a general principle of insurance is that pre-existing conditions are not covered. The Customer should assume that this is the case with all insurance policies included in the program fee unless specifically advised otherwise in writing by GVI.
11.5. In all cases where the Customer wishes to make an insurance claim, they must do so with the provider directly.
11.6. GVI reserves to make a claim against the Student’s policy in the event GVI pays for any medical treatment or incurs any other costs related to the Student that are claimable on their insurance policy. In the event such a claim is rejected by the insurance provider, either in part or in its entirety, or the Customer has already been reimbursed by the insurance provider directly, the Customer is responsible for reimbursing GVI within 14 days for any unpaid monies or costs incurred by GVI related to the Student.
11.7. Additional insurance may be required to comply with immigration requirements for specific destinations. In this instance the additional cost of complying with these requirements will be at the Customer’s expense.
12. Additional Information About the Program
12.1. GVI will organize the travel arrangements in relation to the Program and will provide one or more experienced person(s) to lead the Adventure (“Adventure Leader”) (as appropriate) to assist all of the Students and the Teacher (and any accompanying adults).
12.2. Meals (breakfast, lunch and dinner) from the Agreed Point of Departure until the return to that point at the end of the Program, are included in the Price and all Students on the Program will be given a set budget to manage as a group to source their own meals during this period.
12.3. It is part of the Program that both prior to and during the Program, the Student works with the Team to plan the itinerary for the Program. As a result of the nature of and the length of time required in planning all GVI Programs, GVI is not in a position at the time of submittal of the application to confirm the operator, aircraft flight number, exact departure date (although 3 (three) day departure slots are given prior to submittal of the Application), airports, ferry port or itinerary.
12.4. Dates and itineraries shown for Programs are indicative only and subject to change.
12.5. Throughout the course of the Program various meetings and training will be provided to which the Student must attend.
14. Terms of Service
14.1. As part of Program training, the Student will receive access to GVI’s online courses. By accessing these courses and other online training materials, the Customer agrees to our Terms of Service on the Student’s behalf.
15.1. Any likeness or image of the Student secured or taken on any of our Programs may be used by GVI without charge in all media (whether now existing or in the future invented) for bona fide promotional or marketing purposes, including without limitation promotional materials of any kind, such as brochures, slides, video shows and the internet.
15.2. If the Customer or the Student choose to supply GVI with any photographs, they hereby confirm that:
15.2.1. the Customer and Student irrevocably grant permission to GVI, and licensees and assigns, to use such photographs throughout the world for any of their commercial or non-commercial purposes in any and all media, including, without limitation, in GVI’s printed publications, presentations, promotional materials, in the advertising of GVI’s goods or services or on GVI’s website and social media;
15.2.2. the Customer and Student waive all moral rights in such photographs to which they may now or at any future time be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.
15.2.3. the Customer and Student shall procure any necessary third-party consents and/or waivers to give effect to this clause 13 and shall indemnify GVI and its Group Companies against any claims, losses, damages or costs arising from its failure to do so.
16. Program Data
16.1. Any research, data, reports, photographs and documentation collected by the Student on the Program remains the property of GVI or our in-country partners. GVI or our in-country partner’s permission must be received before that data can be used (e.g. before the Student can include it in a research or scientific paper). No compensation will be provided to the Student for any data or research they collect.
17. Our Liability, Conditions of Carriage & Limitations
17.1. Our obligations, and those of our suppliers providing any service or facility included in the Program, are to take reasonable skill and care to arrange for the provision of such services and facilities. The Customer must show that reasonable skill and care has not been used if the Customer wishes to make any claim. Standards of, for example, safety, hygiene and quality vary throughout the transport and destinations that the Program may involve. Sometimes these standards will be lower than those which would be expected in your home country. The suppliers of the services and facilities included in the Program should comply with local standards where they are provided.
17.2. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of 3 (three) times the cost of the Program per Student. Our liability in all cases will be limited in accordance with and/or in an identical manner to the contractual terms of the companies that provide the transportation for travel arrangements. These terms are incorporated into this contract; and any relevant international convention as detailed below. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions. The Customer can ask for copies of the transport companies’ contractual terms, or the international conventions, from our offices at GVI.
17.3. We shall have no liability where the cause of the failure to provide, or failure in, the Program or any death or personal injury suffered is not due to any fault on our part or that of our agents or suppliers, because it is either attributable to the Teacher or another member of the group on the Program, or attributable to someone unconnected with the Program and is unforeseeable or unavoidable, or is due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which neither we, nor our agents or suppliers could have foreseen or forestalled.
17.4. If any international convention applies to, or governs, any of the services or facilities included in the Program arranged or provided by us, or provided by any of our suppliers, and the Customer makes a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay the Customer (and/or the Student) compensation and/or the amount (if any) of compensation payable to the Customer (and/or the Student) by us will be limited in accordance with and/or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). International Conventions which may apply include, without limitation: in respect of international air travel, the Warsaw Convention 1929 (as amended) or the Montreal Convention 1999; in respect of rail travel, the Berne Convention 1961; in respect of carriage by sea, the Athens Convention 1974; in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other international conventions applicable to the Program. Other than as set out above, and as is detailed elsewhere in these Conditions, we shall have no legal liability whatsoever to the Customer or the Student for any loss or damage.
17.5. Please note that we have a list of approved providers of rest and recuperation/relaxation activities. The Student must only use such approved providers for such rest and recuperation/relaxation activities. The Student is not permitted to participate in rest and recuperation/relaxation activities that are not approved by GVI and/or that are not provided by GVI approved providers.
17.6. If the Student is joining the Program locally (i.e. not starting with the rest of the Team from the point of departure), our responsibility does not commence until the Student physically joins the team. If the Student is joining the Program locally they must be accompanied by an adult until the Student has joined up with the rest of the Team. If the Student is leaving the Program early (i.e. not returning with the rest of the Team to the agreed point of return) they must be met by an adult before leaving the rest of the Team and the adult must accompany the Student on the remainder of their journey. We shall not be responsible for any additional expenses incurred by the Student or any accompanying person(s) to meet up with the rest of the Team, whether for the Student to join the rest of the Team locally or for the Student to leave the rest of the Team early. The Student will not be insured under the GVI Insurance policy unless they are with the Team. Where the Student is over 18 years old, we will accept written consent from the Customer for them to travel independently.
17.7. We may operate Programs in regions where standards of accommodation, transport, safety, hygiene, medical facilities and other infrastructure may, at times, be lower than those the Customer or Student normally expect. The application is accepted on the understanding that the Customer and the Student realize the hazards and possible risk involved in adventure travel, including injury, disease, loss or damage to property, inconvenience and discomfort, and agree that the Student undertakes the Program at their own risk and volition. The whole philosophy of adventure travel is one that allows alternatives and a substantial degree of on-trip flexibility. The outline itineraries given for each Program must therefore be taken as an indication of what the Team on the Program should accomplish, and not as a contractual obligation on our part. Changes in itinerary may be caused by local political conditions, flight cancellations, mechanical breakdown, weather, border restrictions, sickness, or other unforeseeable circumstances.
17.8. Please note that the timings of air, sea, road or rail departures are estimates only. These timings may be affected by operational difficulties, weather conditions or failure of passengers to check in on time.
17.9. Whilst GVI makes every effort to ensure that the Program is safeguarded from terrorism by relying upon the best available advice at that time, due to the unpredictable nature of global terrorism, GVI can make no guarantees. By submitting an application, the Customer acknowledges that the Student will travel at their own risk and confirm that the Customer has made their own enquiries as necessary. GVI expressly excludes all liability (both direct and indirect) to the maximum extent permitted by law for any losses or damages whatsoever that the Customer or the Student may suffer or incur as a result of, or in connection with, an act of terrorism.
17.10. Air carrier liability for passengers & their baggage: This information notice summarizes the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.
17.10.1. Compensation in the case of death or injury: There are no financial limits to the liability for passenger injury or death. For damages up to 113,100 Special Drawing Rights (SDRs) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.
17.10.2. Advance payments: If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 (fifteen) days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16000 SDRs.
17.10.3. Passenger delays: In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4694 SDRs.
17.10.4. Baggage delays: In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1131 SDRs.
17.10.5. Destruction, loss or damage to baggage: The air carrier is liable for destruction, loss or damage to baggage up to 1131 SDRs. In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
17.10.6. Higher limits for baggage: A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.
17.10.7. Complaints on baggage: If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within 7 (seven) days, and in the case of delay within 21 (twenty-one) days, in both cases from the date on which the baggage was placed at the passenger’s disposal.
17.10.8. Liability of contracting & actual carriers: If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.
17.10.9. Time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
17.10.10. Basis for the information: The basis for the rules described above is the Montreal Convention of 28 May 1999.
17.11. Please check with the airline regarding luggage allowance limits and the maximum allowable single item baggage weight. If the Student has a medical condition, serious illness, recently undergone surgery, or has suffered a recent accident, the Customer must advise us and the Student may need to be cleared for travel by the airline which will involve obtaining a Fitness to Fly Certificate from the Student’s general practitioner.
18. Law & Jurisdiction
18.1. English (UK) Law shall apply to this Agreement and the parties agree to submit to the exclusive jurisdiction of the English Courts.
19. General Matters
19.1. GVI may sub-contract any of its obligations under this contract provided that the Customer’s rights are not adversely affected as a result. We may transfer the benefit of the Contract to a third party provided that such third party satisfies and meets any Conditions that apply to the Program and agrees to be bound by these Conditions (as the same are in force at the time of transfer) and reasonable written notice is given to the Customer of this transfer in advance of the departure date.
19.2. If a court or any other competent authority finds that any provision of the contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
19.3. All communications relating to this contract (in particular any requests to cancel the Program) must be from the Customer in writing and in English and delivered by hand, email or sent by recorded delivery post to GVI, 1 Emperor Way, Exeter Business Park, Exeter, EX1 3QS.
20.1. If the customer has a complaint about the Program, the Customer must direct the complaint in writing to [email protected] We will acknowledge written notification within 7 days and aim to provide a full response within 28 days.
20.2. Should GVI be unable to resolve a serious complaint, the Customer shall refer the matter to the legally binding arbitration service, Dispute Settlement Services Ltd, at their expense. Should we be found to be in the wrong, the Customer’s reasonable costs of filing the dispute will be reimbursed by order of the arbitration body.