Our Terms and Conditions

This is an important document. We have attempted to state the terms of this Agreement in a clear and concise manner, but if there is anything the client does not understand or wishes to have explained, the client should seek independent advice from a lawyer, Citizens Advice Bureau, Law Centre or other agency.

Agreement for participation on a Yomps trip:

1.Interpretation
1.1In this Agreement:

The term "Trip" means any expedition, project, course, trip, or other activity anywhere throughout the world, arranged by Yomps from time to time;
The term "Trip Leaders" means the leader(s) on the allocated trip, to whom the client must report and whose rules the client must abide by;
The term "Service" means the services, as set out in clause 2 below, to be provided by Yomps to the client.
1.2The headings in this Agreement are for convenience only and should not affect their interpretation.
2.The Service Provided
2.1Yomps shall provide the Service described below to the client, subject to the terms of this Agreement.
2.2Yomps reserves the right to refuse to offer the Service to anyone for any reason.
2.3The Service shall consist of: -
2.3.1organising and setting up a trip, Expedition and/or other course(s) as agreed upon between Yomps and the client in writing;
2.3.2arranging full pre-departure briefings through open days, Yomps field representatives, online the Yomps website www.yomps.co.uk or on the telephone. An Trip guidebook shall also be provided to clients;
2.3.3arranging suitable accommodation and food (where applicable) during the period of the client's involvement in the trip.Yomps shall, in most cases, arrange for transfers to and from the airport in the chosen country. However, this cannot be guaranteed, and clients may in some cases have to make their own arrangements. Details of whether transfers are included are set out in the trip guidebook;
2.3.4arranging Trip Leaders to lead and manage trips where required;
2.3.5arranging the provision of trip equipment, training and training materials relevant to the trip, where applicable;
2.3.6providing and maintaining a full international support structure and providing a 24 hour emergency phone line in the UK ; and
2.3.7Providing international travel assistance and advice.
3.The Clients Obligations
3.1By participating in a Yomps trip the client accepts that he / she will be subjected to various physical and emotional demands. Clients are aware and accept that the standard of living, including food, hygiene and accommodation in the relevant country may be below the general standards of their own country.
3.2The client is responsible for his/her own travel arrangements, expenses and insurance during the trip. Yomps strongly recommends that clients secure travel and medical insurance to protect themselves against losses caused by travel arrangement cancellation, loss or damage of baggage, non-refundable airfare and/or emergency medical expenses. In the event that Yomps advances any monies to or on behalf of the client, the client shall reimburse such monies to Yomps immediately upon conclusion of the trip.
3.3The client represents and warrants that all information and records provided to Yomps relating to the client, the clients medical history and the clients medical statement are accurate and truthful and provide Yomps with a clear indication of the Yomps state of health.
3.4The client understands that he/she is under a duty to inform Yomps in advance of the trip of any medication requirements, any allergies and any other physical or mental condition or limitation that might disable or render the client unable to perform or safely complete the trip. Client is the best judge of his/her own condition and limitations, and client acknowledges that it is incumbent on him/her to fully disclose the extent of any conditions or limitations. Client represents, warrants and affirms that he/she has discussed this trip, its remote location, potential risks and physical and mental demands with his/her personal physician, and that client is physically and emotionally fit and able to undertake this trip. Client agrees to notify Yomps of any changes in his/her physical and medical condition occurring after the clients signing of this Agreement. Yomps shall not in any event be held liable for any consequence arising out of the clients failure to take advice or medication as prescribed by a medical practitioner both prior to departure and during the trip. Yomps reserves the right to reject applicants who require special medical care. Yomps also reserves the right to reject a booking on the grounds of the doctor's comments on the medical form. Client acknowledges and agrees that Yomps reserves the right to accept or reject any person as a client at any time, or to require a client to withdraw from an trip at any time if it is determined in an Trip Leaders sole discretion that it is the best interest of the clients health and safety, and/or in the best interest of the trip in general.
3.5The client agrees to take personal responsibility for insuring the clients own personal effects and Yomps cannot be held liable for any loss or damage of personal effects.
3.6The client is responsible for ensuring that he / she has a valid passport, any necessary visa, permits and vaccinations and has obtained and supplied all relevant valid documentation for the trip in terms of travel documents and medical documents.
3.7Yomps cannot be held responsible for a country's decision to refuse entry, exit or the right of passage (national and local laws governing immigration). All clients must ensure that they contact the relevant Embassy to acquire the relevant Visa or Tourist Permit prior to commencing the trip.
3.8The client shall comply with all relevant laws, regulations and customs of the countries visited on trip. In the event of a contravention of these laws, the Trip Leader or Yomps shall have the right to require the client to leave the trip and no liability on the part of Yomps shall arise whatsoever.
3.9The client will at all times respect and follow local laws and culture of the host country and behave in a responsible and courteous manner. Each client has a duty of care to each other, to local people, to host country nationals participating in the trip and to Yomps. Client shall follow the reasonable instructions of the Trip Leaders during the trip.
3.10As representatives of Yomps within the host country, the client must respect Yomps's aims and objectives and not wilfully or recklessly seek to damage relations between Yomps, the trip and/or the host country. The client must not misrepresent Yomps in any way which would seek to undermine or damage relations between Yomps and the host country.
3.11The client shall at all times respect and follow the health and safety procedures as set out by Yomps, the Trip leaders and/or the representative in the host country.
4.Charges
4.1Subject to any special terms agreed, the client must pay Yomps standard charge as explained in the "Trip Costs and Dates" section as published on Yomps's website www.yomps.co.uk. Please note that costs shown within Yomps's brochure are subject to change and as such all final payments shall be displayed on Yomps's website. The published prices on Yomps's website are valid for 30 days only and clients are advised to check the site regularly for the most recent prices and up to date information. Once a client has confirmed their booking and paid the deposit, they shall pay the remaining sum which was the published price as at the time of booking.
4.2The non-refundable deposit payment of £250.00 (US$500 / 375 Euros) shall be payable by the client to Yomps immediately upon receipt of the confirmation of booking.
4.3The outstanding balance must be paid by the client no later than 12 weeks prior to departure. If, for any reason, the client does not make full payment by this date, then Yomps reserves the right to offer the clients trip to someone else, without any refund to the client. The total payment (ie. the deposit and remaining sum paid) shall become non-refundable 12 weeks prior to the trip start date. Failure to timely pay the outstanding balance will result in the client's trip being cancelled, without liability on the part of Yomps.
5.Warranties, Liabilities and Assumption of Risk
5.1Yomps warrants to the client that the Service will be provided using reasonable care and skill and, as far as is reasonably possible, in accordance with the description of the Service.
5.2Any information provided by Yomps, including but not limited to information about visas, vaccinations, healthcare, climate, baggage, group sizes and special equipment is given in good faith for information and educational purposes only but without responsibility on the part of Yomps.
5.3Except in respect of death or personal injury caused by Yomps's gross negligence, Yomps's responsibility for any representation (unless fraudulent), or any other act or omission shall not exceed the amount of Yomps's charges as set out in Clause 4.1 for the provision of the Service. Any liability by Yomps and/or its employees and/or its agents is limited to the amount that will be paid out in such a case by the Tour Operators Combined Liability Insurance policy (the "Policies") which have been concluded in the name of Yomps. If no compensation is received from the Policies, then any and all liability whatsoever, including without limitation, claims grounded in negligence, is hereby limited to a maximum amount of €2,000.00.
5.4In particular Yomps shall have no responsibility for any activities undertaken by the client outside the scope of those directly relating to the trip. No warranty is given in respect of any activities outside the scope of those relating to the trip and it is the client's responsibility to ensure that any person or company offering any activities possesses the requisite care and skill. The term "outside of scope" as used in this clause shall mean any and all actions or activities undertaken by client that were not arranged or procured by Yomps, its employees or agents.
5.5Client understands that certain risks may arise, including, but not limited to, hazards of travelling in remote areas; travel by automobile, van, bus, plain, train or any other means of conveyance; the forces of nature; civil disturbances; national or international conflicts; terrorism; arbitrary itinerary changes made by foreign governments or vendors; accident or illness in remote locations without immediate evacuation or medical facilities; or negligent acts of third parties. Client hereby asserts that he/she knows, understands and appreciates these and other risks inherent in the trip and asserts that his/her participation is completely voluntary and assumes all risk associated with the trip and will hold Yomps and its agents and employees harmless from and indemnify them for any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney's fees, which may arise in connection with client's participation in this trip or any activities arranged by or for the client by Yomps, its agents or employees. The client further expressly agrees that the foregoing waiver and assumption of risks is intended to be as broad and inclusive as is permitted by applicable law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. The terms of this agreement shall further extend to client's heirs, personals representatives, successors and assigns.
5.6The warranty contained in this section is the sole and exclusive warranty as to the Service provided hereunder, and shall supersede any express or implied warranties, in fact or law, including, without limitation, warranties of merchantability or fitness for a particular purpose and Yomps will not be liable under any circumstances with respect to any subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory for any incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or loss of profits or lost business), even if Yomps has been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in this agreement, in no event will Yomps's cumulative liability to client arising out of or relating to this agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory exceed the total charges, as set out in clause 4.1, actually paid under this agreement.
6.Complaints
6.1If the client wishes to make a complaint in relation to the trip, he/she shall bring the complaint to the attention of the Trip Leader or the representative in the host country, who shall use his/her reasonable efforts to resolve the complaint within a reasonable time.
6.2If the Trip Leader or the representative in the host country is unable to resolve a serious complaint, and the client leaves the trip before the completion date, the client shall provide the Trip Leader or the representative in the host country with a written version of events prior to clients's departure.
6.3No compensation shall be given to the client, unless there are extreme circumstances, which shall be determined at the sole discretion of Yomps. The client agrees that under no circumstances shall Yomps be liable for damages or compensation arising from any claim related to the assessment of inconvenience, disappointment, discomfort or loss of enjoyment.
7.Physical and Intellectual Property
7.1All equipment and resources provided by Yomps both prior to and throughout the duration of the Trip (including teaching manuals) remain the property of Yomps and must be returned on completion of the trip.
7.2The client shall replace any property that is lost or damaged through his/her careless or otherwise negligent behaviour.
7.3All research, data, reports, photographs and documentation relating to the trip and Yomps projects provided by Yomps, shall remain the property of Yomps without compensation or further recourse to the client. Yomps retains the rights over the use and dissemination of such materials for its commercial and promotional purposes, including, but not limited to, the posting of any photographs containing an image of the client while on the Trip on its website, brochures, or other marketing, promotional or informational medium.
8.Data Protection
8.1It may be necessary for Yomps to pass data about the client to countries outside of the European Economic Area (EEA) from time to time. The client hereby agrees that Yomps may disclose his/her personal data, including any sensitive personal data such as relevant medical history, to the Trip Leaders and any other representatives in the host countries.
9.Termination and Expulsion
9.1Yomps reserves the right to deny from participating in or otherwise to expel from the trip any client who is in breach of any term of this Agreement.
9.2Without prejudice to the generality of clause 9.1 above the following will result in automatic expulsion :
9.2.1Possession / taking / supplying illegal or illicit substances. The question of whether the substances are illegal or illicit is to be governed by the jurisdiction of the state where the acts take place;
9.2.2Displaying cruel, thoughtless or rude behaviour or committing acts which could injure or harm a member of the trip (including a staff member), or any other person;
9.2.3Disobeying Yomps's, the Trip Leader's or the representative in the host country's instructions in relation to health and safety;
9.2.4Committing an act or displaying behaviour which could jeopardise future Yomps trips within the host country or lead to the souring of relations between Yomps and the host communities or country; and
9.2.5Breaking local laws.
9.3Expulsion will be carried out by the Trip Leader at Yomps's own discretion and is not subject to appeal.
9.4In all such cases the client will not be entitled to any reimbursement from Yomps, nor will Yomps be responsible for any additional costs incurred by the client as a result of expulsion.
10Currency of Agreement and Cancellation
10.1The client will be entitled to cancel this Agreement at any time up until 12 weeks before departure. In the event of timely cancellation, the client shall not be entitled to a refund of the deposit, but will be entitled to a refund of any other monies paid.
10.2The client will be allowed to transfer his/her trip at any time up until 12 weeks before departure. In the event of a transfer, a transfer fee of £150 (US$280 / 225 Euros) shall be paid to Yomps. Date changes for the same trip are not subject to charges if made at least 12 weeks prior to departure. One date change only will be permitted and date of travel must be confirmed within 2 weeks of notification of transfer. Any change of placement shall be at Yomps's discretion. There will be no refund if the client transfers to a trip which is less expensive than the one originally booked.
10.3Yomps reserves the right to cancel or curtail the trip if, in its sole discretion, it believes that circumstances warrant it. This shall include cancellation because of Force Majure (as described below). In the event of cancellation of the trip, the client shall be entitled to any monies paid less any irrecoverable expenditure on the part of Yomps which has already been spent in relation to the preparation of the trip.
10.4If Yomps cancels the trip, the client will be entitled to a refund:
10.4.1In the case of cancellation by Yomps before departure, whether within or beyond Yomps's control, the client shall be entitled to their deposit and any monies paid less £100 to cover Yomps's costs, and less any other irrecoverable expenditure on the part of Yomps which has already been spent. Yomps shall not be held liable for any incidental expenses incurred by the client as a result of any other arrangements that the client may have made; and
10.4.2In the case of curtailment, the client shall be entitled to a reasonable proportion of the total charge from which any irrecoverable expenditure is deducted.
10.5In all of the above cases where there is a cancellation, Yomps's first recourse shall be to place the client on an alternative trip. Yomps shall use reasonable efforts to match any alternative trip in accordance with the client's preferences.
10.6In all of the above cases, either party shall give written notice to the other of cancellation, and any refund or alternative placement given to the client shall be considered to be in full and final settlement of all and any liability owed by Yomps to the client.
11Force Majeure
11.1Not withstanding any other provision of this Agreement, Yomps shall not be deemed to be in breach of this Agreement or otherwise be liable for any delay in performance or non-performance of any of its obligations under this Agreement to the extent that the delay or non-performance is due to any circumstances beyond its reasonable control, including but not limited to Acts of God, war, acts of terrorism, riot or civil commotion, fire, strike and government or other official intervention.
12General
12.1This Agreement constitutes the entire Agreement between the parties and shall apply to all trips and/or other courses provided by Yomps and undertaken by the client. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions of this Agreement.
12.2Any notice required or permitted to be given by one party to this Agreement to the other shall be in writing addressed to that other party: in the case of Yomps, its registered office or principal place of business, in the client's case to the client's address as stated in this Agreement or being given to the client in person or by delivery to the client's last known place of residence outside the jurisdiction of the UK
12.3No waiver by either party of any breach of contract by the other shall be considered as constituting the waiver of any subsequent breach of contract or any other provision of this Agreement.
12.4A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from the Act.
12.5English Law shall apply to this Agreement and the parties agree to submit to the exclusive jurisdiction of the English Courts.

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