Booking conditions
The following conditions are valid until August 30, 2011 for travel completed by August 30 2012.For a pdf of our booking conditions please click the link to start the download.
1. INTERPRETATION
1.1 “World Challenge” means World Challenge Expeditions, Inc. and its affiliates, owners, officers, agents, and employees.
1.2 “Agreed Point of Departure” means the airport, unless otherwise stated, which the Expedition shall depart from, as notified
by World Challenge to the Customer.
1.3 “Challenger” means the person who is participating in the World Challenge Program and/or Expedition pursuant to this contract.
1.4 “Conditions” means the information and terms and conditions contained in this document.
1.5 “Contract” has the meaning given at clause 2.1.
1.6 “Customer” means each of the “Challenger” and the parent or legal guardian of the Challenger who signs the attached booking form, or where no parent or legal guardian signs (if the Challenger is eighteen years of age or older), “Customer” shall mean the “Challenger”.
1.7 “Departure Date” means the date on which the Challenger departs from the Agreed Point of Departure at the start of the Expedition.
1.8 “Expedition” means the expedition referred to within this brochure/flier/invoice/website/confirmation which is organized by World Challenge for the Customer and includes any Training Course and Training Workshops for such Expedition and any substitute expedition or placement offered under clause 6.7. “Expedition” expressly does not include personal travel during or after the Expedition or Program which is organized by the Customer at the Customer’s expense and not organized or provided by World Challenge.
1.9 “Expedition Leader” means the person or persons appointed by World Challenge to lead the Expedition.
1.10 “Force Majeure” means unusual and unforeseeable circumstances beyond the control of World Challenge, the consequences of which could not have been avoided even if all due care had been exercised, including, but not limited to, events such as war or threat of war, riot, civil strife, industrial dispute, unavoidable technical problems with transport, closure or congestion at airports, terrorist activity, natural or nuclear disaster, outbreak of disease or imposition of quarantine, fire and adverse weather conditions.
1.11 “Group” means the Challengers and accompanying adults participating in the Program and Expedition.
1.12 “Group Company” means World Challenge, any company of which it is a subsidiary (its holding company) and any other subsidiary of such holding company; and each company in a group is a member of the group.
1.13 “Individual Customers” means a Customer where the applicable Challenger takes part in an Expedition and is not a Challenger from a School.
1.14 “Major Change” includes, but is not limited to, a significant change in the itinerary, destination, or length of the Expedition.
1.15 “Parent” means the Challenger’s parent or legal guardian.
1.16 “Price” means the amount payable by the Customer to World Challenge for the Program and/or Expedition, as previously notified by World Challenge to the Customer.
1.17 "Program” means the skills development program provided by World Challenge, including planning, preparation, training for (Training Course and Training Workshops) and, ultimately, participation in an Expedition overseas.
1.18 “School” means the school, college or organization which has commissioned World Challenge to plan and undertake the Program and Expedition.
2. ACCEPTANCE
2.1 The confirmation by World Challenge of acceptance of the Challenger’s application form and the payment of the first instalment by the Challenger (or Parent on behalf of the Challenger if the Challenger is under 18) creates a contractual relationship between the Challenger (and the Parent on behalf of the Challenger if the Challenger is under 18) and World Challenge, which contractual relationship shall be governed by the Conditions herein (this “Contract”).
2.2 The Customer confirms that the application form has been completed fully and accurately and will inform World Challenge in writing as soon as possible, and at the latest ninety (90) days before the Departure Date, if any of the details provided on the application form have changed.
2.3 World Challenge intends the terms set out in these Booking Conditions (the ‘Conditions’) to be an integral part of the Contract. World Challenge urges the Customer to read these Conditions carefully and inform World Challenge at the earliest opportunity in writing if the Customer does not understand or agree with anything in these Conditions.
2.4 World Challenge intends the terms set out in these Conditions to be included in the Contract. World Challenge urges the Customer to read these Conditions carefully and inform World Challenge at the earliest opportunity at the address provide if the Challenger or Parent does not understand or agree with anything in the conditions.
3. EXPEDITION
3.1 World Challenge will plan and organize the logistics of the Expedition and will provide one or more Expedition Leader (as appropriate) to assist the Group during the Expedition.
4. PRICE
4.1 The Price quoted by World Challenge covers the cost of planning, organizing and carrying out the Program and Expedition, all associated training courses and the “Money Management” program.
4.2 The Price includes the cost of all specialist equipment, supplies, administration and travel (between the Agreed Point of Departure and the destination country, and within and between countries when overseas if part of the Expedition) except the following, for which the Customer is responsible:
4.2.1 Transporation costs and expenses for training courses.
4.2.2 inoculation fees, costs of travel to the Agreed Point of Departure, cost of passports, visas and related charges where applicable, rest and relaxation activities unless otherwise stated; and
4.2.3 costs of the Challenger’s own prescribed medical requirements and personal equipment, clothing, insurance for personal belongings and personal spending money.
4.3 World Challenge may increase or decrease the Price at any time up to thirty (30) days before the Departure Date where there has been a change in transportation costs or where any government changes or introduces any tax, duty or levy which directly affects transport costs incurred by World Challenge on behalf of the Customer, including disembarkation and airport fees. World Challenge will bear the burden of any change to the Price up to the value of two percent (2%) of the original Price. Changes in excess of 2% may be charged or credited to the Customer. Where the Price changes substantially, the Customer has the rights as set out in clause 6.7.
5. PAYMENT
5.1 The Customer agrees to pay World Challenge the Price. Where the Customer elects to pay the Price to World Challenge by instalments, the following clauses 5.1.1 to 5.1.3 shall apply:
5.1.1 the first deposit is non-refundable and payable at the time of application for a place on the Program in the amount specified by World Challenge.
5.1.2 the remaining installments are due on the dates and in such amounts as are specified in the World Challenge Offer Letter;
5.1.3 the balance remaining after payment of all installments is due no later than ninety (90) days before the Departure Date or upon World Challenge offering the Challenger a place on an Expedition, whichever is the later (in the case of the latter, all unpaid installments shall also then be due).
5.2 A surcharge may apply to any payment made by credit card.
5.3 In addition to any other rights it may have, World Challenge may terminate this contract if any payment is made more than seven (7) days after the due date.
6. CANCELLATION, ALTERATION AND REFUNDS
6.1 World Challenge starts to incur costs from the moment the booking is made. If the Customer withdraws from the Program or Expedition or cancels the Contract due to reasons which are the fault or wilful decision of the Challenger or Parent (including, where the Expedition team is a School group, the Challenger is withdrawn from the Program by his or her School) or for any other reason whether beyond the reasonable control of the Challenger or otherwise, then the Customer must compensate World Challenge for any expenses or losses incurred by World Challenge as a result of the withdrawal or cancellation. World Challenge shall take all reasonable steps to keep the compensation due from the Customer for such costs and losses to a minimum and providing the School does not refund any Challenger without written agreement from World Challenge, World Challenge will retain any payments already made by the Challenger to cover reasonable costs incurred by World Challenge. The Customer’s notice of cancellation or withdrawal must be made in writing to World Challenge and signed by the same persons that signed the application form. The closer the Customer’s withdrawal or cancellation is to the Departure Date, the higher the costs and expenses World Challenge will have incurred and the lower the likelihood of finding a suitable person to replace the Challenger. The amounts the Customer will be entitled to receive by way of refund will be calculated using the table set out below and World Challenge will notify the Customer of the amount following receipt of cancellation or withdrawal notice. In certain circumstances the airline or other carrier will also apply cancellation charges which must be paid by the Customer. Details of these will be provided to the Customer where applicable.
Cancellation this many days prior to departure in accordance with clause 6.1 You will receive a full refund minus the following
16 months or more $250 deposit
16months to 10 months $250 deposit + $500 cancellation fee
10 months to 90 days $250 deposit + $1000 cancellation fee
90 – 60 days $250 deposit + 75% of the Expedition Fee
60 days or less No refund
6.2 If a Challenger withdraws from the Program or Expedition as a direct result of one of the following events:
6.2.1 the Challenger’s accidental bodily injury, illness, compulsory quarantine, summoning to jury service or witness attendance in any court that prevents the Challenger from participating in the Program at the scheduled time;
6.2.2 the death or serious illness of a close relative (parent or sibling) of the Challenger which necessitates the presence of the Challenger in the United states that prevents the Challenger from participating in the Program at the scheduled time; or
6.2.3 the death of the Challenger (in which case the parent or next of kin shall notify World Challenge)
then, provided the Customer provides clear written evidence of such event to World Challenge’s satisfaction, World Challenge shall refund to the Customer any sums paid to World Challenge towards the Price of the Program or Expedition less an administration charge of $100 and the $250 non-refundable deposit.
6.3 In the case of injury or illness of the Challenger, a doctor’s certificate will be required and World Challenge reserves the right to assess the condition ninety (90) days prior to the Departure Date before making a final decision. The provision of such medical certificates will be at the Customer’s expense.
6.4 Pre-existing medical conditions: Please note that as a general principle pre-existing medical conditions will only be covered by the above if the condition has suddenly and unexpectedly deteriorated to a degree that renders the Challenger unfit to travel and where such deterioration could not have been reasonably foreseen at the time of application.
6.5 From time to time it may be necessary for World Challenge to make changes to, or to cancel the Program and/or Expedition after World Challenge has accepted the Customer’s booking, whether for reasons of safety, due to Force Majeure or otherwise. World Challenge reserves the right to make such changes or cancellations. Most of these changes will be minor and World Challenge will notify these to the Customer as soon as reasonably practicable before the Departure Date. Occasionally it may be necessary for World Challenge to make a Major Change (as defined in clause 1.14 above). World Challenge also reserves the right at any time prior to the Departure Date without prior consultation with the Customer to notify the Customer in writing that the Challenger’s Expedition will be merged with one or more other expeditions. This may occur if the Challenger’s Expedition team is not of an adequate size (due, for example, to other Challengers’ cancellations) and may result in a change to the planned destination. The Customer will be notified in writing of any such decision as soon as reasonably practicable. If the changes to the Expedition amount to a Major Change then the Customer must notify World Challenge as soon as possible whether they wish to accept the change or cancel the Contract and will have the rights set out in clause 6.7.
6.6 The Customer accepts that as a result of a reduction in numbers of the Group prior to the start of the Expedition, World Challenge may have to change the Expedition content and the Price charged per Challenger in order to reflect the cost of World Challenge’s fixed overheads which cannot be reduced in line with the reduction in numbers. If this amounts to a Major Change to the Expedition, the Customer will have the rights set out in clause 6.7. World Challenge will notify the Customer of a Major Change as quickly as possible to enable it to decide whether to accept the change or to cancel the Contract. The Customer will inform World Challenge of its decision as soon as possible.
6.7 In the event that World Challenge cancels the Contract for any reason other than the Challenger’s or Parent’s fault, or where the Customer elects to cancel the Contract rather than accept a Major Change, at World Challenge’s option the Customer is entitled to:
6.7.1 a substitute Expedition of at least equivalent value (subject to availability); or
6.7.2 a substitute Expedition of lower value (subject to availability) and a refund of the difference in price between the original and the substitute Expedition; or
6.7.3 a refund of the sums paid under the Contract which relate to those aspects of the Program and/or Expedition which have not been received by the Challenger.
6.8 If the Customer elects to cancel the Contract rather than accept a Major Change, or if the Contract has been cancelled other than by reason of the Customer’s fault, then in addition to any entitlement the Customer may have under clause 6.7 World Challenge will pay minimum compensation in accordance with the table below. The figures quoted are by way of guidance only, and may, in appropriate circumstances, be increased or decreased at World Challenge’s discretion depending on the particular circumstances surrounding the cancellation of the Program and/or Expedition, and in any event do not limit the Customer’s rights to claim a higher amount of compensation. No compensation will be payable if the change or cancellation is due to Force Majeure.
Time before Departure Date that notice is given by World Challenge Compensation per Challenger
Less than 15 days $50
Less than 1 month $35
Less than 2 months $20
More than 2 months $0
7. EXCLUSION AND WITHDRAWAL
7.1 While an Expedition is in progress, all decisions shall be made by World Challenge (or the Expedition Leader on World Challenge’s behalf). The Challenger shall act in accordance with all reasonable instructions from World Challenge and/or the Expedition Leader.
7.2 World Challenge or the Expedition Leader may withdraw the Challenger from the Program or Expedition at any time (including during the Expedition itself) without liability to World Challenge of any nature whatsoever if World Challenge or the Expedition Leader is of the opinion that the Challenger’s presence does or is likely to prejudice the good order, discipline or safety of the Expedition, including as a result of the Challenger breaking any law or regulation of any country or establishment where the Expedition takes place. In such event, the Customer shall not be entitled to any refund but shall indemnify World Challenge against any loss or expense World Challenge may incur or suffer as a result of the Challenger’s behavior described in this clause 7.2.
7.3 If, after the Departure Date, World Challenge is unable to provide a significant proportion of the services agreed to be provided under the Contract, World Challenge will do its best to make suitable alternative arrangements. If World Challenge cannot do so or the Challenger refuses to accept such arrangements for good reason World Challenge will transport the Challenger to the point of departure as soon as it reasonably can.
8. LIABILITY
8.1 The Challenger’s booking is accepted by World Challenge on the understanding that the Customer understands and acknowledge that the Challenger’s travel in connection with and participation in the Expedition arranged by World Challenge may involve risk and potential exposure to injury and possibly death. The Customer also hereby realizes and acknowledges that risk and dangers may be caused by the negligence of the owners, directors, employees, contractors, subcontractors, officers or agents of World Challenge or the negligence or participation of other participants, contractors and/or subcontractors to World Challenge. The Customer also recognizes and acknowledges that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and other acts of nature. The Customer fully understands and acknowledges that the aforementioned risks, dangers and hazards are a potential in connection with recreational activities which may take place during the Expedition.
8.2 In recognition of the inherent risk of the travels and related activities in which the Challenger is intending to engage, the Customer confirms that the Challenger is physically and mentally capable of participating in the activity, that the Challenger is willingly and knowingly electing to participate in the Expedition in spite of the potential risk of danger, and the Customer willingly and voluntarily assume full responsibility for any injury, loss or damage suffered by the Challenger or caused by the Challenger, whether caused in whole or in part by the negligence of the owners, directors, agents, officers, employees, contractors or subcontractors of World Challenge.
8.3 In consideration of the Expedition provided by World Challenge, the Customer, for itself and for its heirs, personal representatives or assigns, does hereby release, waive, discharge, hold harmless and agree to indemnify World Challenge, and its owners, officers, directors, agents, contractors, subcontractors, employees, and the school and school district associated with the Expedition from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during the Expedition and any activities conducted in conjunction therewith. THE CUSTOMER SPECIFICALLY UNDERSTANDS AND AGREES THAT IT IS RELEASING, DISCHARGING AND WAIVING ANY CLAIMS OR ACTIONS THAT CUSTOMER MAY HAVE PRESENTLY OR IN THE FUTURE FOR THE NEGLIGENT ACTS OR CONDUCT OF THE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR SUBCONTRACTORS OF World Challenge.
8.4 Subject to clauses 8.1 to 8.3 above, World Challenge’s total liability (which includes the liability of its employees and agents) to the Customer (and Challenger) arising out of or in connection with the Expedition or this Contract shall be limited to the total Price paid for the Expedition.
8.5 In connection with any action or legal proceeding arising out of this agreement, the Customer hereby specifically and knowingly waives any rights that Customer might have to demand a jury trial..
8.6 Regardless of the situation or circumstances giving rise to a claim, World Challenge shall not be liable for any punitive, exemplary, indirect or consequential costs, damages or losses however they may arise, and Customer hereby waives any right to seek consequential, punitive or exemplary damages against World Challenge for any reason whatsoever.
8.7 World Challenge and its affiliates, owners, officers, agents, employees, contractors and subcontractors purchase transportation, hotel accommodations, restaurant services and other services from various independent suppliers (“Carriers”) that are not subject to its control. These Carriers impose their own conditions of carriage which, together with the provisions of certain international conventions, shall form part of this Contract and generally limit the liability of carriers. A copy of the conventions and conditions of carriage applicable to the Challenger’s Program is available on request from World Challenge.
8.8 Neither World Challenge nor any associate organization shall be held liable for any act, default, injury (including death), loss, expense, damage, deviation, delay, curtailment or inconvenience caused to or suffered by any person or their property, howsoever arising, which may occur or be incurred by any organization or person, even though such act, default, injury, loss, expense, damage, deviation, delay, curtailment or inconvenience may have been caused or contributed to: (a) by the act, neglect or default of World Challenge, or of any persons for whose acts it would otherwise be responsible, or (b) defects or failures of any aircraft, vessel, automotive vehicle or other equipment or instrumentality under the control of independent suppliers. In addition, World Challenge cannot be liable for delays in departure or interruption of your vacation arrangements caused by weather conditions, technical problems of any aircraft, vessel, automotive vehicle or other equipment or instrumentality, strikes, war, terrorist activity, civil commotion or any causes beyond the control of World Challenge. In no event will World Challenge be responsible for incidental, consequential or special damage or loss suffered by any person. World Challenge’s maximum liability, for any reason whatsoever, will be limited to the amount paid to World Challenge for its services. In issuing tickets and coupons for transportation of the purchaser by any means and making arrangements for hotel or other accommodation, World Challenge is not acting as principal but only as agent for the companies, corporations or persons providing or offering the means of transportation and accommodation. To the extent World Challenge shall not be acting as an agent, as stated above, it shall be deemed to be acting as an agent of the purchasers in arranging or booking transportation and accommodation.
8.9 While World Challenge makes every effort to ensure that the Expedition is safeguarded from terrorism by relying upon the best available advice at that time due to the unpredictable nature of global terrorism, World Challenge can make no guarantees. By signing up to the Conditions, the Customer acknowledges that the Group will travel at their own risk and confirms that the Customer has made its own enquiries as it deems necessary. World Challenge expressly excludes all liability (both direct and indirect) for any losses or damages whatsoever that the Group may suffer or incur as a result of, or in connection with, an act of terrorism.
9. HEALTH
9.1 The Challenger (or, if the Challenger is eighteen years of age or younger, then, the Customer) hereby represents and warrants that the Challenger is in good health and that the Challenger (or, if the Challenger is eighteen years of age or younger, then, the Customer) is not aware of any reason why the Challenger may be particularly unsuited to taking part in the Expedition or may be likely to suffer illness or injury during the Expedition, taking into account the challenges and purposes of the Expedition.
9.2 The Customer confirms that he or she completed the application form fully and accurately and will inform World Challenge in writing as soon as possible, and at the latest ninety (90) days before the Departure Date, if any relevant circumstances change before the Departure Date. In particular if the Challenger has any pre-existing or existing medical condition, illness or disability or is undergoing any medical treatment, World Challenge must be given full particulars at the earliest opportunity or at the latest ninety (90) days or more prior to the Departure Date. If it is later discovered that a pre-existing condition was not declared within the specified time, World Challenge reserves the right on grounds of the Challenger’s safety, to withdraw the Challenger from the Program or the Expedition. In such circumstances the Price payable by the Customer shall be calculated in accordance with the table set out in clause 6.1 by reference to the date on which the Challenger is withdrawn by World Challenge.
9.3 In order to assess the Challenger’s suitability for the Expedition or in processing any insurance claim, World Challenge may require information from the Challenger’s doctor. Where there is a charge for the provision of the information this will be at the Customer’s expense.
9.4 Except as disclosed in writing to World Challenge, the Customer is not aware of any reason why the Challenger may have difficulty entering any of the countries covered by the Expedition.
9.5 All Challengers must take all necessary inoculations or medication within the requisite period before the departure and during the Expedition (as appropriate) and should take advice from their Doctor as to which inoculations or medication are necessary and/or advisable for the Expedition itinerary. World Challenge reserves the right to inspect any Challenger’s vaccination book at any time and to cancel any application in the event that the Challenger in question has not received all the requisite inoculations or medication.
9.6 If the information given by the Customer on the application form or under this clause 9 is incorrect or inadequate and World Challenge discovers that the correct information affects the Challenger’s suitability to take part in the Expedition, World Challenge may terminate the Contract and withdraw the Challenger from the Expedition at the expense of the Customer, provided that World Challenge exercises its discretion reasonably in this regard. In this event, the Customer shall be entitled to a refund as set out in the table in clause 6.1 above.
10. DOCUMENTS AND COMPLIANCE
10.1 The Customer is responsible for obtaining and making available the necessary documents (including but not limited to full, current and valid passport and visas for all periods, countries and territories within the Expedition) to enable the Challenger to participate in the Expedition, and the Challenger shall comply with all local legislation and regulations of the country or place in which the Expedition takes place (including immigration, customs and currency exchange). The Customer shall pay World Challenge for any loss or expense which World Challenge may incur or suffer as a result of a breach of this clause 10.1.
10.2 The Customer is responsible for obtaining the consent of the Challenger’s parents or legal guardians to the Challenger’s participation in the Expedition if the Challenger is under the age of eighteen (18) at the time of making this booking. The adult members of the Group shall have access to emergency contact information and next-of-kin details and shall have obtained parental/guardian consent for emergency medical treatment of Challengers under the age of 18 years in the event that a parent or guardian cannot be contacted in an emergency.
11. INSURANCE
11.1 World Challenge’s policy is to hold insurance cover in respect of, among other things, all costs associated with medical evacuation and emergency medical requirements during the Expedition, legal cover, personal liability and cancellation and curtailment. A copy of World Challenge’s insurance policy can be provided upon request.
11.2 The Customer should ensure that satisfactory arrangements are in place for the insurance of other aspects that are not covered by the World Challenge insurance policies such as any personal belongings and money and traning courses.
11.3 It should be noted that a general principle of insurance is that pre-existing conditions are not covered. The Customer should assume that this is the case with all World Challenge policies unless specifically advised otherwise in writing by World Challenge.
12. ADDITIONAL INFORMATION ABOUT THE EXPEDITION
12.1 All meals will be provided from the Agreed Point of Departure until the return to that point at the end of the Expedition.
12.2 It is part of the Program that both prior to and during the Expedition, the Challenger will work with World Challenge staff, the Expedition Leader and other Challengers in his/her team to plan the itinerary for the Expedition. As a result of the nature of and the length of time required in planning all World Challenge expeditions, World Challenge is not in a position at the time of Contract to confirm the operator, aircraft flight number, exact Departure Date, airports, ferry-port or itinerary. These details will be planned by World Challenge as part of the Expedition and once they are agreed the Challenger (if he or she then wishes to withdraw from the Expedition) will, within fourteen (14) days of being provided with such information, have the options set out in clause 6.7.
13. DATA PROTECTION
13.1 The Customer and Challenger consent to World Challenge processing data relating to them for legal, administrative and management purposes and in particular to the processing of any “sensitive personal data” (as defined in the Data Protection Act 1998) relating to the Challenger including, as appropriate:
13.1.1 information about the Challenger's physical health or condition in order to monitor the Challenger's fitness for the Program and Expedition; and
13.1.2 information about the Challenger's special dietary requirements (if any).
13.2 World Challenge may make such information available to any Group Company, those who provide services to the Group Company, regulatory authorities, and governmental or quasi-governmental organizations.
13.3 The Customer and Challenger consent to the transfer of such information outside the US, including where the country or territory in question does not maintain adequate data protection standards.
14. PHOTOGRAPHS/COMMENTS
14.1 If the Customer chooses to supply World Challenge with any photographs or comments about their experience on the Expedition, the Customer hereby confirms that:
14.1.1 it irrevocably grants permission to World Challenge, its Group Companies and licensees and assigns, to use such photographs or comments throughout the world for any of their commercial or non-commercial purposes in any and all media, including, without limitation, in World Challenge's printed publications, presentations, promotional materials, in the advertising of World Challenge's goods or services or on World Challenge's website;
14.1.2 it waives all moral rights in such photographs or comments to which it may now or at any future time be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.
14.1.3 it shall procure any necessary third party consents and/or waivers to give effect to this clause 14 and shall indemnify World Challenge and its Group Companies against any claims, losses, damages or costs arising from its failure to do so.
15. GENERAL MATTERS
15.1 Subject to clauses 15.2 and 15.3 either Party may transfer the benefit of the Contract to a third party provided that such third party satisfies the Conditions that apply to the Program or Expedition and agrees to be bound by these Conditions (as the same are in force at the time of transfer) and reasonable written notice is given to the other Party of this transfer in advance of the Departure Date.
15.2 World Challenge reserves the right to refuse any transfer of the benefit of the Contract to a third party where it is deemed (in the sole opinion of World Challenge) prejudicial to the safe and efficient conduct of the Expedition and/or where the new proposed Challenger is not (in the sole opinion of World Challenge) a fit and proper person for participation in the Expedition. In such event, World Challenge’s normal cancellation charges will be applied pursuant to clause 6 of these Conditions.
15.3 World Challenge may sub-contract any of its obligations under this Contract provided that the rights of the Customer are not adversely affected as a result.
15.4 Any controversy or claim arising out of or relating to the Expedition, this Contract, or the performance there under, including without limitation any claim related to bodily injury, property damage or death, shall be settled by binding arbitration in Atlanta, Georgia, USA in accordance with the rules of the American Arbitration Association then existing, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. This agreement to arbitrate does not waive or modify the liability release contained in this document.
15.5 If any of these Conditions are found by any court or other competent authority to be wholly or partly unfair or unenforceable the validity of the rest of the Conditions and the rest of the Condition in question shall not be affected and shall remain valid and enforceable to the extent permitted by law.
15.6 The Customer confirms that it has the authority to enter into the Contract and that the individual who signs the booking form is duly authorised on behalf of the Customer to do so.
15.7 Any failure by either party at any time, or from time to time, to enforce or to require the strict keeping and performance of any of the terms or conditions of this Agreement shall not constitute a waiver of any such terms or conditions and shall not affect or impair such terms and conditions in any way or the right of such party at any time to avail itself of such remedies as it has for the breach or breaches of such terms and conditions.
15.8 Except as otherwise expressly provided to the contrary, the rights herein granted and this Contract are for the benefit of the parties hereto. The Conditions shall be exclusive of any advertising, marketing or other sales literature or activities of World Challenge and nothing contained in any of such materials shall be construed to create any rights as a result of or in connection with this Contract.
15.9 World Challenge reserves the right to amend these Conditions without the prior approval of the Customer due to Force Majeure. World Challenge will notify the Customer as soon as reasonably practicable of any such amendment.
15.10 This Contract shall be governed in all respects by the laws of the State of Delaware.
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