OPEN PARTNERSHIPS

CHOOSE A CHALLENGE GENERAL BOOKING TERMS

Choose a Challenge accepts bookings subject to these terms. This Agreement, entered into between Choose a Challenge (known and referred to as “the Organiser”) and the Charity, involves the arrangement and provision of Trips (also known and referred to as “Travel Packages” and “Charity Challenges”), to Participants who have agreed to fundraise in support of the Charity.

The role of the Organiser and the Charity are mutually exclusive, insofar as the Charity is contracted herein to deliver fundraising support to the Participant whereas the Organiser is responsible for all aspects of setting up and delivering the Travel Package.

Subject to a Participant meeting their fundraising obligations, the Charity agrees to pay the Organiser a “Balance Payment” to cover that Participant’s trip costs and in doing so secure their place on the Trip.

By confirming that they wish to be listed as a beneficiary charity on the Organiser’s website, the Charity confirms their acceptance of these booking terms.

These terms are formed between:

1) Choose a Challenge, a trading name of RW Travel & Events Ltd, a company incorporated under the Companies Acts in England and Wales (Registered Company Number 06709179) and having its registered office at 27 Old Gloucester Street, London, WC1N 3AX (“the Organiser”);

2) A registered charity that confirms that they wish to be listed as a beneficiary charity on the Organiser’s website. (“the charity”)

DEFINITIONS

1. “Participant”. This is the term used to describe the individual who registers to take part in the Trip with the Organiser. The Package Travel and Linked Travel Arrangements Regulations 2018 governs the Participant’s relationship with the Organiser.

2. “Registration Fee”. This is a fee representing a small proportion of the Trip cost, payable by the Participant to the Organiser at the point of registration. On some of our trips we offer Participants the option to split this over two instalments. For trips that include an optional extension package, a separate (smaller) fee is payable by the Participant should they wish to join this extended trip.

3. “Fundraising Target”. This represents an amount of twice that of the Balance Payment on any given trip and is set by the Organiser at this ratio for all trips. The Participant may adjust their Fundraising Target by opting to Flexi Fund (see Definition 5 below) whilst maintaining a minimum 50:50 ratio of Balance Payment to Fundraising Target. The Organiser communicates the Fundraising Target to the Participant at the point of registration and makes it clear that participation in the Trip is conditional on meeting the applicable Fundraising Target.

4. “Balance Payment”. This is the final payment made by the Participant to the Organiser to complete full payment of their trip costs. The Charity agrees to make this payment on behalf of any Participant who has met their Fundraising Target. The Balance Payment will always represent no more than 50% of the Participant’s Fundraising Target. If the participant has not met, or reasonably pledged to meet, their Fundraising Target then the Charity may decline to pay the Balance Payment for that participant by cancelling their place no later than 7-weeks prior to the departure date.

5. “Flexi-Fund”. This is an arrangement whereby a Participant is offered the opportunity to pay a proportion of their Balance Payment directly to the Organiser and this will reduce the Participant’s Fundraising Target and thus the Balance Payment due from the Charity. From the point of registration up until 10 weeks prior to the departure date, the Participant has the option to adjust their fundraising target, without penalty, by way of a written request to the Organiser. The fundraising due for each Participant is clearly shown on the Charity’s Registration Portal (see Definition 6 below) and the Fundraising Target will always represent a minimum of twice the amount of the Charity’s final invoice.

6. “Registration Portal”. This is the Organiser’s reservation system to which access is granted to any Charity who agrees to these terms and/or registers as either a peak, bespoke or open partner. On acceptance of this agreement a Charity will receive their login credentials and be able to view the booking details (including fundraising and travel options) for any participant registered to support their cause.

7. “Trip”. This is the term used to describe the packaged combination of ground arrangements, entry fees, guiding services and flights (where applicable), as laid out on the Organiser’s website. The Organiser recognises its duties and responsibilities as the Organiser of Trips as defined under the Package Travel and Linked Travel Arrangements Regulations 2018.

8. “Bespoke Trip”. This is a private Trip requested by the Charity whereby only Participants raising money for that specific Charity will be permitted to register.

9. “Open Trip”. This is a public Trip set-up by the Organiser whereby Participants are given the option to either self-fund or fundraise for a variety of charities.

10. “Trip Agreement”. A summary document produced by the Organiser when a Bespoke Trip (see Definition 8 above) is requested and, in addition to highlighting trip costs and key dates, lays out any specific terms agreed between the Charity and the Organiser relating to that Trip. Trip Agreements are also created by the Organiser for all Open Challenges and copies of these Trip Agreements are available from the Organiser on request.

11. “Itinerary”. The term used to describe the arrangements on the ground, usually provided ‘airport to airport’, in the destination country. This is clearly communicated to the Participant at the point of registration for the Trip. The itinerary is offered as an indication of what Participants may achieve and/or complete and is not a contractual obligation on behalf of the Organiser, either to the Charity or the Participant. The Organiser will always aim to deliver the exact itinerary as stipulated in the marketing materials however, factors beyond the Organiser’s control may occasionally force alterations to the itinerary at any stage and the Organiser reserves the right to do so.

PARTICIPANT TERMS

The Organiser requires all Participants to agree to its Terms and Conditions and Privacy Policy when registering to take part in a Trip. These Terms and Conditions are governed by the Package Travel and Linked Travel Arrangements Regulations 2018 and are available on request or via the Organiser’s website. The Charity acknowledges that these Terms and Conditions are designed to set out the responsibilities of the Organiser, the Participant and the Charity.

REGISTRATION NOTIFICATION

The Organiser will inform the Charity when a Participant registers for a Trip and opts to raise money for the Charity. The Charity may then login to the registration system to obtain necessary information about the Participant.

CHANGES TO THE TRAVEL PACKAGE

Participants are able to make changes and adjustments to their travel package and occasionally the Organiser needs to make changes to travel packages. Changes to the travel package do not involve the Charity and the process and terms around changes to the travel package are outlined in the Participant Terms and Conditions. The Charity will be informed if any changes are significant to the charity, for example a change that will affect the fundraising deadline date or a significant itinerary diversion such as a change in departure airport or a change in destination that the Charity would reasonably expect to be informed of.

The Organiser will not be liable to pay any compensation to the Charity in the event of any changes to the travel package. In the case of Bespoke Trips, any prepayments made by the Charity are nonrefundable in event of significant changes or cancellation by the Organiser due to factors beyond its control (see below).

EVENTS BEYOND OUR CONTROL

For the purposes of these General Booking Terms, “Events Beyond our Control” means any unforeseeable event, the consequences of which could not have been avoided even if all reasonable measures had been taken by ourselves or our suppliers. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as, epidemics, pandemics (including the ongoing impact of the COVID-19 pandemic), the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control. The Organiser will not be liable to pay compensation if its contractual obligations to Participants and/or Charities are affected by Events Beyond our Control. In the case of Bespoke Trips, any prepayments made by the Charity are non-refundable.

FOREIGN OFFICE ADVICE

Where the UK Foreign, Commonwealth and Development Office (FCDO) advises against “all” or “all but essential” travel to the main destination, if the Organiser determines that it is no longer able to run the Trip as scheduled, nor offer an alternative Itinerary of similar or greater value to the Participant, the Organiser will Cancel or postpone the Trip no later than 20 days prior to its scheduled departure date. Indefinite advice against travel will continue to be monitored and reviewed by the Organiser, but in the absence of an end date being specified by the FCDO a final determination will be made by the Organiser within 42 days of the Trip’s scheduled departure date.

TRIP CANCELLATION / POSTPONEMENT

In the event that the Organiser is forced to Significantly Change or terminate a Trip (including for reasons detailed in the “Events Beyond Our Control” section above), it will inform Charities and Participants affected without undue delay and offer all Participants registered to travel a choice of the following options:-

(i) accepting the changed arrangements (any price changes may be passed on to either the Participant or their Charity); or

(ii) applying for a full refund of all monies paid to us toward their Trip costs (including Registration Fees); or

(iii) subject to availability, accepting a Deferral or Transfer to an alternative Trip (we will refund any price difference to the Participant if the alternative Trip is of a lower value).

In the case of Bespoke Trips, if the Charity wishes to cancel or postpone the Trip for any reason then they may request a revised quote from the Organiser for the Trip’s departure date to be changed, subject to paying the Organiser a fixed administration fee of £480 in addition to any price increase and 50% of the Registration Fees (including where applicable those paid in lieu of Extension Trips) for any Participants registered to travel who are unable to attend the new Trip date and decide to cancel their bookings. The option for charities to reschedule a Bespoke Trip will not be available within 10 weeks of its departure date.

CANCELLATIONS, TRANSFERS AND DEFERRALS

Participants reserve the right to cancel their booking at any time. Choose a Challenge does not charge a cancellation fee, however Registration Fees are generally non-refundable. Upon cancellation, all donations received on behalf of the Participant are pledged to the Charity. If cancellation occurs for any reason within 7 weeks of the departure date, the full Balance Payment for the Participant’s Trip Costs remains payable and/or non-refundable. Participants have the right to transfer their booking from one departure to another, or to defer their booking by a year. The Charity agrees to carry-over a Participants fundraising total towards their new Fundraising Target for the new departure date. Terms and conditions around transfers, deferrals and cancellations are covered in the Participant Terms and Conditions.

PRICING AND CHANGES

Trip prices set by the Organiser are based on a minimum number of 12 Participants. If less than 12 participants have registered when the registration portal closes the Organiser will normally cancel the Trip and offer Participants registered to travel the option to Defer or Transfer to an alternative Trip without penalty, subject to availability. If no alternative Trip is available that a Participant is willing to transfer onto, that Participant will be eligible to request a full refund of all monies they paid to us toward their Trip costs.

In the event of a Bespoke Trip not meeting 12 Participants by the Registration Portal closing date (as specified on the Trip Agreement), the Organiser will normally cancel the Trip. However, the Charity may be offered to continue to run the Trip based on a revised quote with a revised, higher deposit schedule. If less than 12 Participants are confirmed on a Bespoke Trip 7 weeks before its departure date then the Organiser may, at its discretion, levy an undersized group surcharge directly to the Participant. In such circumstances, the Participant must pay this surcharge as long as it represents no more than 8% of the overall Trip cost, in which case the Participant may decline to pay the surcharge, cancel their place on the Trip and request a full refund of all monies they paid to the Organiser toward their Trip costs. The Charity will be offered the opportunity to pay the surcharge on behalf of the Participant.

Price changes are rare and typically a result of supplier-imposed conditions over which the Organiser has little or no control. In very rare circumstances the Organiser may need to increase the Balance Payment after the Pricing of a Trip has been set and/or agreed. Examples of such factors include, but are not limited to, national park fee increases, flight tax increases, surcharges levied upon us, fluctuations in the exchange rate, and levies and taxes that using all normal good practice the Organiser was unable to foresee. In these instances, the Organiser will notify the Charity as soon as possible if there is any change to the Participant’s Balance Payment. The Organiser will absorb the first 2% of any increased costs and pass the additional cost onto the Participant directly as a surcharge. The Charity will be given the option to pay for any additional increase on behalf of the Participant. Price changes will not be applied within 20 days of the Trip departure date. If there is an increase in the cost of the Trip for the reasons outlined above of more than 8%, and the additional cost has been passed on to the Participant directly, the Participant has the right to Cancel their booking and receive a full refund of all monies paid to the Organiser in lieu of their Trip costs. The Organiser will inform both Participant and Charity of any surcharge in writing and if the Participant wishes to Cancel their booking then the Participant must do so by submitting a written request to the Organiser within seven (7) days of receiving the Organiser’s notice.

APPROVALS AND INVOICING

This is set for all Trips at 7 weeks prior to the departure date. If a Participant fails to reasonably meet their fundraising obligations, or cancels for any other reason, then the Charity may decline to pay the Balance Payment for that Participant with no penalty before this date. The Charity must login to its Registration Portal to confirm which Participants it wishes to pay the Balance Payment for and which Participants it wishes to cancel free of charge. The one-week window for approving Participants’ places begins at 8 weeks before departure and ends at 12pm (midday) at 7 weeks before departure. These dates are highlighted on the respective Trip Agreement, a copy of which is always available from the Organiser on request. Any Participants that have not been confirmed by this point will be automatically cancelled. The Balance Payment invoice that is subsequently produced must be paid to the Organiser by the Charity within 10-working days of the date on the invoice. Any late payments will be subject to a 5% surcharge and interest (charged at 4% over the Bank of England’s Base Rate). Any cancellations within 7 weeks of the Trip departure date are 100% non-refundable and not transferable. Once the final invoice is raised at 7 weeks before a Trip’s departure date, Balance Payments remain fully payable to the Organiser within the agreed timeframe in all circumstances (including in such circumstances that the Organiser is forced to cancel or postpone the Trip within 7 weeks of departure due to Events Beyond Our Control, as defined earlier in this Agreement). The Organiser is licensed to hold balance payments under its Air Travel Organiser’s Licence (ATOL) to ensure that all funds constituting a Participant’s balance payment are fully protected and guaranteed.

REINSTATEMENT

Participants that were not approved to travel by the Charity at 7 weeks before departure and subsequently cancelled by us may be reinstated onto the same Trip within 7-weeks of its departure, subject to both availability and an administration fee of £150 plus any third party supplier costs incurred by us.

FUNDRAISING SUPPORT

The Charity agrees to offer each of its registered Participants the appropriate level of support to assist them in reaching their Fundraising Target.

The Charity agrees to follow and abide by the fundraising rules and regulations as outlined in the Code of Fundraising Practice, and ensure that each of its supporters recognises the importance of behaving in accordance with the principles of responsible fundraising.

The Charity agrees to send the Organiser a final fundraising total in respect of all confirmed and cancelled Participants within 14days of the Trip departure date.

MARKETING

Where required in order to support the Trip and to fulfil the terms of this Agreement, the Charity grants the Organiser a royalty-free, non-exclusive and non-transferable right to use their respective name and logo in the UK solely to the extent that it is necessary in order to comply with this Agreement. The Charity may use the Organiser’s name and logo only having secured prior written approval.

Neither party shall do, or cause to be done, anything which, in the reasonable opinion of the other party, may in any way:

(i) damage, jeopardise or otherwise prejudice the goodwill or reputation of the affected party; or

(ii) adversely affect the reputation, name or image of the affected party; or

(iii) bring the affected party into disrepute or disregard anywhere in the world.

The Organiser agrees to use the Charity’s branding and/or logos in accordance with the Charity’s branding guidelines.

From time to time the Organiser may levy a marketing fee for recruiting participants in aid of the Charity. The Charity will be asked in advance if it would like to take part in these promoted Trips and will have the right to not be included on these promoted Trips.

LEGAL COMPLIANCE AND DATA PROTECTION

1. The Organiser and the Charity agree to comply at all times with the Data Protection Act 2018 and the General Data Protection Regulations (Regulation EU 2016/679) and all other relevant legislation and regulations in relation to this Agreement.

2. The Organiser receives consent from the Participant at the point of registration to process their data and the way in which the organiser deals with a Participant’s data can be viewed in our Privacy Policy which is published on the Choose a Challenge website.

3. In order that the Charity may be able to promote a Trip, the Organiser hereby appoints the Charity as the Organiser’s collection agent for the following purposes:

(i) Advertising the Trip for the benefit of the Charity; and

(ii) Accepting donations from Participants, part of which may be used by the Charity to pay the balance of any fees due by a Participant for the Trip.

4. The Charity may retain all money raised by the Participant as donations to the Charity, other than the Balance Payment due to the Organiser.

5. The Charity and the Organiser agree to conform to the Air Travel Organiser’s License (ATOL) Regulation 22. This is a statutory obligation and the Organiser agrees to provide all necessary and relevant documentation as required by ATOL Regulation 22 to the Charity where necessary. The purpose of this is to ensure that the Charity complies with ATOL regulations in that prospective Participants should be aware that all Trips are ATOL-protected. The Organiser shall maintain a full ATOL for the duration of this Agreement, through which the Organiser is the party dutifully and legally responsible for the holding of Balance Payments in respect of any flights-inclusive Trips sold. Trips provided by the Organiser which don’t include flights are fully protected by a bond currently held by Hiscox Insurance Company Limited, c/o Travel & General Insurance Services Limited, 117 Houndsditch, London, EC3A 7BT. The Organiser may alter the bond provider without any update to these terms.

6. Authorisation is between the Organiser and the Charity and is intended to assist the Charity to comply with the legal requirements while entering into the arrangements with the Organiser. This Authorisation also confirms to the Charity that the Organiser does comply with the Package Travel and Linked Travel Arrangements Regulations 2018, the Civil Aviation Authority (Air Travel Organiser’s Licence) Regulations 2012 and the requirements of the Charities Acts 1994, 2004 and 2016 insofar as they relate to this type of Trip.

7. The Authorisation enables the Charity to avoid having to comply with the ATOL Regulations, which require anyone accepting payment for air seats or air-based packages to be either an ATOL holder or their agent and avoid any risk to the Charity whilst advertising for or receiving donations for the Trip. The parties agree that the Charity is not advertising itself as an entity who may make available flight accommodation, nor able or required to bind the Organiser to any contract for flight accommodation, but is merely the collection agent for the Organiser for sums owed to the Organiser by the Participant in relation to the Trip costs.

8. Participant Terms and Conditions, to which all Participants agree when they register for a Trip, are published on the Organiser’s main website, www.chooseachallenge.com. The Organiser will notify the Charity of any changes to the Participant Terms and Conditions that could reasonably be expected to have a material effect on the obligations of either party towards each other or the Participant.

9. The Organiser will maintain in full force for the duration of this Agreement such insurance as is required by law and in accordance with good practice within the travel industry to cover all Events, Participants in all Events and those who might reasonably be expected to be affected by Events, including:

(i) public liability insurance with a reputable insurance company to a level that is, or is above that which is, standard and customary;

(ii) employer’s liability insurance; and

(iii) within 7 days of any request made in writing by Charity, produce evidence of the nature, scope and extent of the insurance cover referred to in this clause above.

10. This Agreement shall be governed by and construed in all respects in accordance with the laws of England and the parties submit themselves to the exclusive jurisdiction of the English courts.

11. Nothing in this Agreement is intended to or shall operate to create a partnership or joint venture of any kind between the parties and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power) except as otherwise provided in this Agreement.

12. No term of this Agreement shall be enforceable by a third party (being any person, Participant(s) other than the parties and their permitted successors and assigns).

VARIATION OF TERMS

The Organiser reserves the right to vary these terms from time to time. If the Organiser intends to materially vary these terms the Organiser will notify the Charity in writing of their intention to vary the terms. The Organiser will open a 30-day consultation period whereby the Charity will have an opportunity to respond to and comment on the proposed variations, as will other key stakeholders as determined by the Organiser. Once the consultation period has concluded the Organiser will formally update the Charity in writing as to the new terms. The Charity will be deemed to have accepted the new terms unless it formally contacts the Organiser within 30-days of the formal update, with notification of its intention to withdraw from this Agreement. Under such circumstances deferrals will no longer be available to new Participants who have opted to raise money for the Charity, however Participants that have already chosen to Transfer or Defer will have their new bookings honoured.

TERMINATION

Either the Charity or the Organiser may terminate this Agreement in writing with immediate effect if either party is:

(i) found to be dishonest including but not limited to found to be in contravention of the Equality Act 2010, Bribery Act 2010, Modern Slavery Act 2015 by a court of competent jurisdiction); or

(ii) in breach of any clause in this Agreement that has not been remedied within 14 days of written notification by the other party or such breach is incapable of remedy; or

(iii) if in the reasonable opinion of that party the continuation of this Agreement is likely to cause significant damage to the reputation of that party or bring the parties into disrepute.

In event of termination of this Agreement, both parties agree to continue to conform to their legal obligations under the Data Protection Legislation and the Organiser agrees to continue to conform to its obligations under the Package Travel and Linked Travel Arrangements Regulations 2018.

In event of termination of this Agreement, both parties agree to continue to conform to their legal obligations. If this Agreement is terminated the Charity is still bound by the exclusivity clause contained in this Agreement for a period of 3-years. In event of termination the Charity agrees to:

(i) Continue to provide Fundraising Support to any Participant’s that are deferred or transferred.

(ii) Pay the Balance Payment for all Participants who have met their Fundraising obligations.

CONFIDENTIALITY

The terms and conditions of this Agreement are solely for the intended usage of outlining the relationship between the Organiser and the Charity. All clauses in this Agreement are deemed confidential and should not be disclosed to any other third party under any circumstances, other than what is deemed necessary in order to carry out this Agreement.