TERMS AND CONDITIONS

The following conditions, together with our Privacy Policy and where your visit is booked via our website, together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Friends of Wallacea (“we”, “us”, “our”). Registered office at 1431 N Augusta St, Staunton, VA 24401, USA. References to “you” and “your” include you acting as an internship participant or client visiting a Friends of Wallacea site.  “Visit” refers to any combination of accommodation, food and activities booked/purchased through this site.

1)   MAKING A BOOKING

1.1 Booking on to the visit

By making a booking you are agreeing that you are booked onto a visit and that you have read these Terms and Conditions and have the authority to and do agree to be bound by them. You will be booked on to the visit upon completion of the booking form.

2) PRICE AND PAYMENTS

2.1 Price

The price of your internship or experience is described on the website in the description of your chosen project. The price does not include the cost of international travel to the site or other costs noted later in these terms and conditions. See sections 18 and 19 for further details.

2.2 Payments

For internships a deposit must be paid on completion of the booking form. For day visits or tours full payment is required upfront. The amount of the deposit (if applicable) will be specified on the booking form. Those booking internships will be sent an invoice to pay their remaining balance 3 weeks ahead of travel. If you are booking within 3 weeks of your intended departure date, then we will send you an invoice shortly after receiving the deposit. Should we be unable to process your booking for any reason then your deposit will be returned to you.

2.3 Accuracy

We endeavour to ensure that all the information and prices on our website are accurate, however changes and errors do occur and we reserve the right to correct prices and other details in such circumstances. Please check the current price and all other details relating to the visit that you wish to book before you make the booking.

2.4 Surcharges

Whilst we reserve the right to amend prices upwards or downwards at any time, it is our policy to offer visits at a clear and firm price. We do however reserve the right to increase the price of confirmed bookings solely to allow for increases which are direct consequence of changes in:

  • the price of carriage of passengers resulting from the cost of fuel or other power sources;
  • the level of taxes or fees chargeable for services applicable to the visit imposed by third parties not directly involved in the performance of the visit, including tourist taxes, landing taxes or embarkation or disembarkation fees at airports where these impact our costs.
  • the exchange rates relevant to this visit.

You will be charged for the amount of any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the price of the confirmed visit (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting the price increase, accepting a change to another visit if we are able to offer one (if this is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the date we inform you of the change.

Should the invoice of the visit go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee of $10. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

There will be no change made to the price of your confirmed visit within 20 days of the departure date nor will refunds be paid during this period.

2.5 Delayed payments

If payments are delayed beyond the due dates by more than 7 days, then Friends of Wallacea reserve the right to cancel your visit and the cancellation charges outlined below will become applicable

3) INSURANCE

You should ensure that you have appropriate travel insurance to cover medical and repatriation costs, visit disruption, and cancellation.

4) IF YOU WISH TO CHANGE OR CANCEL YOUR BOOKING

Clause 4 outlines the rights you have if you wish to transfer, change or cancel your booking. Please not that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Directive 2011/83/EU).

4.1 If you want to change your booking

If you decide to move on to another Friends of Wallacea project, you can do this free of charge, capacity allowing, until 1 April of the year of your internship/visit. You will be asked to fill in a new booking form to confirm the change of project. If the project or visit you want to move to is longer you will be invoiced for the difference in price. If it is shorter, your payment schedule will be adjusted to take the new total amount payable into account. If, following you confirming that you wish to change your booking, you should decide to cancel, cancellation charges will apply in line with your original booking rather than the new booking.

4.2 If you wish to cancel

If you wish to cancel you must let us know in writing or via email. The cancellation will take effect from the day that the confirmation is received. With the exception of cancellation due to unavoidable and extraordinary circumstances (see section 4.3), the following cancellation charges will be incurred:

Period before departure Cancellation charge*
More than 60 days before commencement No cancellation charge
60 days prior to departure to 20 days prior to commencement Loss of deposit for internships. No cancellation charge for tours
20 days or less prior to commencement Loss of 50% of total price

4.3 Cancellation by you due to unavoidable and extraordinary circumstances

You have the right to cancel your visit before departure, without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at the travel destination or its immediate vicinity and significantly affecting the performance of the visit or the transport arrangements to the destination.  In these circumstances, we shall provide you with a full refund of the monies you have paid or will offer you the chance to change the date/destination of the visit, but we will not be liable to pay you any additional compensation. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism (or threat thereof), significant risks to human health such as the outbreak of serious disease at the travel destination, quarantine measures which render travel to the destination or back to your home impractical, or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or its immediate vicinity.

4.3 Travel delays

It is your responsibility to arrive at the agreed pick up airport or start point at the agreed start time, as described in the website or in further correspondence with Friends of Wallacea. If your travel is disrupted for any reason, we will endeavor to ensure that you are met in a timely fashion and that your visit commences as quickly as possible following your pick up. However we can accept no liability either for extra costs that may be incurred as a result of delays to your travel, or for resultant changes to your visit itinerary.

5) IF FRIENDS OF WALLACEA CANCELS OR CHANGES YOUR BOOKING

5.1 Visit Itinerary

We reserve the right to amend certain aspects of your itinerary at any time in line with the overall objectives and context of the project. In the unlikely event of Friends of Wallacea deeming travel to your particular destination unsafe for any reason, more than 3 months before departure, we will provide an alternative. Friends of Wallacea would only deem travel to your destination unsafe less than 3 months prior to departure in the case of an unavoidable and extraordinary circumstance (see section 4.3).

5.2 Travel elements before and after the visit

Your travel with Friends of Wallacea may involve using multiple suppliers. Our suppliers may need to cancel or amend your reservation details. We will ensure that you are promptly notified of any significant changes, but cannot accept responsibility for costs associated with travel delays caused by third parties.

If we or any of our suppliers make a minor change to your confirmed booking or the travel elements surrounding the visit, we will make reasonable efforts to inform you as soon as possible if there is time before your departure but we will have no liability to you. Examples of minor changes include alteration of travel arrangements by less than 12 hours, changes to transport methods, change of accommodation to another of the same or higher standard and changes of carriers.

5.4 Significant changes and cancellation

Occasionally, we or our suppliers may have to make a significant change to your confirmed booking. Examples of significant changes include the following, when made before departure:

  • A change of the accommodation to that of a significantly lower standard or classification for the whole or a significant part of the visit.
  • A change of start date or overall length of the travel arrangements by more than 36 hours.
  • A significant change to the itinerary, missing out one or more destinations entirely.

If we are alerted to a significant change before you leave your home country, we will contact you by email to advise you of this. Please ensure that you have given your contact email address to Friends of Wallacea and that you regularly check for messages before you leave. Friends of Wallacea has no control over airline schedule changes and accepts no liability for costs which may arise as a result of such changes, over and above the cover limits on the insurance policy provided with your booking. It is your responsibility to check with the airline that any flights you have confirmed are operating as booked. We strongly recommend that you contact your airline at least 72 hours before the scheduled departure of each flight to do this. Please note that for some airlines it is mandatory to confirm with them your intention to fly.

We will not cancel any visit less than 1 month before the departure date, except for reasons set out in clause 6 or failure by you to pay the balance. We may cancel before this date if, e.g. the minimum number of participants required for the visit is not reached.

If we do have to make a significant change or cancel, we will tell you as soon as reasonably possible and if there is time to do so before departure, we will offer you the choice of:

  • (for significant changes) accepting the changed arrangements; or
  • having a refund of all monies paid; or
  • if available and where we offer one, accepting an offer an alternative visit (we will refund any price difference if the alternative is of a lower value).

You must notify us of your choice within 3 days of our offer. If we do not hear from you within 3 days, we will assume that you have chosen to accept the change or alternative booking arrangements.

6) DISABILITIES AND MEDICAL PROBLEMS

We will do our best to cater for any special requirements you may have. If you have any medical problem or disability which may affect the booking, please provide us with full details beforehand so that we can try to advise you as to the suitability of the arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate. Acting reasonably, if we are unable to properly accommodate your needs, we will not confirm the booking. If you do not give us full details at the time of booking, either in written form or via email, we will cancel your booking and impose applicable cancellation charges when we become aware of the details. We do not accept liability for costs incurred during your visit as a result of any medical conditions or disabilities which you have not disclosed beforehand.

7) SPECIAL REQUESTS

Any special requests must be advised to us at the time of booking e.g. diet, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us. We do not accept bookings that are conditional upon any special request being met.

9) COMPLAINTS

We make every effort to ensure that your travel arrangements run smoothly but if there is a problem during the visit, please inform the Friends of Wallacea staff and they will endeavor to put things right. If the complaint is not resolved locally, please contact info@friendsofwallacea.com.

10) BEHAVIOR

Everyone on our visits are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of any local partner or any other person in authority, your behavior is causing or is likely to cause distress, danger or annoyance to any other person or third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking with us immediately. In the event of such termination our liability to will cease and may be required to leave the accommodation or other arrangements immediately. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You may also be required to pay for loss and/or damage caused by your actions and we will hold you individually liable for any damage or losses caused by you. Full payment for any such damage or losses must be paid directly to the accommodation manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.

We cannot be held responsible for the actions or behavior of other guests or individuals who has no connection with your booking arrangements or with us.

11) DATA PROTECTION

We take data protection and security extremely seriously, and list all the information we require, why we need it, and how it is used in our Privacy Policy. This can be found at https://www.opwall.com/privacy-policy/.

In order to process bookings and provide visit services, we must collect a certain amount of information from all our participants. This does include some special categories of information, including medical details, which we require in order to adequately minimize risks to those who join us. If you are unwilling to disclose the information required then we will have to cancel your booking, and standard cancellation fees will apply. Some details will also have to be given to our partners in order to assist with the safe and efficient planning of the visit.

12) PASSPORT, VISA AND IMMIGRATION REQUIREMENTS AND HEALTH FORMALITIES

It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your visit. We can only provide general information about this. The advice on the Friends of Wallacea website does not constitute official guidance and we will not be held liable for any costs resulting from errors or misinterpretations of this information. 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.

Special conditions apply for travel to USA for non USA nationals, and all passengers must have individual machine readable passports. Please check https://uk.usembassy.gov. For European travel you should obtain a completed and issued form EHIC prior to departure.

Up to date travel advice can be obtained from your national travel advisory authority.

All travelers should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of the destination or country(ies) through which you are traveling.

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 that we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.

13) JURISDICTION AND LEGAL ASPECTS

Please note that when you have read and accepted these Terms and Conditions, and when a confirmation invoice has been issued by or on behalf of ourselves or the relevant supplier you have entered a binding contract.

14) OUR RESPONSIBILITIES

14.1 We will accept responsibility for the arrangement we have agreed to provide or arrange for you as an “organizer” and as such, we are responsible for the proper provision of all services included in your visit, as described on the website. Subject to these Terms and Conditions, if we or our suppliers negligently perform the arrangements and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected your enjoyment of the visit you may be entitled to an appropriate price reduction and/or compensation. You must inform us without undue delay of any failure to perform, or improper performance of the travel arrangements included in this visit.

14.2 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:

  • the acts and/or omissions of the person affected; or
  • the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable;
  • an unavoidable and extraordinary event (see section 4.3).

14.3 We limit the amount of compensation we may have to pay you if we are found liable under this clause:

  • Loss 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 the value of the excess on your insurance policy up to a maximum value of $200.
  • Claims not falling under the 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 up to 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 the person(s) names on the booking has not received any benefit from the booking.

14.4 It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these Terms and Conditions.

14.5 Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:

  • 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;
  • relate to any business;
  • relate to indirect or consequential loss of any kind.

14.7 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. For example, any excursion that is booked whilst away, or any service or facility which the hotel or any other supplier agrees to provide.

14.8 Where it is impossible for you to return to your departure point as per the agreed return date of your visit due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the three night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of the visit. For the purposes of this clause, “unavoidable or extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.

15) CONDITIONS OF SUPPLIERS

Many of the services which make up the visit 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, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.

16) PROMPT ASSISTANCE

If, whilst you are on the visit, you find yourself in difficulty for any reason, we will offer such prompt assistance as is appropriate in the circumstances, In particular, we will provide appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where the assistance is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative travel arrangements or other such assistance that may be required. Any supplier may however pay for or provide refreshments and/or appropriate accommodation and therefore the claim should be directly to them. Subject to the other terms in these Terms and Conditions, we will not be liable for any costs, fees or charges incurred in the above circumstances, if our authorization is not obtained prior to making other travel arrangements. Furthermore, we reserve the right to charge a fee for our assistance in the event that the difficulty is caused intentionally by you or otherwise through your negligence.

17 WHAT DOES THE BOOKING WITH FRIENDS OF WALLACEA INCLUDE?

The booking includes all elements described on the website.

19) WHAT DOES THE BOOKING WITH FRIENDS OF WALLACEA NOT INCLUDE?

The booking excludes anything not stated on the website, specifically but not limited to:

  • Any personal equipment recommended (e.g. walking boots, sleeping bag, dive booties, wetsuit, other clothes, sunscreen)
  • Costs of additional training courses undertaken while you are on-site and not described on the website.
  • PIC cards and dive training manuals
  • Any food during transit to and from your visit, unless explicitly stated elsewhere.
  • Local taxes or park fees not payable in advance
  • Visa costs
  • Vaccination cost and malaria prophylaxis

20) TIME SPENT OUTSIDE THE JURISDICTION OF FRIENDS OF WALLACEA – BEFORE AND AFTER THE VISITS

Your visit start and finish times are outlined on the Friends of Wallacea website. Before and after your visit start and finish times, Friends of Wallacea is not responsible for your safety and wellbeing and cannot accept liability for activities that you choose to participate in during this time.

21) DELAYS, MISSED TRANSPORT ARRANGEMENTS AND OTHER TRAVEL INFORMATION

If you miss your flight or other transport arrangement, it is cancelled or you are subject to a delay for any reason, you must contact us immediately.

We cannot accept liability for any delay which is due to any of the reasons set out in clause 4.5 of these Terms and Conditions.

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