Booking conditions

1. About us and these conditions

1.1 Atlas51 is the trading name of ATLAS51 LTD, a company registered in England and Wales under company number 17341166, whose registered office is at 2 Beeches Road, London, England, SW17 7LZ ("Atlas51", "we", "us", "our").

1.2 We are the organiser of every trip we sell. We put each trip together and we are responsible to you for all the travel services in it, whether we provide them ourselves or through the guides, operators, lodges and other suppliers we contract with.

1.3 Your contract is with us. It is made up of these booking conditions, the trip information we give you before you book, and your booking confirmation. If they conflict, your booking confirmation takes priority, then the trip information, then these conditions.

1.4 In these conditions:

• "you" means the lead traveller and every person named on the booking;
• "trip" means the package of travel services set out in your booking confirmation;
• "departure date" means the first day of your trip as shown in your booking confirmation;
• "trip price" means the total price of your trip shown in your booking confirmation;
• "Expedition" means a trip that our trip information describes as an Expedition;
• "unavoidable and extraordinary circumstances" means a situation beyond the control of the party relying on it, whose consequences could not have been avoided even if all reasonable measures had been taken, such as war, terrorism, a serious risk to human health such as an outbreak of serious disease, or a natural disaster or weather conditions that make it impossible to travel safely; and
• "in writing" includes email.

1.5 Our trips are packages under the Package Travel and Linked Travel Arrangements Regulations 2018. You will receive the standard information form that those regulations require before you book.

2. Booking your trip

2.1 Our website, trip pages and any quotation are an invitation to book, not an offer. Before you book, we will give you the trip information for your chosen trip, including the itinerary, what is and is not included, the trip price, the payment schedule, the physical demands of the trip, and any minimum number of travellers needed for it to run.

2.2 The lead traveller must be at least 18 years old and must have authority to book on behalf of everyone named on the booking. By booking, the lead traveller confirms that everyone on the booking has agreed to these conditions.

2.3 Our trips are for adults only. Every traveller must be at least 18 years old on the departure date.

2.4 Your contract is formed when we send you our written booking confirmation after receiving your deposit, or full payment where clause 3.3 applies. If we cannot accept your booking, we will return your payment in full.

2.5 Please check your booking confirmation as soon as you receive it and tell us straight away about anything that is wrong or missing. Names must match each traveller's passport exactly.

2.6 The lead traveller is responsible for paying all amounts due under the booking and for passing on information from us to everyone on the booking.

2.7 There is no legal right to cancel your booking within 14 days of making it. Your rights to cancel are set out in clause 9.

3. Paying for your trip

3.1 For all trips other than Expeditions, you pay a deposit of 30% of the trip price when you book. The balance is due no later than 60 days before the departure date.

3.2 For Expeditions, you pay a deposit of 20% of the trip price when you book. A second payment, bringing the total you have paid to 50% of the trip price, is due no later than 180 days before the departure date. The balance is due no later than 120 days before the departure date.

3.3 If you book after a payment date in clause 3.1 or 3.2 has passed, you pay everything that would have been due by then when you book.

3.4 Your booking confirmation will show what you have paid, what remains to be paid and the date each payment is due.

3.5 If we have not received a payment by its due date, we will remind you in writing and give you 7 days to pay. If you still have not paid, we may cancel your booking and charge the cancellation charges in clause 9.

3.6 All payments go into the trust account described in clause 5. Only make payments to the account details shown on an invoice from us, and include the payment reference shown on it. You must pay any charges your bank makes for sending a payment, so that the full amount reaches us. We will never ask you to pay into a different account by email or phone. Each payment confirmation we send you will include a link where you can see the payments credited to the trust account for your booking.

3.7 We do not charge a fee for paying by debit card or credit card.

3.8 Some trips need a refundable deposit against loss of or damage to vehicles or equipment, such as a vehicle deposit on a self-drive trip. The trip information says how much it is and how it is paid. It is returned after the trip, less the cost of any loss or damage you cause.

4. Prices

4.1 Your trip is priced in pounds sterling (GBP), euros (EUR) or US dollars (USD), as shown in your booking confirmation. All payments, charges and refunds for your booking are made in that currency, and we make refunds to the card or account you paid from. The trip price includes every compulsory charge. Anything not included is listed in the trip information.

4.2 We may change advertised prices at any time before you book. The price that applies to your booking is the price shown in your booking confirmation.

4.3 If we make an obvious error in a price, we will tell you as soon as we notice. Before your booking is confirmed, we will offer you the correct price. If your booking is already confirmed, you can choose to accept the correct price or cancel and receive a full refund within 14 days.

4.4 After your booking is confirmed, we can increase the trip price only to reflect changes in:

(a) the cost of transporting you during the trip that results from changes in the cost of fuel or other power sources;

(b) taxes or fees on the travel services in your trip charged by third parties not directly involved in providing your trip, such as tourist taxes or government permit fees; or

(c) exchange rates that affect the cost of your trip.

4.5 We will absorb any increase under clause 4.4 up to 2% of the trip price. If the increase is more than that, you pay only the amount above 2% of the trip price.

4.6 If any of the costs in clause 4.4 fall, you are entitled to a matching price reduction. We may deduct our reasonable administration costs from any refund, and will show you those costs if you ask.

4.7 If we increase the price, we will tell you in writing, with the reason and how we calculated it, no later than 20 days before the departure date. We will not increase the price after that point. Any increase is payable with your balance or within 14 days of our invoice, whichever is later.

4.8 If the increase you are asked to pay is more than 8% of the trip price, you can accept it, accept a substitute trip if we offer one, or cancel and receive a full refund within 14 days. We will tell you how long you have to decide.

5. Financial protection

5.1 We are a member of Protected Trust Services ("PTS"), membership number 6573. Every payment you make for your trip goes into a secure, ring-fenced trust account managed by independent trustees. We do not have direct access to your money, it is kept separate from our own funds, and every payment out of the trust account is approved by an independent trustee.

5.2 Your money stays in the trust account until your trip has been completed, or it has been refunded to you, or it is paid to a supplier of your trip under an insurance policy that protects your money if that supplier or we become insolvent.

5.3 If we become insolvent, you will receive a refund of the money you have paid for any part of your trip not provided. Where money has been paid from the trust account to a supplier before your trip, it is protected by insurance arranged through PTS, which also covers repatriation and other costs if we fail financially during your trip. You acquire the benefit of that insurance policy.

5.4 You can confirm our membership on PTS's member listing, or by contacting PTS on 020 7190 9988 or at ask@protectedtrustservices.com.

6. Insurance

6.1 You must take out travel insurance when you book, and keep it in place until the end of your trip. From the date you book, it must cover cancellation. For the full duration of your trip, it must also cover, at a minimum, emergency medical treatment, evacuation and repatriation, including from remote areas, for every activity in your trip. We strongly recommend that it also covers curtailment, and loss of baggage and money.

6.2 Where the trip information says that a specialist evacuation or rescue membership is required, you must also hold it.

6.3 You must send us your policy details, including the insurer, policy number and emergency assistance number, no later than 60 days before the departure date, or when you book if you book later than that.

6.4 If you do not provide evidence of the cover required by this clause by that date, we may refuse to let you travel. If we do, we will treat it as a cancellation by you under clause 9.

6.5 Tell your insurer about any medical condition and about the activities in your trip. Failing to do so may invalidate your policy.

7. Health, fitness and taking part

7.1 Our trips are physically and mentally demanding and take place in remote environments. The trip information describes what each trip involves. Please read it carefully and only book a trip you are confident you can take part in.

7.2 When you book, you must tell us about any physical or mental health condition, disability, injury, medication, allergy or other circumstance that may affect your ability to take part or that we should know about to keep you safe. You must tell us in writing about any change before the departure date.

7.3 You must complete our health questionnaire by the date in your trip information. Where the trip information says so, you must also provide a letter from your doctor confirming that you are fit to take part.

7.4 We will consider any reasonable adjustments that would allow you to take part. If, having done so, we reasonably conclude that you cannot take part safely:

(a) before your booking is confirmed, we will decline the booking and return your payment in full;

(b) after your booking is confirmed, because of a condition or change you told us about after booking, we may cancel your place and the cancellation charges in clause 9 apply; and

(c) at any time, because of something you did not tell us about when you should have, we may cancel your place and the cancellation charges in clause 9 apply.

7.5 You must bring the clothing and equipment on the kit list in your trip information. Your guide may stop you taking part in an activity if your equipment is missing or unsafe.

8. Special requests

8.1 Tell us about any special requests, such as dietary needs, when you book. We will pass them on to our suppliers and do our best to meet them.

8.2 A special request is only part of your contract if we confirm in writing that we have accepted it. We cannot accept a booking that depends on a special request being met.

9. If you change or cancel your booking

9.1 The lead traveller must send any change or cancellation to us in writing. It takes effect on the day we receive it. We will confirm receipt in writing; if you do not hear from us within 2 working days, please contact us.

9.2 Cancellation charges. If you cancel, we will charge the following, based on the day we receive your cancellation:

9.3 These charges reflect the costs we commit to suppliers on your behalf as your departure date approaches, including the substantial costs paid in advance for Expeditions, and the reduced chance of filling your place. If you have paid less than the cancellation charge, you must pay the difference.

9.4 After you cancel, we will try to fill your place and to recover costs from our suppliers, but we cannot promise to do either. If we fill your place or recover money from our suppliers, we will reduce your cancellation charge by the amount we recover, less any reasonable costs of doing so. We will explain how your charge was calculated if you ask.

9.5 We will refund any amount due to you after deducting the cancellation charge within 14 days of receiving your cancellation.

9.6 Where only some travellers on a booking cancel, the cancellation charges apply to their share of the trip price. Anyone still travelling will not pay a single supplement because the person they were sharing a room with has cancelled. If we fill a cancelled place, the new traveller may share the room only where the person still travelling was sharing with someone they had not booked with. If you booked to share a room with someone you know, we will not put another traveller in your room.

9.7 Cancelling without a charge. You may cancel before the departure date without paying a cancellation charge if unavoidable and extraordinary circumstances occurring at or near your destination significantly affect the delivery of your trip or your travel to the destination. This will generally include situations where the UK Foreign, Commonwealth & Development Office advises against all travel, or all but essential travel, to your destination. We will refund all payments within 14 days. We will not pay any further compensation.

9.8 Transferring your booking. You may transfer your place to another person who meets all the conditions of the trip, including the age, health, fitness and insurance requirements in clauses 2, 6 and 7, by telling us in writing at least 7 days before the departure date. You and the new traveller are jointly responsible for any unpaid balance and for the costs of the transfer. Those costs will not exceed the costs we actually incur, and we will show them to you.

9.9 Other changes. If you ask to change your booking in any other way, we will try to help but cannot guarantee it. We will tell you the cost before you confirm, which will be any charges our suppliers make plus our reasonable administration costs. A request to change your departure date made on or after your balance due date will be treated as a cancellation of your original booking.

10. If we change or cancel your trip

10.1 Changes on the ground. Adventure trips depend on weather, terrain, wildlife, access and local conditions. The trip information describes the plan. During your trip, your guide may change the route, timings, campsites or order of activities where they reasonably judge it necessary for your safety or to deliver the trip in the conditions found on the ground. If a change means part of your trip is not provided as described, and this is not caused by you, your rights under clause 14 apply. We cannot guarantee particular weather or conditions, wildlife sightings, reaching a summit, or completing a particular route or activity, because these depend on conditions, safety and your own ability.

10.2 Minor changes before departure. We may make minor changes to your trip before the departure date. We will tell you about them in writing.

10.3 Significant changes before departure. If, for reasons outside our control, we need to make a significant change to the main characteristics of your trip, or cannot meet a special request we have accepted under clause 8.2, we will tell you in writing as soon as possible. We will explain the change, its effect on the trip price, and the date by which you must reply. You can then:

(a) accept the change;

(b) accept a substitute trip, if we offer one; or

(c) cancel and receive a full refund of all payments within 14 days.

10.4 If a change or substitute trip is of lower quality or cost, you are entitled to an appropriate price reduction.

10.5 If you do not reply by the date we give you, we will contact you again. If you still do not reply, we may cancel your booking and give you a full refund within 14 days.

10.6 Cancellation by us. We may cancel your trip before the departure date if:

(a) fewer people have booked than the minimum number stated in the trip information, and we tell you no later than the guarantee date in clause 10.7; or

(b) unavoidable and extraordinary circumstances prevent us from providing the trip, and we tell you without undue delay.

10.7 The guarantee date is 60 days before the departure date for trips other than Expeditions, and 180 days before the departure date for Expeditions. By the guarantee date we will confirm in writing whether your trip will run. After it, we will not cancel your trip because too few people have booked. If you book after the guarantee date, your trip is confirmed to run when we confirm your booking.

10.8 If we cancel under clause 10.6, we will refund all payments within 14 days. We will not pay any further compensation. We may offer you an alternative trip or a credit instead, but you can always choose the refund.

10.9 If we cancel your trip for any other reason, we will refund all payments within 14 days and you may also be entitled to compensation under clause 14.

11. Passports, visas and health requirements

11.1 You are responsible for holding a valid passport, any visas, permits and entry documents, and any vaccinations or health certificates required for your trip. Many countries require a passport to be valid for at least 6 months after your return.

11.2 We will give you general information about the passport, visa and health requirements for British citizens. If you hold another passport, you must check the requirements with the relevant embassy or consulate. Requirements can change after you book, so please check again before you travel.

11.3 Check the latest travel advice for your destination. For British travellers this is at www.gov.uk/foreign-travel-advice. Ask your doctor or a travel clinic about health precautions in good time before you travel.

11.4 If you cannot travel or are refused entry because you do not have the right documents or health requirements, we will treat it as a cancellation by you under clause 9.

12. Flights and getting to the start of your trip

12.1 We do not sell or arrange flights. Your trip begins and ends at the meeting points shown in your booking confirmation. Flights and other travel to and from those points are not part of your trip, and you book them yourself under a separate contract with the airline or other provider.

12.2 Any information we give you about flights is general guidance only. We recommend that you do not book flights until we have confirmed that your trip will run (clause 10.7). We recommend flexible or refundable fares and travel insurance that covers missed departure.

12.3 You must arrive at the meeting point at the time shown in your travel documents. If you arrive late or miss the start of your trip for any reason that is not our responsibility, including a flight delay or cancellation, we will help you join the trip where we reasonably can. Any extra costs are yours, and we will not refund any part of the trip you miss.

12.4 We are not responsible for the cost of flights or other travel arrangements you make yourself, except where the law requires us to compensate you.

13. During your trip

13.1 Your guide's instructions. You must follow the safety instructions of your guide and our suppliers at all times. Your guide may decide that you should not take part in an activity, or may change or stop an activity, where they reasonably judge that your ability, fitness or behaviour, or the conditions, make it unsafe for you or for others.

13.2 Your behaviour. You must respect local laws and customs, other travellers, our guides and suppliers, and the places you visit. If your behaviour endangers anyone, causes serious distress or damage, seriously disrupts the trip, or breaks the law, we or our guide may remove you from the trip. If we do, we will not refund the trip price, and you must pay any costs of your return. You are responsible for any damage or loss you cause.

13.3 Risk. Adventure travel carries risks that cannot be completely removed, even when we and our suppliers take all reasonable care. These include injury, illness, extreme weather, difficult terrain, water, altitude, wildlife, and delays in reaching medical help in remote areas. By booking, you accept those risks that remain after reasonable care has been taken. This does not reduce our responsibility to you under clause 14.

13.4 Supplier forms. A supplier may ask you to sign a form before an activity, such as a participation agreement or acknowledgement of risk. If you do not sign it, you may not be able to take part in that activity. Signing a supplier's form does not reduce our responsibilities to you under these conditions.

13.5 Leaving early. If you leave your trip early for a reason that is not our responsibility, such as illness, injury or personal circumstances, we cannot refund any part of the trip you do not use. Your travel insurance may cover this.

14. Our responsibility to you

14.1 We are responsible for providing all the travel services in your trip as described in your booking confirmation and trip information, whether we provide them ourselves or through our suppliers.

14.2 If any part of your trip is not provided as described, you must tell your guide and us without undue delay, so that we can try to put it right. We will put it right unless that is impossible or would cost a disproportionate amount. If we cannot put it right, you may be entitled to an appropriate price reduction, and to compensation for any damage you suffer as a result. If you do not tell us during the trip, we lose the chance to put things right, and this may reduce any compensation.

14.3 We will not be responsible for paying compensation where the problem is caused by:

(a) you or anyone on your booking;

(b) a third party not connected with providing your trip, where the problem could not have been foreseen or avoided; or

(c) unavoidable and extraordinary circumstances.

14.4 Where an international convention or regulation limits the compensation payable by a provider of a travel service in your trip, such as an internal flight or boat transfer, the compensation we pay is limited in the same way.

14.5 Except for personal injury or death, or damage caused intentionally or through negligence, the most we will pay you for any claim is three times the trip price, or the appropriate share of it if not everyone on the booking is affected.

14.6 We are not responsible for loss that was not reasonably foreseeable when your contract was made, for business losses, or for any service that is not part of your trip, including flights you book yourself and anything you buy from a third party during your trip.

14.7 Any compensation or price reduction you receive from another source for the same problem, such as under passenger rights rules, will be deducted from what we pay.

14.8 If we pay you compensation, you agree to transfer to us, or our insurers, any rights you have against the person responsible, and to give reasonable help if we pursue them.

14.9 Nothing in these conditions limits or excludes our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot legally be limited or excluded.

15. Assistance and emergencies

15.1 If you are in difficulty during your trip, we will give you appropriate help without undue delay. This includes information about local health services, local authorities and consular help, help contacting people, and help finding alternative arrangements.

15.2 If you caused the difficulty deliberately or through your own negligence, we may charge a reasonable fee for our help. It will not be more than the costs we actually incur.

15.3 Your travel documents will include a 24-hour emergency contact number.

15.4 If you need to make your own arrangements during your trip, please contact us first. Unless the problem is our responsibility or the law requires otherwise, we cannot repay costs that we have not agreed in advance.

16. Complaints

16.1 If you have a problem during your trip, tell your guide and us straight away, using the contacts in your travel documents, so that we can try to put it right there and then.

16.2 If you are unhappy once you return, please write to us at tommy@atlas51.co within 28 days of the end of your trip, with your booking reference and full details. We will acknowledge your complaint within 5 working days and send you a full response within 28 days of receiving it.

17. Your personal information and photographs

17.1 We use your personal information to arrange and deliver your trip, as explained in our privacy notice. We share the information our suppliers need to provide your trip, including dietary and health information needed to keep you safe. We also share your booking and payment details with Protected Trust Services, which runs the trust account, and they may contact you directly where needed to protect your money or your trip. Some of our suppliers are in countries outside the UK and European Economic Area, where data protection laws may be different. We may also have to provide information to public authorities, such as immigration or customs, where the law requires.

17.2 We and our suppliers may take photographs and film during trips. We will only use images in which you can be identified for marketing if you have given us permission.

18. Law and courts

18.1 These conditions are governed by the law of England and Wales, and you may bring proceedings in the courts of England and Wales.

18.2 If you live in Scotland or Northern Ireland, you may choose the law of your home country and bring proceedings in your local courts.

18.3 If you live outside the United Kingdom, nothing in these conditions removes any protection you have under the mandatory consumer law of the country where you live, or any right you have to bring proceedings in the courts of that country.

19. General

19.1 Notices. Send all notices to us in writing at tommy@atlas51.co. We will write to you at the email address you gave us when you booked. Please tell us if it changes.

19.2 Legal restrictions. We may refuse a booking, or cancel a confirmed booking, where accepting or continuing it would breach sanctions or other law. If we cancel a confirmed booking for this reason, we will refund your payments unless the law prevents us.

19.3 Changes to these conditions. The version of these conditions in force on the date your booking is confirmed applies to your booking.

19.4 Severability. If a court decides that any part of these conditions cannot be enforced, the rest of these conditions remain in force.

19.5 Travellers' rights. Every traveller named on the booking can enforce these conditions. Nobody else can.

19.6 Language. These conditions are written in English, and the English version applies.

Contact

• Atlas51 (ATLAS51 LTD), registered in England and Wales, company number 17341166
• Registered office: 2 Beeches Road, London, England, SW17 7LZ
• Bookings and complaints: tommy@atlas51.co
• Protected Trust Services membership number: 6573