Terms and Conditions
Before commencing your expedition and implicitly assenting to the Declaration of Indemnity through your use of our services, please ensure that you have read, considered and understood the general information provided by our website and any email correspondence supplied by our coordinators pertaining to arrangements on our expeditions.
The outline itineraries with which you may have been or may in future be provided are to be understood as an indication of what each expedition aims to accomplish and not as a contractual obligation on our part. Expeditions are adventurous challenges that involve inherent risks and are subject to the influence of numerous factors that may prevent successful completion of the intended goal.
Your contract is made with ‘Exposure Limited’ – of which ‘Team Kilimanjaro’ (hereinafter ‘TK’), is a trading name. The terms and conditions described in this document are referred to as those provided by ‘TK’ and relate to services supplied by Exposure Limited as described on the Team Kilimanjaro website hosted at the following domain: https://teamkilimanjaro.com. Exposure Limited is registered in Gibraltar under company number 116365.
These conditions of participation have been formulated in consideration of our responsibilities under law. They do not affect your statutory rights. Exposure Limited coordinates your participation in their ‘Team Kilimanjaro’ expeditions subject to your agreeing the conditions set out below.
Your Contract
When you consent to participate in the expedition you undertake that you accept, and have the authority to accept, these conditions. These conditions, in conjunction with the information provided to you by our coordinators via email correspondence, form the entire agreement between ourselves and yourself.
Cancellation Policy
Please see our cancellation policy.
Delivery Policy
On receipt of your completed payment we will email you a final costs advice that will detail the services you have paid for, and will serve as proof of your eligibility to obtain the services detailed on this document on arrival into East Africa.
Documentation
TK expedition coordinators provides general information about passport and visa requirements, vaccination and health requirements, accommodation details, and the times and places of intermediate stops and transport connections. On arrival at the location in East Africa from where our contractual obligations towards you are to be agreed to commence, you must ensure that your travel documents, full ten-year passport (with a minimum of six months remaining validity from the end of the expedition), visas, and vaccination certificates are in your possession and are legally compliant.
Your expedition coordinator is able to give general advice on these matters but such requirements are subject to change and we are not to be held responsible if you do not verify current requirements prior to your departure with appropriate sources of specialised authority. If failure on your part to obtain or endorse as necessary any such documents results in fines, surcharges or other financial penalty being imposed upon us then you agree to reimburse us accordingly. We are not liable to you for any costs, expenses or other sums incurred by you as a consequence of a refusal to allow you into any country, region, park or facility on the itinerary as a result of there being insufficient remaining validity on your passport, or of any administrative omission on your part of similar consequence. The information in this agreement, and in the email correspondence and documents supplied to you by our coordinators, was / is correct at the date of publication, and was / is given in good faith but without responsibility on the part of your expedition coordinator to verify current legal or regulatory compliance. Where applicable, the onus is to be accepted as resting on you to verify with the relevant legislative or regulatory authority all current requirements prior to your expedition.
Conditions of Carriage / Accommodation
The services described by the ‘Team Kilimanjaro’ website are exclusively those of an expedition organiser operating in East Africa. We are neither a carrier, an air traffic organiser, a travel agent, a tour agent, a package re-seller, nor a provider of accommodation. Each journey (whether undertaken or not) by land, sea or air is governed by the conditions of the carrier undertaking to provide that carriage. Some of these conditions limit or exclude liability and are often the subject of international agreements. Copies of applicable conditions should be available for inspection at the offices of the carrier concerned or are made available by the carrier in digital formats. In prepared itineraries, transport timings are provided by the carrier concerned and are subject to such considerations as weather conditions, maintenance requirements, the ability of passengers to check-in on time and, in the case of flights, to air traffic control restrictions.
Accordingly, timings of flights and other forms of transport that we may relay details of to you and which will have been provided to us by third party carriers with whom we may at times liaise on your behalf (but with whom you are to understand that a separate contract and terms is to exist), are to be understood as estimates only and cannot be guaranteed. Internal flights are particularly vulnerable to change. We have no control and accept no liability whatsoever for cancellations and delays which are subject to operational decisions by airlines and / or traffic control authorities.
You are responsible for checking-in for flights at the correct time and for presenting yourself to take up all pre-booked components of your expedition. If flight delays mean that any additional transfers are required to enable you to join the group, these costs must be met immediately by you and will usually be able to be reimbursed by the provider of your travel insurance policy, where you have elected to obtain one. Exposure Limited’s ‘Team Kilimanjaro’ services, responsibilities and contractual obligations do not commence until the appointed time at the designated meeting point in East Africa. No credit or refunds may be given if you fail to take up any component of your expedition, or if you lose, mislay or destroy any travel documents. The availability or provision of accommodation is subject to the ‘house rules’ of the accommodation provider with whom we will often liaise on your behalf, but with whom a separate contract between the guest and accommodation provider is to exist.
This expedition will take place in a country where travel and accommodation standards are likely to be less developed and carry a higher degree of inherent risk than you may be used to in your country of work or residence. You undertake to accept the consequences of forfeiting access to facilities and amenities that would be considered to be normal in a developed country.
Insurance
Obtaining travel insurance cover is strongly advised. However, it is not administratively possible for us to authenticate every participant’s policy for trekking expedition eligibility. You accept responsibility for ensuring that you are aware of the limitations of the policy to which you subscribe. You are therefore requested to examine for yourself the wording of any arranged policy, particularly with respect to the maximum stipulated altitude at which policy cover will be valid. If you extend your return flight, you will also need to ensure that your travel insurance is extended to cover you for the full duration of your travel abroad.
Risks
An adventurous challenge involves inherent objective and subjective risks. The information with which you have been provided via the website and email correspondence will have explained that there are further peculiar risks associated with exposure to high altitude and that it is not always possible to ensure that health complications do not arise at high altitude even where good practice is observed by the participant and support staff. You must be adequately fit to cover the requisite distances safely, and agree to undertake an appropriate fitness program – advice for which may be sought from your expedition coordinator. You therefore participate entirely at your own risk and agree to indemnify Exposure Limited, our partners, agents, sub-contractors and suppliers against claims for loss or damage to your personal property or for injury to your person, except where such arise from gross negligence or malpractice. In signing the Declaration of Indemnity you signify that you understand and accept that road conditions in the intended area of travel are often poor and are sometimes impassable. Where a bodily injury, curtailment of an itinerary or delay is deemed to have been caused by such conditions you agree to indemnify Exposure Limited against all claimed personal losses associated with these circumstances. You accept the onus of responsibility to satisfy Immigration, Customs and other authorities in order to be granted lawful passage into all countries on the itinerary.
If you are refused such passage, we do not accept liability for any costs and expenses you incur in resolving your difficulties, or in returning to your country of residence. We will give such assistance as we are able in the circumstances without any obligation upon us to do so and without any liability for our actions on your behalf. Exposure Limited will not pay any ransom or make any payments in order to secure the release of hostages. Should you mount a bicycle within the period covered by the insurance we arrange, you agree to wear a helmet meeting ANSI standards when riding, and to wear all other such safety clothing or equipment as may be required by the laws of the country concerned, or under the rules and regulations of any local service provider of any activity undertaken by you. If participating in water-based activities, you verify that you are able to swim 50 metres while fully clothed.
Digital Media & Intellectual Property
During our climbs and safaris our guides take photographs and write short reports to describe the progress of the trip. These photographic reports are uploaded to a dedicated area of the website that exists to present information to family and friends of the climber or safari-goer, with a view to reassuring them that their loved one is safe and healthy and being well looked after. Participation on our climbs and safaris implies your consent that the images appearing in these reports is the intellectual property of TK, except where you expressly indicate that you do not wish us to retain any digital information relating to your services with us, in which case the live reports service will not be provided.
Itinerary Amendments
The itineraries and other details that we supply are published in good faith as statements of intention only, and reasonable changes to the itinerary, vehicle and equipment use, may be made where deemed necessary or advisable. On an expedition the itinerary may be and often is changed at short notice due to changing weather patterns, physiological factors, route conditions, volumes of other facility users, wildlife movements, and other factors beyond our control.
While we will make all proper and reasonable efforts to do so, we do not guarantee that we will adhere to the published itinerary and we therefore reserve the right to amend the expedition itinerary as and when it may become necessary or advantageous to do so. We will endeavour to notify you of any pre-determined minor amendments prior to the expedition’s departure. However, we are not obliged to do so, nor are we bound to pay any compensation that may be claimed to result from such changes. We do not control management of your proposed accommodation venue. It is therefore possible we may be advised that the reserved accommodation may not be suitable or available to you upon arrival despite our having confirmed with the accommodation provider in advance. Should this occur, we will endeavour to provide accommodation of at least the same standard in the same area. If we are required to amend the itinerary during the expedition, the expedition leader will arrange the best available alternative. This decision will rest solely on the expedition leader. The decision of the expedition leader is agreed to be final on all matters.
Force Majeure: we are not responsible for changes which arise as a result of situations outside of our control such as technical or maintenance problems with means of transportation, changes imposed by re-scheduling or cancellation of flights by an airline or main charter, war or threat of war, civil strife, industrial disputes, natural disasters, unusually adverse weather, bureaucratic obstacles or terrorist activity.
Our Liability
Clients, together with their personal property including baggage, are at all times solely at their own risk. We accept responsibility for the negligent acts and malpractice of our partners, agents, sub-contractors and suppliers while acting within the scope of, or in the course of, their contract with us and for any deficiencies in the services we are contractually obliged to provide, or the failure of such services in reaching a reasonable standard, except where the cause for such deficiencies arises from circumstances beyond our reasonable control. Where we accept liability this shall be limited to a maximum of twice your personal contribution towards the original expedition cost paid to us.
We do not accept responsibility in respect of death, bodily injury or illness of any person participating in one of our expeditions as a result of (but not limited to) physical exertion for which a participant has not prepared; health problems associated with exposure to high altitude; forces of nature; consumption of alcoholic beverages; civil unrest; terrorism; breakdown of equipment; lack of or limited access to medical attention in remote locations; and the adequacy of medical attention once provided.
We do not accept responsibility in respect of death, bodily injury or illness of any person participating in one of our expeditions except when caused by the negligent acts and / or malpractice of our partners, agents, subcontractors or suppliers while acting within the scope of, or in the course of, their contract of supply although, where the services in question consist of carriage by air, sea or rail, or the provision of accommodation, the limit of our liability shall be as provided for under applicable law and / or international convention. We do not accept any responsibility for disruption, inconvenience, cancellation or alteration to holidays due to problems caused directly or indirectly by computer failure, where these problems are not the result of our negligence or the fault of our suppliers, or could not have been avoided even though all reasonable care had been taken. If you book any additional activities locally which are not a part of the original expedition itinerary, your contract is with the local company operating the activity and we have no liability or responsibility for the operation of that activity.
Complaints
We will do our utmost to ensure that your travel arrangements run as planned. However, if you have a complaint arising out of what we have agreed to provide for you, please let us know at the earliest opportunity, if necessary by calling our UK telephone line from wherever you may be and reversing charges.
If a problem arises during the expedition, you should advise the expedition leader or service supplier immediately who will endeavour to put things right. If your complaint cannot be resolved locally you agree to advise us in writing within 28 days of returning to your country of residence. If you fail to follow this procedure we cannot accept responsibility, as we may then have been deprived of the opportunity to investigate the matter and rectify any problem.
Your failure to file a complaint at the earliest appropriate opportunity may forfeit your right to claim compensation from us. Please note that in any event any compensation payable for claims against us, other than compensation for personal injuries, will not exceed twice your personal contribution towards the cost of your expedition paid to us. Any dispute or difference between the parties arising out of or in connection with this agreement shall first be referred to mediation in accordance with the mediation procedures of the ADR Group of Grove House, Grove Road, Redland, Bristol, BS6 6UN, United Kingdom. The mediator shall be agreed upon by both parties and failing such agreement within fifteen days of one party requesting the appointment of a mediator and providing their suggestion thereof, the mediator shall be appointed by the then President of the Law Society of England and Wales.
Unless agreed otherwise, the parties shall share equally the costs of the mediation. If the dispute is not resolved by mediation within sixty days, or if one of the parties will not participate in the mediation, the dispute shall be subject to the jurisdiction of the English Courts.
Applicable Law
The contract between us, and these conditions of participation, are governed by and construed in accordance with English Law. Both parties agree to submit to the exclusive jurisdiction of the English Courts. In the event that any clause or provision of these booking terms and conditions shall be held to be invalid, the invalidity of such clause or provision shall not otherwise affect the remaining legally valid provisions of this contract, which shall continue and be enforceable. You confirm your understanding of these conditions by submitting your booking deposit.
In the event that a climber is required to cancel their place on a climb, please see here for details of how costs for arrangements to which we will have committed ourselves on the strength of a confirmed booking having been placed with us, are to be borne.