Secret Adventures Terms and Conditions of Use
The website www.secretadventures.org (“Website”) is owned and operated by Secret Adventures Limited, a company registered in England with company number 9031872, whose registered office is at 1E Mentmore Terrace, E8 3DQ, United Kingdom (“Secret Adventures”).
These terms and conditions (“Terms”) govern our relationship with you in relation to the Website. If you continue to browse and use the Website you are agreeing to comply with and be bound by these Terms. If you disagree with any part of these terms and conditions, you should not use our Website.
References to “you” and “your” in these Terms means the user of the Website and all persons on the booking confirmation. “We”, “us” and “our” all refer to Secret Adventures.
Secret Adventures arranges adventures and adventure holidays for individuals and groups, both as a principal and as an agent. When acting as an agent, we arrange on your behalf products and services which are provided by third party suppliers of activity or tourist services (“Activity Suppliers”). Your contract may therefore be with Secret Adventures (acting as a principal) or directly with the relevant Activity Suppliers (where we act as an agent). We will inform you whether we are acting as a principal or agent in relation to your booking.
You understand and agree that activities which you may book with us have inherent risks and participation in such activities may result in injury or illness including but not limited to, bodily injury, disease, strains, fractures, partial and or total paralysis, death or other ailments. You confirm that you are physically and mentally capable and fit to participate in these activities and that you have no significant medical conditions or needs or have taken any type of medication that may affect your ability to participate safely (prescribed or otherwise).
You understand that your personal property is your own responsibility and Secret Adventures will not accept any liability for damaged, lost or stolen property.
- Your contract
1.1 In the case where we arrange activities or trips as a principal, your contract is with Secret Adventures Limited, and your booking will be subject to the Terms set out below.
1.2 If we are acting as an agent, then your contract will be with the relevant Activity Supplier(s). In that case, your booking will be subject both to Secret Adventures’ Terms and to the terms and conditions of your relevant Activity Supplier(s). It is your responsibility to ensure that you have read, understood and agree to both prior to booking.
1.2 By making a booking with us, you confirm that you:
- have read these Terms and agree to be bound by them;
- are over 18 years of age. On some occasions we will allow younger participants but only if agreed beforehand and accompanied by a parent or guardian who will take full responsibility for them.
- Where we act as an agent
2.1 Where Secret Adventures acts as an agent, we will contract on your behalf with third party suppliers of activity and travel products and services such as activity suppliers, tour operators, airlines, hotels, accommodation providers, flight providers and providers of airport transfer services.
2.2 Where Secret Adventures is acting as an agent, we will have no control over the products or services provided by our Activity Suppliers. As such, Secret Adventures can accept no responsibility or liability for the acts or omissions of, or products and services provided by, the Activity Suppliers.
- Making a booking
3.1 When you wish to book an activity with us (a “Booking”), you will need to register your personal details and provide payment details with us. A Booking will not be considered to have been made with us until you have paid in full for your activity and we issue you with a booking confirmation.
3.2 We reserve the right to return your booking fee and cancel an activity at our absolute discretion for any reason. A minimum number of participants may be required for adventures to operate. We cannot take responsibility for costs incurred by cancelled adventures.
- Prompt arrival
4.1 It is important that you arrive on time. Many of our events have strict start times in order for the itineraries to work. We will not issue refunds for late arrivals.
5.1 Please note that where we recommend flights for your activity, flight times shown are provisional and may be subject to change, as per the airline’s booking conditions. For all flight bookings please reconfirm your flight times 48 hours prior to departure. We will not be held responsible for any missed, delayed or cancelled flights.
- Accuracy of information on the website
6.1 The information advertised on our Website or in our brochures is provided to us by Activity Suppliers and other third parties. We are not responsible for the accuracy of that information or ensuring that it is up-to-date. Flight availability and pricing is at the operator’s discretion and is subject to availability. Please be aware that prices can fluctuate. You should check pricing with them before you complete your booking.
6.2 We recommend you check details of your event prior to attendance. We reserve the right to withdraw or amend details on our site when needed and without notice.
- Group bookings
7.1 If you wish to make bookings for a large number of participants, you should ensure that these are made only at one time. If additional members of the group wish to book at a later time, you should be aware that the same flights, accommodation or other travel services may not be available. In such a case, you will be unable to cancel the first booking without applying cancellation charges.
- Your behaviour
8.1 All participants on our activities are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other participants. If in our opinion or in the opinion of any tour leader, guide or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking arrangements with us immediately. We may also refuse participation if we believe you may be a risk to others or yourself or you are affecting the enjoyment of others or the running of the event whether through unreasonable behaviour, drink, drugs or otherwise.
8.2 In the event that termination of your Booking occurs for these reasons, our liability to you and/or your party will cease and you and/or your party will be required to leave the activity site or your accommodation (if applicable) immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination.
8.3 You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the activity supplier or accommodation 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.
8.4 We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
- Mobility, health issues and disabilities
9.1 If you have any specific requirements when booking your activity because you or any member of your party has health issues, or is disabled or less mobile, you must ensure you have made us fully aware of all details of the health issue or disability. If you fail to inform us of any health issue or relevant disability, we may be unable to allow you to complete the planned activities and we shall not be liable to you for any loss or other charges incurred as a result.
10.1 You may be required to pay the full cost of your activity at the time of booking. If we permit part payment, we will provide you with details of when the balance will become due.
10.2 We reserve the right to charge handling and transaction fees on all credit card payments in line with our company policy to cover processing and administration costs.
- Passports and visas
11.1 It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. 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.
11.2 Most countries now require passports to be valid for at least 6 months after your return date. For further information contact the Passport Office on 0870 5210410 or visit www.passport.gov.uk.
11.3 Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk.
11.4 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.
12.1 If we are supplying accommodation as part of our activity, please note that details of the accommodation are provided to us by hotel and tour operators and we are therefore reliant on the accuracy of the information they provide to us. We cannot accept responsibility if there have been changes to the features or facilities advertised for your accommodation of which we have not been made aware.
- Changes to your booking, cancellation and refunds
13.1 We do not guarantee that we will be able to make any changes to your booking. In the event that we are unable to make the changes requested, your only option will be to accept the original booking terms, or to cancel your activity.
13.3 If you cancel your activity for any reason, we cannot provide any refunds or change your booking date due to the fixed costs incurred by us in arranging each of our adventure dates.
- Our responsibilities to you
14.1 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 we are acting as agent only and not as principal, or it results from:
- the act(s) and/or omission(s) of the person(s) affected; or
- the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
- unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
- an event which either ourselves or suppliers could not, even with all due care, have foreseen or prevented.
14.2 The maximum amount we will have to pay you in respect of any valid claim for personal injury, illness or death shall be the amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
14.3 In relation to claims not falling under clause 14.2 and which don’t involve injury, illness or death, the maximum amount we will have to pay you in respect of these claims is the booking fee paid by or on behalf of the person(s) affected.
14.4 In relation to claims in respect of international travel by air, sea and rail, or any stay in a hotel, the maximum amount we will have to pay you in respect of these claims is the price paid by or on behalf of the person(s) affected.
14.5 It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these Terms.
14.6 Where any payment is made, the person(s) receiving it must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
14.7 We cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) 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; or (b) relate to any indirect losses or any business losses, such as loss of profits, revenues or goodwill.
14.8 You understand and agree that activities which you may book with us have inherent risks and participation in such activities may result in injury or illness including but not limited to, bodily injury, disease, strains, fractures, partial and or total paralysis, death or other ailments. You confirm that you are physically and mentally capable and fit to participate in these activities and that you have no significant medical conditions or needs or have taken any type of medication that may affect your ability to participate safely (prescribed or otherwise).
14.9 You understand that your personal property is your own responsibility and Secret Adventures will not accept any liability for damaged, lost or stolen property.
15.1 In view of the potentially dangerous nature of Secret Adventures, you are recommended to obtain your own personal property, accident and third party liability insurance through companies of your own choice and to suit your personal circumstances. Participants shall have full responsibility for arranging their own suitable insurance.
15.2 Where travelling abroad, we require that all participants take out suitable travel insurance to cover against the cost of cancellation by you before you travel; the cost of assistance (including repatriation) in the event of accident or illness; loss of luggage and money; flight delays or cancellations and other expenses.
16.1 In the event that you are not satisfied in any way with your adventure activity, you should immediately inform a staff member at the site. If you fail to do so there will may be less opportunity to investigate and resolve your complaint and the amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances. If you are not satisfied with the way your complaint has been dealt with, you must put your complaint in writing to us at 33a Wadeson Street, London, E2 9DR.
16.2 In addition, as a consumer you are entitled to make use of the European Online Dispute Resolution Service which is found at: https://webgate.ec.europa.eu/odr/main/?event=main.home.show. However, do note that we are not bound by that service.
- Photographs of activities and user submissions
17.1 Participants agree to allow Secret Adventures to use any photographs, videos or other images of them taken on events. Where the photograph is on the Secret Adventures website and is deemed offensive by you, you may write to us requesting it to be removed which we may do at our discretion.
17.2 Our Website may also permit the submission of images, videos or other content by you and other users (“User Submissions”) and the hosting and publishing of such User Submissions. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions.
17.3 You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that:
- you own or have the necessary rights and permissions to use and authorize us to use all copyright, trademark or other proprietary rights in and to any User Submissions to enable inclusion and use on the Website and in accordance with these Terms; and
- you have the written consent and/or permission of each and every identifiable individual person in the User Submission to use their name or likeness as contemplated by the Website and these Terms; and
- whilst, you retain all of your ownership rights in your User Submissions, by submitting the User Submissions to us, you hereby grant us, in addition to any other rights which we may have, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of (including without limitation, to rename, edit, shorten, split the videos into different segments, and use the entire image or video or segments as part of compilations), display and broadcast the User Submissions in connection with the Website and our business, including without limitation to grant access to the Website to third parties to view the User Submission (and derivative works thereof).
- you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Submission and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us, our business or any third party; (iii) submit material that is unlawful, obscene, libelous, threatening, pornographic, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or (iv) misidentify yourself in submitting the User Submission or misstate your true identity.
17.4 We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaims any and all liability in connection with User Submissions. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. Reviews posted on our Website cannot be checked for accuracy and therefore should not be relied upon as such. Secret Adventures disclaims all liabilities arising from any reliance placed on such information appearing on the Website. You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto, and agree to indemnify and hold us, our owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
17.5 We reserve the right, but we are not obligated, to monitor any information posted on the review section of our Website. We reserve the right, but we are not obligated, to reject or remove at any time any posting, in our sole discretion. We do not guarantee that a customer review or any part of it will be displayed on our Website.
- Data protection
18.1 We take seriously our responsibility to protect the security of your personal information. We will pass on your booking information only to the providers of your Activity Suppliers or other persons necessary for the provision of your travel arrangements (such as customs or immigration if required by them, or as required by law). This includes any sensitive information that you give to us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies.
19.1 We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.
20.1 If any provision of these Terms shall be found by any court to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these terms and conditions which shall remain in full force and effect.
20.2 If any provision of these Terms is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable.
- Entire agreement
21.1 These Terms constitute the entire agreement between you and us in relation to your use of our Website, and supersede all previous agreements in respect of your use of the Website.
- Jurisdiction and governing law
22.1 These Terms shall be governed by and construed in accordance with English law. Any dispute, claim or matter arising out of, or relating to, these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.