Xplore Terms and Conditions 2017
1.1. As all group travel packages and programmes are tailor-made to the individual client’s requirements, all our prices are quoted upon enquiry. Please contact the Sales Team for more information.
2. Bookings & Payment (For UK venues only):
2.1. The law governing the contract between Klub Group Ltd (trading as ‘Xplore’) and the person responsible for booking is the law governing England and Wales. Contracts will deemed to have been made at Xplore, 12 Bury Street, Stowmarket Suffolk IP14 1HA, United Kingdom.
2.2. The booking agent/contact of the group(s) agrees to these terms and conditions on behalf of all group members. The client agrees to these terms upon payment of deposit invoice.
2.3. Bookings are valid only with receipt of the appropriate deposit and subsequent confirmation from Xplore that the payment has been received.
2.4. Should the VAT regulations change after the time of going to press, Xplore reserves the right to surcharge or refund the consequent price difference.
2.5. Xplore reserves the right to change or update these Terms and Conditions at any time.
3. Payment terms:
3.1. A non-refundable 10% deposit payable at the time of booking with anticipated numbers will confirm the group’s booking.
3.2. Deposit payments cannot be transferred to other programs or bookings.
3.3. The number of students booked in upon confirmation will form the basis from which the client must guarantee to bring a minimum of 75% of that confirmed number. Should the final numbers drop below 75% then the client must pay the full amount for the 75% plus any other cancellation charges (see Paragraph 6 below for more details)
3.4. The final invoice with balance of the booking amount (90%) is then payable 6 weeks prior to arrival.
3.5. Groups booking with less than 6 weeks prior to arrival must pay the full amount due at the time of the booking.
3.6. Credit Card Payments: There is a surcharge of 2% added onto all credit card transactions.
3.7. Cheques: Cheques are to be made payable to ‘Klub Group Ltd’. Cheques are to be made collectively by the group organiser (i.e. one single cheque for the whole group as opposed to individual cheques from participants).
4. Settlement of accounts:
4.1. Any bank charges incurred through the payment are payable by the client.
4.2. Should the group fail to settle their account balance 6 weeks prior to arrival, there is a risk that some elements of the group’s programme will no longer be available.
4.3. An additional charge of 2% of the balance will be added to the final account if it remains unpaid 6 weeks prior to arrival. In the event that the account remains outstanding, 2% will be added for every 14-day period that passes.
4.4. We have the right to cancel or refuse entry on arrival in circumstances of non-payment.
4.5. No refunds can be made in respect of accommodation not used or vacated before the departure date, meals not taken or activities booked but not used.
5. Alterations and additions (For UK venues only):
5.1. Any alterations or additions to the group’s booking with Xplore must be made through the Xplore Group Accounts Team even if the group has already arrived on site. Xplore reserves the right to make an administration charge in such circumstances whether the changes are requested before or after arrival plus any surcharges we encounter through our suppliers for the changes made to the programme.
5.2. Programmes are subject to alteration for reasons of safety or inclement weather. We always provide a suitable replacement in such circumstances.
5.3. If we have to make a major change to the group’s stay, we will offer a suitable alternative if available, or a pro rata refund for that part of the programme, if we are not able, in our opinion, to offer an alternative that is sufficiently comparable.
5.4. Compensation will be paid as below if we have to make a major change to the group’s holiday within 8 weeks of holiday commencement, unless the change is due to circumstances beyond our reasonable control, including but not limited to war, riot, civil commotion, act of God, industrial dispute, Government action, epidemic disease, adverse weather or natural disaster.
56 to 29 days 10% of holiday price
28 to 15 days 15% of holiday price
14 days or less 25% of holiday price
6. Cancellation (UK venues only):
6.1. Consequences of cancellation of the entire group booking:
- Notification more than 6 weeks prior to the arrival date = we will retain the deposit
- Notification less than 6 weeks prior to the arrival date = full payment is required
6.2. Reduction in numbers:
- Notification up to 6 weeks prior to arrival date = 10% of the student price
- Notification between 6 and 2 weeks prior to arrival date = 50% of the student price
- Notification less than 2 weeks prior to arrival date = 100% of the student price
6.3. Please note that the notification period specified above will be determined by the date that the Xplore Team receives reduction in numbers or cancellation in writing.
6.4. Please note that the above charges for reduction in numbers may be applied in conjunction with the provision in Paragraph 3.3 above which allows for additional charges to be applied if the final numbers fall below 75% of the original confirmed number of participants on booking.
6.5. Xplore reserves the right and discretion to apply the above charges taking into account the group’s unique individual circumstances and the circumstances surrounding the cancellation or reduction in numbers.
6.6. Xplore retains at all times the final discretion over the amount of any charge or refund to be applied to a booking.
7. Payment and cancellation for bookings to Xplore destinations outside of the UK:
7.1. In order to coincide with separate terms and conditions issued by our external partners and suppliers, all payment and cancellation terms and conditions for bookings to Xplore packages to destinations outside of the UK will be provided upon request.
8. Group Information:
8.1. At the time of booking you will receive a summary of your booking, a non-binding sample programme (if available), and a copy of these Terms and Conditions.
8.2. You will receive an invoice for the deposit (10% of the booking agreed; non-refundable) from the Xplore Finance Team.
8.3. Once payment of the deposit has been received, you will receive from the Xplore Team all appropriate paperwork including but not limited to a sample Parent/Guardian Consent Form, Group Attendee Details, Kit List, Lesson/Activity Options, Risk Assessments, Centre Rules, Group Leader Responsibilities and other documentation deemed relevant for your group.
8.4. The Xplore Team will release your final itinerary and programme to you once all aspects of it have been confirmed and all information from you has been received.
8.5. You will usually have a chance to review the final programme before the final version is completed. The Xplore Team will work closely with you to develop the programme and itinerary and will inform you of any changes or amendments which many need to be made.
8.6. Whilst we make every effort to accommodate the wishes of each group, it is at times necessary to amend or adapt the structure and/or content of the programme/ itinerary, including after the group has arrived on site. We aim however to keep any such changes to a minimum and to ensure that you are kept informed of the reasons behind the amendments.
8.7. You as the booking agent take full responsibility for each parent/guardian completing a parent/guardian consent form for each participant in the group. We do not need to see these consent forms but by agreeing the Terms and Conditions of Booking you accept responsibility and liability to obtain these and to ensure that one is completed for each participant in your group.
8.8. You accept the legal requirements for Parent/Guardian consent forms to be held on file by you for minimum of 3 months beyond the child’s 21st birthday and will make any documentation readily available to Klub Group if required.
8.9. Any special requests, dietary requirements and/or medical problems must be clearly detailed on the Group Attendee Details form (GAD). The Xplore Team is unable to process accommodation, food and programme booking without the information in this document. The GAD form must be returned at least 10 weeks prior to arrival date.
8.10. It is the responsibility of the booking agent to inform us of a student’s dietary or medical requirements on the GAD at least 10 weeks before arrival, unless it is a condition that requires additional preparation on the programme in which case we must be informed of these needs at the time of booking.
8.11. Failure to return the GAD at least 10 weeks before group arrival may incur administration charges.
9. Individual Needs and Conditions of Participants:
9.1. If a young person has additional needs we are happy to discuss how we can best accommodate them. We endeavour to offer the opportunity for all young people to attend however this can only be achieved if we have the correct information about the young person’s needs on booking. It is the responsibility of the booking agent to fully advise Xplore of any disability, social or behavioural problem that the young person has or recently had which might affect them or others during their time with us.
9.2. We reserve the right to exclude any person if important details have not been fully declared or his/her behaviour is incompatible with the wellbeing of others. Collection and any cost associated with it would be the responsibility of the parent/guardian/group organiser.
10. Your Responsibilities:
10.1. We reserve the right to charge the parent/guardian/organisation responsible for the student and/or group for any damages/breakages that the student/group is deemed to have caused not as a result of an accident.
10.2. It is the booking agent’s responsibility to ensure that all participants have the relevant travel and medical insurance and documentation including valid passports and visas where appropriate.
10.3. Xplore must be provided with copies of non-EAA passports and approved visas prior to arrival. Originals will also be checked upon arrival at the venue.
10.4. It is also a condition of booking that booking agents must note on the Group Attendee Details any activities they wish a particular child or children to be excluded from; parental consent for all activities is otherwise assumed.
10.5. You accept that as the proposer of the programme to your clients / students, you are insured against the liability of any claims made by those clients / students.
10.6. You agree to provide staff supervision for the group at a ratio of 1:10 students unless otherwise agreed in writing with Xplore.
11. External Suppliers:
11.1. Approved independent suppliers supply services that are used within group travel packages/programmes, which are not provided by Xplore. Such services are provided in accordance with the supplier’s own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to the group and may affect the group’s rights to compensation. Copies of the relevant parts of these terms and conditions are available from us upon request.
12.1. For all our Xplore centres in the UK in order to monitor our provision of safety and welfare we undergo and welcome inspections from independent organisations such as Ofsted, SAFEcic, Adventure Activity Associates who work on behalf of the Adventure Activity Industry Advisory Committee (the body accredited to inspect for the Adventuremark and Learning Outside the Classroom Badge) and The Accreditation Body for Language Services (ABLS – accrediting our English Language provision).
12.2. Furthermore we have our own code of practice, which covers where and how the centres are run adopting as a minimum the national standards, whether this be the activities or the pastoral care. Each of our activity centres has a copy of our code of practice and risk assessment file available to view by members of the public upon request.
12.3. For Xplore programmes & packages to destinations outside of the UK, the laws, requirements and standards of the country being visited are applicable. As a general rule these requirements and standards will not be the same as in the UK and in terms of safety requirements, may sometimes be lower.
12.4. Xplore carries out health and safety checks on all of its external suppliers and providers and no activity will be included in any programme unless it complies with the appropriate standards and regulations.
12.5. Any excursions or activities booked independently by the group are considered not to be part of the package provided Xplore. Therefore the contract for any such excursions or activities will be with the operator in question and not with Xplore. We would not be responsible for any element of any excursions or activities organised by the group independently. However, at the time of booking or during the group’s trip with us we can suggest and help organise additional excursions and activities that we will then arrange for the group accordingly.
12.6. You confirm that all attending staff are trained in general Health and Safety and where applicable hold relevant qualifications to safely support the delivery of the programme where required.
12.7. You also confirm that all attending adults are aware of your own disciplinary processes should they breach your or our staff guidelines while on site.
12.8. You confirm all adults accompanying a group have had a DBS (or Certificate of good conduct if international) to verify their suitability to work and reside with children.
12.9. In addition you also confirm that you have carried out additional checks on adult suitability through references, interview and rigorous recruitment procedures.
12.10. You confirm your agency/company/organisation has child protection policies and adults are trained and aware of current child protection, safeguarding and reporting legislation and best practice through those policies.
12.11. You confirm that all accompanying adults are aware that legal action may be taken if they breach child protection or safeguarding rules or laws of any nature.
13. Disclosure of Risk:
13.1. Xplore asks you to read the following as it may have a bearing on your safety, and that of others that are involved in activities with you.
13.2. Xplore has legal and regulatory obligations to provide a duty of care to all that participate in any of our activities. As you would expect we take all reasonable steps to provide the level of care and assurances of safety that are appropriate to each of the activities. You should though be aware that there are always certain risks that are inherent to outdoor activities. It is not possible to eliminate these risks without destroying the character and experience of each activity.
13.3. The level of real, as opposed to perceived risk associated with the activities is very low. However, the types of risk may be something with which you are not ordinarily familiar. For avoidance of uncertainty, environments and situations that you may encounter include:
- Rough / rugged terrain: this may cause you to experience greater than usual strain on joints and muscles.
- Physical effort: our activities may involve you in a greater level of exertion than in your usual day-to-day environment.
- Height and water: whilst appropriate safety precautions are taken, some people can find situations at height or on water to be stressful.
- Machinery: the addition of machinery, such as mountain or quad bikes, in combination with the environment used for the activities, plus human error, does present additional opportunity for accidents.
- Natural environment: most likely to be a rapid and significant change in the weather or unstable/slippery conditions underfoot, but can also include rock falls, lightening etc.
- Slips and trips: the most common cause of accident throughout society, the opportunity for slips, trips and falls is likely to be greater than that which you usually experience.
- Loss or damage: the environments and activities that you choose to experience may increase the potential for loss of or damage to your personal clothing or equipment.
- Excursions: Road travel and walking in urban areas brings with it inherent risks
13.4. As well as Xplore’s role in ensuring as safe an environment as possible for each activity, participants also have a responsibility for safety. Your responsibilities are as follows:
- Medical: please make us aware of medical condition(s) or injuries, past or present, which may affect or make ill advised your participation in any activity. We can then agree with you whether or not individual participants should take part in certain activities.
- Fears and phobias: before commencing any activity, please ensure that we are aware if any participant has any major concerns, fears or phobias about the situation(s) in which they are placed. We will work with them to help ease feelings of discomfort/apprehension/fear, & ensure that they are as comfortable as possible or find a suitable alternative activity.
- Drugs and alcohol: it is potentially highly dangerous to participate in any activity whilst under the influence of drugs or alcohol. Xplore reserves the right to prevent any person participating in any activity, should we suspect that they might be under the influence of drugs or alcohol.
- Instruction: you must accept and act upon all direction and instruction from our instructors.
13.5. Upon payment of deposit and prior to commencing your activity/activities, you acknowledge your acceptance, and the acceptance of those for which you are acting on behalf of, of the disclosed risks. In doing so you will confirm that you have read & understood the content of the Disclosure of Risk. Acceptance of the Disclosure of Risk does not release Xplore from any of our obligations towards you, nor does it affect your statutory rights.
14. Further notes:
14.1. Xplore is fully insured and meets all legal insurance requirements for actions affecting its customers and employees. These include public liability protection to the value of
14.2. In the event of an accident, Xplore will administer first aid, unless advised to the contrary.
14.3. Occasionally Xplore may take photographs or video footage of our guests for promotional material. Please advise Head Office in writing before the commencement of the group’s stay if you have any objections to this activity or if there are any participants in your group for which there is no consent (parental or otherwise) for the taking and further use of photographs or video.
14.4. Information in brochures and on websites is deemed to be complete and accurate at the time of going to print.
14.5. Payment of deposit or final amount confirms your group’s agreement to these Terms and Conditions. Klub Group, trading as Xplore, will consider that you accept all above points on receipt of payment, unless notified otherwise.
14.6. Your booking is confirmed upon receipt of your final payment.
14.7. If travel insurance is included in your booking, the insurance cover begins upon receipt of
your final payment. Please refer to the separate travel insurance documents received with
your provisional booking confirmation for details relating to the travel insurance cover.