Group Escapes Terms and Conditions

  1. GROUP TRIP TERMS AND CONDITIONS
    1. These terms and conditions are only applicable to Faraway Group Trips (“Escapes”).
    2. A trip booking is being made between Faraway Ltd (“Faraway”, “We” or “Us”) and you the customer (“client”, “traveller”, “you”, “your”), and we are acting as the provider and organiser of the trip.
    3. These terms and conditions constitute the agreement between you and Faraway with respect to any and all bookings made, reservations, activities, trips, or transactions.
    4. We only cater for travellers over 18 years of age joining an Escape. Should the person making the booking not be the traveller, they must be at least 18 years old and have full authority to enter into a contract on behalf of all persons named on the booking and confirm that all such persons are fully aware of and accept these terms conditions.
    5. Should you need to contact us, including giving written notices under these terms and conditions, please do so in writing to hello@wearefaraway.com.

 

  1. PAYMENTS
    1. A deposit of £500.00 is required to secure your place.
    2. We will refund your deposit within 14 days of booking your place should you change your mind and give us written notice of cancellation. After 14 days, the deposit is non-refundable.
    3. Fifty percent of the balance is due 90 days before the trip, after which it is non-refundable.
    4. The final balance will be due 60 days before the trip, after which it is non-refundable.
    5. We will issue an invoice to you detailing the payments due from you. Payments will be taken by credit card or bank transfer.
    6. If you do not pay the balances due by the dates above then your booking may be cancelled, resulting in the loss of all money collected.

 

  1. CANCELLATIONS
    1. Due to the size of our group and working with small partners we have strict payment dates in place.
    2. Should you need to cancel your trip for some reason, then any refunds due will be dependent on the following timeframes, after which refunds will not be possible. The applicable cancellation charges are as follows, and a cancellation notice must be received in writing to hello@faraway.io from the customer, in addition to a reply from Faraway confirming receipt of this:
      1. Prior to 90 days before the trip commences – The deposit;
      2. 90 – 60 days before the trip commences – The deposit and 50% of the trip balance;
      3. 60 days or less before the trip commences – 100% of the trip fee.

 

  1. BASIC TERMS
    1. By booking a spot on a Faraway group trip you are in agreement of the following terms:
      1. You do not suffer from any pre-existing medical condition or disability which may prevent you from actively participating in the tour.
      2. You accept that there will be risks involved in adventure travel, some of which may be out of our control.
      3. Faraway is not liable to you in respect of any illness that may occur to you and your group during their trip.
      4. Payment of your deposit does not constitute a contract for the trip. The contract will be issued along with the invoice for the first balance payment. At this point a contract is being entered into between Faraway and the customer.
      5. Faraway reserves the right to decline a booking at our discretion.
      6. Faraway does not arrange flights for our trips and has no control over the changes in flight prices. As soon as is reasonably possible we will advise which international flights to book, and travellers should not book flights before this time.
      7. We accept payment via Credit and Debit card for your protection. Should any refunds be due, they will be subject to credit card processing fees of 1.5% (this is subject to change).
      8. It is the travellers duty to arrange visas for their trip and Faraway will not be held responsible should a traveller not be able to join due to this. This also applies where a traveller must join the trip later, and Faraway will not be held responsible for any costs due to meet up with the trip.
      9. This is a group adventure and you are willing to share accommodation with another member/s of the group. We will use our reasonable endeavours to ensure there is a good fit between sharing parties. We do not operate a single supplement policy.

 

  1. INSURANCE REQUIREMENTS
    1. Every traveller must hold comprehensive and adequate travel insurance. This is a mandatory requirement.
    2. Travel insurance must cover personal injury, medical treatment, repatriation, and evacuation expenses, including helicopter rescue and air ambulance internationally.
    3. Travel insurance must also include cancellation coverage, so you are protected financially in case anything comes up that prevents you from joining your trip.
    4. You are responsible for understanding the specifics of your travel insurance policy, ensuring that your policy covers all optional and included activities listed in the trip itinerary, and ensuring that there are no exclusion clauses (e.g. air delays due to mechanical issues) that would limit the coverage that you might reasonably need.
    5. If you have existing health insurance coverage upon which you intend to rely, you must check your insurance policy to ascertain whether it provides the coverage described above while traveling to our destinations.

 

  1. PASSPORTS, VISAS AND VACCINATIONS
    1. Travellers must be in possession of, a valid, acceptable passport and any visas and vaccination certificates required for the whole of their trip.
    2. Faraway will not accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation.
    3. Should any fine or penalty be payable as a result of this, the traveller must indemnify Faraway the full cost.

 

  1. CONSUMER PROTECTION
    1. Faraway will take trip payments via credit card, thus providing the customer with a level of financial protection in the unlikely event of our insolvency.
    2. Faraway does not arrange flight inclusive trips, and as such will only provide financial protection for non-flight packages at the time of issuing the trip contract.
    3. Faraway Ltd is a company committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce that, at no extra cost to you, and in accordance with The Package Travel, Package Tours Regulations 1992 all passengers booking with Faraway Ltd are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of Faraway Ltd.
    4. The full details of this insurance policy are as follows:
      Company Registration number: 09716706;
      Policy Number: EVO/FFI/2018 0016;
      Policy Period: from 00:00hrs 1 June 2018 to 23.59hrs 31 May 2019 GMT.
    5. This insurance has been arranged with Affirma a trading brand of MGA Cover Services Limited (registered address Farren 135 High Street, Crawley, England, RH10 1DQ, company registration: 08444204 authorized and regulated by the Financial Conduct Authority registration number 678541) under a binding authority with Evolution Insurance Company Limited (“the Insurer”), registered in Gibraltar No. 88737 with a registered office at 5/5 Crutchett’s Ramp, Gibraltar, GX11 1AA.
    6. Evolution Insurance Company Limited is licensed by the Financial Services Commission in Gibraltar under the Financial Services (Insurance Companies) Act to carry on insurance business in Gibraltar, and authorised and subject to limited regulation by the Financial Conduct Authority (FCA) in the UK. Details about the extent of our authorisation and regulation by the FCA are available from us on request.
    7. In the unlikely event of Insolvency of Faraway Ltd please follow the procedures below:
      Please contact – Claims Department, Affirma
      152 City Road, London, EC1V 2NX
      Telephone: +44 (0) 20 3 540 4422
      Email: claims@affirmainsurance.com

      The claims department will supply instructions to follow and the documents required to submit your claim.
      Please ensure you retain your booking confirmation form as evidence of cover and value.
      If payment for your holiday was made by credit or debit card you must contact the Claims team on the contact above in the first instance for instructions.

    8. Policy exclusions:
      1. This policy will not cover any monies paid back to you by your Travel Insurance or any losses which are recoverable under another insurance or bond (with the exception of Credit and Debit card).
      2. This policy will also not cover any loss sustained by Passenger(s) booked on a flight-inclusive package sold and commencing within the United Kingdom.
    9. The Policy Period covers bookings made within the dates specified regardless of date of travel.

 

  1. CUSTOMER RESPONSIBILITIES
    1. It is the customer’s responsibility to supply Faraway with any requested information in suitable time prior to the trip and to ensure the reliability and accuracy of such information. Any fees applicable due to incorrect information provided will be the customer’s responsibility.
    2. Faraway runs small and intensive group trips and as such a certain amount of understanding will be required from our travellers. Customers must accept the decisions made by the tour leaders and anyone operating on behalf of Faraway during these trips.
    3. If there is a situation where a customer, either before or during a group trip, is disrupting other party members or endangering the group or the trip organisers in anyway, then that customer may be excluded from the trip with no refunds applicable. If this happens during a trip it will be the customers responsibility to make their own travel arrangements home, and Faraway will have no further responsibility for them or the expenses or costs incurred as a result of this.
    4. In the case of ill health during a trip, then we may make necessary arrangements on behalf of the traveller and then will require reimbursement afterwards.
    5. As stated previously, it is mandatory for all travellers to hold suitable travel insurance for their trip.
    6. If a customer commits an illegal act (including, for example, causing any damage) the client may be excluded from the tour and we shall cease to have responsibility to/for them as above.
    7. No refund will be given for any unused services.
    8. Customers are be responsible for the costs of any damage or loss caused and this must be paid either to Faraway or the supplier as required.
    9. The traveller will also be responsible for any claims made against Faraway and all costs incurred by Faraway due to their actions.
    10. Should the traveller develop a medical condition, or disability, which may affect them participating in the trip after their booking has been confirmed then they must inform us immediately.
    11. Should the traveller need to cancel then the payment and cancellation terms will still be applicable, and the traveller will need to refer to their travel insurance as required.
    12. If a traveller decides to leave the group at any point during the trip, Faraway will not be held responsible for that client and it will be their responsibility to meet back up with the group at their own cost.
    13. There will be no refunds for missed activities or accommodation.

 

  1. FORCE MAJEURE
    1. We will not be deemed in breach of this agreement or otherwise liable to you, by reason of delay in performance or non-performance of any of our obligations under this agreement to the extent that any such delay or non-performance is due to any “Force Majeure”. This means any circumstances beyond our reasonable control, including without limitation acts of nature, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labour strikes, requisition, sickness, quarantine, government intervention, weather conditions, and unforeseen circumstances.   If we and any of our suppliers are affected by Force Majeure, we and our suppliers shall be entitled to, and may in our sole discretion, vary or cancel any itinerary or arrangement in relation to the trip. Regarding civil unrest, once we have investigated the prevailing situation, as we deem fit, it shall remain in our sole and absolute discretion whether to proceed with the trip.

 

  1. PHOTOGRAPHY
    1. Any photography taken by us or our photographer on the trip (photos and/or videos) will be owned by Faraway. You may use this content for personal reasons, but not for commercial gain. We may request that images and videos be shared with you, but you must credit their creator by including his or her name and a notation that the content is his or her copyrighted content. You grant us a worldwide, royalty free licence to make use of, distribute and display any images and videos that you provide to us from the trip.

 

  1. EXTRAS
    1. Where possible Faraway will try to include the majority of accommodation, meals and activities in the price of the trip. Customers will be made aware of what’s not included and thus where they may have to pay extra before departure. We advise you to bring money/have funds available for this purpose.

 

  1. COMPLAINTS
    1. If you have a complaint, please inform us at the earliest availability in order to give us the best chance of rectifying this.   Failure to do so may affect or nullify any possibility or claiming compensation. Should you need to complain after a group trip, please do so in writing within 14 days of return.

 

  1. AUTHORITY
    1. If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity.

 

  1. ENTIRE AGREEMENT
    1. These Terms of Use constitute the entire agreement between you and Faraway and governs your use of the Service, superseding any prior agreements between you and Faraway.

 

  1. ASSIGNMENT
    1. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Faraway. Any purported assignment or delegation by you without the appropriate prior written consent of Faraway will be null and void.
    2. Faraway may assign these Terms of Use or any rights hereunder without your consent.

 

  1. SEVERANCE
    1. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect.

 

  1. VARIATION
    1. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use.

 

  1. WAIVER
    1. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the services, we can still require you to make the payment at a later date.

 

  1. RIGHTS OF THIRD PARTIES
    1. Unless otherwise stated, these Terms of Use do not confer any third-party beneficiary rights and the Contracts (Rights of Third Parties) Act 1999 will not apply.

 

  1. GOVERNING LAW AND JURISDICTION
    1. These terms are governed by the law of England and Wales whose Courts will have exclusive jurisdiction to determine any dispute arising between the parties.