This contract is between Agapé Adventures Limited (registered in Ireland, number 484116), herein referred to as ‘’Agapé’’, ‘’We’’ or ‘’Us’’ and the client who has signed, herein referred to as the ‘’Volunteer’’. It has precedence over all other information both verbal and written. All persons booking are bound by the conditions of contract. By signing you are indicating your wish to join the Project Adventure/Expedition specified on your application form subject to the following terms and conditions.
- Volunteers should be at least 18 years old at the time of departure. Each Volunteer will have certified his/her age in the application form already filled in by him/her and Agapé has accepted this certification in good faith. Where the Volunteer is less than 18 years old on the date these Terms and Conditions are signed and dated, he/ she will be required to sign a confirmatory copy of these Terms and conditions on his/her own behalf upon reaching the age of 18 prior to departure. Agapé reserves the right to cancel any Volunteer’s application forthwith or to ask the Volunteer to leave the Project Adventure/Expedition, if it has already begun, without a refund in the event that this certification is found to be incorrect.
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- All Volunteers are expected to satisfy themselves prior to departure that they are fit and able to complete the Project Adventure/Expedition and hereby confirm that they regard themselves to be of sufficient good health to undertake the Project Adventure/Expedition.
- The Volunteer must complete the Agapé Overseas Medical Declaration Form and any additional Medical Questionnaires (such as the Asthma, Diabetes or Epilepsy Forms) where required and return it/them with these Terms and Conditions. Any Volunteer with a pre-existing or existing medical condition, illness, psychological/ psychiatric illness (including depression and eating disorder) or disability or who is undergoing any sort of treatment should disclose to Agapé full particulars of the same on the Agapé Adventures Medical Declaration form. Agapé reserves the right to cancel any application as a result of any such disclosure. Failure to make such disclosure in full shall constitute a breach of these Terms and Conditions and (subject to Paragraph 5 below) Agapé will not be liable for any illness or injury to any Volunteer caused by any failure to make such disclosure in full. Agapé reserves the right to ask any Volunteer to leave the Project Adventure/Expedition without a refund in the event that it transpires that any such disclosure has been misleading, inaccurate or incomplete.
- Agapé can not be held responsible or liable for any disease, illness or medical condition contracted during the Project Adventure/Expedition and/or any Volunteers failure to comply with these Terms and Conditions or any instruction issued to any Volunteer in connection with the Project Adventure/Expedition in any way, for example, but not limited to, Malaria, Hepatitis, Aids. Any information provided by Agapé regarding health issues is given in good faith and can only constitute a general overview of the health hazards and requirements relevant to the Project Adventure/Expedition. As a result it is no substitute for specific and detailed medical advice.
- Once the Project Adventure/Expedition has begun Agapé reserves the right to decide for reasons of health whether or not it is in the best interests of a Volunteer to participate in any element of the Project Adventure/Expedition or to continue on the Project Adventure/Expedition as a whole.
- All Volunteers must take all necessary inoculations or medication within the requisite period before departure and during the Project Adventure/Expedition (as appropriate) and should take advice from their GP or doctor as to which inoculations or medication are necessary and/or advisory for the itinerary. Agapé reserves the right to inspect any Volunteers vaccination book at any time and to cancel any application in the event that the Volunteer in question has not received all the requisite inoculations or medication.
- It is the Volunteers responsibility to seek medical advice concerning all other matters relevant to the Project Adventure/Expedition. All Volunteers should be aware that general standards of health, safety and hygiene in the countries to be visited might not be up to Irish and UK standards, and of the risk of injury, fatigue and disease inherent in an Project Adventure/Expedition of this kind.
- Travel Documents. It is the Volunteers responsibility to comply with such visa, passport and other travel documentation requirements as are necessary for the Project Adventure/Expedition and Agapé will not be responsible for any Volunteer’s failure to do so. Any information provided by Agapé with regard to travel documentation is given in good faith but without responsibility on the part of Agapé.
- Travel and Cancellation Insurance.
- All volunteers should be adequately protected by insurance cover, which should cover every aspect of the project/expedition. Such policies include Frank Glennon Ltd Travel Insurance and equally comprehensive policies. Agapé reserves the right to inspect the policy each Volunteer has taken out and to cancel any application where it believes the policy in question is inadequate or defective.
- Notwithstanding the provisions of paragraph 4 a) above, Agapé makes no representation as to the suitability of any insurance policy and shall not be liable to any volunteer in the event that it transpires that his/her policy is inadequate or defective.
- Liability of Agapé.
- All Volunteers’ applications are accepted on the understanding that the Project Adventure/Expedition may involve elements of risk and that they appreciate the potential hazards involved including the possibility of injury, disease, discomfort, delay, and loss of or damage to property. All Volunteers undertake to participate in the Project Adventure/Expedition entirely at their own risk. Accordingly, Agape shall not be liable for any damage or loss which is: -
- Attributed to any Volunteer’s action or behaviour
- Attributed to third party action unconnected with Agapé performance of its obligations hereunder;
- Due to circumstances beyond Agapé’s control, including (but not limited to) the circumstances listed in paragraph 7 (a) and (c) below.
- Agapé shall only be liable in all other respects to the extent that it is obliged to assume liability under Irish law.
- Liability of Volunteers.
- All Volunteers must understand and appreciate that given the nature of the Project Adventure/Expedition Agapé cannot monitor and chaperone each Volunteer 24 hours a day. Notwithstanding this, Agapé does its best to advise Volunteers on matters of personal security and safety and to afford them adequate supervision during each of the activities included in the Project Adventure/Expedition. However, Volunteers must at all times act and behave in a responsible and diligent manner with regard to their own safety and well-being, as well as that of others. Furthermore, as adults, they must be aware that they may be found responsible and liable in law for any injuries/ damages caused by their own actions, negligence or failure to follow instructions.
- All Volunteers are expected to respect and obey the laws and customs of the countries visited during the Project Adventure/Expedition and any rules and regulations brought to their attention from time to time by the directors and/or management of any organisation, institution or company with which Agapé works, by the Project Adventure/Expedition leader or by any other figure in a position of responsibility. Volunteers are also expected to treat all other team members and local people with courtesy and consideration.
- The decision of Agapé, its employees and agents regarding any matter connected with the Project Adventure/Expedition is final and all instructions issued by them are to be obeyed by each Volunteer forthwith. Agapé, its employees, servants and agents reserve the right to send home (without any right of refund) any Volunteer who does not comply with the requirements of paragraph 6 b) above or if they believe that the Volunteer’s behaviour is detrimental to the safety and welfare of the Project Adventure/Expedition, the team or any other third party.
- Agapé shall hold each Volunteer personally responsible for any loss of business or disrepute suffered by Agapé due to any Volunteer’s failure to comply with the requirements of paragraph 6 b) and/or c) or these Terms and Conditions generally.
- Flexibility/ Alterations/ Cancellations by Agapé.
- The Volunteer accepts, understands and acknowledges that, given the nature of the Project Adventure/Expedition and its location, a flexible approach, allowing for the possibility of alternative arrangements, is necessary. The outline itinerary as given for the Project Adventure/Expedition must therefore be taken as indication only of what each Volunteer may accomplish and not as a contractual obligation on the part of Agapé to be followed by the letter. The Volunteer should appreciate that the activities, schedules, itineraries, facilities and modes of transport may be subject to alterations without prior notice due to local circumstances or events beyond Agapé’s control, which may include (but not limited to) sickness or mechanical breakdown, flight cancellations, strikes, events caused by political disputes, entry or border difficulties, climatic, and other predictable or unforeseen circumstances.
- Agapé reserves the right to alter any itinerary subject to giving, where possible, the Volunteer’s prior notice in writing.
- Agapé shall not be liable to any of the Volunteers for any cancellation, alteration or postponement of the Project Adventure/Expedition or any part thereof, due to circumstances beyond its control, including (but not limited to) strikes, lock-out, war, civil disturbance, government action, and natural or environmental disaster. However, in such circumstances, Agapé shall endeavour to refund each Volunteer as much of the Project Adventure/Expedition costs as possible in the event of cancellation before or during the Project Adventure/Expedition.
- Charges and Payment.
- This Terms and Conditions form should be signed, dated and forwarded to Agapé, together with a non-refundable deposit of € 300, within 14 days of an offer being made.
- The balance is payable to ‘Agapé Adventures Ltd’ 60 days prior to departure.
- Agapé recommends your flight arrangements be ATOL protected, and through separate tour operators and their Terms and Conditions apply. These are available on request from your flight provider. All payments must be made directly to the flight provider. Please note:
- Agapé accepts no liability or responsibility for the errors or omissions of the tour operator.
- Airport taxes due on all international flights are not included in any of the above and payment in each case is the responsibility of the Volunteer.
- Agapé will write to Volunteers who have failed to meet their financial obligations on time, no later than seven days after each deadline date. Such written notice will state that unless payment is received within the following seven days Agapé reserves the right to cancel the offer of a place on the Project Adventure/Expedition and in such circumstances, no refund of any monies paid to any party under this contract will be made.
- Cancellation by the Volunteer. A cancellation must be made in writing. Cancellation charges will be applied from the day written notification is received by Agapé. Excluding insurance premiums, cancellation charges are expressed as a percentage of total monies paid direct to, and retained by Agapé. 90-60 days prior to departure, 40% retained; 59-30 days prior to departure, 70% retained; Less than 30 days prior to departure, 100% retained. The Volunteer is strongly recommended to purchase cancellation insurance (as per 4 above), as this will cover irrevocable cancellation charges in certain circumstances.
- Prices and Surcharges. Agapé reserves the right to impose surcharges at any time in the event of unfavourable movement in exchange rates, increases in transport costs, or taxes, or if the government or political action should require us to do so.
- Accuracy of Information Supplied. So far as Agapé is aware, all specific information supplied on its website is correct at the time of publication. All other information provided comprises a general and subjective overview of the adventure/expedition and the countries to be visited, and should not be construed as a definitive analysis.
- Agapé, its employees, servants and agents reserve the right to take photographs and video recordings of Volunteers for promotional purposes during the Project Adventure/Expedition and to reproduce the same (along with any verbal comments or observations requested from Volunteers) in any brochure or other promotional literature. Each Volunteer hereby consents to all such use and reproduction and acknowledgments that no further consent shall be required in this regard. Volunteers agree not to use any pictures or video recordings of Project Adventure/Expedition clients and project staff in-connection with social networking sites or public display without prior written consent from those involved.
- A complaint about any aspect of the project / expedition should be directed in the first instance and at the earliest opportunity to the Project Adventure/Expedition leader & / or Agapé regional staff member so that he/she may endeavour to rectify the situation. It is understood that only if Agapé and those in positions of responsibility on its behalf are made aware of any problems will these be the opportunity to put things right. If the matter is not resolved to the satisfaction of the Volunteer then he/she must write to the Volunteering director of Agapé within 28 days of the Volunteers return.
- Law and Jurisdiction.
- Any controversy or claim of whatsoever nature arising out of or relating in any manner whatsoever to these Terms and Conditions or any agreement or contact to which these Terms and Conditions apply or any breach of any terms of such agreement shall be governed by and constructed in all respects in accordance with the laws of Ireland respective.
The Volunteer hereby irrevocably acknowledges and agrees that the Courts of Ireland shall have exclusive jurisdiction to resolve any controversy or claim of whatsoever nature arising out of or relating in any manner to these Terms and Conditions or any other contract agreement connected with the Project Adventure/Expedition, any terms of such contract or agreement or any breach of such contract or agreement or any such terms.
I have read, fully understand and accept the above Terms and Conditions. I also agree to Agapé contacting me by telephone, email or by post as per Data Protection Act guidelines.