Your contract is with Coral Cay Conservation Limited, a company registered in England and Wales (Company number 02590980) whose registered office is at the Granary, Shoelands Farm, Puttenham. Surrey. GU101HL, our successors and assigns;

 

1.     DEFINITIONS AND INTERPRETATION

1.1.        In this document, the following terms and expressions are used:

“Booking Receipt” means the document showing receipt of the Deposit and containing the invoice for the payment due for the Expedition;

"CCC" means Coral Cay Conservation Limited, a company registered in England and Wales (Company number 02590980) whose registered office is at the Granary, Shoelands Farm, Puttenham. Surrey. GU101HL, our successors and assigns.

"Code of Conduct" means the set of rules and guidelines that the team shall abide by whilst on the Expedition.

"Contract" means the contract made between the Volunteer and CCC in connection with an Expedition incorporating these terms and conditions.

“Arrival Date” means the date of Arrival at the destination country.

"Deposit" means the non-refundable first instalment payable upon booking          the Expedition.

"Expedition" means the planning, preparation and training for, and ultimately participation in, an overseas expedition for a length of time agreed at the time of booking, as described on the website www.coralcay.org.

"Booking Form" means the application form found on the CCC website under the side bar “Book Now” (which includes a medical form) or school application form required by CCC to enrol a Volunteer on the Expedition that includes contact and personal details of the Volunteer and constitutes a signed declaration of intent to accept these terms and conditions.

"Expedition Assistant" means any adult volunteer on the Expedition who is not the Field Base Manager or a Volunteer.

"Field Base Manager" means the person employed by CCC who has sole discretion for making decisions on behalf of the Team during the Expedition in relation to the Expedition.

"Force Majeure" means any situation or event beyond the control of CCC including (but not limited to) an act of god, war or threat of war, riot, civil strife, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, volcanic activity, fire, outbreak of disease or imposition of quarantine, epidemics or health risks, closed or congested airports, ports or stations, changes imposed by re-scheduling or cancellation of transport by the transport supplier such as flights by airlines or main charter, the alteration of transport, transport schedule or transport types, adverse weather conditions (actual or threatened), adverse diving conditions, avalanche and technical failure with transport, Foreign and Commonwealth Office advice changing and advising against travel to the Expedition destination, poor local infrastructure, or where CCC deems the safety of a group could not be guaranteed.

"Leader Team" means the Field Base Manager and Project Scientist and where included on the Expedition any Expedition Assistants.

"Major Change" means a significant change in the itinerary, destination or the length of the Expedition;

"Volunteer" means the person taking part in the Expedition.

"Team" means the group departing on an Expedition including the Leader Team.

1.2.        Where the expression "Volunteer" includes two or more persons, the obligations expressed or implied relate directly to each individual Volunteer.

1.3.        Any reference to a statute shall include any statutory extension or modification or re-enactment of such statute and any other instrument plan, regulation, permission or direction made or issued there-under or delivering validity there-from.

1.4.        Wording importing the singular meaning shall include the plural meaning and vice versa. All wording within the Contract is generalised to the Volunteer, referring to the masculine, feminine and neuter genders.

1.5.        The clause and paragraph headings are for convenience only and shall not affect the construction of this document.

1.6.        The expressions used in the Booking Form and other documents issued by CCC to the Volunteer shall have the same meanings when used in these terms and conditions.

 

2.     YOUR AGREEMENT

2.1.        The Volunteer must be a member of the Coral Cay Conservation Society to be eligible to make a booking. The annual Coral Cay Conservation Society Membership Fee is £25 and payment can be made at the time of initial booking. The Coral Cay Conservation Society Membership Fee is non-refundable under any circumstances.

2.2.        When you make a booking, you do so on behalf of yourself and others on whose behalf you have booked. You warrant and guarantee that you have the authority to accept, and do accept, these terms and conditions which shall apply to your booking to the exclusion of all other terms and conditions.

2.3.        Bookings can only be made via the CCC website unless alternative arrangements are agreed in writing by CCC. When making a booking, you must submit to us your completed online Booking Form and your Deposit. The Contract between us will come into existence once we have issued to you our Booking Receipt.

2.4.        Our Booking Receipt will not be issued until we have received your completed Booking Form and Deposit.

2.5.        The Contract shall continue until the Expedition has ended but such expiry shall not affect accrued rights and liabilities of the parties and shall not affect any continuing obligations of the parties under the Contract.

2.6.        Our Booking Receipt will be issued to you following receipt and approval of the completed Booking Form referred to above. Please check the contents carefully and, in the event of any discrepancy, contact us immediately. Any discrepancies which are not notified to us within the timescale prescribed in these terms and conditions may lead to you incurring additional costs and charges.

2.7.        You confirm that the Booking Form has been completed fully and accurately and you will inform us in writing as soon as possible, and not less than 60 days before the Arrival Date if any of the details provided on the Booking Form have changed.

2.8.        Subject to the Unfair Contract Terms Act 1977, all conditions and terms implied by statute or common law are excluded to the fullest extent permitted by law.

2.9.        The website and brochure are prepared several months before the Expedition(s) commence and although every effort is made to ensure complete accuracy, it is inevitable that some of the prices or details may have changed since the brochure was printed and/or the website was created. We will inform you prior to entering into the Contract of any changes to the Expedition that we are aware of at that time.

2.10.     Only a company director of CCC has authority to vary or waive any of these terms and conditions or promise any discount or refund. No verbal quote shall be binding on CCC.

 

3.     SPECIAL REQUESTS

3.1.        If you have any special requests, you should inform us of such requests when booking. We cannot guarantee that such requests will be met and shall have no liability to you if such requests are not met. Confirmation that a special request has been noted or the inclusion of the special request on your Booking Receipt or any other documentation is not confirmation that the request will be met.

 

4.     DECLARING MEDICAL PROBLEMS, ILLNESS OR DISABILITY –HEALTH AND SAFETY

4.1.        If any Volunteer has any medical problem or disability, please tell us before you make your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must notify us on the Booking Form. If any medical problems or disabilities are suffered or arise between the Booking Form being submitted and the Arrival Date you must notify us immediately. We reserve the right to decline or cancel a booking or part of a booking without having to pay any compensation if:

4.1.1.           any medical problem or disability is disclosed to us on the Booking Form;

4.1.2.           any medical problem or disability is disclosed to us after the Booking Form is submitted to us but before the Arrival Date; or

4.1.3.           any medical problem or disability is not disclosed to us; and such medical problem or disability is likely to prejudice the Volunteer’s health and safety or the health and safety of anyone else participating in the Expedition. We may require a Volunteer to obtain further confirmation from a medical professional of our choosing that he/she is fit to travel. You acknowledge and agree that if we reasonably believe that any Volunteer is not sufficiently fit to take part in the Expedition we may decline or cancel that Volunteer’s place on the Expedition at any time.

4.2.        Where any Volunteer has come into contact with any infectious disease you must notify us immediately. Where the Arrival Date falls within the accepted quarantine period for transmission of the disease, we reserve the right to exclude that Volunteer as set out in Condition 3.2 above; this shall be deemed to be cancellation arising from an event of Force Majeure.

 

5.     YOUR RESPONSIBILITIES

5.1.        By signing the booking form you/the Volunteer confirm that you/the Volunteer are aware of, understand and consent to the likely physical demands of the Expedition. You/the Volunteer confirm that you are aware of the possible effects of such things as, but not restricted to, diving related injuries or illnesses (such as, but not limited to, decompression sickness, expansion injury, injury to eardrums), sea sickness, high altitude, travel by boat, travel sickness, poor local hygiene, heat related illnesses, fatigue, jungle, desert or cold environments, and tropical diseases. You declare yourself/the Volunteer to be sufficiently physically fit and medically healthy to participate safely. You confirm that you/the Volunteer consent to our Code of Conduct and accept the authority of the Leader Team.

5.2.        We recommend that you research your chosen destination, safety and security measure and any health considerations prevalent in that jurisdiction, medications, inoculations or prophylaxis required (including the timescales for securing inoculations/taking prophylaxis) using such resources as www.nathnac.org, www.fitfortravel.nhs.uk and www.fco.gov.ukbefore booking.

5.3.        You/the Volunteer must at all times throughout the Expedition abide by the laws and customs of the countries visited and behave in a respectful and considerate manner to local people and to other members of the Expedition.

5.4.        Your/the Volunteer’s behaviour during the Expedition must not prejudice the safety and wellbeing of all or any member of the Expedition, or its satisfactory progress.

5.5.        Any arrangements which you/the Volunteer make independently which do not form part of the published Expedition itinerary are entirely at your own risk. In such an event we will have no liability to you/the Volunteer.

5.6.        We provide specialist equipment for the Expedition and we are responsible for the maintenance of such equipment. Where you/the Volunteer deliberately or recklessly cause damage to any such equipment, whether during the Expedition or during any pre-Expedition training provided by us, you shall indemnify us and keep us indemnified from all losses arising from any such wilful or reckless damage so caused including legal costs of making a recovery against you.

5.7.        You will be responsible for arranging any transfers from your arrival airport to the project site and to your arrival airport upon your return from the Expedition (unless stated otherwise in your Project Summary).

 

6.     YOUR FINANCIAL PROTECTION

6.1.        The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under the Package Travel, Package Holidays and Package Tours Regulations 1992 for Coral Cay Conservation, and in the event of their insolvency, protection is provided for the following:

 

1.     non-flight packages commencing in and returning to the UK;

2.     non-flight packages commencing and returning to a country other than the UK; and

3.     flight inclusive packages that commence outside of the UK, which are sold to customers outside of the UK.

 

1, 2 and 3 provides for a refund in the event you have not yet travelled.  1 and 3 provides for repatriation.  Please note that bookings made outside the UK are only protected by ABTOT when purchased directly with Coral Cay Conservation.   

 

7.     YOUR EXPEDITION PRICE

7.1.        When you make your booking you must pay a Deposit of [two hundred and fifty pounds (£250.00)] per person. You must pay the balance of the cost of the Expedition no later than 8 weeks before the Arrival Date, otherwise we reserve the right to cancel your booking and the Contract. If the balance is not paid in time and we cancel your booking we shall retain your Deposit and any instalments paid as set out in clause 8.

7.2.        In respect of the balance referred to in clause 6.1 and in respect of all payments payable under the Contract for the Expedition, the confirmation will set out the payment dates and amounts of payments due and shall be subject to these conditions.

7.3.        Changes in transportation costs, including the cost of fuel, taxes, duties or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and fluctuation in exchange rates mean that the price of your Expedition may change after you have booked. There will be no change within 30 days of your Arrival.

7.4.        We will absorb and you will not be charged for any increase equivalent to 2% of the price of your arrangements, which excludes insurance premiums and any amendment charges. You will be charged for any amount over and above that. If this means that you have to pay an increase of more than 10% of the price of your Expedition, you will have the option of accepting a transfer to another Expedition if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the date that we inform you of the increase and send the final invoice.

7.5.        Should the price of your Expedition go down due to the changes mentioned above, by more than two per cent (2%) of your Expedition cost, then any refund due will be paid to you. However, please note that some parts of the Expedition are not always purchased in local currency and some apparent changes have no impact on the price of your Expedition due to contractual and other protections in place.

7.6.        The price of your expedition will be calculated using exchange rates quoted in the Financial Times Guide to World Currencies on 01/05/2013.

7.7.        Where any payment due under the Contract from you is overdue, we reserve the right to charge you interest (both before and after any judgment) on the amount unpaid, at the rate of four per cent (4%) per year above HSBC Bank Plc base rate from time to time, until payment in full is made (a part month being treated as a full month for the purpose of calculating interest).

7.8.        Please note that we impose a 2.5% surcharge in respect of all payments you make by Credit Card.

 

8.     IF YOU CHANGE YOUR BOOKING

8.1.        We start to incur costs from the moment you make your booking. If, after our Booking Receipt has been issued, you wish to change your Expedition in any way, we will do our utmost to make these changes but it may not always be possible.  Any request for changes to be made must be in writing from you. You will be asked to pay an administration charge of fifty pounds (£50.00) together with any further costs we incur in making this alteration (an “Amendment Charge”). You should be aware that these costs could increase the closer to the Arrival Date that changes are made and you should contact us as soon as possible if you need to amend the booking.

8.2.        We may, at our discretion, allow you to transfer your booking to another person provided that such other person indicates their acceptance of these Terms and Conditions and satisfies the requirements set out in them and any requirements set out in our health and safety policies. In the event of such a transfer an amendment charge as set out in clause 8.1 shall be payable by you to cover the costs incurred by us in making this alteration, and in addition we will retain the Deposit which will not be refundable. We will make no refunds of any balance paid until the person taking over the booking has paid the amount of the total price which is due. We accept no liability to you if we refuse to transfer your booking to another person for any reason.

 

9.     IF YOU CANCEL YOUR EXPEDITION

9.1.        You may cancel your Expedition at any time. Your written notification must be received at our office. Since we incur costs in cancelling your Expedition, you will have to pay the applicable cancellation charges up to the maximum shown below.  We recommend that your travel insurance provides for your reimbursement in the event of a cancellation. You will remain liable for any losses arising from your/the Volunteer's breach of the terms and/or conditions of the Contract.

 

Time before Arrival that notice of

cancellation is received by CCC

Percentage of Expedition price

Payable by the Volunteer

Time before Arrival that notice of

cancellation is received by CCC

Percentage of Expedition price

Payable by the Volunteer

Less than 15 days

100%

More than 6 months but less than 7 months

50%

More than 16 days but less than 1 month

95%

More than 7 months but less than 8 months

45%

More than 1 month but less than 2 months

90%

More than 8 months but less than 9

months

40%

More than 2 months but less than 3 months

80%

More than 9 months but less than 10 months

35%

More than 3 months but less than 4 months

65%

More than 10 months but less than 11 months

30%

 

More than 4 months but less than 5 months

60%

More than 11 months but less than 12 months

25%

More than 5 months but less than 6 months

55%

More than 12 months

£200 plus £50 for each month from the date 30 days after the contract with the Volunteer is formed.

 

 

9.2.        Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges but it is your sole responsibility to do so and we accept no liability for any acts or omissions of your insurance company.

 

10.  IF WE CHANGE OR CANCEL YOUR EXPEDITION

10.1.     It is unlikely that we will have to make any changes to your Expedition, but we do plan Expeditions many months (and sometimes years) in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time.  Most of these changes 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 Expedition. For example, if the minimum number of Volunteers required for a particular Expedition is not reached, we may have to cancel it. However, we will not cancel your Expedition less than 4 weeks before the Arrival Date, except for reasons of Force Majeure or failure by you to pay the final balance. Subject to clause 9.3, if we are unable to provide the Expedition to your original destination(s) or an alternative destination, you can either have a refund of all monies paid or accept an offer of an alternative Expedition of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value price). If it is necessary to cancel your Expedition for reasons other than Force Majeure, we will pay to you compensation as set out in the table below.

10.2.     If we cancel the Expedition we will not be liable for any indirect or consequential loss suffered by you such as, but not limited to, loss of earnings, travel arrangements, subsequent tours or flight arrangements. 

10.3.     If we make a Major Change to your Expedition, we will inform you as soon as reasonably possible if there is time before your Arrival Date. You will have the choice of either accepting the change of arrangements, accepting an offer of an alternative Expedition of comparable standard from us if available (we will refund any price difference if the alternative is of a lower price), or cancelling your Expedition and receiving a full refund of all monies paid. In all cases of Major Change, except where the Major Change arises due to reasons of Force Majeure, we will pay compensation as detailed below:

IF WE MAKE A MAJOR CHANGE TO OR CANCEL YOUR EXPEDITION

 

Period before Arrival within which notice of cancellation or Major Change is notified to you

Amount you will receive from us

More than 61 days before Arrival Date

£0

31-60 days before Arrival Date

£10

16-30 days before Arrival Date

£20

Less than 15 days before Arrival Date

£30

 

 

10.4.     The compensation that we offer does not exclude you from claiming more if you are entitled to do so by law.

10.5.     Force Majeure: This means that we will not pay you compensation if we have to cancel or change your Expedition in any way because of unusual or unforeseeable circumstances beyond our control (see the definition of Force Majeure in Clause 1 above).

 

11.  OUR LIABILITY TO YOU

11.1.     Our obligations and those of our suppliers providing any service or facility included in your Expedition are to take reasonable skill and care to arrange for the provision of such services and facilities and where we or our supplier is actually providing the service or facility, to provide them with reasonable skill and care.

11.2.     You should be aware that standards including safety and hygiene may be lower than you would expect in the UK. The services provided as part of the Contract we have with you will be deemed to be provided with reasonable skill and care if they comply with the local (in country) standards where the service is delivered.

11.3.     If the Contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your Expedition. However we will not be liable where any failure in the performance of the Contract is due to;

11.3.1.        you/the Volunteer;

11.3.2.        a third party unconnected with the provision of the Expedition;

11.3.3.        unusual and/or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or

11.3.4.        an event which we or our suppliers, even with all due care, could not foresee or forestall.

11.4.     Our liability in contract, tort or otherwise arising, except in cases involving death, fraudulent misinterpretation or personal injury, shall be limited to a maximum of twice the price paid by any individual Volunteer to undertake the Expedition. Our liability will also be limited in accordance with and/or in an identical manner to:

11.4.1.        the contractual terms of the parties that provide the transportation for your travel arrangements. These terms are incorporated into this Contract; and

11.4.2.        any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any applicable conventions.

11.5.     You can ask for copies of the international conventions from our offices.

11.6.     By signing this agreement, you agree that we will not be liable for any consequential loss arising from any breach of this contract including but not limited to lost job opportunities, wages or onward flights.

 

12.  PASSPORT, VISA, IMMIGRATION REQUIREMENTS AND LOCAL LAWS AND REGULATIONS

12.1.     Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility and shall not be liable if you/the Volunteer cannot travel or cannot participate in any part of the Expedition because you/the Volunteer have not complied with any passport, visa or immigration requirements. For full information on any passport or visa requirements, see the UK Passport Office website – www.passport.gov.uk or, if you are not a UK Citizen, the equivalent for your country of origin/citizenship.

12.2.     You are responsible for obtaining and having available the necessary documents (including but not limited to full, current passport valid for the duration of the Expedition and at least [6] months from the last day of the Expedition and visas for all periods, countries and territories within the Expedition) enabling you to participate in the Expedition (including all costs, charges or fees relating to the same) and shall comply with all local legislation and regulations of the Countries in which the Expedition takes place (including immigration requirements, customs regulations and currency exchange). You shall indemnify us against any loss or expense that we may incur or suffer as a result of breach of this clause by you.

 

13.  EXCURSIONS

13.1.     Excursions or other tours that you may choose to book or pay for whilst you are on Expedition are not part of your Expedition arrangements provided by us. For any excursion or other tour that you book, your Contract will be with the operator of the excursion or tour and not 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. Costs paid for excursions are separate from the cost of the Expedition and may not be refundable in the event of cancellation by you of the Expedition.

 

14.  BEHAVIOUR

14.1.     Whilst an Expedition is in progress you will act at all times in accordance with all reasonable instructions from us and/or the Field Base Manager.

14.2.     We may exclude you or the Volunteer from the Expedition or any part thereof at any time (including during the Expedition itself) if we are of the opinion that you or the Volunteer are likely to prejudice the good order, discipline or safety of the Expedition, including as a result of failing to comply with the Field Base Manager’s instructions, breaking any law or regulation of any country where the Expedition takes place or failing to adhere to the Code of Conduct, provided that we exercise our discretion reasonably in this regard. In such event, you shall reimburse to us any reasonable costs, losses or expenses which we incur or suffer as a result of our decision to exclude you/the Volunteer.

14.3.     In the event of you/a Volunteer being excluded from the Expedition under the provisions of this clause, no refunds will be given and we will not be responsible for and you agree to indemnify us against any costs arising.

 

15.  HEALTH AND SAFETY

15.1.     By signing the declaration on the booking form you confirm that you do not suffer (or have ever suffered) from any pre-existing medical condition that may prevent you from actively participating in the Expedition other than those that have been declared to us.

15.2.     It is your responsibility to ensure that you have received the necessary inoculations and medications (and taken them as prescribed by your doctor) relevant to the destination country (any costs, charges or fees for which you are solely responsible for). Unless informed otherwise in writing we will assume that you are in good health and are not aware of any reason why you (or the Volunteer) may be unsuited to taking part in the Expedition. We recommend that you/the Volunteer consult your/their Doctor before making a booking to ensure that you/the Volunteer are medically fit and are fully aware regarding the immunizations and medical issues related to your/the Volunteer’s destination Country.

15.3.     If you/the Volunteer has any pre-existing medical condition, illness or disability, are undergoing medical treatment or, since entering into the Contract, develop any medical condition, illness or disability or undergo any medical treatment you must give us full particulars at the earliest opportunity and at the latest sixty (60) days before the Arrival Date. If it is later discovered that a pre-existing condition was not declared within the specified time, and such condition would, if we had knowledge of it, led to our refusal to accept or to cancel your booking, we reserve the right to withdraw you/the Volunteer from the Expedition without any refund or recompense. In such event, you shall reimburse to us any reasonable costs, losses or expenses which we incur or suffer as a result. In the event of a Volunteer being withdrawn from an Expedition, no refunds will be given and we will not be responsible for (and you agree to indemnify us against) any costs, claims, losses and expenses arising including costs of repatriation e.g. flights and legal expenses.

15.4.     By agreeing to these terms and conditions, you provide your consent to us and our insurers obtaining your/the Volunteer’s medical records should we consider it necessary. You will be responsible for any charges for the provision of the information.

15.5.     If the information provided by you is incorrect and we discover that the correct information affects your/the Volunteer’s suitability to take part in the Expedition, we may terminate the Contract and withdraw you/the Volunteer from the Expedition without refund or recompense, including during the Expedition. In such event, you shall reimburse to us any reasonable costs, losses or expenses which we incur or suffer as a result. In the event of a Volunteer being withdrawn from an Expedition, no refunds will be given and we will not be responsible for (and you agree to indemnify us against) any costs claims losses and expenses arising including costs of repatriation e.g. flights and legal expenses.

 

16.  INSURANCE

16.1.     All Volunteers must be covered by personal travel insurance.

16.2.     Where the Volunteer provides insurance, the volunteer agrees to effect full personal medical and travel insurance and agrees to be personally responsible and liable for ensuring that such insurance cover fully meets their personal requirements and the minimum requirements as recommended in the CCC project summary.

16.3.     The volunteer acknowledges the importance of insurance provision in respect of their spouse, dependent children and/or relatives and accepts responsibility for assessing their own personal circumstances and arranging any additional insurance cover that they personally deem to be necessary.

16.4.     The volunteer further agrees to ensure that their insurers are aware of the type of travel and work to be undertaken during the expedition and accepts the insurance proposal upon such basis.

 

17.  DATA PROTECTION AND PUBLICITY

17.1.     We shall ensure that proper appropriate security measures are in place to protect your personal data (as defined in the Data Protection Act 1998). When you make a booking, you consent to all the information you provide being passed on to our suppliers, agents, sub-contractors, insurers, medical organisations that may need to treat you or comment on your health, employees or volunteers whether based inside or outside the European Economic Area for the purposes of our providing you with the Expedition.

17.2.     By agreeing to these terms and conditions, you/the Volunteer consent (unless otherwise stated on your Booking Form) to our staff taking photographs and or video footage of you/the Volunteer during the Expedition and that these images may be used by us for publicity and training purposes including, but not limited to, in brochures, websites and, marketing material.

 

18.  IF YOU HAVE A COMPLAINT

18.1.     If you have a problem during your Expedition, please inform the Field Base Manager immediately who will endeavour to put things right. If your complaint is not resolved locally, please follow this up by writing to our office at the Granary, Shoelands Farm, Puttenham, Surrey. GU101HL, giving your booking reference and all other relevant information and where possible evidence. We must receive any such complaint not later than 28 days of the date of your return from the Expedition. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.

18.2.     It is strongly recommended that you communicate any complaint to the supplier of the services in question as well as to our representative without delay and complete a report form whilst on Expedition.

18.3.     If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in-country and this may affect your rights under this Contract as you will have failed to have mitigated (minimised) your losses and will be unable to recover compensation for this element subsequently.

 

19.  IMPORTANCE OF COMPLETING FEEDBACK FORMS AND REQUIREMENT TO DO THIS BEFORE PADI AND ECP CERTIFICATES ARE RELEASED TO YOU.

19.1.     We take customer satisfaction and feedback very seriously. We also want you to tell us how much you enjoyed your expedition and how we can improve what we do. On the last day of your expedition, you will be sent a link to an electronic feedback form and will be required to complete it and send it to CCC Head Office. Upon completion of the feedback form you will be sent certification for any PADI, ECP and other qualifications you have successfully completed. You agree that we will not issue certificates unless feedback forms are completed by you and received by us.

 

20. INTELLECTUAL PROPERTY AND RESEARCH DATA

20.1.     The volunteer acknowledges and accepts that all information and data collected by the volunteer during the expedition is for the sole, exclusive use of CCC and that CCC retains sole, full and exclusive copyright, publishing and commercial rights in, and complete editorial control over, this information and data.

20.2.     The volunteer waives all rights in relation to the data and information collected by them during the expedition and agrees not to seek or hold out ownership rights, duplicate in any form, publish, render public or make use in any other way of data and information they have collected during the expedition, unless expressly permitted to do so in writing by a serving director of CCC.

20.3.     The volunteer agrees that any written, video, film or photographic works they may be asked to make by CCC during their expedition shall be the sole property of and sole copyright of CCC and may not be duplicated or used for any purpose whatsoever by the volunteer unless expressly permitted to do so in writing by a serving director of CCC. The volunteer waives any right to be identified as the author or creator of any such works.

20.4.     The volunteer authorises and permits without charge CCC to use, publish and sell any information, reports, data, video, film and photographic works collected by the volunteer during the expedition, including any video, film or photographic images that may include the volunteer.

 

21.  GENERAL

21.1.      We shall be entitled to novate or assign the Contract or any part of it to any third party. You shall not be entitled to assign the Contract or any part of it without our express written consent.

21.2.      The Contract incorporates these terms and conditions, which are governed by English Law, and you agree to the exclusive jurisdiction of the English Courts. This is fundamental to our agreement to allow you to participate in the expedition.

21.3.      If any of these terms and conditions are found by any Court or other competent authority to be wholly or partly unfair or unenforceable the validity of the rest of the Contract and the rest of the condition in question shall not be affected and shall remain valid and enforceable to the extent permitted by law.

21.4.      Where the context so admits, words denoting persons shall include natural persons, companies, corporations, firms, partnerships, limited liability partnerships, joint Expeditions, trusts, voluntary associations and other incorporated and/or unincorporated bodies or other entities (in each case, whether or not having separate legal personality) and all such words shall be construed interchangeably in that manner.

21.5.      A person who is not a party to the Contract or these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract or these terms and conditions but this does not affect any right or remedy of a third party which exists or is available apart from this Act.

 

 

(c) Coral Cay Conservation December 2014