Booking Conditions
A. DEFINITIONS AND INTERPRETATION
The following terms and conditions (the “Booking Conditions”) apply to all Applications made by Volunteers and any subsequent Placements. Please take time to read them carefully, as they are written to protect your interests. You are bound by the Booking Conditions, herein set out, upon The Leap’s receipt of your Deposit Fee and your Consent Form signed by you or on your behalf by your parent or guardian. You should accept these terms only if you have carefully read and understood the contents. Please note there may be additional conditions which apply to individual Placements. These will be set out on the relevant Placement Guidelines. Your contract further to your acceptance of the Booking Conditions is with The Leap Overseas Limited (herein referred to as “The Leap”), a company registered in England and Wales with company number 04383531 whose registered office is at Flemming Court, Eastleigh, Hampshire, S050 9PD.
1. In these Booking Conditions the following words and phrases shall have the following meanings:
"Application" means the application made by the Volunteer for a Placement subject to the Booking Conditions and the Placement Guidelines;
"Application Form" means The Leap’s application form, to be completed by the Volunteer;
"Briefing and Training Course" means the course The Leap arranges for Volunteers on which Volunteers are provided with information as to the nature of Placements and during which The Leap will assess the suitability of the Volunteer for participation in a Placement;
"Brochure" means The Leap’s brochure and associated literature setting out the details of the Placements and the related Projects which form part of the Scheme; and to which the Application Form is attached;
"Consent Form" means the form issued to the Volunteer by The Leap on the Volunteer returning the Application Form completed to the satisfaction of The Leap, through which the Volunteer (and if necessary the Volunteer's parent or guardian) shall confirm their consent to and acceptance of a Placement subject to the Booking Conditions and the Placement Guidelines;
"Departure Date" means the Date on or before which the Volunteer must have commenced travelling to their Placement, as specified in the Placement Guidelines;
"Deposit Fee" means the fee of £100 which covers the registration of the Volunteer by The Leap; the reservation of the Volunteer's Placement and his participation in the Briefing and Training Course or Interview and which is non returnable except in circumstances of the operation of clause 3.6;
"Destination Country" means the country in which the Volunteer’s chosen Placement is located;
"Force Majeure Events" mean events beyond the control of The Leap, including (but not limited to): minimum Volunteer numbers not being achieved, material breach of contract by the Work Placement host, Work Placement Host insolvency or business failure, criminal or fraudulent activity by the Work Placement Host or other third parties (including kidnapping), United Kingdom Government travel restriction or ban, strikes, lock-outs, severe currency fluctuations, war, terrorism, civil disturbance, fire, explosion or accidental damage, collapse of building structures, interruption or failure of utility services, government action, United Kingdom Foreign Office travel restrictions and bans, flight cancellation, travel restriction and natural or environmental disaster;
"Final Payment" means the payment of the balance of the Placement Cost;
"Interview" means the interview arranged between the Volunteer and The Leap where the Volunteer is not able to attend the Briefing and Training Course, and provides The Leap with a satisfactory reason (at the discretion of The Leap) for such non attendance, and through which The Leap will assess the suitability of the Volunteer for participation in a Placement;
"Nominated Placement" shall have the meaning given in clause 3.1;
"Placement" means the opportunity to take part in a Project forming part of the Scheme provided to a Volunteer on the Volunteer being deemed suitable for participation by The Leap or further to the operation of clauses 11 or 14 and in return for the Volunteer’s payment in full of the Placement Cost according to the schedule for payment as defined by clause 10 of the Booking Conditions;
"Placement Location" means the location at which the Volunteers will be based for the duration of the Placement;
"Placement Cost" means the fees payable by the Volunteer to The Leap in respect of the Placement;
"Placement Guidelines" means the advice, instructions and guidelines in respect of the Volunteers chosen Placement issued by The Leap to the Volunteer on The Leap’s receipt of the Volunteer’s satisfactorily completed Application Form;
"Project" means the Project, forming part of the Scheme in which the Volunteer may participate subject to the terms of the Volunteer’s Placement;
"Schedule for Transfer" means the arrangements made by The Leap for transport of Volunteers to their respective Placements;
"Scheme" means the Projects and Placements organised and managed by The Leap as advertised in the Brochure;
"Second Payment" means the payment of £500, which covers planning and administration expenses incurred by The Leap in respect of the Placement;
"The Leap's Values" means the Leap's Values as referred to in the Placement Guidelines and published on The Leap's website from time to time;
"Work Placement Host" means the company, body or individual who manages the Project at which the Volunteer is placed subject to the Placement; and
“Volunteer” or “You” means the subject of the Application and the person named on the Consent Form as the Volunteer.
2. Words denoting the singular shall include the plural number and vice versa and words denoting the masculine gender shall include the feminine and neuter genders.
3. The word "including" shall be construed without limitation.1
B. CONDITIONS
1. Age
1.1 Volunteers must be 18 years old or over at the Departure Date, unless expressly agreed otherwise by The Leap. Each Volunteer will certify his age on the Application Form and The Leap accepts such certification in good faith. The Leap reserves the right to cancel any Volunteer’s Application or terminate the Volunteer's Placement, if it has already begun, without any refund of any of the Placement Cost at that point paid in respect of the Volunteer’s Placement in the event that The Leap establishes that such certification was falsely provided.
1.2 Where the Volunteer is less than 18 years old on signing the Consent Form, the Volunteer’s parent(s) or guardian will be required to countersign the Consent Form thereby accepting the Booking Conditions and in so doing agreeing to authorise The Leap to act in loco parentis for the Volunteer for the duration of the Volunteer's participation in the Scheme.
2. Health
2.1 All Volunteers shall certify on the Application Form that they are of sufficient good health to take part in and complete a Placement.
2.2 Any Volunteer with a pre-existing or existing medical condition, illness, psychological/psychiatric illness (including depression and / or an eating disorder) serious behavioural issues, criminal conviction or disability or who is undergoing any sort of medical treatment will disclose to The Leap full particulars of the same on the Application Form. The Leap reserves the right to refuse any Application as a result of any such disclosure, and The Leap's decision in these circumstances shall be binding and final. Failure to make such disclosure on the Application Form in full shall constitute a material breach of the Booking Conditions. The Leap will not be liable for any loss caused to the Volunteer or third parties by the Volunteer's pre-existing illness or injury, or any other condition listed above which the Volunteer has failed to disclose in full on the Application Form. Any failure to disclose any of the above conditions or circumstances will entitle the Volunteer to terminate the Volunteer’s Placement without further notice or liability to the Volunteer.
2.3 The Volunteer shall immediately disclose to The Leap details of any medical condition, illness, psychological/psychiatric illness (including depression and / or an eating disorder), serious behavioural issues, criminal conviction or disability, which arises before the Departure Date and after the receipt of the Volunteer’s Application Form by The Leap. The Leap reserves the right to cancel the disclosing Volunteer’s Application as a result of any such disclosure without refund of any of the Placement Cost thus far paid by the Volunteer and The Leap’s ruling in such circumstances shall be binding and final.
2.4 The Leap reserves the right to either refuse the Volunteer's Application or terminate the Volunteer's Placement without a refund of any of the Placement Cost thus far paid in respect of the Volunteer’s Placement, in the event that The Leap establishes that:
2.4.1 the Volunteer has, in The Leap's reasonable opinion, falsely certified that he is of sufficiently good health to complete a Placement; and/or.
2.4.2 any disclosure made by a Volunteer in respect of their pre-existing or existing medical condition has been misleading, inaccurate or incomplete.
2.5 Any information provided by The Leap regarding health issues is given in good faith and can only constitute a general overview of the health hazards and requirements relevant to the Placement. As a result it is no substitute for specific and detailed medical advice and the Volunteer is accordingly advised to obtain such advice prior to the Departure Date.
2.6 All Volunteers must take all inoculations or medication within the requisite period before departure and during their Placement (as appropriate) as set out in the Placement Guidelines and should take advice from their GP or doctor as to additional inoculations or medication which their GP or doctor advises are necessary for them individually and/or advisory for the itinerary. The Leap reserves the right to:
2.6.1 inspect any Volunteer’s vaccination book at any time and/or
2.6.2 to cancel any Volunteer's Application and
2.6.3 or terminate the Volunteer’s Placement without refund of any Placement cost thus far paid by the Volunteer in the event The Leap establishes that the Volunteer in question has not received all the requisite inoculations or medication as set out in the Placement Guidelines.
The Volunteer will be responsible for the payment of all costs associated with any inoculations or medications he is required to obtain prior to commencing a Placement, in order to take part in such Placement.
2.7 If, in the opinion of the medical staff of The Leap or the Work Placement Host (whose judgment in this matter shall be binding and final), the Volunteer's health deteriorates from time to time during the course of the Volunteer's Placement, or is adversely affected by activities which form part of the Placement, The Leap reserves the right to:
2.7.1 require the Volunteer to cease to or not participate in some or all of the activities available; and/or
2.7.2 terminate the Volunteer's Placement and repatriate the Volunteer to his country of origin, if in the reasonable opinion of The Leap the Volunteer's health and safety (or the health and safety of others) is sufficiently endangered by the Volunteer's continuing presence on the Placement.
2.8 If The Leap terminates the Volunteer's Placement further to clause 2.8.2 above, The Volunteer shall not be entitled to be compensated in respect of the unexpired portion of his Placement, but shall be entitled to make a claim under any operative travel insurance policy the Volunteer may have in place.
2.9 All Volunteers should be aware that general standards of health, safety and hygiene in the countries to be visited will not be comparable to UK standards and of the risk of injury, fatigue and disease inherent in an expedition of this kind.
3. Selection
3.1 All Volunteers shall commence their Application by completing the Application Form and submitting it to The Leap. The Volunteer shall indicate his first choice Placement and shall nominate an alternative Placement (the "Nominated Placement") of the same or similar duration to the Volunteer's first choice Placement in completing the Application Form. Should the Application Form either:
3.1.1 be unsatisfactorily completed (at the discretion of the Leap); or
3.1.2 indicate that the Volunteer the subject of the Application Form is (in The Leap's sole opinion) unsuitable for participation in the Scheme The Leap reserves the right to reject the Volunteer’s Application Form.
3.2 On its receipt and acceptance of the Application Form, The Leap will provide the Volunteer with:
3.2.1 a letter confirming the Placement itinerary, the Placement Cost and The Leap's required schedule for payment;
3.2.2 the Placement Guidelines;
3.2.3 the Consent Form; and
3.2.4 an invoice for the Deposit Fee.
3.3 On The Leap’s receipt of the duly completed Consent Form and the Deposit Fee (in cleared funds) from the relevant Volunteer, which must be received by The Leap no later than 14 days after The Leap’s issue of the same, The Leap will provide the Volunteer with a letter:
3.3.1 acknowledging and accepting its receipt of the Deposit Fee;
3.3.2 providing the Volunteer at least one opportunity to complete the Briefing and Training Course and providing details of the circumstances in which the Interview will be available to the Volunteer; and
3.3.3 acknowledging the Volunteer’s offer to participate in the Scheme subject to his successful completion of the Briefing and Training Course or Interview.
3.4 All Volunteers are required to complete the Briefing and Training Course, unless The Leap agrees otherwise, in which case the relevant Volunteer shall complete the Interview. The Leap will not excuse a Volunteer from completion of the Briefing and Training Course unless the Volunteer provides The Leap with a reason for non-attendance, which is adjudged by the Leap (whose decision shall be final and binding on the Volunteer)as satisfactory.
3.5 The Leap shall assess the Volunteer’s suitability for participation on the Scheme during the Briefing and Training Course or Interview. The Leap’s judgment as to the suitability of a Volunteer for participation in the Scheme shall be binding and final. The Leap will inform the Volunteer whether The Leap views the Volunteer as suitable for participation on the Scheme within 14 days of the Volunteer’s completion of the Briefing and Training Course or Interview, and will issue the Volunteer with a letter confirming its view as to the suitability of the volunteer for participation in the Scheme.
3.6 If The Leap finds a Volunteer unsuitable for participation in the Scheme, subsequent to and as a result of the Volunteers completion of the Briefing and Training Course or the Interview, The Leap will refund the Deposit Fee to the Volunteer and shall have no further liability to the volunteer.
4. Travel Documents
4.1 It is the Volunteer’s responsibility to comply with such visa, passport and other travel documentation requirements as are necessary for the Volunteer’s travel to and stay in the Destination Country and The Leap will not be responsible for any Volunteer’s failure to comply with such requirements.
4.2 The Leap will provide information and advice with regard to the travel documents required by the Volunteer travelling to the Destination Country on the Volunteers request but will not be held liable for any refunds, expenses, losses and consequential losses or otherwise having provided such information and advice in the event that the Volunteer is expelled to their home country for not having the correct visa or permit at any point during the Placement.
4.3 The Leap may (at its sole discretion) assist the Volunteer in returning to his country of origin if the Volunteer is expelled from the Destination Country in the circumstances set out in clause 4.2, provided that the Volunteer will be liable to reimburse The Leap within 14 days of their return to their country of origin for any expenses incurred by The Leap in doing so.
5. Air Travel
5.1 The Volunteer is free to arrange their own air travel but must confirm their air travel arrangements with The Leap prior to booking the same.
5.2 The Volunteer must provide The Leap with proof of purchase and payment in full in respect of suitable air travel tickets to the Destination Country at least 60 days prior to the Departure Date.
5.3 On the Volunteer’s arrival at the Destination Country.
5.3.1 The Volunteer’s arrival coincides with The Leap Schedule for Transfer.
5.3.2 The Volunteer arrives in the country of origin at the airport specified in the Placement Guidelines as suitable for travel to the relevant Placement.
The Leap will provide transport to enable the Volunteer to travel to their Placement once the Volunteer has arrived in the Destination Country, to the extent it is reasonably practicable for the Leap to do so. In circumstances where the Volunteer's arrival is not in accordance with clauses 5.3.1 and 5.3.2 above, the Volunteer shall be responsible for his travel to the Placement location and shall pay any and all of The Leap's additional costs incurred in assisting the Volunteer in travelling in the Destination Country and to their Placement, should the Leap agree to provide such assistance (which shall be provided at the Leap's sole discretion).
5.4 If the Volunteer does not arrive in the Destination Country within 5 days of the Departure Date, unless The Leap expressly agree otherwise the volunteer shall be deemed to have cancelled his Placement and clause 12.4 shall apply.
6. Insurance
6.1 The Leap requires that Volunteers take out comprehensive insurance policies covering all risks connected with Force Majeure Events. The Leap encourages Volunteers to arrange their travel insurance with Global Travel Insurance Limited, The Leap's recommended insurance brokers, who provide appropriate policies covering the risks specified in clause 6.3 as well as those related to Force Majeure Events.
6.2 The Volunteer must provide The Leap with proof of valid and adequate personal travel insurance cover in respect of their Placement (at the discretion of the Leap bearing in mind the circumstances of the Volunteer's Placement no less than 60 days prior to the Volunteer's Departure Date, covering the Volunteer in respect of at least the risks specified in clauses 6.1 and 6.3 and at the level set out, and to the satisfaction of The Leap (whose judgement as to the adequacy of the Volunteer's insurance policy shall be binding and final).The Volunteer's failure to provide such proof of insurance shall entitle to The Leap to view the Volunteer as having cancelled his placement and in such circumstances clause 12.4 shall apply. The Leap accepts no liability for any deficiencies in the Volunteer's insurance policy.
6.3 The Volunteer's insurance policy must cover the Volunteer in respect of the Volunteer’s personal accident and medical expenses to a minimum level of £2million and shall cover the Volunteer's costs in circumstances of medical air rescue up to a minimum level of £2 million
7. Placement
7.1 The Brochure and Placement Guidelines are indicative as to the facilities and activities which will be made available to the Volunteer during the course of the Placement. The nature and extent of the facilities and activities which can be made available to you during your Placement are subject to a number of factors out of The Leap’s control, which are more clearly described in the Placement Guidelines.
7.2 During the Placement, management and support will be provided to the Volunteer by The Leap and the Work Placement Host, for the period of the Placement as described in the Brochure and Placement Guidelines.
7.3 Where possible, The Leap will use reasonable endeavours to assist the Volunteer with the Volunteer’s independent travel after the termination of the Volunteer’s Placement, where the Volunteer is travelling in the same country as the Placement.
8. The Leap's liability
8.1 The Volunteer acknowledges that Placements are located in Destination Countries, which are from time to time the subject of instability and upheaval. The Volunteer is expected to keep himself appraised of the general situation in the Destination Country of his chosen Placement and himself assess the risks of going to the Destination Country; reporting any concerns he has to The Leap and/or the Foreign Office. The Volunteer understands and accepts that that the Placement will involve elements of risk and that there are potential hazards involved, including (but without limitation) the possibility of injury, disease, discomfort, criminal activity, kidnapping, delay and loss of or damage to property. The Volunteer also acknowledges that The Leap has advised the Volunteer to take out appropriate insurance cover in respect of such risks.
8.2 Accordingly, the Volunteer agrees and accepts that:
8.2.1 the Volunteer's completion of their Placement is entirely at their own risk;
8.2.2 The Leap shall not be liable for any damage or loss caused to the Volunteer or his property which is attributable in any way to a Force Majeure Event; and
8.2.3 nothing in these Booking Conditions limits or excludes the liability of The Leap for death or personal injury caused to the Volunteer resulting from The Leap’s negligence; or for any damage or liability incurred by the Volunteer as a result of fraud or fraudulent misrepresentation by The Leap.
8.4 The Leap shall not be liable for any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses caused to a Volunteer or any other party connected with the Volunteer who may have paid some or all of the Volunteer’s Placement Costs in any circumstances, howsoever such losses, costs, damages, charges or expenses are caused or incurred.
8.5 Except in the circumstances referred to in clause 8.2.3, The Leap's liability in any event, and howsoever incurred, shall be limited to the full price paid by the Volunteer for the Placement.
8.6 For the avoidance of doubt, The Leap shall not be responsible for the actions or omissions of the Volunteer, or any liability, personal injury or loss of property caused to the Volunteer while the Volunteer is engaged in any activity:
8.6.1 not organized or supervised by The Work Placement Host; or
8.6.2 which does not form part of the programme of activities in which the Volunteers is entitled to participate further to his Placement.
8.7 The Leap cannot and does not accept any liability for the actions or omissions of any third party providers of goods or services who may be engaged to provide goods or services in relation to the Volunteer’s Placement; and for the avoidance of doubt, The Leap shall have no liability to the Volunteer in relation to the activities of the Work Placement host (to the extent the same do not fall to be defined as Force Majeure Events.
8.8 Where the Volunteer’s Placement involves transportation (including (but not limited to) a flight or ferry crossing), the relevant transport company’s conditions of carriage will apply directly to the Volunteer and do not form part of the contractual arrangements between you and The Leap.
9. Obligations of Volunteers
9.1 The Volunteer has carefully read and understood the Placement Guidelines and understands The Leap’s Values and what is expected of Volunteers. Accordingly the Volunteer agrees to and shall:
9.1.1 co-operate fully with and explicitly follow without delay all reasonable instructions given from time to time by The Leap, its directors, employees, contractors or agents or associates;
9.1.2 act in a reasonable and responsible manner towards himself and or to those who come into contact with him during the course of the Placement;
9.1.3 wholly commit to and work hard towards the successful completion of the Project throughout the course of his Placement;
9.1.4 obey local laws and regulations operative in and observe and respect local customs applicable in the Destination Country and region of the Project;
9.1.5 act in a peaceful and respectful manner to all persons, animals, plants and the environment;
9.1.6 fully reimburse The Leap for any damage to its or its agents or associates equipment caused by the Volunteer's misuse of the same;
9.1.7 adhere to The Leap's Values, the relevant Placement Guidelines and to carefully adhere to any further advice, briefings and guidelines issued by The Leap, its employees, contractors, agents or associates.
9.2 If the Volunteer materially fails to adhere to any obligation in clause 9.1 during the duration of the Volunteer's Placement, The Leap shall be entitled to:
9.2.1 provide the Volunteer with a written warning in respect of his behaviour in breach of clause 9.1, advising the Volunteer that the Volunteer has failed to comply with obligations as set out therein, and that if he does not alter his behaviour appropriately, The Leap reserves the right to terminate the Volunteer's Placement immediately and without refund and repatriate the Volunteer; and/or
9.2.2 terminate the Volunteer's Placement immediately and without refund; and repatriate the Volunteer.
9.3 The Volunteer shall indemnify The Leap for any costs, expenses, fines or financial penalties incurred or paid by The Leap as a result of the Volunteer’s breach of his obligations as set out in clause 9.1.
9.4 For the avoidance of doubt, if The Leap has reason to believe that the Volunteer has taken (other than as prescribed to the Volunteer by their GP or doctor), sold or distributed drugs which are illegal in the United Kingdom, The Leap shall immediately terminate the Volunteer's Placement and shall repatriate the Volunteer. If applicable the parents or guardian of the Volunteer shall be informed of the circumstances of the termination of the Volunteer’s Placement as soon as possible.
9.5 The decision of The Leap its directors, employees, contractors, agents and associates regarding any matter in respect of this clause and regarding the Volunteer's Placement is final.
10. Payment
10.1 The Volunteer is required to make the following payments at the following times unless expressly agreed otherwise by The Leap:
10.1.1 within 14 days of The Leap receiving the completed Consent Form, the Volunteer must pay the Deposit Fee;
10.1.2 not less than 180 days prior to the Departure Date the Volunteer must pay the Second Payment;
10.1.3 not less than 60 days prior to the Departure Date the Volunteer must pay the Final Payment.
10.2 In the event that The Leap does not receive:
10.2.1 the Deposit Fee; or
10.2.2 the Second Payment and Final Payment in full when due; The Leap shall be entitled to deem the Volunteer as having cancelled his Placement, and in such circumstances, clause 12.4 shall apply.
10.3 If you are 18 years old or over and have signed the Consent Form, you are responsible for the payment of the Deposit Fee, the Second Payment and the Final Payment. If you are under 18, the person who has countersigned the Consent Form on your behalf is responsible for making such payments in accordance with these Booking Conditions.
10.4 Where any payment is made by us on your behalf in foreign currency (other than pounds sterling) or in sterling drawn on a foreign bank, we reserve the right to pass on to you any bank charges we may incur in full.
10.5 Transport to and from the interview or Briefing and Training Course and to and from the airport in the UK is at the Volunteer’s expense.
11. Alterations or Cancellation by The Leap.
11.1 The Volunteer understands and accepts that due to the nature of the Projects, the advertised details of the Placements offered by The Leap are subject to alteration, and are to be viewed as indicative only. Accordingly, and for the avoidance of doubt, The Leap, shall be entitled to make such reasonable alterations to the advertised details of Placements as it deems necessary, (either before or after the Departure Date), including postponing the Departure Date in respect of the Volunteer's Placement by up to 30 days, or making such alterations to the advertised itinerary of a Placement as it deems reasonably necessary. While The Leap will use all reasonable endeavours to assist the Volunteer in these circumstances, such alterations by The Leap shall not entitle the Volunteer to cancel their participation in the Scheme, or a refund of all or any part of the Placement Cost.
11.2 Occasionally, due to the application of a Force Majeure Event or Force Majeure Events, The Leap may be forced to either cancel the Volunteer’s Placement prior to the Departure Date, or postpone it for more than 14 days. Should The Leap decide to cancel or postpone the Volunteer's Placementin these circumstances The Leap's decision shall be binding and final.
11.3 If The Leap is forced to cancel or postpone the Volunteer's Placement as set out in clause 11.2, The Leap shall provide written notice to the Volunteer of the postponement or cancellation of his Placement, providing details of the reasons for such postponement or cancellation . If such notice is received by the Volunteer more than 30 days prior to the Departure Date the Volunteer shall be entitled to a refund of the Placement Cost thus far paid by the Volunteer, in accordance with clause 11.6. In such circumstances The Leap shall, providing The Leap considers that the Volunteer in The Leap's sole judgment is suitable for participation in such Placements, use all reasonable endeavours to also offer the Volunteer the alternative of participating in any of the following:
11.3.1 the Volunteer's first choice Placement, commencing as and when such participation becomes available or at a mutually convenient time (the "Deferred Placement"); or
11.3.2 the Nominated Placement either on a deferred basis (to commence at a mutually convenient time) or to commence on or around the same date as the Volunteer's first choice Placement was scheduled to commence; or
11.3.3 where participation in either the Deferred Placement or the Nominated Placement is not available to the Volunteer, an alternative Placement of a similar nature and duration as the Volunteer's first choice Placement (the "Alternative Placement") to commence either on or around the same date as the Volunteer's first choice Placement or on a deferred basis (at a mutually convenient time).
11.4 Where The Leap is forced to cancel or postpone the Volunteer's Placement as set out in clause 11.2 and The Volunteer agrees to participate in one of the Placements listed in clause 11.3 (the "Substitute Placements"):
11.4.1 the Volunteer shall no longer be entitled to a refund of any of the Placement Cost paid in respect of the Volunteer's cancelled or postponed Placement;
11.4.2 any refund to which the Volunteer would have been otherwise entitled (subject to clause 11.6) shall be set against the Placement Cost in respect of the Volunteer's chosen Substitute Placement;
11.4.3 The Volunteer's participation in the Substitute Placement shall then be subject to his payment of any remaining Placement Cost payable in respect of the relevant Substitute Placement as and when The Leap shall require such payment to be made, but in any event all additional costs payable by the Volunteer in respect of the Substitute Placement shall be paid prior to 14 days before the Departure Date in respect of that Placement. This will include (if applicable) any sums already paid by The Leap to the Work Placement Host and other applicable service providers in respect of the Volunteer's cancelled Placement, which is not retrievable by The Leap.
11.5 If The Leap is forced to cancel or postpone the Volunteer's first choice Placement as set out in clause 11.2 less than 30 days prior to but before the Departure Date, the Volunteer shall be only entitled to a refund in accordance with clause 11.6 in respect of their cancelled or postponed Placement and shall not be entitled to a Substitute Placement.
11.6 If The Leap cancels or postpones the Volunteer's Placement as set out in clause 11.2 or the Volunteer becomes otherwise entitled to a refund further to the terms of this Agreement, The Volunteer shall be entitled to be refunded the sum of the Placement Cost paid by the Volunteer at the time of the Volunteer's receipt of The Leap's notice of the cancellation of The Placement less:
11.6.1 the Deposit and Second Payment;
11.6.2 The Leap's reasonable administrational costs incurred thus far;
11.6.3 the value of any benefits or services the Volunteer has thus far received from The Leap; and
11.6.4 any sums already paid by The Leap to the Work Placement Host and other applicable service providers in respect of the Volunteer's cancelled Placement, which are not retrievable by The Leap without recourse to legal proceedings.
11.7 While The Leap will do all it can to assist the Volunteer in circumstances of it having to cancel or alter a Volunteer’s Placement after the Departure Date due to a Force Majeure Event or Events:
11.7.1 The Leap will not be liable for any costs incurred by the Volunteer in returning to his country of origin or any unscheduled costs brought about by a Force Majeure Event or Force Majeure Events including (but not limited to) air evacuation, transport, food, alternative accommodation, medical care and repatriation which if owed to The Leap, will be paid to The Leap within 14 days of such costs being incurred.
11.7.2 the Volunteer shall not be entitled to a refund of any of the Placement Cost in respect of his Placement; and
11.7.3 the Volunteer shall be entitled to make a claim under any operative travel insurance policy the Volunteer may have in place.
11.8 The Volunteer’s participation in any Substitute Placement in any circumstances shall remain subject to the Booking Conditions and shall be subject to the Placement Guidelines in respect of such Substitute Placement.
11.9 The Leap shall in no circumstances be liable to any extent in respect of the Volunteer's or the Volunteer's parent(s) or guardian's expenses incurred in relation to the Volunteer's or the Volunteer's parent(s) or guardian's travel to a:
11.9.1 Placement subsequently cancelled or delayed as set out in clause 11.2; or
11.9.2 Substitute Placement which a Volunteer is taking part in pursuant to the operation of clause 11.4.
11.10 Where following a Force Majeure Event either before or after the Departure Date in respect of a Placement, The Leap:
11.10.1 Makes alternations to the advertised itinerary of a Placement; or
11.10.2 alters the nature and format of the scheduled activities forming part of a Placement, The Leap shall have no liability for any additional costs incurred by a Volunteer as a result of such alteration, including (but not limited to) costs related to additional activities, air evacuation, transport, alternative accommodation and additional living expenses.
12. Alterations or Cancellation by the Volunteer
12.1 A request by a Volunteer for an alteration to the details of the Volunteer's Placement will only be considered by The Leap if written notice of such a request is received by The Leap more than 90 days prior to the Volunteer's Departure Date.
12.2 All requests for cancellation of Placements must be made to The Leap in writing.
12.3 The sum of the refund receivable by a Volunteer on a Volunteer's cancellation of his Placement further to clause 12.2 shall be calculated with reference to the table below. If the Volunteer gives notice to The Leap of his wish to cancel their Placement more than 90 days prior to the Departure Date, The Leap may, at its discretion, refund the Volunteer a fair proportion of the Second Payment. In ascertaining what proportion of the Second Payment to refund to the Volunteer, The Leap will take into account the cost of any services the Volunteer has already benefited from.
When notice of cancellation received by The Leap (days prior to the Departure Date)
Refund
More than 90 days
Full refund of the Placement Cost (excluding air travel), after the deduction of the Deposit Fee and the Second Payment.
90 to 60 days
50% of the Placement Cost (excluding air travel) after deduction of the Deposit Fee and the Second Payment.
59 to 31 days
25% of the Placement Cost (excluding air travel) after deduction of the Deposit Fee and the Second Payment.
30 to 0 days
No refund
12.4 Should the Volunteer cancel his Placement or be deemed to have cancelled his Placement further to the terms of these Booking Conditions for whatever reason either:
12.4.1 within 30 days of the Departure Date; or
12.4.2 after the Volunteer has begun the Placement the Volunteer shall not be entitled to a refund of any of the Placement Cost paid by the Volunteer to The Leap prior to his cancellation or the deemed cancellation.
12.5 You shall indemnify us in respect of any costs we may have incurred with third party suppliers in relation to your Placement which will no longer be used or required by you in respect of the Placement in which you take part on account of your cancellation or amendment of your Placement.
12.6 The Leap reserves the right to recover from the Volunteer or the person who has signed the Consent Form on behalf of the Volunteer any expenses The Leap may incur as a result of any late payment of Placement Costs by or on behalf of the Volunteer.
13. Price Guarantee
13.1 The Leap reserves the right to impose surcharges at any time prior to 30 days before the Departure Date in the event of unfavourable movement in exchange rates, increases in transport costs, or taxes, or if government or political action should require us to do so.
13.2 Such surcharges shall be payable by the Volunteer as part of the Volunteer’s Final Payment.
13.3 The Leap will endeavour where possible to keep any surcharge to a maximum of 10% of the price of the Placement.
14. Complaints
14.1 If during the Placement the Volunteer is unsatisfied with any aspect of the Placement, the Volunteer should in the first instance address the matter to the Work Placement Host and/or The Leap. The Leap and/or the Work Placement Host shall then investigate the Volunteer's complaint (the "Complaint") and shall then take such remedial action as they shall deem appropriate to address the Volunteer's dissatisfaction. If the Volunteer fails to promptly bring the Complaint to The Leap's and/or the Work Placement Host's attention, the Volunteer shall not be entitled to issue a claim in respect of the Complaint and The Leap shall have no liability to the Volunteer in respect of the Complaint.
14.2 If the Work Placement Host and/or The Leap is not able to resolve the Complaint to the Volunteer’s satisfaction and The Volunteer terminates his Placement, notwithstanding clause 12.4, The Leap may at its discretion and providing it is appropriate in The Leap's reasonable judgement to do so, offer the Volunteer the opportunity to participate in an alternative Placement, providing participation is available in an alternative Placement which:
14.2.1 is for a duration equivalent or similar to the remaining unexpired portion of the Volunteer’s Placement;
14.2.2 is located in the same continent as the Volunteer's current Placement; and
14.2.3 commences within 14 days of the date on which the Volunteer terminates his current Placement.
14.3 If a Volunteer agrees to participate in an alternative Placement offered to the Volunteer further to clause 14.2, the Volunteer shall be required to pay the full Placements costs in respect of his participation in the alternative Placement and The Leap shall:
14.3.1 not be responsible for any additional costs incurred by the Volunteer or the Volunteer's parent(s) or guardian in travelling to or as a result of the Volunteer participating in the alternative Placement; and;
14.3.2 have no further liability in respect of the Complaint nor any other aspect of the terminated Placement.
14.4 The Leap will provide the Volunteer with details of the circumstances in which it would consider offering the Volunteer the option of participating in an alternative Placement as set out in clause 14.2 during the Briefing and Training Course and/or Interview; and a list of these circumstances can be provided on the Volunteer's request.
14.5 If in the event of the Volunteer terminating his Placement as set out in clause 14.2:
14.5.1 The Leap does not offer the Volunteer an alternative Placement as set out in clause 14.2; or
14.5.2 the Volunteer does not accept The Leap's offer of an alternative Placement further to clause 14.2 The Leap shall arrange for the Volunteer to be repatriated to his country of origin. The Volunteer shall reimburse The Leap within 14 days of the Volunteer's return to the Volunteer's country of origin in respect of any expenses incurred by The Leap in repatriating the Volunteer.
14.6 If, in any event, the Volunteer on his return to his country of origin remains unsatisfied with the resolution of the Volunteer's Complaint, then the Volunteer must notify The Leap of his continued dissatisfaction in respect of the Complaint within 28 days of the termination of their Placement as set out in clause 14.1, giving full details of the Complaint. If the Leap and the Volunteer cannot then settle the dispute to the satisfaction of the Volunteer, the Volunteer must refer the Complaint to a recognised arbitration authority (which shall be an arbitrator recommended by the Year Out Group Limited) within 90 days of the termination of the Volunteer’s Placement whose decision is binding and final.
15. Law and Jurisdiction
15.1 These Booking Conditions, the Consent Form and the Placement Guidelines and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and the courts of England have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Booking Conditions, the Consent Form and the Placement Guidelines.
16. Notice
16.1 All Notice given to The Leap shall be in writing.
16.2 Notice shall be deemed to have been duly and properly given to The Leap:
16.2.1 when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of The Leap; or
16.2.2 when sent, if transmitted by fax or e-mail and a successful transmission report or return receipt is generated; or
16.2.3 on the third business day following mailing, if mailed by national ordinary mail, postage prepaid; or
16.2.4 on the tenth business day following mailing, if mailed by airmail, postage prepaid providing in each case such notice has been properly addressed to The Leap's address, e-mail address, or facsimile number as set out in the Brochure.
17. Severance
17.1 If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this agreement, and the validity and enforceability of the other provisions of this agreement shall not be affected.
18. Variation
18.1 To the extent permitted by applicable law. The Leap shall have the right to revise and amend the Booking Conditions from time to time without notice to the Volunteer and the Booking Conditions which shall be operative in respect of the Volunteer’s Placement shall be those operative on the Volunteer’s Departure Date.
19.Entire Agreement
19.1 Together with the Consent Form and the Placement, these Booking Conditions constitute the entire agreement and understanding of The Leap and the Volunteer in respect of their subject matter and supersede and extinguish any previous agreement, understanding, undertaking, representation, warranty and agreement relating to their subject matter. The Volunteer acknowledges that it has not relied upon any statement, promise or representation made or given by or on behalf of The Leap which is not set out in the Placement Guidelines, the Consent Form or these Booking Conditions.
The Leap is a member of the Year Out Group an association of leading UK organisations formed to promote the concept and benefits of well-structured Year Out programmes
The Leap Overseas Ltd, 121 High Street, Marlborough, Wiltshire SN8 1LZ Tel 01672 519922 Fax 01672 519944 Email info@theleap.co.uk











