INSTITUTE OF WANDER TRAVEL CONDITIONS AND TRAVELLER’S PERSONAL LIABILITY 2023

 

1. Travel conditions

​

1.1. All bookings are made with Wake up in the Wild Ltd trading as Institute of Wander which is a limited company registered in England and Wales with registered number 14909761 and registered address at 58 Latimer Road, London E7 0LN.

1.2. Institute of Wander (hereinafter IOW) as the travel organiser is responsible for ensuring that the trip matches the description and the promises made to the Traveller, except in circumstances not dependent on IOW (e.g. weather conditions differing from the average of several years, pandemics, temporary or permanent policy decisions in the country of destination, repairs carried out by hotels independently from IOW, inconveniences caused by decisions made by the local governing bodies of the destination area, e.g. road repairs etc.)

1.3. IOW is not liable for any damage caused by Force Majeure (including, but not limited to, natural disasters, political incidents, strikes, religious unrest, etc.)

1.4 Content of booking agreement. The content of this booking agreement is an IOW-organised trip with the services included, as described on IOW’s webpage.

1.5 The Traveller is liable for their choice of travel insurance and its conditions. If the Traveller falls ill during the trip, has an accident, falls victim to a crime, etc., IOW will assist them in every possible way, but the Traveller will pay all additional related costs.

1.6. The word "trip" in these booking conditions includes any trail, hike, discovery tour, walk, climb, event, expedition or any other product or service sold or offered by IOW.

1.7. The price of the trip includes all services that are detailed in the trip description. The price of the trip does not include the Traveller's non-itinerary expenses in the destination, health insurance or visas.

1.8. In case of a suspected or confirmed emergency involving the Traveller or the group of which the Traveller is a member of, IOW reserves the right to arrange (or to make arrangements for its or the Traveller’s insurers to arrange) search, rescue and recovery as it deems appropriate and reasonable. The Traveller agrees to indemnify IOW and keep IOW indemnified from all losses, apportioned appropriately to the Traveller, arising from any such search, any such helicopter usage and any resulting repatriation, for medical or non-medical reasons, including the legal costs.

1.9. The terms and conditions of all agreements made with IOW shall be subject to and governed by English Law.

 

2. Signing the booking agreement and paying for the trip

​

2.1. The agreement between the Traveller and IOW becomes binding for both parties at the moment the Traveller has paid IOW for their selected trip.

2.2. When booking a trip, the price of the trip must be immediately paid according to the valid price list.

2.3. If the booking is made for a trip that requires a deposit and the booking is made more than 90 days before the start of the trip, the Traveller must pay a deposit of 30% of the trip cost per Traveller within 3 working days (unless otherwise stated). This deposit is non-refundable. The Traveller must pay for the remaining cost of the trip no later than 60 days before the start of the trip (unless otherwise stated).

2.4. If the booking is made for a trip less than 89 days before the start of the trip, the Traveller must pay for the trip in full at the time of booking (unless otherwise stated).

2.5. Even if the Traveller does not use some of the services included in the price of the trip, they are not entitled to a refund from IOW.

2.6. IOW has the right to terminate the agreement if the Traveller has not paid for the trip by the time specified in the agreement or otherwise agreed upon.

 

3. Cancelling the trip

​

3.1. If the Traveller cancels the trip more than 65 days prior to the start of the trip, they are entitled to a refund of 50% of the sum the Traveller has paid in advance to book the trip. This does not include the non-refundable deposit.

3.2. If the Traveller cancels the trip 64-46 days prior to the start of the trip, they are entitled to a refund of 25% of the sum that the Traveller has paid in advance to book the trip. This does not include the non-refundable deposit.

3.3. If the Traveller cancels the trip 45 or fewer days prior to the start of the trip, the cancellation fee will be 100% of the total booking cost. In this case, IOW will not be returning any of the cost of the trip. IOW recommends every Traveller take out travel cancellation and interruption insurance to mitigate last-minute cancellations.

3.4. In case of a serious unforeseen event (e.g. a serious health impairment or unforeseen change in the global travel situation), the Traveller has the right to demand premature termination of the booking agreement more than 50 days prior to the start of the trip and to receive a refund from IOW.

3.5 Such serious unforeseen events are considered to be the illness or accident of the Traveller or a person close to the Traveller; or the death of a person close to the Traveller. A spouse, partner, parents, children, parents of the spouse or partner, siblings, grandchildren, great-grandparents, as well as a companion with whom the trip is planned, are deemed to be persons close to the Traveller.

3.6. Other accidents that occurred independently of the Traveller’s will but involving the Traveller, which is accepted by IOW as a valid obstacle (e.g. fire, major property damage, etc.).

3.7. IOW reserves the right to cancel a trip that is not attended by enough people to make the trip economically viable. If the trip is likely to be cancelled in such circumstances, IOW will inform Travellers of this as soon as possible. This notification shall be issued at least 30 days prior to the start of the trip. In this case, the entire cost of the trip will be refunded to the Traveller.

 

4. Traveller obligations and rights

​

4.1. The Traveller will behave in a way that does not disturb their fellow travellers. Any Traveller who has grossly breached this rule might not be admitted to the trip or might be removed from the trip and is not entitled to a refund for the cost of the trip. A gross violation is considered (but not limited) to be behaviour for which at least 2 complaints have been received from fellow travellers, other travel groups or local IOW partners. Also, a behaviour where the Traveller ignores the instructions of IOW representatives or trek leaders even after repeated reminders. 

4.2 The Traveller is responsible for ensuring that they have valid travel insurance at least 40 days prior to the start of the trip, which is appropriate for said trip, which covers health insurance and has travel cancellation and interruption insurance.

4.3. During the trip, the Traveller must follow all IOW’s rules and regulations, the internal regulations of hotels and means of transport, as well as any prescriptions made by authorities.

4.4. Any Traveller who leaves the trip at any stage and for any reason is not entitled to a refund or compensation unless IOW’s owner has approved the request.

4.5. The Traveller must have appropriate and sufficient insurance for the activity before the start of the trip, and the inability to prove this may lead to their exclusion from the trip (without a refund of the trip cost).

4.6.  In order to take part in an IOW trip, the Traveller must take out adequate insurance for their activity, which will cover them for the duration of the trip. The Traveller’s insurance must cover the following things: cancellation, medical expenses, injury, death and, for longer journeys, repatriation, search and rescue, and helicopter evacuation costs.

4.7. If the Traveller is evacuated from the trip either on foot, by helicopter or in any other way, the Traveller is responsible for emergency medical rescue, evacuation and other such costs.

4.7.1. All subsequent post-rescue expenses such as hotels, food, transportation, etc. are borne by the Traveller.

 

5. Price guarantee

​

5.1. The price guarantee provides protection against unexpected price increases caused, for example, by changes in exchange rates or increases in the price of jet fuel. The price guarantee against possible future price changes applies if the entire cost of the trip is paid when ordering the trip and there are at least 45 days left before the trip.

5.2. IOW has the right to change the price of the travel package and to demand the difference from the Traveller if:

5.2.1 destination country changes taxes, fees or service charges, which affect the price of the trip;

5.2.2 transport prices or airport taxes change; there is a fuel surcharge;

5.2.3 exchange rates change significantly.

5.3. IOW will notify the Traveller immediately of price changes.

 

6. Changes in the travel itinerary and cancellation of the trip

​

6.1. Whilst IOW will make every effort to adhere to a planned itinerary, it must be realised that in this type of adventurous travel, the final itinerary may differ from that previously communicated.

6.1.1. If, for reasons beyond its control, IOW cannot carry out the itinerary as originally announced, it has the right to change the hotel, means of transport, the schedule or make other changes to the trip itinerary/route/track, provided that the quality and nature of the trip does not change significantly. IOW must notify Travellers of these changes immediately.

6.1.2. On assessing the likely conditions expected to be encountered in the mountains or in the remote terrain or on assessing the abilities of the group members, the IOW trip Leader may decide to change any aspect of the trip if they believe that to continue with the itinerary would place anyone at undue risk.

6.2. If significantly fewer Travellers have registered for the trip than are needed to carry out the trip as originally planned, IOW has the right, provided that the nature of the trip does not change significantly, to change the vehicle, schedule and route.

6.3 IOW has the right to cancel the trip if:

6.3.1. The required minimum number of Travellers has not been reached for said trip. IOW is obliged to notify Travellers of the cancellation of the trip immediately, but no later than 30 days before the start of the trip. In this case, IOW will return all deposits made by Travellers.

6.3.1.1. The required minimum number of travellers for each trip is announced separately.

6.3.2. IOW's possibilities to carry out the trip have become significantly more difficult due to what is happening in or near the destination country (wars, natural disasters, extraordinary and unplanned weather conditions, strikes, etc.). Also, if any other reasons may endanger the safety of Travellers.

6.3.3. The airline on whose flights the proposed trip is based suddenly cancels its flights and they cannot be replaced.

6.3.4. If IOW is forced to cancel the trip for reasons beyond its control, the Traveller will receive a refund of the money paid. The Traveller is not entitled to additional compensation.

6.3.5. If IOW cancels the trip due to a lack of travellers, the Traveller has the right to receive a new, similar trip at the same price, as long as organizing a compensatory trip does not cause IOW unreasonably high costs. If the replacement trip is cheaper than the original one, the difference in price will be returned to the Traveller. 

6.4. If the Traveller does not want a replacement trip, IOW will return all money paid by the Traveller.

 

7. Errors in trip arrangements and their reporting

​

7.1. If the Traveller has any questions or problems related to the trip or the travel service before the start of travel, they must inform IOW immediately before the start of travel. If, at the time of travelling, the Traveller feels that the Travel Service does not comply with the agreement, they must inform IOW of this immediately.

7.2. If the Traveller has any complaints during the trip, they will immediately inform their trip leader, who will make all reasonable efforts to resolve the complaint.

7.3. IOW trip and trek leaders will do their best to resolve any issues for the benefit of the group as a whole. Making the booking means that the Traveller accepts the trip leader’s authority to make decisions affecting the group or individuals based on the benefit of the group as a whole. For example, the trip leader may require a person to leave the group if they believe that the person's health is in danger or that the person's physical capacity is not sufficient for the trip, if an illegal act has been committed, or if the Traveller’s behaviour harms the safety, enjoyment or well-being of the group. In such cases, the Traveller concerned is not entitled to a refund or any other compensation.

7.4. If no solution is found on the spot (point 7.2.), a written complaint must be filed as soon as possible, but no later than within seven (7) days of the end of the trip and no later than within two (2) weeks of becoming aware of the event. Complaints not submitted by the deadline are deemed to have expired. Written complaints must be emailed to opheliassisterster@gmail.com. Evidence of the breach of contract and documents that prove extra costs and possible damages must be enclosed with the email.

7.5. IOW has made an error if the trip and the services offered do not match the trip description and the promises made to the Traveller.

7.6. Minor changes, which can be expected considering the nature of the destination and the trip, that do not affect the trip as a whole, cannot be considered a shortcoming.

7.7. Changes in the flight schedule (earlier/later departure or earlier/later arrival at destination) if the change is due to circumstances beyond IOW's control, cannot be considered a shortcoming

7.8. Changing the hotel immediately before departure or during the trip cannot be considered a fault of IOW, if the reason is overbooking, which is often practised by hotels.

IOW commits to replacing the cancelled hotel with a hotel of an equal or higher standard.

7.9. An unexpected change in the flight route when the airline has overbooked cannot be considered IOW’s fault. In this case, the airline offers an alternative flight option and compensates for the inconvenience according to their internal rules.

7.10. IOW is not at fault if the Traveller is unable to board the flight due to their own fault. For example, if the Traveller has lost the ticket, does not have valid travel documents or is heavily intoxicated.

7.11. Incomplete or inaccurate information provided by the reseller (another travel agency) cannot be considered IOW’s fault. The reseller is responsible for the correctness of the information provided by the reseller.

7.12. Any faults or shortcomings must be reported immediately to the IOW representative at the destination and/or the service provider. If finding a solution at the spot proves impossible, the incident must be reported to IOW as soon as possible, but no later than seven (7) days after the trip took place. Any appeal to IOW must be presented in writing.

7.13. If the Traveller wishes to receive compensation for missing and/or unsatisfactory service, the Traveller must attach original receipts or other evidence of justified additional expenses to the complaint. IOW representative/trip leader can also write about missing services.

7.14. IOW is obliged to correct any faults immediately. IOW can leave a fault uncorrected during the trip only if it proves impossible or it would cause inordinate expenses.

7.15. If a fault is left unresolved for the aforementioned reason, the Traveller has the right to receive compensation proportional to the size of the fault, from the total cost of the trip.

7.16. IOW compensates the damage caused to the Traveller’s health and property if it stems from the representative's action (or inaction) during the trip

7.17. If the error is corrected and the damage caused is compensated at the destination, the Traveller does not have the right to demand a second compensation in the country of their residence. The damage is compensated proportionally to the damage caused.

7.18. IOW is not responsible for damages caused by the Traveller's own actions and negligence.

7.19. IOW is not responsible if the Traveller becomes a victim of crime.

7.20. IOW is not responsible if the local weather does not correspond to the weather averages of many years.

7.21. IOW is not responsible if an unexpected technical failure occurs in the hotel, vehicle, etc., as well as for any damages related to the action or inaction of hotel staff or the driver of the vehicle. At the same time, IOW will help to solve the problem.

7.22. IOW is not responsible for this if the company it mediates (destination travel agency, hotel, etc.) goes bankrupt, significantly raises prices or proves unsuitable in some other way. For its part, IOW will do everything to ensure that the problems caused by these situations pass comfortably and without damage to the Traveller. Accordingly, if needed, IOW has the right to replace previously announced hotels in the itinerary with another hotel of at least equal value.

7.23. IOW is not responsible if the trip is cancelled due to the Traveller not being granted a visa.

7.24. IOW is not responsible for the technical arrangements for flights, bus transport or boat trips. If the Traveller loses their luggage, the Carrier is responsible.

7.25. Disagreements arising from the interpretation of the travel conditions will be resolved through negotiations between the Traveller and IOW. If an agreement is not reached, the right to deal with the disagreement is in the Small Claims Court. If an agreement cannot be reached in this way as well, then in accordance with the procedure prescribed by English legislation.

 

Traveller's Personal Liability

​

1.1 “The British Mountaineering Council (BMC) recognises that climbing, hill walking, and mountaineering are activities with a danger of personal injury or death. Participants in these activities should be aware of and accept these risks and be responsible for their own actions and involvement.”

 

IOW believes that when activities become predictable and completely safe (if that is even possible), they cease being exciting and lose their element of adventure. Adventures always have a possibility of an uncertain outcome and always carry risks. IOW informs their Travellers at the start of the trip of the risks associated with the trip, as well as the processes that IOW uses to manage and mitigate risks. It is essential to understand that IOW cannot remove all risks for its Travellers, trip leaders or the people around them. 

 

1.2. At the start of the trip, the Traveller is aware that IOW does not have accident insurance or public liability insurance and is therefore aware that they are not insured by IOW should an accident occur as a result of a situation in which the Traveller is at fault. Based on the above, IOW strongly recommends its Travellers take out personal travel, accident and cancellation insurance suitable for the activities during the trip.

 

1.3. IOW asks Travellers to be aware that going into mountain areas and wild nature is a potentially dangerous activity. Anyone joining IOW tours and mountain hikes must seriously consider potential hazards and take full responsibility for their participation as well as acknowledge and accept these risks.

 

1.4. At the start of the trip, the Traveller confirms that they have received comprehensive and sufficient information from IOW about the risks associated with the activities and possible cases of injury.

 

1.5. At the start of the trip, the Traveller confirms that they do not suffer and have not suffered from illnesses that can cause acute attacks.

 

1.5.1. Neither IOW nor any of its representatives shall be liable for illness, injury or death incurred during the trip, unless such illness, injury or death is caused by IOW's representative's gross negligence, nor is IOW liable for any uninsured damages for any personal property or equipment taken on the trip.

 

1.6. At the start of the trip the Traveller confirms that they are not under the influence of alcohol, strong drugs or other narcotic substances. 

 

1.7. Any claim against IOW is governed by English law and any action must be brought in the court of IOW's seat.

 

I have read the above thoroughly and understand what the Traveller Liability and IOW Travel Conditions mean. I understand that by paying both the deposit and the rest of the total price of the trip to IOW, I accept the risks that the trip may involve.