Terms and Conditions

STRETCH DEVELOPMENT LIMITED AND ACADEMY OF HIGH ACHIEVERS LTD TERMS AND CONDITIONS FOR PERU TREK 2007

PARTIES
(1) STRETCH DEVELOPMENT LIMITED and ACADEMY OF HIGH ACHIEVERS LTD ("the Company")
(2) The Business/Company/Individual applying to take part in Peru Trek 2007 ("the Customer").

RECITAL/BACKGROUND
(1) The parties hereto have agreed that the Company will provide to the Customer the event specified in the Manual hereto at the time and place set forth in the Manual hereto upon the following terms and conditions.
PAYMENT TERMS
1. The Company will provide to the Customer the Event in consideration for the payment sum specified in the Manual hereto ("the Fee").
2. The Fee shall be paid by the Customer within 7 calender days of receipt of each of the Company's invoices which the Company shall send to the Customer at intervals during the 12 months prior to the event .3. The Fee shall be exclusive of value added tax which shall be payable on the Fee at the rate from time to time required by law.
CANCELLATION TERMS
1. In the event that the Customer cancels their place on the Event for whatever reason then it is agreed that the following terms shall apply:-
1.1 Due to the nature of this event, requiring minimum numbers and involving significant costs to the Company in advance of the event, the Company offers no guarantee of any refund whatsoever for cancellation by the Customer. Any cancellation by the Customer will be assessed by the Company and a discretionary partial refund may be offered by the Company to the Customer.

RIGHT OF THE COMPANY TO CANCEL OR REARRANGE THE EVENT
5. The Company shall have the right under this Agreement if the trip becomes unavailable to the Company for reasons beyond the Company's control, the Company shall have the right to cancel the date of the Event and reschedule the Event upon reasonable prior notice to the Customer and taking into account to a reasonable extent the convenience and availability of the Customer to the Event.
DISCLAIMER
6. The intent of the Event is to provide opportunities for development for the Customer. It is for the Customer to ensure that it receives the full developmental benefit of the Event.
7. The information in any materials provided and instruction given in connection with and at the Event, is for educational purposes only. No guarantee is given of any resulting increase in the Customers skills or those of its delegate or delegates. Results can only be achieved by applying the educational material and developing skills. Any particular instances cited at the Event or in the said materials provided for the Event are by way of example/illustration and for educational purposes only.
8 By signing these terms and conditions and in particular this disclaimer before attending the Event, the Customer releases the Company and its trainers/presenters from any liability resulting from the Customers actions based on the Event or upon the Company's materials provided. Any such materials or guidance by or on behalf of the Company are not to be construed as prediction or advice for the Customers actions but are strictly educational.
9. All the Company's materials, workbooks and notes etcetera provided for the Event are the copyright of the Company.

10. The Customer is not permitted, whether for himself or others and whether via his servants agents or otherwise, to make available or to divulge to any unauthorised person in any way any of the contents of the said materials, workbooks etcetera mentioned at paragraph 9 above.
11. No photocopying, audio, video or photographic recordings of any of the said copyright materials are allowed without the prior consent knowledge and arrangement of the Company.
12. By signing these terms and conditions the Customer has consented to his presence or the presence of his delegate or delegates in any audio, video or photographic recordings of the Event arranged by the Company, and the Customer has similarly waived any right claim or interest in the reproduction distribution and exposure of any or all of the aforementioned recordings which are owned and possessed exclusively by the Company.

Across the Divide Ltd Booking Conditions
These are the terms and conditions of Across the Divide which apply to those who are advised by Stretch Development Ltd / Academy of High Achievers Ltd that they will be participating in the event. Please refer to Stretch Development Ltd / Academy of High Achievers Ltd own terms and conditions regarding your eligibility to travel. Only those potential participants who qualify under Stretch Development Ltd / Academy of High Achievers Ltd rules will be entitled to travel. For those selected to travel, then the following conditions will apply:

1. Your contract with Across the Divide
If you are selected to take part in the event, we will be advised of your details by Stretch Development Ltd / Academy of High Achievers Ltd. Your contract for travel, accommodation and other services (“your travel arrangements”) will be with us, Across The Divide of Jubilee House, Fore St, Thorncombe, Somerset TA20 4PP. We will confirm our contractual commitment to you by sending to you, via Stretch Development Ltd / Academy of High Achievers Ltd a confirmation invoice, plus the details of your travel arrangements and the itinerary that we have agreed to provide. It is only then that these terms and conditions will apply and a contract will exist between us, which is governed by English laws and the exclusive jurisdiction of the English Courts. Travel arrangements made by us are fully protected under the Company’s ATOL Licence Number 6475 arranged with the Civil Aviation Authority (CAA). Payment for all arrangements are made by Stretch Development Ltd / Academy of High Achievers Ltd from the payments it has received in accordance with their terms for participating in the event.

2. The price of your Tour
(a) From those sums received by Stretch Development Ltd / Academy of High Achievers Ltd, Stretch Development Ltd / Academy of High Achievers Ltd will pay to us the cost of your travel arrangements that we are agreeing to provide.

(b) We reserve the right to increase the price of your travel arrangements to allow for variations in transportation costs (including the cost of fuel); dues, taxes or fees chargeable for services such as landing taxes and fees at airports and the exchange rate applicable to your travel arrangements. We will absorb any increase which equals 2% or less of the cost of your travel arrangements. Any additional increase in travel costs (other than those relating to tour extensions requested by you) will be met by Stretch Development Ltd / Academy of High Achievers Ltd subject to the terms of Stretch Development Ltd / Academy of High Achievers Ltd’s agreement with us.

(c) For the avoidance of doubt – we are not liable for any expenses you incur in the event of a change of tour departure time, date or airport.

3. Health, Safety & Fitness and your Insurance Cover
The event in which you will be participating is challenging and will require a good level of fitness, strength and endurance and it is your responsibility to ensure that you have the appropriate level of fitness to undertake the challenge. You should check with your doctor to ensure that you are sufficiently fit and healthy to participate in the event. Anybody with any disability, illness or infirmity needs to check with Across The Divide as to whether they can take part. You will need to complete a medical questionnaire and Across The Divide reserve the right to obtain further information from you and your GP relating to any medical condition they are concerned about, and also reserve the right to refuse entry to any participant that they feel is not medically fit enough to take part. If your medical condition changes in any way after completing the medical form and before the departure date, then you must inform Across The Divide and the insurance company of these changes. You should take into account that medical and other facilities at your destination are likely to be inferior to those in the United Kingdom and accordingly it is a compulsory term of travel that you take out travel insurance to cover any health or injury problems that arise and, if necessary, to arrange for your repatriation to the United Kingdom. Participation in the event is conditional on Across the Divide being satisfied that the you have adequate insurance. If you chose not to take the insurance scheme we offer, you are responsible for ensuring you are in possession of travel insurance in respect of at least medical expenses, injury, death, repatriation, cancellation and curtailment, with cover and benefits equal to or greater than the insurance we offer.

4. Cancellation
(a) If you cancel your travel arrangements, any balance of the sum paid to us by Stretch Development Ltd / Academy of High Achievers Ltd for your travel arrangements, after deduction of cancellation charges, which have been agreed with Stretch Development Ltd / Academy of High Achievers Ltd will be repaid to Stretch Development Ltd / Academy of High Achievers Ltd.
(b) Similarly, if we cancel your travel arrangements any refunds or compensation will be paid to Stretch Development Ltd / Academy of High Achievers Ltd
(c ) If cancellation occurs in circumstances where recovery of cancellation charges is indemnified under your travel insurance, you hereby agree that you will co-operate in the recovery of these charges from the insurers and any sums recovered under the policy will again be paid over to Stretch Development Ltd / Academy of High Achievers Ltd .
(d) If cancellation occurs due to unusual and unforeseeable circumstances beyond our control, such as national emergency, natural disaster, fire, bad weather, flight delays or other such events (acts of force
majeure), then we will advise you as soon as it is reasonable to do so. If the event is cancelled due to force majeure, any refunds due would be paid to Stretch Development Ltd / Academy of High Achievers Ltd subject to the terms of their agreement with us.

5. Destination Safety and Force Majeure
Your personal safety during the event is of fundamental importance to us and whilst we will carefully monitor the safety of your destination, the Foreign and Commonwealth Office do offer a travellers advice line, the details of which are 0207 238 4503. You should ensure that you are kept informed of the latest FCO advice.
6. Alterations
Across The Divide and its supplier of flights, accommodation and land arrangements shall be entitled to change the details of your travel arrangements and itinerary. If a change is significant you will be advised as soon as possible and you will be entitled to:-
(a) Cancel your participation in the event, in which case you agree that the cost of your travel arrangements will be repaid by us to Stretch Development Ltd / Academy of High Achievers Ltd; or
(b) Agree to proceed with the revised arrangements for the event

7. Standard and Quality of Accommodation and Services
Your booking is accepted on the understanding that you realise that the tourism infrastructure in relation to both travel and accommodation may be substantially lower than you would expect in the UK and you should not have unreasonable expectations of the facilities that will be provided. As a consequence we will endeavour to make sure connections and transfers go smoothly but this may not always be possible due to flight cancellations, local political situations, weather, mechanical breakdown, or other unforeseen circumstances. Timings of air, sea, road and rail departures are therefore estimates only due to the above possible situations occurring.

8. Liability
(a) We accept responsibility for ensuring that your travel arrangements will be as described in literature produced by us, or on our behalf, in our Confirmation Invoice and with the itinerary and that the services we are contractually obliged to provide are to a reasonable standard. If in the reasonable opinion of Stretch Development Ltd / Academy of High Achievers Ltd any part of your travel arrangements is not provided as promised we will pay appropriate compensation if this has affected the quality or structure of your travel arrangements. We accept responsibility for the acts and/or omissions of our employees, agents and suppliers (except for claims for death, injury or illness – see below).
(b) Across The Divide accepts responsibility for death, injury or illness caused by negligent acts and/or omissions of us, our employees, agents, suppliers and sub-contractors whilst acting within the scope of, or in the course of their employment in the provision of any part of your travel arrangements in the itinerary, that we are contractually obliged to provide. We will, accordingly, pay to an affected participant such damages as might have been awarded in such circumstances under English law. However, damages are not payable where any failure to perform the contract is due neither to any fault on our part or a supplier of any part of your travel arrangements or is attributable to you, or unforeseen or unavoidable actions of a third party unconnected with the event or unusual and unforeseeable circumstances beyond our control or an event which could not have been foreseen even with the exercise of all due care.
(c) In respect of carriage by air, sea and rail and the provision of accommodation, the amount of compensation Across The Divide may be obliged to pay will be limited in the manner provided by the relevant International Convention. Carriage by air is subject to the carrier’s conditions of carriage. In particular drunkenness or rowdy behaviour may lead to the airline refusing carriage when alternative flights may have to be arranged at your own cost.
(d) Any arrangements you make independently which do not form part of the event are entirely at your own risk.

9. Flights
(a) Delays: Most flights will be arranged with scheduled airlines who will normally provide refreshment, food and accommodation where there is any substantial flight delay and where this is feasible to do. For the avoidance of doubt, Across the Divide Ltd will not arrange or pay for these facilities if there is a delay on the outward or homeward points of departure if not offered by the airline.
(b) Flight Changes: Airlines might have to change aircraft without prior advance warning. You must check carefully the departure and check in times on your documentation and ensure that you arrive at the airport with sufficient time to check in.

10. Passports and Visas and Health
You will be advised separately of any passports or visa requirements and any compulsory health requirements to enable you to participate in your travel arrangements. Please note that you will require a full British passport with at least 6 months unexpired at the date of return travel. For EC and other passport holders please contact the relevant Embassy, Consulate or British Foreign Office for the exact requirements. It is your responsibility to ensure you have the correct passport and visa to gain access to any country/region included in the event. It is also your responsibility to ensure you obtain the proper and detailed medical advice from your GP. Where you do not do so and as a result are either not allowed to enter any country or suffer personal injury or death, we have no liability to you for any cost loss or damage that you suffer.

11. Your Contractual Requirements
By signing the application form you agree to accept the authority and decisions of our employees, group leaders, agents and suppliers while on the event. The Expedition Leader may at any time during the course of the event terminate your participation if they consider it necessary for the health or safety of you or the group. If you commit an illegal act we shall cease to have responsibility to you or for you.

12. Stretch Development Ltd / Academy of High Achievers Ltd does not provide any element of the event, but acts so solely as the agent of Across The Divide for the purpose of administering participants’ booking of the event with Across The Divide. Stretch Development Ltd / Academy of High Achievers Ltd and Across The Divide do not act as partners in relation to any aspect of the event. In Across the Divide’s dealings with the participants or suppliers, Across the Divide is not an agent of Stretch Development Ltd / Academy of High Achievers Ltd for any purpose.