These Terms and Conditions underpins the contract between Untamed Photography Ltd and The Client. In the act of applying to participate on any Untamed Photography Ltd workshop, tour, expedition, or other travel-related product or service, The Client accepts these conditions as well as the Code of Conduct outlined below. In these conditions ‘The Company’ shall mean Untamed Photography Ltd and all associates, a United Kingdom-registered company limited by guarantee which operates photography tours, workshops, expeditions, and other travel-related products and services at an international level, with an emphasis on South America. ‘The Client’ shall mean any person who has paid a fee to The Company to participate in one or more of its advertised products or services.
All clients of The Company must have a valid health and/or travel insurance policy in their name before initiating a workshop, tour, expedition, or other travel-related product or service, and waive all rights and claims against The Company, its management team, and any affiliates.
Once The Client has been accepted by The Company to participate on one or more of its workshops, tours, expeditions or other travel-related products or services, having previously filled out and submitted their online application form and having read The Company’s Terms and Conditions documentation, a place is confirmed when:
- The Client has paid a non-refundable deposit of GB£ 250.00 (Two hundred and fifty Great Britain Pounds) or US$375.00 (Three hundred and seventy five US Dollars);
Payments may be made in Great Britain Pounds (GB£) or United States Dollars (US$) by:
- Online payment using a valid credit or debit card;
- Bankers’ Automated Clearing Services or BACS transfer (i.e. direct bank-to-bank transfer or wire);
All Clients who make payments to The Company will receive a valid receipt. The non-refundable deposit is payable up to 14 days after the acceptance letter and invoice have been sent to successful applicant. The remaining balance is payable no later than 1 calendar month or 30 days (whichever is the longest) prior to The Client’s start date associated with the workshop, tour, expedition or other travel-related product or service, as stipulated in the acceptance letter and invoice. Failure to pay within the specified periods, gives The Company the right to cancel the place and offer it to another applicant.
In the event of cancellation by The Client, such cancellation shall only be effective from the date that written (email or postage) notification is received by The Company. The following refund policy will apply:
|Period prior to The Client’s start date||Proportion of Balance refund|
|More than 90 days||100%|
|31 – 59 days||50%|
|20 – 31 days||25%|
|0 – 19 days||Nil|
Note: Any deposit paid is non-refundable.
MAJOR CHANGE OR CANCELLATION
The Company reserves the right to make a major change or cancel the contract after it has been made, but before The Client’s start date, in which case The Client will have the choice of:
- Accepting the cancellation or changed arrangements;
- Participating on the same or similar product or service at another time (subject to availability). If this option is more expensive The Client must pay the difference, but if it is cheaper The Company will refund the difference.
If The Company cancels for any other reason than a Force Majeure, The Company will refund any payment made to The Company by The Client, excluding the non-refundable deposit. In the event that The Company cancels The Client’s place The Company will not be liable for any additional costs incurred by The Client with regards to the purchase of flights, travel/health insurance, or any other expenses.
Force Majeure means unusual and unforeseeable circumstances beyond The Company’s control, the consequences of which The Company could not avoid, including but not limited to war, riot, civil strife including strikes and industrial disputes, internationally declared epidemics, terrorism or terrorist activity, natural or nuclear disaster, fire, flood, adverse weather conditions or the threat of any of these. In the event of a Force Majeure, The Company may opt to cancel a scheduled workshop, tour, expedition or other product or service, in which case The Company will refund any Balance payments, but any deposits are non-refundable.
Itineraries are planned with great care. For operational reasons, it may be necessary to change the sequence of activities or the intended routes taken, and though such cases are rare, The Company recommends that itineraries should be treated only as a guideline.
CHANGES TO TRAVEL ARRANGEMENTS
The Company books or reserves all transport and accommodation well in advance, to ensure availability and standard pricing and cannot offer either full or partial refunds in the event that The Client wishes to change the transport or accommodation arrangements stipulated in their itinerary. The Client is therefore liable for the cost of any changes they make to the pre-defined transport and accommodation plans laid out in their itinerary.
The Client must notify The Company of any specific dietary requirements and/or allergies on the Registration Form at least 14 days before the start date of their scheduled workshop, tour, expedition or other travel-related product or service.
A fee is required to participate on workshops, tours, expeditions and any other travel-related product or services offered by The Company. The fee includes:
- All accommodation on those nights stipulated in the itinerary;
- All meals (including clean drinking water and fruit juices) on those days stipulated in the itinerary. Note: Any bottled beverages, such as soft and alcoholic drinks, will need to be purchased separately by The Client;
- All airport transfers on arrival and departure, all transport to and from restaurants, and all transport to and from field sites;
- All leader, guides and tour conductor support in-country, including communication via telephone, email and in person;
- Use of The Company’s equipment pool, although prior reservation of equipment (such as lenses and tripods) may be required.
The fee does not include:
- All flights (international or domestic/internal);
- Travel and health insurance (this is compulsory for all clients);
- Bottled beverages (soft drinks, beer and other alcoholic drinks)
- Other costs of a personal nature, such as purchase of medicines, gifts, local crafts, launderette services, clothes, emergency evacuation transport, etc.
HEALTH & SAFETY
Prior to travel to Peru, The Company recommends Client’s get the following vaccinations (Yellow Fever, Hepatitis A, Hepatitis B) and seek professional medical advice with regards to Malaria, Dengue fever, and Chikungunya. General health advice for travelers to Peru can also be found on the following websites: US Gov – Center for Disease Control and Prevention (http://travel.state.gov/content/passports/english/country/peru.html), UK Gov – National Travel Health Network and Centre (http://www.nathnac.org/ds/c_pages/country_page_PE.htm)
The Company management team, and anyone else working in association with The Company, cannot be held responsible for any accident or mishap that may occur in connection with any part of, or services connected with The Client’s visit. In the absence of more qualified medical assistance, The Company’s employees and staff will, to the best of their knowledge and ability, provide First Aid support if and when needed. By reading the Terms and Conditions, The Client agrees not to take any legal proceedings against The Company or its employees as a result of any First Aid treatment, advice, information or medicines given or administered during The Client’s time spent on a workshop, tour, expedition or other travel-related product or service.
HEALTH AND TRAVEL INSURANCE
It is compulsory that Clients have personal health and travel insurance. It is The Client’s responsibility to obtain sufficient personal travel and health insurance prior to their travel to a Company-organised workshop, tour, expedition or other travel-related product or service. The Company recommends taking out specific or additional insurance in case of damage or theft of personal photography equipment. The Client is willing to accept full responsibility for insurance up to limits that The Client may require. This insurance should cover personal accident, medical expenses, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury delay or inconvenience occurring to The Client and/or loss or damage to personal possessions and effects (e.g. photography equipment). When obtaining travel insurance The Client must ensure that the insurer is aware of the type of travel to be undertaken.
TRAVEL DOCUMENTS & ADVICE
The Client must be in possession of a valid passport and all visas required for the whole of their journey and The Client accepts responsibility for obtaining the same. Any information or advice given by The Company on visas, vaccinations, climate, clothing, baggage, special equipment, etc is given in good faith but without responsibility on the part of The Company.
At all times the decision of The Company’s management team will be final on all matters likely to endanger the safety or wellbeing of The Client. The Client must at all times strictly comply with the laws, customs, banking, foreign exchange and drug regulations of the countries where workshops, tours, expeditions take place. Should The Client fail to comply with the above, or should The Client interfere with the wellbeing of any of the other members of The Company, then The Company management team may order The Client to leave the workshop, tour, expedition or other travel product without recourse to any refund.
The Company shall not be liable for any damage or loss if the failure to abide by these Terms and Conditions and is: 1) attributable to The Client; 2) attributable to a third party unconnected with the provision of the services contracted for and the event is unforeseeable or unavoidable; 3) due to unforeseen and unusual circumstances beyond The Company’s control, the consequences of which could not have been avoided even if all due care had to be exercised; 4) due to political disputes, industrial action, climate or other matters of a similar nature and any other Force Majeure; and 5) due to an event which The Company, even with all due care and attention could not foresee or forestall. Any liability is limited to the full fee paid by The Client. In all cases The Company specifically excludes all liability for indirect or consequential loss or expense including loss of profits by The Client.
CLAIMS AND COMPLAINTS
If The Client has a minor complaint against The Company or service providers (e.g. lodges, hotels) The Client must first inform a representative of The Company in order that the matter be discussed and rectified. Official complaints must be put in writing within 7 days of the end of The Client’s time with The Company.
Due to political and cultural differences, as well as generally tougher physical conditions, travel to the areas of research for The Company involves risks other than those we take in our daily lives. It is important The Client makes themselves aware of the risks involved, and is responsible for making their travel plans and insurance decisions accordingly.
PHOTOS AND FILM
The Client should be aware that they may be photographed and/or filmed while participating on The Company’s workshops, tours, expeditions and other travel-related products. The Company reserves the right to use such material for any publications or marketing uses and promotional literature. If the Client is opposed to this, they must provide written notification to The Company before their start date.
All official complaints should be made in writing to either one or both of the Co-directors of The Company.
CODE OF CONDUCT
General – As well as providing a positive learning environment and an unforgettable experience for all Clients, The Company is dedicated to nature conservation and minimising environmental impacts. For reasons of health and safety, and to ensure high levels of respect for the local environment, all Clients and staff are required to abide by a Code of Conduct. The Company’s management team reserves the right to evict any Client who is found in breach of this Code of Conduct;
Smoking – Smoking is permitted only in designated areas. During transfers and transport to/from field sites (taxis, buses, vans, boats), and on footpaths and forest trails, smoking is strictly prohibited;
Litter/Trash – Littering is prohibited at all times. Clients must dispose of all litter, trash and other waste using appropriate receptacles provided at hotels, ecolodges, and other field sites visited. This especially applies to cigarette butts and chewing gum.
Alcohol – Although moderate consumption of alcohol is permitted to those over the age of 18, drunken or antisocial behaviour will not be tolerated at any time. Clients are requested not to buy and take alcoholic drinks with them on workshops, tours, expeditions and other visits into the field. Alcoholic drinks can be purchased from the designated bars at the hotels, ecolodges, research stations and other accommodations that The Company uses;
Local laws and customs – Clients must take care to respect local customs and must abide by the laws of the country in which the workshop, tour, expedition and other travel-related service organised by the The Company takes place. The Company reserves the right to expel a Client in the case of a serious violation of national laws, for instance possession or use of illegal drugs. Violation of a national law will be reported to the police;
Local wildlife – Clients are expected to respect local wildlife, including plants and animals. Plants and animals should not be removed from their native habitat for more time than is absolutely necessary, and should be returned to their site of capture at the earliest opportunity. Expert advice will be provided by workshop and tour leaders. Much of the wildlife in the areas visited is fragile and sensitive to humans, and care should be taken to minimise impacts on nature as much as possible. Transporting live or dead specimens (whole or part thereof) of plants and animals away from their local ecosystem or between sites is strictly prohibited;
Damage – Clients are required to pay for the cost of any damage inflicted on The Company’s property (e.g. equipment and materials) that is not considered by the management team to be the result of general wear and tear. This also applies to accidental loss or theft of equipment lent to The Client by The Company during the course of a workshop, tour, expedition or other travel-related service.
Gross misconduct – Gross misconduct will be misconduct deemed to be so serious that The Company can no longer tolerate the presence of The Client. Examples of gross misconduct may include; physical violence; theft; deliberate damage to Company property; possession or use of illegal drugs. A Client who commits such an act will be evicted from the workshop, tour, expedition and other travel-related product and will forfeit any rights to reimbursement.
Dr. Chris Kirkby & Mr. Mark Fernley (Co-Directors)
Untamed Photography Limited
14 London Road, Newark, Nottinghamshire NG24 1TW
Tel: +51 993915158 / 930284729