of the Consent Form, the Placement/Program Guidelines, all sections in
My Leap and any other written information we brought to your attention
before we confirmed your booking, form the basis of your contract with
The Leap Overseas Limited (“The Leap”, “we” or “us”). Please read them
carefully as they set out our respective rights and obligations. In
these Booking Conditions references to “Volunteer”, “you” and “your”
include the first named person on the booking and all persons on whose
behalf a booking is made or any other person to whom a booking is added
By making a booking, you agree that:
a. You have read these Booking Conditions and agree to be bound by them.
c. You are over 18 years of age (or, if you are under the age of 18 at the time of booking, you agree to provide a Consent Form countersigned by your parent or guardian) and where placing an order for services with age restrictions declares that you are of the appropriate age to purchase those services.
A. Definitions and Interpretation
In these Booking Conditions the following words and phrases shall have the following meanings: Booking Application Form” means The Leap’s Booking Application and Personal Details Forms, to be completed by you; “Consent Form” means the form issued to the Volunteer by 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, the Placement/Program Guidelines and the Consent Form;
“Placement” means participation in a Project provided to the Volunteer, in a form the same or similar to that set out in the Program Guidelines (as amended by The Leap from time to time), on the Volunteer being deemed suitable for participation by The Leap and in return for the Volunteer’s payment in full of the cost of the Placement;
“Placement/Program Guidelines” means the advice, instructions and guidelines in respect of the Volunteer’s chosen Placement issued by The Leap to the Volunteer on The Leap’s receipt of the Volunteer’s satisfactorily completed Booking Application Form;
“Project” means an ecological, civil or personal development project in which the Volunteer may participate subject to the terms of the Volunteer’s Placement;
“Services” means the work or costs incurred and/or provided pre or post departure by The Leap on behalf of the Volunteer, in delivery of the Placement, including but not limited to: operational planning, My Leap advice, research, pre-departure video briefings, pre-departure safety preparation with overseas staff, (including preparing detailed risk assessments and safety audits), and Project management. These services, especially prior to departure, are essential and integral to any successful overseas Placement, which are by nature complex. These services are for educational services and not tourist services, and as such do not form part of the rules for refunds under the Package Travel Regulations.
“Work Placement Host” means the company, body or individual who manages the Project at which the Volunteer is placed subject to the Placement.
B. Terms and Conditions
1 Booking Your Placement
To begin your application you should complete a Booking Application Form and return it to us. On the Booking Application Form you should indicate your first choice Placement as well as an alternative, in case your first choice is unavailable or otherwise unsuitable. Should we consider that your Booking Application Form is either unsatisfactorily completed or if we consider that you are unsuitable for participation we reserve the right to reject your proposed booking at our sole discretion.
If we accept your Booking Application Form we will confirm this to you in writing, outlining the full cost of the Placement and the various dates by which payment is required (including details of the deposit required). We will also provide you with a copy of our Placement/Program Guidelines and Consent Form. You should return both the Consent Form and your deposit to us within 14 days.
2 Personal Details and Fitness for Placement
We will provide you with access to the ‘My Leap’ section of our website. My Leap will provide you with access to a wealth of information relating to your Placement, including the health and compatibility requirements that will apply to your placement and with which you must make yourself familiar before travelling.
Upon being provided access to My Leap, we also ask that you complete our personal details form. Included in this form are questions relating to your health, including medical conditions and personal history including criminal convictions; the purpose of which is to allow both us and you to determine whether you will be able to cope with the demands involved in the Placement you have chosen and if you are suitable applicant. If, after completion of this section, either you or we reasonably feel that you are not capable of completing or not suitable for the Placement, we will decline your booking and return any deposit paid.
Please note if any information which you provide to us relating to your health or personal history should give us cause for concern as to your ability to take part in a Placement, we reserve the right to carry out further checks or obtain references, as appropriate, to determine whether it is safe for you to take part in the Placement.
The information provided and the questions asked of you in My Leap are vital in allowing both us and you to be confident that you are fit and capable of taking part in the Placement. It is therefore an obligation upon you to both read this information in full and to provide complete and accurate answers in response to the questions that we ask of you. Having been provided with this information, you agree that it is your responsibility to determine whether you are capable of coping with the Placement that you have purchased, including the possible physical and mental challenges that it may entail.
If you are unsure about any of the information set out in My Leap or your ability to withstand the challenges of your Placement, please feel free to contact us. We would be happy to meet you in person or arrange a briefing over Skype to discuss any concerns that you may have.
3 Paying for Your Placement
Unless we agree otherwise in writing, you are required to make the following payments at the following times:
i. Within 14 days of us advising you that we have accepted your
Booking Application Form you must pay the necessary, non-refundable,
deposit of £250.00 (the “Deposit”).
ii. Final payment, being the remaining outstanding balance of the Placement, will be due not less than 90 days prior to departure; unless otherwise agreed with us in writing (the “Final Payment”).
If we do not receive the above payments in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in Clause 10 below will become payable.
4 Age Restrictions
You must be at least 18 years of age or over at the date of departure, unless we express agree otherwise. Each Volunteer will accurately certify his age on the Booking Application Form and we will accept your certification in good faith. We reserve the right to cancel your application or terminate your Placement, if it has already begun, without any refund of any of the Placement costs at that point paid in the event we establish that such certification has been falsely or inaccurately provided by you.
If you are less than 18 years old on signing the Consent Form, your 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 you for the duration of the Volunteer’s participation in a Placement.
We endeavour to ensure that all the information and prices both on our website and in our program guidelines are accurate; however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.
It is a condition of our contract with you that you obtain a comprehensive insurance policy (or policies) to cover all risks normally considered as associated with adventure travel holidays. You must be satisfied that your insurance fully covers all your personal requirements including cancellation charges, medical expenses and repatriation in the event of accident or illness. In any event, your insurance policy (or policies) must cover you in respect of your personal accident and medical expenses to a minimum level of £2 million and shall cover your costs in circumstances of medical air rescue up to a minimum level of £2 million.
Details of a policy suitable to cover the arrangements you book are available by contacting Campbell Irvine Ltd or Battleface. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
You must provide us with proof of valid and adequate personal travel insurance cover in respect of your Placement no less than 60 days prior to departure; we will not check the suitability of your chosen policy and it remains your responsibility at all times to ensure that any policy(ies) which you purchase are suitable and provide the necessary cover required in this Clause 6. Should you fail to provide such proof of insurance to us in accordance with this clause then we reserve the right to treat your Placement as cancelled by you in which case the cancellation charges set out in Clause 10 below will become payable.
The price of your Placement has been calculated using exchange rates quoted on www.xe.com, in relation to the following currencies: Great British Pound Sterling and US Dollars.
We reserve the right to amend the price of unsold Projects at any time and correct errors in the prices of confirmed Placements.
The price of your confirmed Placement is subject at all times to variations in:
i. transportation costs, including the cost of fuel; or
ii. cost changes arising from government action such as changes in VAT or any other government imposed changes; or
iii. the exchange rates used to calculate your Placement;
We will absorb and you will not be charged for any increase equivalent to 2% of the price of your Placement, which excludes any amendment charges and/or additional Services or travel arrangements. You will be charged for the amount over and above that. If this means that you have to pay an increase of more than 10% of the price of your confirmed Placement (excluding any amendment charges and/or additional Services or travel arrangements), you will have the option of accepting a change to the ‘alternative’ Placement which you detailed on your Booking Application Form, if we are able to offer this, or cancelling and receiving a refund in accordance with Clause 11, below.
Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the date we advised you of the price increase. There will be no change made to the price of your confirmed Placement within 30 days of your departure nor will refunds be paid during this period.
Should the price of your Placement go down due to the changes mentioned above, by more than 2% of your confirmed Placement cost, then any refund due will be paid to you. However, please note that arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your Placement due to contractual and other protection in place.
8 Cutting your Placement short
If you choose to return home early, we cannot refund the cost of any Services you have not used. If you cut short your Placement and return home early in circumstances where you have no reasonable cause for complaint about the standard of the Placement and Services provided, we will not offer you any refund for that part of your Placement not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
9 Changes by You
If you wish to change any part of your Placement after our Placement confirmation has been issued, you must inform us in writing as soon as possible. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, we reserve the right to charge an administration fee of £20.00 per person per change as well as any applicable rate changes or extra costs incurred, as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable, see Clause 10 below. If you are prevented from travelling it may be possible to transfer your booking to another suitable person provided that written notice is given. An administration fee will be charged, details available upon request.
Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
10 If you Cancel
If you decide to cancel your confirmed Placement you must notify us in writing/email. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. Since we incur costs in cancelling your arrangements, the sum of the refund receivable by you on your cancellation of the Placement shall be calculated with reference to the table below:
Days prior to departure when notice of cancellation is received by us
• More than 90 days. Full refund of the Placement cost, less the deposit.
• 90 to 60 days 50% of the Placement cost, less the deposit.
• 59 to 31 days 25% of the Placement cost, less the deposit.
• 30 to 0 days No refund
Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.
11 If We Change or Cancel
Given the nature of the Placements and their location in countries which are occasionally subject to change and upheaval beyond our control, you accept, understand and acknowledge that it is necessary for each Volunteer to adopt a flexible approach, allowing for the possibility of alternative arrangements to be necessary. The outline itinerary as given for each Placement must therefore be taken as an indication only of what each Volunteer may accomplish and not as a contractual obligation on our part to be followed by the letter.
The Volunteer should appreciate that the activities, schedules, itineraries, facilities and modes of transport may be subject to alterations without prior notice due to local circumstances or Force Majeure (see Clause 12). Accordingly, and for the avoidance of doubt, we shall be entitled to make such reasonable alterations to the advertised details of Placements as we deem necessary, (either before or after the date of departure). Most of these alterations will be minor and we will advise you of them at the earliest possible date. We also reserve the right in any circumstances to cancel your Placement. For example, if the minimum number of Volunteers required for a particular Placement is not reached, we may have to cancel it. However, we will not cancel your Placement less than 30 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance.
Most alterations will be minor and while we will do our best to notify you of any changes as soon as reasonably possible, if there is time before your departure, we will have no other liability to you. Examples of “minor changes” include the following when made before departure:
– A change of outward departure time or overall length of your Placement of twelve hours or less.
– A change of accommodation to another of the same standard or classification.
– A change to the Project work to be carried out during the Placement.
Occasionally we may have to make a major change to your confirmed Placement. ”Examples of “major changes” include the following, when made before departure;
– A change of accommodation area for the whole or a significant part of your time away.
– A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
– A change of outward departure time or overall length of your arrangements of twelve or more hours.
– A significant change to your itinerary, missing out one or more destination entirely.
If we have to make a major change or cancel, we will tell you as soon as possible and at the same time shall, providing we consider that you are suitable for participation in such Placements, make available to the Volunteer the opportunity of participating in any of the following, if there is time to do so before departure:
i. Your confirmed Placement, but commencing as and when such participation becomes available or at a mutually convenient time (the “Deferred Placement”); or
ii. Where it is not possible to defer the Placement, participation in an alternative Placement (the “Alternative Placement”) of a similar nature and durations as your confirmed Placement.
If you accept a Deferred or Alternative Placement your participation in it will be subject to your payment of any applicable pricing difference, as and when we shall require such payment to be made. If the Alternative Placement cost is less than that the original Placement, we shall refund to you the difference.
If we are unable to offer, or if you are unable to accept, either a Deferred Placement or an Alternative Placement you shall be entitled to a refund in accordance with this clause. In such circumstances, or if you become otherwise entitled to a refund under these booking conditions (except in situations where there is deemed to be a cancellation by you, in accordance with Clause 10), we will provide you with a refund of the cost of your Placement (and will not be responsible for any loss due to currency exchange rates) less:
i. A sum equal to the Deposit and Second Payment paid by the Volunteer, whether paid separately or as part of a combined payment; being educational Services you have already benefited from, or,
ii. The value of any Services which the Volunteer has received from The Leap at the time of cancellation (whichever is greater).
You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative booking arrangements.
If we make a major change or cancel, less than 60 days before departure, we will also pay compensation as detailed below:
Period before departure when we notify you of a major change
Compensation per person
More than 55 days Nil
Between 55 and 43 days before travel £10
Between 42 and 28 days before travel £20
Between 27 and 15 days before travel £30
Between 14 days and the date of travel £40
The compensation that we offer does not exclude you from claiming more if you are entitled to do so. We will not pay you compensation where we make a major change or cancel more than 60 days before departure or in the event that we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care (“force majeure” see Clause 12 for more information) or if we cancel your arrangements because the minimum number of participants to run the arrangements has not been reached. (We will tell you if we have to cancel for this reason not less than 45 days before departure).
The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any expenses or losses you may incur as a result of the change or cancellation. Please note: where a Placement with a higher price than the original Placement is offered by us and accepted by you, the difference in price will be deducted from any compensation payable. In no case will we pay compensation if a Placement is offered by us and accepted by you with a higher price than that originally booked where no additional payment is made by you.
We will not pay you compensation and the above options will not be available if we make a minor change or cancel as a result of your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
Very rarely, we may be forced by “force majeure” (see Clause 12) to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
If we become unable to provide a significant proportion of the Services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation.
We 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:
i. any Placement subsequently cancelled or delayed or the subject of a major change by us; or
ii. an Alternative Placement which you take part in pursuant to the operation of this clause.
In all circumstances where you are unable to return to your country of origin following the termination of a Placement, we shall use all reasonable endeavours to assist and offer guidance to you in relation to securing food and accommodation until such time as it is practicable for you to return to your country of origin, but for the avoidance of doubt shall be under no obligation under these Booking Conditions to assist you in returning to your country of origin.
12 Force Majeure
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
Very rarely, The Leap may be forced to terminate or suspend an activity forming part of a Placement or a Placement itself due to Force Majeure. In these circumstances, The Leap may decide it is necessary to evacuate Volunteers from the location of the activity or the Placement Location, or take such other measures as it shall deem (in its sole discretion) necessary in order to ensure each Volunteer’s safety and security. In such circumstances, the Volunteer shall reimburse The Leap its reasonable costs in providing for the Volunteer’s evacuation and / or undertaking such other measures as are necessary in order to ensure the Volunteer’s safety and security. We recommend that the insurance policy which you obtain provides sufficient cover to reimburse costs covered in such an event.
13 Health, Disabilities and Medical Problems
You must certify on the Booking Application Form that you are of sufficiently good health to take part in and complete a Placement. If you have any pre-existing medical conditions, illnesses, psychological/psychiatric conditions (including depression and / or an eating disorder), serious behavioural issues, criminal convictions, disabilities or are undergoing any sort of medical treatment which may affect your participation in a Placement, you must similarly advise us of this when completing the Booking Application Form, so that we may advice you as to the suitability of your chosen Placement. Acting reasonably, if we are unable to properly accommodate your needs we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges (detailed in Clause 10) when we become aware of these details.
Due to the nature of many of our Placements you must, without exception, disclose at the time of booking of any criminal convictions, impending trials or hearings, legal charges against you, orders or judgements or any other similar claim against you that we should reasonably know about. A failure to disclose this information may result in your immediate explusion from the Placement and you will not be entitled to any refund. We reserve the right to investigate your background and question you on any findings or suspicious information. If you are unsure as to whether you need to disclose an issue, please contact a member of our team.
Many of our Placements are for long periods of time and require close co-operation with other volunteers. Ensuring the safety of young and potentially vulnerable local children who you may be working with on our Placements is one of our paramount concerns. In addition to working with children, our Placements may involve working with small communities which are culturally different to what you are used to, working with animals or working on other potentially sensitive Projects. As such, tolerance, patience, friendliness, trustworthiness and a clean background are required as we need to be confident that you are suitable for your chosen Placement. Honest disclosure is absolutely necessary and should you fail to supply us with any relevant information, we may cancel your Placement at any time with immediate effect with no refund due to you.
Depending upon the nature of the Placement which you book with us, you may be required to take certain inoculations or medication prior to your departure and during the Placement (as appropriate). General information regarding such requirements will be contained in the Placement Guidelines and in My Leap which we will provide to you. However, this is not a substitute for specific medical advice and as such you are required to take detailed advice from your GP or doctor regarding any additional inoculations or medication which may be required, prior to departure.
We reserve the right to inspect your vaccination book at any time and are entitled to consider to treat your Placement as cancelled by you (in accordance with Clause 10), if we discover that you have failed to obtain the necessary vaccinations and medication required for the Placement or if we discover that you have failed to take any medication, which you were advised to take, during the Placement.
14 Nature of the Placement and Acceptance of Risk
Your booking is accepted on the understanding that you:
i. Are aware that, due to the nature of the Placement, there are certain dangers and risks inherent in the performance of the Placement, some of which may include the possibility of physical exertion, weather extremes, disease, discomfort, criminal activity, kidnapping, delay, loss of or damage to property, remoteness from normal medical services and evacuation difficulties if you are injured. You further acknowledge that The Leap has advised you to take out appropriate insurance cover to, as far as possible, minimise the impact of such dangers and risks.
ii. Acknowledge that general standards of health, safety and hygiene in the countries to be visited will not be comparable to UK standards.
iii. Acknowledge that the nature of this type of travel requires a considerable degree of flexibility and you must allow for certain changes as a result of this during the Placement. The decision of the Work Placement Host is final in respect to such changes as may be necessary and you agree to comply with any decisions made.
iv. Accept that you must be of good health in order to complete the Placement. If, in our or the Work Placement Hosts reasonable opinion, you are not in sufficiently good health to take part in the Placement or if your health deteriorates during the course of the Placement so that your own health and safety (or the health and safety of others) is sufficiently endangered by you continuing the Placement, you may be asked to leave the Placement or cease your involvement in certain activities during the Placement. If you are asked to leave the Placement, you shall not be entitled to be compensated in respect of the unexpired portion of the Placement. In these circumstances, The Leap advises you to make a claim under any operative travel insurance policy that you may have in place.
We make every effort to ensure that your Placement runs smoothly but if you do have a problem during your Placement, please inform the relevant Work Placement Host immediately who will endeavour to put things right. If you do not get the resolution which you require from the Work Placement Host, then you must advise us of your complaint within 7 days of the relevant matter arising. If you do not raise any issues which you experience in accordance with the procedure set out in this clause, we will have been prevented from having the opportunity to investigate, address and rectify the situation, and as a result you 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.
If The Leap and the Volunteer cannot settle any disputes or complaints which may arise 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 conclusion of the Volunteer’s Placement, whose decision will be binding and final.
16 Our Responsibilities
(1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation invoice, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors, such as but not limited to: following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
(2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-
(a) the act(s) and/or omission(s) of the person(s) affected; or
(b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
(c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
(d) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
(3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(a) loss of and/or damage to any luggage or personal possessions and money,
The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
(b) Claims not falling under (a) above and which don’t involve injury, illness or death
The maximum amount we will have to pay you in respect of these claims is the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
(c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel
i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
(4) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(5) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
(6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:
(a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or
(b) relate to any business.
(7) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure and Placement Guidelines. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
17 Your Responsibilities
(1) It is your responsibility to read and understood the Placement Guidelines, understand the values which we operate to and be fully aware of what is expected of Volunteers during a Placement. Accordingly the Volunteer agrees to and shall:
(a) Co-operate fully with and explicitly follow without delay all reasonable instructions given from time to time by ourselves, our directors, employees, contractors, agents or associates, including for the avoidance of doubt the Work Placement Host;
(b) act in a reasonable and responsible manner towards all those who you come into contact with during the course of the Placement;
(c) wholly commit to and work hard towards the successful completion of the relevant project throughout the course of the Placement;
(d) obey local laws and regulations and observe and respect local customs applicable in the Destination Country and region of the Placement;
(e) act in a peaceful and respectful manner to all persons, animals, plants and the environment;
(f) fully reimburse The Leap, its agents and / or its representatives (including the Placement Host) for the cost of the repair or replacement of any equipment or possessions damaged or destroyed as a result of your misuse of the same (which shall include use not in accordance with instructions provided by the relevant party);
(g) adhere to our values (as communicated to you prior to your departure), the relevant Placement Guidelines and to carefully adhere to any further advice, briefings, instructions and guidelines issued by ourselves, our employees, contractors, agents or associates.
(2) If you fail to adhere to any obligation in Clause 17.1 during the duration of the your Placement, we shall be entitled, at our sole discretion, to:
(a) provide you with a written warning in respect of your behaviour, advising that you have failed to comply with your responsibilities and that if you do not alter your behaviour appropriately, we reserve the right to terminate your Placement immediately and without refund; or
(b) terminate your Placement immediately without liability to you for any refund or expenses or costs incurred as a result of termination.
(3) You shall indemnify us for any losses, liabilities, costs, expenses, fines or financial penalties which we incur or otherwise pay as a result of your breach of your obligations as set out in this Clause 17.
(4) For the avoidance of doubt, if we have reason to believe that you have taken (other than as prescribed to the Volunteer by their GP or doctor), sold or distributed drugs, which are illegal in the United Kingdom; we shall immediately terminate your Placement. 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.
18 Financial security
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for your Placement and for your repatriation in the event of our insolvency. For these purposes, The Leap protects monies that Volunteers have paid us in relation to their Non Air Package Placement, via an insurance policy/bond with International Passenger Protection, in respect of the balance of all Placement Costs paid in respect of Placements (i.e. in relation to any unexpired portion of a Placement) and any costs in relation to the repatriation of a Volunteer. Details of The Leap’s policies in respect of this matter are available on request.
19 Passport, Visa and Immigration Requirements and Health Formalities
It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your Placement. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit www.passport.gov.uk
For European Placements you should obtain a completed and issued form EHIC prior to departure.
Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk
Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling,
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
20 Conditions of Suppliers.
Many of the services which make up your Placement are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
21 Traveling to your Placement location
It is your responsibility to arrange your own travel to and from the country in which your Placement is located. You must provide us with proof of purchase in respect to the travel arrangements which you source at least 60 days prior to your date of departure.
When organising your own travel arrangements you must ensure that you arrive at the specific airport or other point of entry which we specify in the Placement Guidelines and that your arrival at the location of your Placement coincides with any transfers which we provide as part of the Placement.
We will provide transport to enable you to travel to the location of your Placement once you have arrived in the country in question; to the extent it is reasonably practicable for us to do so. In circumstances where your arrival is not in accordance with this Clause 21, you shall be responsible for your own travel to the Placement location and shall pay any additional costs which we incur in assisting you in this regard, should we be able / agree to provide such assistance at our sole discretion.
You must also ensure that you organise your return travel arrangements to co-incide with the end of the Placement and any return date / time which we specify to you in writing (specified return flight). We will provide transport from the location of your Placement to the relevant airport to meet your specified return flight. Should you wish to depart the Placement at a time earlier or later than the specified return flight, you shall be responsible for your own travel from the Placement location to the aiport of your choice and shall pay any additional costs which we incur in assisting you in this regard, should we be able / agree to provide such assistance at our sole discretion.
If you do not arrive in the Placement location within 5 days of the date of your departure, unless we expressly agree otherwise, you shall be deemed to have cancelled your Placement and Clause 10 shall apply.
Excursions or other tours that you may choose to book or pay for independently before travel or whilst on a Placement do not form part of your contracted arrangements with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
23 Data Protection
(2) We shall be entitled to collect and / or retain information provided by the Volunteer on the Booking Application Form and on our website from time to time, in relation to the Volunteer, including (but not limited to) the Volunteer’s name, address, email address, special needs, dietary requirements and travel preferences (the “Volunteer Information”) provided that we shall not disclose such information to any third parties except:
a) The Leap’s suppliers, agents and representatives (including its Work Placement Hosts) as necessary for the purposes of ensuring that the Volunteer’s Application and Placement is administrated efficiently; or
b) when required to do so by supplier’s of transportation, facilities and other activities which form part of the Volunteer’s Placement; or
c) when required to do so by public authorities such as customs or immigration authorities, or the police in the United Kingdom or the Destination Country; or
d) in the circumstances referred to in clause 23.2 or clause 23.3; or
e) when required to do so by law applicable in the United Kingdom or the Destination Country
unless the Volunteer agrees in writing to such disclosure.
(3) By agreeing to these Booking Conditions, the Volunteer agrees that we may provide the email address and telephone number supplied by the Volunteer to other Volunteers taking part in the same Placement as the Volunteer, and the parents or guardians of such Volunteers. Such disclosure permits Volunteers to get to know each other prior to the Placement and assists us in co-ordinating the safe and efficient operation of the Placement.
(4) Provided that the Volunteer has indicated his agreement to such disclosure on our Feedback Questionnaire Form, we may (after the Volunteer’s successful completion of a Placement) disclose the Volunteer’s name and email address to individuals considering applying for a Placement, Applicants and / or Volunteers, in order that the Volunteer may give the relevant individual an indication of the type of experience the individual can expect during a Placement. If the Volunteer at any time objects to such disclosure, we shall without delay cease disclosing any of the Volunteer’s details as referred to in this clause.
(5) Any likeness or image of the Volunteer secured or taken on any Placement, including quotes, blogs, videos and feedback may be used by The Leap without charge in all media (whether now existing or in the future invented) for bona fide promotional or marketing purposes, including without limitation promotional materials of any kind, such as brochures, slides, video shows and the internet.
24 Foreign Office Advice
You are responsible for making yourself aware of Foreign Office advice and State Department warnings in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure. (See Clause 12).
25 Jurisdiction and applicable law
These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.
If any provision of these Booking Conditions (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. The Leap Overseas Limited