TERMS AND CONDITIONS
IMPORTANT INFORMATION FOR YOU ABOUT THIS CONTRACT:
It is important that you carefully read and understand the below booking conditions. They constitute the contract between you & Beyond Action Adventures LLC for the services provided by Beyond Action Adventures LLC and set out the basis of your legal relationship with Beyond Action Adventures LLC by booking with us you acknowledge that you have read and understood and that you agree to be bound by these Booking Conditions.
Beyond Action Adventures LLC is a licensed company registered to operate in the United Arab Emirates. Beyond Action Adventures LLC operates under the name “Beyond Action Beyond Action Adventures” and will be referred to as Beyond Action or Beyond Action Adventures in this contract. All publicity and promotion of adventure activities is done under the brand name ‘Beyond Action’.
DISCLAIMER: Concepts, Events, Trips & Experiences:
Acknowledgment of Risk:
Beyond Action Adventures operates activities in regions where standards of accommodation, transport, safety, hygiene, medical facilities and other infrastructure may, at times, be lower than those you would normally expect. Please bear this in mind when making your booking. All our activities, but especially those visiting remote regions, or areas with dangerous wildlife, involve a risk of injury, psychological trauma, disease, loss or damage to property, inconvenience and discomfort. By booking with us you agree to assume all risks associated with the activities to the maximum extent permitted by law.
When assessing whether activities will operate, Beyond Action Adventures uses information from local government or commercial sources. It is your responsibility to acquaint yourself with the advice given. By booking with us you acknowledge your decision to take part in our activities is made after due consideration of relevant information that may be made available at any time and you agree to assume the risks associated with the activities.
Where Beyond Action Adventures provides services it will do so with due care and skill. Beyond Action Adventures is not responsible for the acts and omissions of others, including guides, transport and accommodation providers or for any loss, damage or expense (including loss of money paid in advance) which you may incur as a consequence of the acts and omissions of others.
You warrant that you have not relied on any representation made by Beyond Action Adventures, which has not been stated expressly in these conditions.
Beyond Action Adventures will not accept responsibility or liability for any client who contravenes any law or regulation of any area visited. Any independent arrangements that you make that are not part of the Beyond Action Adventures experience are entirely at your own risk. Beyond Action Adventures does not accept liability for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with this contract or in respect of a failure or omission on the part of Beyond Action Adventures to comply with its obligations under this contract.
This disclaimer set out in these conditions does not attempt or purport to exclude, restrict or modify liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
Prices are based on costs and are set as per the announcements made by Beyond Action Adventures. Beyond Action Adventures reserves the right to adjust prices until you have made full payment for your experience. Dates, prices and itineraries are indicative only and subject to change. Insurance, personal purchases during the trip are not included in your price.
If cancellation occurred by Beyond Action Adventures:
Beyond Action Adventures reserves the right to cancel activities and will advise you of such cancellations. In this case Beyond Action Adventures will offer you alternative arrangements and if the price of your alternative booking is of lower value than the original booking we will refund the difference to you. If you do not accept alternative arrangements we will refund all payments you have made to Beyond Action Adventures, less any unrecoverable costs incurred by Beyond Action Adventures, but we will not be liable under any circumstances whatsoever for any claims made by you for any additional costs incurred by you.
Beyond Action Adventures will not be liable for any delay in, change to or cancellation of any activities or experiences due to Force Majeure. Force Majeure means a circumstance beyond the reasonable control of Beyond Action Adventures and includes but is not limited to war or threat of war, riot, civil strife, terrorist activity, industrial dispute, disease, industrial or nuclear disaster, airline delays, adverse weather conditions, fire and strikes. If Beyond Action Adventures does cancel a booking as a result of Force Majeure, or government advice, Beyond Action Adventures will offer you alternative arrangements and if the price of your alternative booking is of lower value than the original booking we will refund the difference to you. If you do not accept alternative arrangements, we will refund all payments you have made to Beyond Action Adventures less any unrecoverable costs. Beyond Action Adventures will not be liable for any additional costs incurred by you.
Cancellation by you/your representative:
If you wish to cancel all or any part of your booking notification of cancellation must be made to Beyond Action Adventures in writing. There are no refunds or transfer to an alternative activity. If you wish to cancel but you find someone to take your spot, then you can replace your name with the new person’s name. You are fully responsible for finding your replacement.
No refunds will be made if you leave an activity or experience for any reason after the activity or experience has begun.
Changes to your experience
Changes may occur because of Force Majeure, poor road conditions, weather, availability of transport, vehicle breakdowns, or other circumstances beyond Beyond Action Adventures’ control. You accept that such changes may occur.
Where changes occur we will, where practical, advise you of such changes. Beyond Action Adventures does not accept any responsibility for loss of enjoyment, delays or compensation resulting from changes due to Force Majeure or any reasons beyond Beyond Action Adventures’ control.
Consent of Leadership:
During all activities the decision of the Beyond Action Adventures leader, guide or representative will be final on all matters likely to affect the safety and well-being of the experience or activity. You must, at all times, strictly comply with the laws, customs, guidelines or drug regulations of all places visited. Should you fail to comply with the above, or should you interfere with the well-being of the group then the trip leader, guide or company representative reserves the right to order you to leave the experience or activity immediately with no right of refund. Any travel arrangement after that would be required will be at your own expenses.
People under the age of 18 cannot book any activities. A responsible adult must accompany all minors. Beyond Action Adventures has the right to refuse participation to any minor they deem unsuitable for the activity.
During water activities such as kayaking life jackets must be worn at all times. During rock climbing, caving or abseiling activities helmets and harnesses must be worn at all times. Beyond Action Adventures supply clients with suitable protective gear, however clients can choose to wear their own safety equipment as long as it meets international safety standards. Beyond Action Adventures and its service providers take no responsibility for clients failing to wear the required safety gear or follow the directions of the supervising staff. Clients choosing to undertake activities with or without supervision do so entirely at their own risk and fully accept that such activities may carry the risk of injury or death.
Physically and mentally capable:
It is your responsibility to advise Beyond Action Adventures of any pre-existing medical conditions that might reasonably be expected to increase the risk of you requiring medical attention, or that might affect the normal conduct of your experience or activity and the enjoyment of other party members. You may be required to provide an assessment of your medical condition from a qualified medical practitioner if requested by Beyond Action Adventures guides, employees or suppliers. Beyond Action Adventures reserves the right, at its discretion, to cancel your booking and refund the money paid by you, less any unrecoverable costs.
Beyond Action Adventures also reserves the right to cancel your participation in an activity at any time, including after the commencement of your activity, with no right of refund if your medical condition could be reasonably expected to affect the normal conduct of the activity or pose to yourself or others.
Endurance, Health and Fitness:
Many of our experiences require a certain amount of walking, hiking, kayaking, or other physical activity to visit the featured sites. Generally, the activity is moderate however at times it can be over rocky or unstable surfaces, sometimes involving steep ground and excessive heat. If you have any doubts about the content of your experience please discuss your needs with us before you book. Beyond Action Adventures reserves the right, at its discretion, to cancel your booking and refund the money paid by you, less any unrecoverable costs, if it is deemed that you are not suitable for the experience booked.
If you have any complaint about your experience or activity, you must make it known at the earliest opportunity to the Beyond Action Adventures guide, who will, where possible, take appropriate action. If you are not satisfied with their response and feel your enjoyment is likely to be significantly affected you should notify us in writing and we will do our best to resolve the problem. If, at the end of the experience, you feel your complaint has not been properly dealt with you must notify us in writing within 30 days of the end of your experience.
You agree that Beyond Action Adventures may use images of you taken during your trip without recourse to you and without compensation to you, for publicity and promotion purposes only through whatever medium it chooses.
Your personal information is collected only to enable us to provide you with the services you wish us to provide. The information may be disclosed to or collected on our behalf by our service providers to enable the services to be provided, but will not be used by them for any other purpose. The products or services may not be provided without this information. The information may also be used to inform you of additional products and services, which may be of interest to you.
All reasonable information, which we collect, will be kept confidential to the best of our ability.
Beyond Action Adventures will not disclose personal information such as your name, address, telephone number to any person outside of the organization, unless you have authorized us to do so or unless required by law to disclose such information. Furthermore, under no circumstances will Beyond Action Adventures sell or lease or in any other way provide personally identifying information to any third party.
This contract and all matters arising from it are subject to the laws of the United Arab Emirates and UAE courts only will have jurisdiction over any dispute arising under this contract.