X-ploregroup Booking Terms & Conditions
X-ploregroup accepts bookings subject to the following conditions:
Interpretation
In this document wherever the context so admits the following expression shall have the following meanings respectively:
‘Client or Customer’ is the person or persons listed in the booking confirmation.
‘Major change’ means changing the dates, location booked or majority of course content over 80%.
Force Majeure’ means any situation or event beyond the control of X-ploregroup. This could be an Act of God, war, terrorist activity, civil strife, riot, industrial disaster, fire, adverse weather or road conditions, bureaucratic obstacles, and changes in schedules or modes of transport by ferry companies, airlines and bus or train operators.
Where the expression “Clients or Customers” includes two or more persons, the obligations expressed or implied relate directly to the individual.
Any reference to a statute shall include any statutory extension or modification or re-enactment of such statute and any other instrument plan, regulation, permission or direction made or issued there-under or delivering validity there-from.
Wording importing the singular meaning shall include the plural meaning and vice versa. All wording within the booking conditions is generalized to the Client, referring to the masculine, feminine and neuter genders.
The clause and paragraph headings are for convenience only and shall not affect the construction of this document.
The expressions used in the particulars shall have the same meanings when used hereafter in these booking conditions.
Acceptance
A contract for the activity and / or service is made between X-ploregroup and the Client on the issue of written confirmation of booking by X-ploregroup.
The Contract is subject to these booking conditions, which the Client has been deemed to have read and fully understood. These booking conditions can only be varied by written agreement between X-ploregroup and the Client.
No verbal representations made by X-ploregroup shall be relied upon by the Client.
Booking
To place a booking X-ploregroup requires a booking confirmation in written form (email or hand written) and a 40% deposit. The rest of payment should be done no later than 15 days before the beginning date of the activity or tour. Clients booking by Telephone or e-mail will have been deemed to have read the booking conditions and to have agreed to the terms and conditions’. All bookings, unless agreed otherwise, are treated as provisional and are only confirmed once the funds have cleared in to the X-ploregroup bank account. X-ploregroup reserves the right to decline any booking at their discretion.
The Contract/Booking is personal to the Client and is not capable of transfer or assignment without prior written consent of X-ploregroup.
Price
The price at time of booking covers the cost of the planning, organizing and delivery of the proposed activity and / or service. Once payment is cleared the agreed program/service/product will be delivered, if the client wishes to change the program/service/product once full payment has been paid additional reasonable costs may be levied by X-ploregroup at their discretion.
It is the responsibility of the Client to arrange travel to the site / location for the proposed activity and or service, unless otherwise stated. The Client is also responsible for their own personal medical requirements. Any non safety equipment is only provided when the Client has expressed a requirement and provided X-ploregroup with written details of their needs.
Cancellation Fees: In the event of cancellation the following cancellation fees will be payable by the client: Outside 55 days -Deposit only, 42 to 55 days prior – 50% of tour cost, 28 to 41 days prior – 60% of tour cost, 14 to 27 days prior – 80% of tour cost, less than 14 days prior – 100% of tour cost, if the deposit is greater than the cancellation fee then the deposit will be forfeited.
Amendment Fees: If a date change or itinerary change is done at a Clients request, a fee from 50€ to 200€ per passenger per change will be charged on top of any applicable supplier fees. If these changes fall within the cancellation period, then any applicable cancellation fees will also apply.
Late Boooking Fees: If booking within 7 days prior to departure late booking fees may apply.
Travel Insurance: We strongly recommend clients to purchase travel insurance at the same time as booking travel arrangements to suitably cover medical, personal effects, travel delays and cancellation costs.
Alteration by X-ploregroup
We make every effort to ensure the accuracy of our literature. However changes can occur despite our best endeavors and we reserve the right to change any price or other particulars before the Client books (in which case we will tell you before your booking becomes binding).
If there is a ‘Major Change’ to a confirmed booking we will inform the Client as soon as is reasonably practical, and offer you the choice of accepting the change, receiving a full refund or transferring to another available date. If the Client chooses to cancel and the ‘Major Change’ was caused by anything other than ‘Force Majeure’ or low bookings we will pay you reasonable compensation, if appropriate, having regard to the nature of the change and length of notice you receive.
If there is any change other than a ‘Major Change’ we are not obliged to inform you in advance (but we will do so where practicable), nor are we obliged to pay you compensation. If we become unable to provide a major proportion of the services you have booked with X-ploregroup, we will make every effort to arrange alternative arrangements for you at no extra charge and where appropriate, refund the Client for services not received. If the client wishes to make major changes to agreed program additional costs may be added at the companies’ discretion.
Content and Weather
The programs we offer are designed to be illustrative in order to best explain the scope and type of activities you will be undertaking. It is very unlikely that any one program could be or would be followed precisely as it is published. Several factors outside of our control will determine this and dictate what can be accomplished reasonably during your course. The most influential factors will be the weather, the conditions on the crags and the physical fitness of course participants. Taking these factors into consideration, and the aims of the course as described in our literature, we will construct the best program possible. We will review and may alter the program as the course progresses in response to the changing influence of these factors. Once the course is underway, guides, instructors, or leaders may change crag, routes, or activities, at any time, if they believe that to continue as intended would place themselves or any course member at undue risk. This applies to all courses. Circumstances may arise where we are forced to alter dates or duration, before a course starts. We will try to inform you of any such changes as soon as we know of them.
Our, guides, instructors, and leaders will do their utmost to ensure that any problems are solved for the benefit of the course participants as a whole. Booking with X-ploregroup signifies your acceptance X-ploregroup’s authority to make decisions affecting the group or individuals. For instance, our, guides, instructors, or leaders may require an individual, or individuals, to leave the course if they believe that a person or person’s health is at risk, if a person is not coping, or may not cope, with the technical, physical or mental demands of the course, if an illegal act has been or may be committed, or conduct is, may become, or has been, detrimental to the safety, enjoyment or well-being of the group or of any individual within the group.
Acceptance of authority
Employees of X-ploregroup, suppliers and staff will use their best endeavors to resolve problems to the benefit of the Client as a whole. Making a booking signifies the Clients acceptance of the staff’s authority to make decisions affecting the Client group or individuals. The Client must refrain from any conduct, which may give offence or cause danger or damage to any person or property. If X-ploregroup or any of its staff believe that the Client is in breach of this obligation, likely to breach it or is otherwise unfit to partake in the activity, X-ploregroup, or its staff may, in their absolute discretion, refuse the booking, or have the Client removed from any property or facility. X-ploregroup will owe the Client no liability in such circumstances and the Client will be solely responsible for any costs incurred.
Personal Health
Except as disclosed in writing to X-ploregroup, the Client confirms that they are in good mental and physical health and are unaware of any reason why they may be particularly unsuited to taking part in the activity and / or service agreed upon or may be likely to suffer illness or injury during the activity and / or service. With respect to the booked activity and / or service it must be recognized as containing an element of risk that is beyond the control of X-ploregroup.
If activities involved with a danger of personal injury or death. Participants in these activities should be aware of and accept these risks and be responsible for their own actions and involvement. All participants must be aware of this and accept the risks associated with these activities. Personal Accident, liability and Cancellation Insurance is highly recommended.
Failure to disclose any information that is required during the booking process may result in X-ploregroup in terminating the contract and withdrawing the Client from the activity and or service on the grounds of incorrect information. The Client will not be entitled to any refund of payments made under this termination contract.
Disclaimer: Due to conditions outside of our control such as weather, politics or operational problems X-ploregroup and its suppliers have the right to alter the itinerary. In the case of additional expense, this will be at the clients expense. In the unlikely hood that X-ploregroup or its suppliers, are forced to cancel a tour due to low numbers, X-ploregroup or its suppliers, will offer an alternative itinerary of similar inclusions. In the circumstance that X-ploregroup is acting as an agent only, any dispute will be handled direct by the Supplier. In the circumstance that X-ploregroup is the operator, the dispute will be handled by X-ploregroup and is bound by Catalan law (Spain) where any disputes will be settled. Prices are subject to change.
Conditions of service
As part of the continual review of safety and associated considerations, the conditions of booking are subject to change, clarification and modification at any time. Only X-ploregroup is empowered to vary or waive any of the Terms and Conditions of Booking. Such decisions are totally at the discretion of X-ploregroup.
All activity itineraries courses and days out are subject to, weather conditions and our instructors’ choice of location which is dependent on the prevailing weather and individuals or groups ability and experience.
All cancellations or disputes should be sent by registered post to:
X-ploregroup
X-plore, servicios de expediciones S.L.
Habana Vieja 13 4-3
08860 Castelldefels
Spain
X-ploregroup is a registered trademark of X-plore, servicios de expediciones S.L.
