TERMS & CONDITIONS
Introduction
Traveling with OVEREX requires collaboration and adherence to certain principles akin to those observed when traveling with friends. Our comprehensive terms and conditions are designed to underscore that participation in an OVEREX expedition involves a significant degree of personal responsibility.
Travelers must recognize that joining a group trip, motorcycle journey, off-road expedition, or even a solo adventure entails encountering unforeseen challenges. These can include inclement weather, political instability, health issues, wildlife encounters, or physical impairments affecting fellow travelers (or yourself), which may necessitate alterations to the travel plan or, in extreme cases, cancellation of the tour.
Adventure travel inherently involves risks and uncertainties due to external factors and individual behavior. Through this preface, we aim to clearly communicate that embarking on an OVEREX expedition entails facing these challenges head-on. Participants should be prepared to engage in shared responsibilities such as meal preparation, vehicle maintenance, and other tasks essential to the journey.
Our philosophy emphasizes quality over quantity, which means that the details of the tour may serve as a guideline rather than a fixed itinerary. The tour guide may make adjustments to ensure a safe and enjoyable experience for all participants. As travelers, we are guests in the countries we visit and are committed to respecting local customs, traditions, and practices while providing an active and immersive holiday experience.
Luxury and comfort are not the primary focus of our expeditions. Instead, we offer authentic experiences with local cultures, nature and environments reflected in our motto ¨MAKE LIFE AN ADVENTURE¨
We encourage you to review our general terms and conditions, which complement the legal provisions outlined in the Package Travel and Linked Travel Arrangements Regulations 2018 (PTR 2018) and, when agreed upon, form part of the package travel contract between you and OVEREX. Please read these terms carefully. Should you have any questions, we are available to provide further clarification.
In accordance with UK law, travel organizers that offer package travel, including UK domestic travel packages without a flight component, must have insolvency protection in place as required by The Package Travel and Linked Travel Arrangements Regulations 2018 (the “2018 PTRs”).
Contract Details
Your contract is with Infinite Outdoor Products Ltd., trading as "OVEREX - Overland Expeditions" (referred to as "OVEREX" or "we"). We are a company registered in England and Wales (Company No. 15826688, VAT No. 12345678), with our office located at 7 Percival Close, Cardiff, CF14 9AY, United Kingdom.
Deposit and Refund Policy
A deposit of £300 is required at the time of booking or in the case of Antarctica Expeditions, 20% of the tour value. This deposit is non-refundable, except in the event that OVEREX is unable to provide a place on the tour or if you cancel within 14 days of the initial booking date. Once the deposit has been received, OVEREX guarantees that the tour price will not increase.
Booking and Transfer Policy
Bookings are made in the name of the client and are non-transferable to another individual. You may transfer your deposit once to a future tour; however, a further non-refundable deposit of £300 will be required for any subsequent bookings. Please be aware that if a transfer occurs and the tour price has increased, you will be required to pay the current tour price at the time of the final payment.
Payment Schedule and Refund Policy
Eight months prior to departure, a payment covering 50% of the total tour price is required to secure your booking. This payment is non-refundable unless OVEREX is unable to provide the tour. The remaining 50% of the tour price must be paid in full at least four months before the tour start date, at which point the tour will be confirmed. Once the tour is confirmed, no refunds will be issued for any payments made. If the full payment is not received at least four months prior to departure, OVEREX reserves the right to consider the booking canceled, and all monies paid will be forfeited. For bookings made within 4 to 8 months prior to departure, a non-refundable deposit of 50% of the total tour price is required upon booking. For bookings made within 4 months of departure, the full non-refundable tour payment is required at the time of booking.
Cancellation Policy
Cancellation of a booking must be notified in writing to OVEREX. Upon receipt of your cancellation, any monies paid will be forfeited. You acknowledge that the payment for the tour is essential to the tour’s income, covering costs such as equipment, vehicle maintenance, staff administration, travel permits, and other expenses. OVEREX incurs a significant portion of these costs before the tour departure date. No refunds will be issued once the tour has been confirmed to run, which typically occurs no later than four months prior to departure. However, you may transfer all monies paid to a future tour. For subsequent bookings, a non-refundable deposit of £300 will be required. Please note that if there is a price increase for the new tour, you will be responsible for paying the current tour price at the time of the final payment. We recommend purchasing travel insurance upon making your final tour balance payment, which is due four months before departure. This insurance may cover you in the event of a cancellation. If the reason for your cancellation is covered by your insurance policy, you may be able to reclaim these costs. It is your sole responsibility to manage any claims with your insurance provider, and OVEREX accepts no liability for any actions or omissions of your insurance company.
Tour Changes and Cancellations
While we strive to ensure that your tour proceeds as planned, occasional changes may be necessary. We reserve the right to make alterations to your tour at any time, though such changes are usually minor. We will inform you of any modifications as soon as possible. We also reserve the right to cancel your tour under certain circumstances. For instance, if the minimum number of participants required for a tour is not met, we may need to cancel it. However, we will not cancel your tour less than four months before the departure date, except in cases of Force Majeure. If we must cancel your tour, you will have the option of either receiving a full refund of all monies paid within 14 working days of the cancellation or accepting an alternative tour of comparable standard, if available. If the alternative tour is of lesser value, we will refund the price difference. Please note that in the event of a tour cancellation, only the payments made towards the tour cost will be refunded. OVEREX is not responsible for reimbursing expenses such as equipment, flights, visa costs, vaccinations, or medications purchased independently. We strongly recommend obtaining suitable travel insurance to cover such expenses. Any claims related to these costs must be managed directly with your insurance provider, and OVEREX accepts no liability for any actions or omissions of your insurance company.
Force Majeure
In the unlikely event that a Force Majeure situation requires us to cancel the tour within four months of the planned departure date due to unusual or unforeseeable circumstances beyond our control, you will have the option to either receive a full refund of all monies paid within 14 working days of the cancellation or accept an alternative tour of comparable standard, if available. If the alternative tour is of lesser value, we will refund the price difference. Should a Force Majeure situation arise while the tour is underway, necessitating changes or cancellation, we will not be able to provide a refund or compensation. Therefore, we strongly recommend that you secure suitable travel insurance. If the reason for the tour's cancellation or changes is covered by your insurance policy, you may be able to reclaim these costs. It is your sole responsibility to manage any insurance claims, and OVEREX accepts no liability for any actions or omissions by your insurance company. Force Majeure situations may include, but are not limited to, war, riots, industrial disputes, terrorist activities and their consequences, natural or nuclear disasters, fires, epidemics, pandemics, health risks, closed or congested airports, ports, or stations, poor local infrastructure, changes due to rescheduling or cancellation of transport by airlines or other carriers, adverse weather conditions (actual or threatened), avalanches, technical failures with transport, or travel advisories from the Foreign & Commonwealth Office advising against travel to the tour destination.
Voluntary Departure
If you choose to leave the tour for any reason once it is underway, you will not be entitled to any compensation from OVEREX, including refunds of the tour payment or local payments. We strongly recommend securing suitable travel insurance. If your departure reason is covered by your insurance policy, you may be able to reclaim these costs. It is your sole responsibility to handle any insurance claims, and OVEREX accepts no liability for any actions or omissions by your insurance company.
Accuracy of Information
The website and brochure are prepared several months in advance of the trips, and while we strive to ensure complete accuracy, changes to prices or details may occur after the brochure and website have been published. We will inform you of any known changes to the trip before you enter into a contract with us. Please note that all information provided on the website and in the brochure is for informational purposes only.
Third Party Rights and Authority
A person who is not a party to the contract or these Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the contract or these Conditions. This does not affect any rights or remedies available to third parties outside of this Act. Only a company director or sales manager has the authority to vary or waive any of these Conditions or to promise any discount or refund.
Special Requests
If you have any special requests, please inform us at least four weeks prior to departure. We will communicate your requirements to the relevant supplier, but we cannot guarantee that these requests will be fulfilled. If you or any member of your party has a medical condition or disability, you must notify us before confirming your booking. This allows us to assess the suitability of the arrangements, address health and safety considerations, and determine any reasonable adjustments that may be required. Please note that special arrangements may incur additional charges. While we will make reasonable efforts to accommodate your needs, we cannot be held responsible if it is not possible to fulfill them or for any denial of services by air carriers, hotels, or other independent suppliers.
Compliance and Documentation
You are responsible for complying with all laws and regulations applicable in the countries visited during the tour, including those related to health, immigration, currency exchange, dress code, and any other relevant matters. You must ensure that you have a valid passport with sufficient blank pages for the tour and meet specific passport and visa requirements. It is your responsibility to verify these requirements with the relevant embassies or consulates. OVEREX accepts no responsibility and will not be liable if you are unable to travel or participate in any part of the tour due to non-compliance with passport, visa, or immigration requirements. You are required to obtain and have available all necessary documents, including a current passport with sufficient blank pages and valid for at least nine months beyond the last day of the tour, as well as visas for all periods, countries, and territories included in the tour. You must also comply with all local legislation and regulations, including immigration, customs, and currency exchange rules. You shall indemnify us against any loss or expense incurred as a result of your failure to meet these requirements. We cannot guarantee visa prices or availability, and obtaining visas is ultimately your responsibility.
Deviation from Tour Route
OVEREX reserves the right to deviate from the advertised tour route if, in our reasonable opinion, such deviation is necessary for the safety or well-being of any member of the tour or for the satisfactory progress of the tour. Should it become necessary to fly over one or more countries to ensure the safe and satisfactory continuation of the tour, you will be responsible for covering all associated flight costs.
Responsibility and Travel Insurance
OVEREX accepts no responsibility for issues arising from political disputes, border closures, epidemics, pandemics, natural disasters, climate conditions, armed robbery, terrorism, or similar events. In the event that a tour must be abandoned due to such circumstances, OVEREX will retain all monies paid. We strongly recommend obtaining suitable travel insurance. If your insurance policy covers the reason for the cancellation, you may be able to reclaim these charges. It is your sole responsibility to handle any insurance claims, and OVEREX accepts no liability for any actions or omissions by your insurance company.
Personal Risk and Safety
You acknowledge that due to the nature of the countries visited, all tours involve inherent personal risk and may be hazardous and unpredictable. In many destinations, the basic infrastructure, such as roads, is often substandard compared to that of many Western countries. Factors such as lack of road markings or warning signs, unmarked speed bumps, seasonal flooding, and poorly maintained and driven local vehicles are beyond the control of OVEREX. You accept that driving off-road in certain areas involves personal risk, as expedition vehicles may encounter rough terrain. Your participation in the tour is undertaken at your own risk, and your decision to join the tour does not form part of your contract with OVEREX. We do not assume responsibility for cancellations, service reliability, or the safety of operators, agents, or contractors.
Emergency Facilities and Complaints
You acknowledge that local emergency facilities may be limited. Hospitals outside major cities often lack accident and emergency services, and emergency transport facilities may be unavailable.
If you encounter any issues during your trip, please notify the tour leader immediately so they can attempt to resolve the matter. If your complaint is not resolved on-site, please follow up by emailing or writing to our office with all relevant information and, where possible, supporting evidence. We must receive any such complaint within 28 days of the completion of your tour to take appropriate action. Please keep your correspondence concise and focused to help us quickly identify your concerns and expedite our response.
Liability for Personal Possessions
OVEREX accepts no liability or responsibility for personal possessions, including but not limited to cameras, jewelry, valuables, and money, whether these items are carried in our vehicles, on public transport, or in transport provided by independent subcontractors. We also do not accept responsibility for items left in accommodation provided by us or our suppliers during the trip, or for items left in our care during the tour. Such items are carried and/or left at your own risk.
Optional Excursions and Activities
Any excursions or additional tours that you book or pay for while on our tour are not part of the arrangements provided by OVEREX. Your contract for these excursions or tours will be directly with the operator, not with us. OVEREX is not responsible for the provision of these activities or for any issues that arise during their operation.
Prices for optional activities are approximate and subject to change based on local pricing. The optional activities listed are not necessarily endorsed or recommended by OVEREX. Participation in any such activities is at your own risk and your decision to engage in them is separate from your contract with OVEREX. We do not accept responsibility for cancellations, service reliability, or the safety of operators, agents, or contractors.
Conduct and Exclusion from the Tour
During the tour, you are expected to follow all reasonable instructions from us and/or the tour leader at all times. We reserve the right to exclude you from the tour or any part of it, including during the tour itself, if we believe that your actions may negatively impact the tour's order, discipline, or safety. This may include failure to comply with the tour leader’s instructions, breaking any laws or regulations of the countries visited, or not adhering to the tour code of conduct. We will exercise this discretion reasonably.
If you are excluded from the tour, you will be required to reimburse us for any reasonable costs, losses, or expenses incurred as a result of your exclusion. OVEREX will no longer have any responsibility for you, and no refund will be provided for any unused services.
Health and Medical Conditions
By completing the booking form, you confirm that you are aware of the risks involved in the tour and that you do not have any pre-existing medical conditions that could prevent you from actively participating in the tour, except for those conditions that have been disclosed to us. It is your responsibility to ensure that you are medically fit to undertake the tour and that you have received all necessary vaccinations and medications relevant to the destination, as prescribed by your doctor. Unless informed otherwise in writing, we will assume that you are in good health and do not have any conditions that would make you unsuitable for the tour.
We recommend consulting your doctor before booking to confirm that you are medically fit and fully informed about the immunizations and medical considerations related to your destination countries. If you have any pre-existing medical conditions, are undergoing medical treatment, or if you develop any new conditions, illnesses, or disabilities after booking, you must provide us with full details at the earliest opportunity and no later than sixty (60) days before the departure date.
If it is discovered that a pre-existing condition was not declared within the specified time and such a condition would have led to our refusal to accept your booking, we reserve the right to withdraw you from the tour without refund or compensation. In such cases, you will be responsible for reimbursing us for any reasonable costs, losses, or expenses incurred as a result.
If you are withdrawn from the tour, no refunds will be issued, and we will not be liable for any costs or expenses, including repatriation costs such as flights or legal fees. By agreeing to these conditions, you consent to us and our insurers obtaining your medical records if deemed necessary, and you will be responsible for any charges related to the provision of this information.
We reserve the right to inspect your vaccination records at any time and to withdraw you from the tour if you have not received or taken the required inoculations and/or medications. If we discover that incorrect information affects your suitability for the tour, we may terminate the contract and withdraw you from the tour without refund or compensation, even during the trip.
You acknowledge that certain activities during the tour may be inherently hazardous and involve risks. You agree to follow all instructions given during the tour and understand that we cannot be held responsible for injuries arising from your failure to comply with these instructions.
Travel Insurance
You are required to have personal travel insurance to participate in any OVEREX tour. We strongly recommend that you obtain a comprehensive travel insurance policy that covers the full range of risks associated with the tour, including but not limited to tour cancellation (by you or due to Force Majeure), medical care, repatriation, and air evacuation in the event of illness or injury.
Please be aware that in some regions, especially in less developed countries, passenger liability insurance for vehicles may be insufficient. Therefore, it is crucial that your travel insurance provides adequate coverage for your dependents in the event of an accident.
Note that we have no control over the availability or quality of medical and repatriation services in the areas we visit, and these services do not form part of our contract with you. The standards of such services may be lower compared to those in the UK, and it is essential to be prepared for this.
Carefully review your travel insurance policy and carry the details with you when you travel. It is your responsibility to ensure that your insurance coverage meets your specific needs and requirements. OVEREX does not evaluate or verify the suitability of individual insurance policies.
Assistance During Your Trip
If you encounter difficulties while on holiday and request our assistance, we will provide appropriate support, including information on health services, local authorities, and consular assistance. We will also help you find alternative arrangements and assist with necessary phone calls or emails.
Please note that if the difficulty arises due to your own actions or circumstances, you will be responsible for any costs incurred by us in providing this assistance.
Privacy & Data Protection
We are committed to ensuring that your personal data is protected in accordance with the European General Data Protection Regulation (GDPR) 2018 and the UK Data Protection Act 2018. We implement appropriate security measures to safeguard your personal information and do not store financial details of our customers. By making a booking, you consent to the sharing of the information you provide with our suppliers, agents, subcontractors, employees, or volunteers, whether located inside or outside of Europe, for the purpose of facilitating your tour.
Data Usage and Intellectual Property
The data and GPS coordinates related to our trips are the intellectual property of OVEREX and may not be published or used commercially by travelers or tour guides. Unauthorized publication or commercial use will incur a penalty of three times the amount of the respective trip. Travelers who are public figures are especially encouraged to respect the privacy of other participants.
Promotional Materials
By agreeing to these terms and conditions, you consent on your behalf and on behalf of all participants to the use, without compensation, of any photographs or images taken during the trip by OVEREX employees or suppliers, or provided by any participant, for inclusion in brochures, on our website, in social media marketing activities, or any other promotional materials. If you or any member of your party does not wish to have photographs or images used in this manner, you must notify OVEREX as soon as possible after booking, or inform the Tour Leader at the start of the trip. You agree to inform your entire party of this condition.
You may withdraw your consent for the use of your personal information for these purposes at any time by contacting us.
Rental Terms and Conditions
The terms and conditions outlined in the rental agreement will govern the rental of the vehicle.
In the event of an accident, the vehicle user is responsible for paying the deductible (if applicable), as well as any costs related to towing and rescue services.
Please note that damage to rental vehicles, as well as punctures or tire damage, whether from OVEREX or its partners, is not covered by insurance and must be borne by the traveler or renter. This includes, but is not limited to, damage resulting from willful destruction, such as standing on the hood or roof, improper use of differential locks, reduction gears, or clutches, damage caused by jumps, and damage due to excessive speed leading to accidents or vehicle damage.
Support Vehicle and Individual Vehicle Responsibility
OVEREX assumes no responsibility for vehicles owned by customers for use on our self-drive expeditions. The vehicle owner is solely responsible for ensuring that their vehicle is properly insured and maintained throughout the trip. This includes confirming that the vehicle meets all safety standards and is in good working condition. Any issues or damages arising from the use of the customer’s vehicle are the sole responsibility of the vehicle owner. OVEREX does not accept liability for any vehicle-related incidents or failures during the expedition.
On all guided expeditions, OVEREX provides a support vehicle equipped with a basic repair kit and essential spares. However, we do not supply or take responsibility for specific spares or repairs for individual vehicles. Vehicle owners are required to ensure their own vehicles are adequately prepared and maintained, including carrying any necessary spare parts and equipment. OVEREX will not be liable for any costs associated with the acquisition of spares or repairs during the expedition. It is the responsibility of the vehicle owner to make appropriate arrangements for their vehicle's maintenance and repairs, and to cover any related expenses incurred during the trip.
Safety and Emergency Provisions
For enhanced safety and to address emergencies, our support vehicle is equipped with a satellite phone and an SOS tracker along with First Aid kits. These tools are designed to minimize risks and facilitate prompt communication in remote areas in the event of an emergency. While these provisions help improve safety, they are not a substitute for personal preparedness and vigilance. Participants are encouraged to be proactive in ensuring their own safety and to adhere to all instructions provided by the tour leader. The presence of these safety devices is intended to support, but not replace, the responsibility of each participant in managing their own safety and well-being during the expedition.
Assignment and Jurisdiction
We reserve the right to novate or assign the contract, or any part of it, to any third party. You do not have the right to assign the contract or any part of it. This contract is governed by English law, and you agree to submit to the exclusive jurisdiction of the English courts. If any condition of this contract is found by a court or competent authority to be wholly or partly unfair or unenforceable, the validity of the remaining conditions will not be affected, and the rest of the condition in question will remain valid and enforceable to the extent permitted by law. References in these conditions to statutes, conventions, or regulations shall include any amendments, re-enactments, or extensions in effect at the relevant time. Headings in these conditions are for convenience only and do not affect their interpretation. Words importing the singular shall include the plural and vice versa, and words denoting any gender shall include all genders. Where applicable, terms denoting persons shall include natural persons, companies, corporations, firms, partnerships, limited liability partnerships, joint ventures, trusts, voluntary associations, and other incorporated or unincorporated entities, regardless of whether they have separate legal personality, and all such terms shall be construed interchangeably.
Information Accuracy
The information provided on our website, social media platforms, newsletters, brochures, and other literature is given in good faith. However, we do not warrant or guarantee the accuracy or completeness of this information. While we strive to ensure that all details are correct at the time of publication, changes may occur, and we cannot be held liable for any inaccuracies or omissions.
Authority and Liability
No employee, agent, or authorized representative of OVEREX has the authority to commit OVEREX to any liability unless explicitly stated in writing and signed by one of our directors. OVEREX will not be bound by any statements or representations made by such individuals unless they are documented and signed by an authorized director.