The Fine & Country Foundation. Terms and Conditions of the Kilimanjaro Trek

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Annice Peters
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1 The Fine & Country Foundation Terms and Conditions of the Kilimanjaro Trek 1. Definitions 1.1 We, our and/or the Foundation refers to The Fine & Country Foundation with registered charity number You, your and/or the Participant refers to the individual attending the Kilimanjaro trek and any individuals for whom you are responsible, including anyone attending who is under the age of The Private Tour Group refers to the individuals attending the Kilimanjaro trek, along with members of The Fine & Country Foundation and Exodus Travels. 1.4 The Airport refers to any pre-arranged departing Airport, confirmed by Exodus Travels, for the Kilimanjaro trek. 1.5 Pre-arranged flight refers to the return flights from the Airport, to Kilimanjaro International Airport. 1.6 Flight inclusive package refers to arranging and booking return flights, accommodation after leaving the Airport on 7 th October 2019 until your return to the Airport on 16 th October 2019, trek guides, kit bag for up to 15 kilogrammes, all breakfasts, six lunches and five dinners, transport between Arusha, Marangu, Rongai and Kilimanjaro International Airport by private bus or 4WD vehicles, depending on the number of people in the group. 1.7 Land-only package refers to the accommodation from Marangu on 7 th October 2019 until return to Marangu on 15 th October 2019, trek guides, kit bag for up to 15 kilogrammes, all breakfasts, six lunches and five dinners, transport between Arusha, Marangu, Rongai and Kilimanjaro International Airport by private bus or 4WD vehicles, depending on the number of people in the group. 1.8 Personal Data refers to information relating to an identified or identifiable natural person, including personal data as defined in the applicable Data Protection Legislation. 2. Confirming your place 2.1 You acknowledge: a) The Flight inclusive package will cost 2,829 per person on a twin-share basis, subject to flight availability. Single accommodation consisting of hotels and tent nights has an additional charge of 285 per person. b) The Land-only package will cost 1,979 per person on a twin-share basis. Single accommodation consisting of hotels and tent nights has an additional charge of 285 per person. 2.2 To confirm your place on the Kilimanjaro trek, we will ask for a deposit of which is provided in clear funds and non-refundable

2 2.3 The remaining balance of the payment of 2, for the Flight Inclusive Package and 1, for the Land-only Package will be paid by no later than 12 th August If I am unable to go on the expedition, I understand my deposit and trek payment are non-refundable unless The Fine & Country Foundation is able to find an appropriate replacement which the Fine & Country Foundation has no obligation to source. 2.5 If the Fine & Country Foundation has not received your balancing payment by 12th August 2019 in accordance with paragraph 2.3, you acknowledge and agree The Fine & Country Foundation reserves the right to offer the place to somebody else without notice to you. 3. The Flight 3.1 I understand The Private Tour Group is invited to join the pre-arranged flight inclusive package by Exodus Travels and strictly subject, in addition to these Agreement terms, to their terms and conditions. 3.2 I understand if I have booked a Land-only package, I am entirely responsible for booking my own flights and arranging my own airport transfer and all costs and expenses associated with the same. 3.3 You must be in possession of valid travel documents, including a passport valid for a minimum of six months after the date of travel, and any Visas and have all necessary rights and entitlements to travel, including vaccinations or other certificates required for the whole of the trip. 3.4 Every Participant shall be responsible for any consequences of not adhering to these conditions, including any travel cancellation and any associated costs and expenses arising from the same. 4. Travel Insurance 4.1 I understand I must have adequate and appropriate travel insurance booked before I board my flight on 7 th October I understand the travel insurance must be valid until my return flights lands on 16 th October Vaccinations 5.1 I understand it is a condition of this agreement, I may need travel vaccinations before the trek and will ensure I am up to date with all required vaccinations. 5.2 I understand any failure to comply with these terms and conditions may result in the inability for me to attend the trip. 6. Responsibility 6.1 You are entirely responsible for assessing, preparation and maintenance of your wellbeing, including training, fitness, hygiene and personal welfare before, during and after the trek. 6.2 You must declare any pre-existing health problems or injuries before the flight on the 7 th October 2019 and failure to do so may result in being excluded from the trek with no refund provided.

3 6.3 I understand that if I do have a pre-existing health problem, I must consult Doctor for written approval before attending the trek. 6.4 I will drink alcohol responsibly whilst on the trek and will take into consideration any health problems I have which may be exacerbated by alcohol consumption, especially when climbing Mount Kilimanjaro. I understand failure to do so may result in being excluded from the trek with no refund provided. 6.5 I understand I must behave prudently, sensibly, appropriately and with respect to me and others and if I disrupt, cause offence or disturb any other member of the party, other than by accident, then I may be asked to leave and no refund will be made. 6.6 The Fine & Country Foundation and Exodus Travels will not be held responsible for any expenses for your return home. 6.7 In the event I choose to retire early from the tour due to ill-health or any other personal reason, The Fine & Country Foundation cannot be held responsible for the credit of any unused services. 7. Amendments 7.1 The Foundation reserves the right to review and amend this agreement from time to time. You will be notified of any changes. 8. General 8.1 Failure to abide by this agreement will result in exclusion from the trip with no refund provided. 8.2 No variation to the agreement of the Kilimanjaro trek will be effective and binding unless confirmed in writing and signed by both The Fine & Country Foundation and you. 9. Liability 9.1 I freely acknowledge, accept and assume the risk which may arise from my participation in the trek (including, but not limited to other risks that are not known or not reasonably foreseeable). Without limitation to such risks I acknowledge the trek takes place in a high altitude area which can create real risks of ill-health and/or death. 9.2 This assumption of risk applies to all risks of personal injury, death, loss or property damage that result from my own actions, inactions, active negligence or passive negligence or the actions, inactions, active negligence or passive negligence of the Private Tour Group or those of others (which may include negligent rescue operations or any other negligent acts, including those not in connection with the trek), the conditions of the premises and of any equipment used in connection with the trek. 9.3 I irrevocably release, waive, discharge and promise not to sue The Foundation and/or Exodus Travels, to the maximum extent permitted by law, for the all claims, liability, injury, death, losses or damages to my person or property arising from, attributable to or in connection with me participating in the trek. 9.4 I understand and agree for this document to cover, to the maximum extent permitted by law, without limitation:

4 9.4.1 all damages for personal injuries, mental distress, wrongful death, loss of consortium, loss of wages, loss of earning power or capacity, income or other pecuniary loss, medical and hospital bills, any other related expense or cost, and any and all property damages; all such injuries and damages, even if caused by the fault or negligence, in whole or in part, of The Foundation themselves, their employees, agents or representatives, or their contractors, subcontractors, agents, employees and representatives; and all such injuries and damages, however caused, even if I claim or contend they were caused in whole or in part by a dangerous or defective condition of the facilities or equipment. 9.5 This document is intended to be as broad and inclusive as permitted by law, and if any portion is held to be invalid, illegal or unenforceable under applicable law, the Participant agrees that such provision shall be interpreted or amended to the limited extent necessary to make such provision enforceable and to give effect to the intent of the document. If no such interpretation or amendment is possible, than the unenforceable term shall be severed from this document, and shall not affect the validity and enforceability of the remaining terms. 9.6 Nothing in this agreement is intended to exclude or limit liability which causes personal injury as a consequence of negligent performance and any other liability which cannot be excluded as a matter of law. 10. Governing Law and Jurisdiction 10.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the law of England and Wales The parties to this agreement irrevocably agree the Courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims). 11. Privacy 11.1 No details of credit/debit or switch cards will be held on file by The Fine & Country Foundation, in the way of electronic software accounts packages or computer storage devices, after 28th October Any other Personal Data will be used in accordance with Data Protection Legislation in England and Wales. For more information on this, please visit our Privacy Policy Complaints Procedure 12.1 Whilst in transit or on the trek, if a complaint arises, please consult the Group Guide or Charlotte Schofield. Reasonable endeavours will be used to resolve the complaint at the current time of transit If the complaint is not resolved, please forward us your complaint within seven days of the completion of the trek, 2nd November You can send it to:

5 The Fine & Country Foundation, 121 Park Lane, Mayfair, London, W1K 7AG 12.3 We will endeavour to respond to your complaint within 28 days of the receipt of your letter Please complete, sign and date this Terms & Conditions acceptance form for The Fine & Country Foundation s trek to Mount Kilimanjaro and return the document either by to charlotte.schofield@fineandcountry.com. On behalf of (participant) I sign to confirm my acceptance of this agreement. Name: Signature: Date:

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