These Terms and Conditions govern the relationship between you and BraveHearts Expeditions of 91A Owusu Kofi Street, Official Town, Odorkor, Accra – Ghana (hereinafter referred to as "the Firm" or "BraveHearts Expeditions").
By signing on to an expedition or adventure activity, you agree to be bound by these Terms and Conditions which outline, among other things, our cancellation policy and certain limitations of liability. These Terms and Conditions affect your rights and designate the governing law and forum for the resolution of any and all disputes.
1. The contract.
All persons wishing to join an expedition or adventure activity must carefully read and understand the Terms and Conditions that follow. By making a booking by telephone, on our website, or by email with the Firm or its Agents, you accept and are bound by these Terms and Conditions. The person or persons named on the booking are hereafter referred to as the "Client".
All bookings are made with BraveHearts Expeditions, "the Firm", which sells the expedition or adventure activities and projects described in this brochure or on the Firm’s website or through its "Agents". These Terms and Conditions shall constitute the entire agreement between the Firm and the Client, and shall constitute a binding agreement. There is no verbal or written; representation, warranty, collateral agreement, prior agreement, description of services, or conditions, other than as expressed herein. The service(s) to be provided is/are the expedition or adventure activities and project(s) referred to in the booking confirmation.
2. Deposit Requirement.
A non-refundable deposit of $100 must be received before a booking can be confirmed (please note any special deposit requirements for expeditions or adventure activities detailed on the relevant pages) unless you are applying for one of our shorter adventure challenges, in which case a non-refundable deposit of $20 applies. If a booking is made within 30 days of the departure date then the full amount is payable at the time of booking. The non-refundable deposit and medical form should be sent to the Firm or its Agent. For safety purposes, except in short-duration adventure activities, all Clients are required to complete a BraveHearts Expeditions Medical Form, which must be signed and dated by a physician and returned with your final payment or you will not be permitted to travel. These forms will be included in your pre-departure documents.
3. Final Payment, Acceptance of Booking, Client details
- Final payment for Expeditions and Projects.
Acceptance of the Client's booking must be confirmed in writing by the Firm. Please refer to your confirmation invoice for details regarding final payment. Payment of the balance of the expedition price is due 60 days before the departure date. If a booking is made 21 days or less before the departure date then the full amount is payable at the time your booking is confirmed. If this balance is not paid on or before the due date the Firm reserves the right to treat the Client's booking as cancelled.
- Client Details.
In order for the Firm to confirm and guarantee the Client's travel arrangements the Client must provide all client details with their final payment as per the dates specified in 3A. If the Client does not provide all Client details within 60 days before departure, a fee of $75 will be charged to the file. Client details include passport number, copy of passport details and medical form, full name, date of birth and nationality.
4. Cancellation by the Client.
Any cancellation by a Client must be made in writing and acknowledged by the Firm. The date on which the letter is received by the Firm or its Agents will determine the cancellation charge applicable. The cancellation charges are expressed hereafter as a percentage of the total Expedition price. Note: airlines may impose 100% cancellation charges.
- Cancellation more than 60 days before departure: No retention.
- Cancellation 20 days before departure: 25% fee retention.
- Cancellation 14 days before departure: 50% fee retention.
- Cancellation 7 days before departure: 75% fee retention.
- Cancellation 3 days before departure: 100% fee retention.
5. Cancellation of an Expedition by the Firm.
Although the Firm rarely has to do this, the Firm reserves the right to cancel an Expedition for any reason, but will not cancel an Expedition less than 14 days before departure except for force majeure, and unusual or unforeseen circumstances outside the Firm's control. When an expedition or adventure activity is cancelled by the Firm, the Client may choose between a full refund of all monies paid or any alternative expedition or adventure activity offered by the Firm. The Firm is not responsible for any incidental expenses that the Client may have incurred as a result of the Client’s booking such as visas, vaccinations, non-refundable connecting flights or loss of enjoyment, etc. If the alternative expedition or adventure activity chosen by the Client is of a lower value than that originally booked then the Client is entitled to a refund of the price difference. If the alternative expedition or adventure activity chosen by the Client is of a higher price than that originally chosen then the Client must pay the difference.
6. Unused Services.
There will be no discounts or monies refunded for missed or unused services. This includes voluntary or involuntary termination, i.e. sickness, death of a family member, etc.
7. Prices & Surcharges.
We reserve the right to impose surcharges (price increases) up to 60 days before departure due to unfavourable changes in exchange rates, increases in air fares or other transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. If any surcharge results in an increase of more than 10% of the Expedition cost excluding insurance premiums the Client may cancel the booking within 14 days of notification of the surcharge and obtain a full refund.
8. Brochure Validity.
The prices in our brochures and on our website are based on exchange rates and costs in effect at the time of printing the brochure or posting to our website. BraveHearts Expeditions reserves the right to alter prices for new bookings if these rates change substantially without prior notice.
The Client appreciates and acknowledges that the nature of this type of travel requires considerable flexibility and should allow for alternatives. The itinerary provided for each expedition or adventure activity is merely representative of the types of activities contemplated, and the Firm is under no contractual obligation to strictly follow it. It is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events, which may include sickness or mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, climate and other unpredictable or unforeseeable circumstances.
- Changes made by the Firm.
The Firm reserves the right to change any of the facilities, services or prices described in the brochure before a booking is made. If such a change is made the Client will be told at the time of booking or when the change occurs. While the Firm will endeavour to operate all expedition or adventure activities as advertised, reasonable changes in the itinerary may be made where deemed necessary or advisable by the Firm. If the Firm makes a major change the Firm will inform the Client as soon as reasonably possible if there is time before departure. The definition of a major change is deemed to be a change affecting at least one day in five of the itinerary. When a major change is made the Client may choose between accepting the change, obtaining a full refund of all monies paid or accepting an alternative Expedition offered by the Firm.
- Transfer to another departure (by the client).
A transfer from one Expedition to another can only be made more than 60 days before departure date and only if approved by the Firm. If such a request is accepted by the Firm, the Firm reserves the right to charge an administration fee of $50 per person per change. A Client may only transfer a booking to a departure date in the current season and may not transfer a booking to future seasons. Any request to transfer received less than 21 days before departure will not normally be accepted. In this case the Client must cancel the booking and then re-book another expedition or adventure activity. Any such transfers will be regarded as cancellations and cancellation fees will apply.
- Transfer of Name.
If you are prevented from traveling on the expedition or adventure activity you booked by circumstances such as those which would permit you to make a claim on a standard cancellation insurance policy, you may transfer your booking to another person, provided they meet all the requirements relating to that expedition or adventure activity and the transfer is made more than 60 days before departure. In these cases an administrative fee of $50 will apply. Note: Airlines may impose 100% cancellation charges. Within 14 days, name transfers are not permitted.
Within 60 days of departure any amendments to a file will depend on availability and will be on a request basis. Any extra costs incurred for making the change will be charged along with an amendment fee of $50. No amendments are permitted to your booking within 10 days of departure.
11. Acceptance of Risk.
The Client acknowledges that the nature of the expedition or adventure activity is adventurous and may involve a significant amount of personal risk. The Client hereby assumes all such risks and does hereby release the Firm from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks.
12. Authority on Project.
At all times the decision of the Firm's Expedition Leader or representative will be final on all matters likely to endanger the safety and well-being of the expedition or adventure activity. By booking with us the Client agrees to abide by the authority of the Expedition Leader, who represents the Firm. The Client must at all times strictly comply with the laws, customs, and foreign exchange and drug regulations of the host country. The Client also agrees to be bound by the Firm's responsible travel guidelines. If the Client is affected by any condition, medical or otherwise, that might affect other people's enjoyment of the expedition or adventure activity; the Client must advise BraveHearts Expeditions at the time of booking. Should the Client fail to comply with the above or commit any illegal act when on the expedition or adventure activity or, if in the opinion of the Expedition Leader, the Client's behaviour is causing or is likely to cause danger, distress or annoyance to others the Firm may terminate that Client's travel arrangements without any liability on the Firm's part and the Client will not be entitled to any refund.
13. Travel Documents.
- The Client must be in possession of a valid passport required for entry, departure and travel through each destination point along the itinerary of the expedition or adventure activity, (your passport must be valid 6 months after your return date), and be in possession all visas, permits and certificates including vaccination certificates and insurance policies required for the whole of the journey. The Client accepts full responsibility for obtaining all such documents, visas and permits, and is solely responsible for any adverse consequences resulting from missing or defective documentation. Any information or advice given by the Firm regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the Client, and the Firm is not responsible for any errors or omissions as to the information provided.
- To expedite the issuing of BraveHearts Expeditions travel documents please note that all expedition or adventure activity related travel documents such as vouchers, itineraries and invoices will be sent via email or will be available on our website once full payment has been received by the Firm. The Firm reserves the right to impose a fee for those Clients who wish to receive paper documents.
14. Factors outside the Firm's control (Force Majeure).
The Firm shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property or for the Firm's failure to commence, perform and/or complete any duty owed to the Client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by an Act of God, war or war-like operations, terrorist activities, civil commotions, labour difficulties (whether or not Firm is a party thereto), interference by authorities, political disturbance or any other cause beyond the reasonable control of the Firm.
15. Travel Insurance.
- Insurance, covering personal accident, medical treatment and repatriation, except for emergency casualty evacuation and rescue, is not included as part of the overall costs of the expedition or adventure activity unless otherwise stated. Cover is not provided for personal equipment or money. Consequently, all Clients are expected to take out their own insurance cover for the expedition or adventure activity.
- Limited Insurance held by the Firm.
Where the Firm, or any associated Firm, owns or controls the vehicles used for the expedition or adventure activity, the Firm is covered by a policy but this cover is limited. The limit is per incident, not per person. This cover is arranged in Ghana. Should any Client require a higher level of cover then the Client must arrange extra cover. This insurance comes into effect only in the case of a vehicle accident and subsequent injuries; it is no substitute for your own travel and medical insurance which you may take.
16. Limitation of Liability.
- The Firm will accept liability for the negligence of its staff or agents causing death or physical injury to persons or loss or damage to personal property only to the extent it is obliged under Ghanaian law. This acceptance of liability is subject to clause C below.
- In other circumstances the Firm will be liable to the Client for the proper performance of the contract. This acceptance of liability is subject to clause C below.
- The Firm shall not be liable for any damage or loss if the failure to carry out the contract is: (1) Attributable to the Client. (2) Attributable to a third party unconnected with the provision of the services contracted for and the event is unforeseeable or unavoidable. (3) Due to unforeseen and unusual circumstances beyond the Firm's control, the consequences of which could not have been avoided even if all due care had to be exercised. (4) Due to political disputes, border closures, refusal of visas, industrial action, climate or other matters of a similar nature and any other force majeure. (5) Due to an event which the Firm, even with all due care could not foresee or forestall.
- Any liability covered under section 16B is limited to the price paid. In the case of damaged property the liability is limited to a maximum amount equal to the amount paid by or on behalf of the owner of the property. In all cases the Firm specifically excludes all liability for indirect or consequential loss or expense including loss of profits.
- The Firm's acceptance of liability in clauses 16A and 16B above is subject to assignment by the Client to the Firm of the Client's rights against any agent, supplier or sub-contractor of the Firm which is in any way responsible for the unsatisfactory expedition or adventure activity arrangements or the Client's death or personal injury.
17. Responsibility for your Expedition.
Client bookings are accepted on the understanding that they acknowledge that the nature of the expedition or adventure activity is adventurous and may involve a significant amount of personal risk. The Firm's obligations and those of any suppliers providing any service or facility the Client books with us, are to provide services and facilities with reasonable care and skill. Facilities will be provided to the realistic minimum standard recommended by the regulatory authorities responsible.
18. Claims & Complaints.
If a Client has a complaint against the Firm the Client must first inform the Expedition Leader or Firm representative whilst on the Expedition in order that the Leader/representative can attempt to rectify the matter. If satisfaction is still not reached through these means then any further complaint must be put in writing to the Firm within 30 days of the end of the Expedition. The Firm will not accept any liability for claims received after this period.
19. Suppliers Conditions.
Airlines, railways, coach and shipping companies and other suppliers have their own booking conditions or conditions of carriage, and you will be bound by these as far as the relevant transport provider or supplier is concerned. Some of these conditions may limit or exclude liability on the part of the relevant transport provider or other supplier, and they are often also subject to various international conventions. Where relevant, copies of such conditions may be available for inspection at our offices, or at the offices of the relevant supplier.
20. Local Conditions.
Clients acknowledge that she/he will be visiting places where the political, cultural and geographical attributes present certain risks, dangers and physical challenges greater than those present in their daily lives. By booking travel with the Firm, Clients acknowledge that she/he has considered the potential risks, dangers and challenges, and expressly assumes the risks attendant to such travel conditions. The Client is solely responsible for acquainting her/himself with the customs, weather conditions, physical challenges and laws in effect at each stop along the itinerary and is encouraged to locate or make contact prior to embarkation with his/her local embassy or foreign office in each destination.
21. Optional Extras.
Optional extras do not form part of the expedition or adventure activity or contract. It is understood and accepted by the Client that any assistance given by the Expedition Leader or representative in arranging optional extras does not render the Firm liable for optional extras. Among others optional extras include sightseeing, abseiling, paragliding and other extras not included in the expedition or adventure activity price.
In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this Agreement or amended accordingly only to such extent necessary to allow all remaining Terms and Conditions to survive and continue as binding.
23. Successors & Assigns.
These Terms and Conditions shall inure to the benefit of and be binding upon the Firm and the Client and their respective heirs, legal personal representatives, successors and assigns.
24. Errors & Omissions.
Although the Firm has made a concerted attempt to verify the accuracy of statements made herein the Firm cannot be held responsible for any error, omission or unintentional misrepresentation that may appear in this brochure or contract.
The Firm will provide the Client’s personal information, as well as any personal information the Client provides in relation to the persons whose travel arrangements have been requested by the Client, to suppliers and carriers to enable the operation of the services requested by the Client. The Firm will do its utmost to protect Clients’ personal information.
26. Alcohol and Drugs.
BraveHearts Expeditions operates a strict no-alcohol, no-smoking, and no-drugs policy on its expeditions programmes. The Firm retains the right to remove any individual from an expedition if the Firm deems that there is ‘sufficient suspicion’ that an individual has been involved in drugs or alcohol during the expedition or adventure activity. BraveHearts Expeditions does not have to prove such an act has occurred.
27. Applicable Law.