Saltwater Britain booking conditions

The services offered by Blue Ventures (Expeditions) Limited can only be used by Customers who have first read and agreed to these conditions by clicking on the appropriate box labelled “I agree”. If the Customer will be under the age of eighteen at the time of completing this form, the Customer’s parent or legal guardian must read and agree to the conditions on the Customer’s behalf.

Customers undertake to fulfil their obligations contained in these conditions.

Customers are advised to save and/or print a copy of these conditions for future reference.

    1. BACKGROUND
      • 1.1 The Customer (as defined below) is due to participate in a Saltwater Britain Expedition (each as defined below).
      • 1.2 The Saltwater Britain Expedition is to be administered in the UK by Blue Ventures Expeditions (BVE) and the day-to-day running of the Expedition on site is the responsibility of BVE and BVE’s carefully selected
      • 1.3The Conditions (as defined below) set out the terms on which the Customer will undertake the Expedition and the obligations of BVE in relation to the Customer.
    2. INTERPRETATION
      • 2.1 In the Conditions:
        • BSAC means the British Sub-Aqua Club, a private company limited by guarantee without share capital registered in England and Wales with registered number 01417376 whose registered office is at British Sub Aqua Club, Bsac, Telfords Quay, South Pier Road, Ellesmere Port, Cheshire, CH65 4FL;
        • BVE means Blue Ventures (Expeditions) Limited, a private limited company registered in Scotland with registered number SC233112 whose registered office is at Caledonian Exchange, 19A Canning Street, Edinburgh, EH3 8HE;
        • BVE’s Bank Account means the bank account as notified by BVE to the Customer from time to time;
        • BVE Diving Protocol means the rules made available for inspection on-Site by BVE (and in advance on request to BVE) relating to any scuba diving activities carried out during an Expedition;
        • BVE Guidelines means the BVE Site Rules and the BVE Diving Protocol made available for inspection on-Site by BVE (and in advance on request to BVE) relating to Expedition activities;
        • BVE Site Rules means the rules that apply to all staff and Customers whilst on the Expedition and at the base site;
        • CMAS means the Confédération Mondiale des Activités Subaquatiques which is an international federation that represents underwater activities;
        • Conditions means the information, terms and conditions contained in this document and the Customer Liability Statement;
        • Confidential Information means any confidential information (however recorded or preserved) disclosed or made available, directly or indirectly, by BVE or its employees, officers, representatives or advisers to the Customer which: (i) has been marked as “Confidential”; or (ii) is made available to the Customer by BVE in circumstances where the Customer has been informed or reasonably believes that the information is of a confidential nature; or (iii) consists of BVE’s scientific research, data and information, but excludes any information that is or becomes generally available to the public (other than as a result of its disclosure by the Customer in breach of this Contract);
        • Contract has the meaning given to it in clause 3.1;
        • Customer means either: (1) the parent or legal guardian of the Customer, where the Customer is under eighteen years of age on the date of the Contract; or (2) the Customer, where the Customer is eighteen years of age or older on the date of the Contract;
        • DAN means the Divers Alert Network;
        • DAN Insurance means valid and comprehensive DAN insurance available at http://www.diversalertnetwork.org/ or www.daneurope.org or a relevant DAN regional office, depending on the nationality of the Customer, covering the Customer’s scuba diving related activities during the Expedition;
        • Description of Accommodation means the description of the accommodation at the Site supplied to the Customer by BVE;
        • Diving Certificate means the certificate proving that the Customer has passed both practical and theoretical diving exams to at least the second scuba diving level (PADI Advanced Diver, BSAC Sports Diver or equivalent diving certificate) where applicable;
        • Diving Instructor means the certified scuba instructor overseeing all diving related activities during the Expedition) where applicable;
        • Expedition means a multi-day Saltwater Britain trip based in the UK, run by BVE, in collaboration with UK operating partners;
        • Expedition End Date means the date recorded in BVE’s electronic systems on which the Customer will end the Expedition;
        • Expedition Medical Form means the medical form that BVE sends to the Customer to be completed with the Customer’s information and signed by a qualified medical doctor (if required);
        • Expedition Leader means the staff member appointed by BVE and acting as the representative of BVE to lead the Saltwater Britain Expedition;
        • Expedition Start Date means the date recorded in BVE’s electronic systems on which the Customer will start the Expedition;
        • Final Payment means the final and full payment of the Price of the expedition;
        • Force Majeure Event means any cause preventing BVE from performing any or all of its obligations under the Conditions which arise from or is attributable to:
          • acts, events, omissions or accidents beyond the reasonable control of BVE including without limitation, failure of a utility service or transport network, epidemic or pandemic, act of God, war, civil war, riot, civil commotion, malicious damage, compliance with any law or governmental order, imposition of sanctions, regulation or direction, explosion or accident, breakdown of plant or machinery, fire, flood, earthquake, storm or other natural disaster; or
          • coup d’état, armed conflict or terrorist attack, nuclear, chemical or biological contamination;
        • Illegal means illegal under the laws of England and Wales, Scotland or Northern Ireland;
        • Intellectual Property Rights means patents, rights to Inventions, copyright and related rights, trade marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, rights to use and preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for and rights to be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
        • Itinerary means the description of the Expedition supplied to the Customer by BVE;
        • PADI Medical Form means the medical statement form issued by PADI that BVE sends to the Customer which must be completed with the Customer’s information and signed by a qualified medical doctor (if needed);
        • PADI means the Professional Association of Diving Instructors;
        • Partner means a carefully selected activity specialist, tour operator, or accommodation provider that will deliver part of the expedition (partners are to be made clear within the booking information);
        • Price means the price quoted by BVE to the Customer and confirmed by BVE on the booking confirmation;
        • PTR 2018 means The Package Travel and Linked Travel Arrangements Regulations 2018 as amended and/or modified from time to time;
        • Site means the chosen base for the expedition;
        • Saltwater Britain is a UK marine conservation expedition series run by BVE and partners;
        • Transfer Point means a designated meeting point within the country where the Expedition is based as notified by BVE to the Customer;
        • Travel Insurance means travel insurance that covers the Customer for the Expedition and is valid in the country in which the Expedition is located covering accidents and liability to third parties, illness, loss or damage to possessions, any necessary repatriation costs and cancellation of the Expedition;
        • Customer means the individual participating in the Expedition pursuant to the Contract and whose name and contact details are recorded in BVE’s electronic systems; and
        • Customer Liability Statement means the Customer liability statement to which the Customer must review and sign before participating in the expedition.
      • 2.2          In the Conditions:
        • a) a reference to “including” or “includes” does not limit the scope of the meaning of the words preceding it;
        • b) a reference to any statute, enactment or statutory provision is a reference to that statute, enactment or statutory provision as re-enacted, re-numbered, amended, consolidated or extended before the Contract and includes reference to any subordinate legislation (including regulations) (as re-enacted, amended, consolidated or extended) made under it before the Contract; and
        • c) words in the singular include the plural and vice versa and words referencing one gender include any other genders.
    1. ACCEPTANCE
      • 3.1 The confirmation by BVE of the Customer’s booking form gives rise to a legally binding contract between the Customer and BVE (the “Contract”).
      • 3.2 The Customer and BVE acknowledge that the terms set out in the Conditions are included in the Contract.
    2. COSTS
      • 4.1 The Price has been calculated in accordance with local costs. Before the Expedition Start Date, if there is:
        • a) a significant increase in costs due to any government action including new or increased taxes such as VAT; or
        • b) a significant increase in the price of fuel or staple goods.

resulting in increased costs in running or connected with the Expedition (the “Increased Cost”), BVE may require the Customer to pay part of the Increased Cost, in accordance with clauses 4.3 and 4.4.

      • 4.2 If the Increased Cost is less than 10% of the Price then BVE shall bear the Increased Cost.
      • 4.3 If the Increased Cost is 10% or more of the Price but less than 25% of the Price, BVE shall bear the first 10% of costs (“BVE’s Contribution”) and the Customer shall pay the Increased Cost in excess of BVE’s Contribution within five working days of notification by BVE.
      • 4.4 If the Increased Cost is 25% or more of the Price, BVE shall pay BVE’s Contribution and the Customer shall either pay the Increased Cost in excess of BVE’s Contribution within five working days of notification by BVE or terminate the Contract by notifying BVE in writing within five working days of the notification from BVE (and in such event clause 14 applies).
    1. PAYMENT
      • 5.1 The Customer agrees to pay the Price to BVE in consideration for BVE agreeing to carry out its obligations set out in the Conditions.
      • 5.2 The Customer acknowledges and agrees that the Customer shall:
        • a) immediately pay the Deposit to BVE (where a deposit option is available), in accordance with clause 5.4 below; and
      • 5.3 The Customer shall pay the Final or full Payment to BVE, in accordance with clause 5.4:
        • a) no later than forty five days before the Expedition Start Date; or
        • b) immediately after agreeing to the Conditions, if the date following the Customer’s agreement to the Conditions is less than forty five days before the Expedition Start Date.
      • 5.4 Any payment required to be made by the Customer under the Conditions shall be paid into BVE’s Bank Account by direct transfer, by cheque or by credit card made payable to BVE and shall only be deemed to have been received once it has been received in cleared funds.
    2. INSURANCE
      • 6.1 Where necessary, the Customer shall submit proof, including policy numbers and emergency contact numbers:
        • a) of Travel Insurance, no later than one month before the Expedition Start Date (this is a recommendation but not a requirement for UK-based expeditions); and
        • b) of DAN Insurance from their regional representative, before the Expedition Start Date (only required for expeditions including scuba diving).
      • 6.2 The Customer agrees that if any event occurs which could reasonably be expected to give rise to a claim against BVE, the Customer must first make a claim in respect of such event (or its effect) under the Customer’s Travel Insurance or DAN Insurance (as applicable) before the Customer makes a claim against BVE.
    3. MEDICAL INFORMATION
      • 7.1 The Customer may be required to submit an Expedition Medical Form and a PADI Medical Form (if expedition activities require it) no later than one month after the date of the Conditions or one month before the Expedition Start Date, whichever is sooner. On occasion, such as for divers over the age of 55, BVE may require Medical Forms to be signed by qualified physicians.
      • 7.2 The information provided on the Medical Forms must be correct and complete and must include details of all pre-existing medical conditions. If at any time after completing the Medical Forms and before Departure the Customer’s medical condition should change, the Customer must notify BVE immediately, providing full details of the relevant change. If the Customer’s medical condition changes after Departure, the Customer must notify BVE immediately, providing full details.
      • 7.3 The Customer gives BVE authority to arrange any necessary medical or surgical treatments and to sign any required consent forms on the Customer’s behalf in the case of an emergency. BVE shall not be liable for any medical or surgical treatment arranged or consented to under this clause.
    4. DIVING AND SWIMMING REQUIREMENTS
      • 8.1 For Saltwater Britain expeditions that include scuba diving, Customers must be certified to either PADI Open Water Diver, PADI Advanced Open Water Diver, or equivalent certification (dependant on the diving activities and conditions), before participating in the Expedition and must provide evidence of this certification prior to the expedition start date.
      • 8.2 If the Customer has a Diving Certificate or will obtain one before Departure, it must be sent to [email protected] for review before Departure.
      • 8.3 If the Diving Certificate is not submitted or the Customer’s diving qualifications are, in the reasonable opinion of BVE, of a lower standard than stated in the Customer’s booking application then the Customer may be unable to take part in diving activities.
      • 8.4 The Customer must pass the expedition swimming test (details of which may be provided on request) before taking part in any diving activities in or on the water.
    5. CHANGES TO THE EXPEDITION
      • 9.1 Due to the nature of the Expedition, the Customer acknowledges that BVE may need to make certain alterations to the Expedition, Itinerary, services, training, meals, accommodation and other arrangements and consents to BVE making such alterations as reasonably required at any time.
      • 9.2 Where any alteration referred to in clause 9.1 significantly alters the content of the Expedition as originally described to the Customer:
        • a) if the alteration is made prior to Departure, BVE shall notify the Customer as soon as reasonably practicable;
        • b) if made after Departure, BVE shall notify the Customer as soon as reasonably practicable, and the Customer may terminate the Contract (and in such event clause 6 applies).
    • 9.3 BVE shall not be obliged to pay any compensation or refund to the Customer as a result of diving or marine opportunities being reduced because of changes to the Expedition made as a result of circumstances outside the control of BVE, including climatic conditions, unexpected equipment failure and/or a Force Majeure Event, and/or made to ensure the health and safety of the Customer and/or of any other member of the Expedition.
    1. TRANSPORT TO AND FROM THE SITE
      • 10.1 Where an Expedition includes a transfer point and the Customer arrives at the Transfer Point later than required in the Itinerary, the Customer must arrange and pay for their transfer to the expedition location.
      • 10.2 The Customer is responsible for all transport costs if the Customer voluntarily chooses to leave the Expedition, or if BVE or the Customer terminates the Contract before any scheduled transport on the Expedition End Date but BVE will provide all reasonable assistance in organising transport as needed.
    2. PACKAGE TRAVEL REGULATIONS
      • 11.1 BVE is subject to Package Travel Regulations 2018 which the Customer can review here.
    3. CUSTOMER’S PARTICIPATION, BEHAVIOUR AND RESPONSIBILITIES
      • 12.1 The Customer must:
        • a) read all pre-departure briefing documentation given by the BVE team;
        • b) abide by all reasonable rules, regulations and instructions issued by BVE, and their expedition partners and staff during the Expedition;
        • c) if the expedition includes diving this must be done in accordance with BVE Guidelines, under the instruction of the Diving Instructor, and as described in the BVE Diving Protocol;
        • d) carry out any research under the direction and guidance of BVE staff and other partners who shall have control over the direction of the research programme; and
        • e) behave responsibly and respectfully at all places during the Expedition including in and around the Site and surrounding area, including with BVE’s partners and accommodation providers.
      • 12.2 The Customer must not:
        • a) drink excessive alcohol on or off Site, or drink more than two units of alcohol on the day or night before scuba diving;
        • b) commit any Illegal act while on the Expedition;
        • c) be in possession of any Illegal substances while on the Expedition; or
        • d) cause any damage to the accommodation, utilities or furniture on Site or the equipment used in the accommodation, classroom, equipment stores, field camp, on the boat or within the local community.
      • 12.3 BVE may refuse to allow the Customer to participate in any activity at any time during an Expedition if, in BVE’s reasonable opinion, the Customer’s participation may pose a risk to the safety of others.
      • 12.4 BVE may suspend or expel the Customer from the Expedition if the Customer carries out Illegal or unlawful acts or conducts themselves in a manner, which in BVE’s reasonable opinion, would bring, or has brought, the Expedition into disrepute or persists in conduct, which in BVE’s reasonable opinion, is in substantial breach of the BVE Guidelines or of any clause of the Conditions.
      • 12.5 The Customer shall be liable for any damage to or loss of BVE’s equipment or property, and in the event of damage to or loss of BVE’s equipment or property BVE will invoice the Customer for reimbursement.
      • 12.6 The Customer shall be liable for any injuries to BVE staff, other Customers, members of the local community or otherwise, which have been caused by the Customer’s actions or omissions.
    4. BVE RESPONSIBILITIES
      • 13.1 In return for payment of the Price, BVE shall, subject to the terms of the Contract, provide or arrange:
        • a) accommodation and all meals at the Site and during BVE-organised excursions for the Customer; and
        • b) all activities listed in the Itinerary.
      • 13.2 BVE shall not provide or arrange for:
        • a) tips;
        • b) personal equipment;
        • c) any visas or other travel documentation;
        • d) vaccinations;
        • e) transport to or from the expedition base;
        • f) any activities not included in the Itinerary;
        • g) any purchases off-Site;
        • h) additional food, drinks and refreshments during organised transits to and from the Site; or
        • i) soft drinks, bottled water, alcohol and any ‘luxury items’ on-Site.
      • 13.3 BVE shall:
        • a) ensure that all equipment available for use by the Customer on-Site is of a reasonable standard;
        • b) carry out appropriate safety checks in respect of that equipment; and
        • c) ensure certain staff on-Site are qualified in health and safety.
      • 13.4 BVE does not accept responsibility for, nor is liable to, the Customer for losses arising in connection with:
        • a) any activities undertaken by the Customer which are unsupervised and outside the scope of the Itinerary or undertaken against the express orders of BVE personnel, regardless of whether they are within the scope of the Itinerary or not;
        • b) damage to any personal property, including the Customer’s luggage unless due to the negligence of BVE staff whilst acting within the course of their employment;
        • c) to the extent that this is permitted by law, death, injury, illness or any other loss or damage caused by physical exertion for which a Customer is not prepared, consumption of alcohol, high altitude, lack of or limited access to medical attention in remote locations or the adequacy of medical attention once provided, or the fault of the Customer, the actions of someone unconnected with the Expedition, or unusual or unforeseeable circumstances beyond the control of BVE, the consequences of which could not have been avoided even if all due care had been exercised, or an event which BVE could not have anticipated or avoided;
        • d) any Force Majeure Event; or
        • e) the failure by the Customer to comply with the Conditions.
    1. COMPLAINTS
      • 14.1 If the Customer wishes to make a complaint during the Expedition, they shall advise the Expedition Leader
      • 14.2 If the Customer is not satisfied with the response of the Expedition Leader, they shall notify BVE in writing within 28 days of their Return, including all relevant information.
      • 14.3 Failure to follow the procedure set out in 14.1 and 14.2 may prevent BVE from being able to resolve any problems and may therefore prejudice any future claim that the Customer may make against BVE.
    2. TERMINATION

Termination by BVE with refund

      • 15.1 BVE may terminate the Contract before Departure for any reason (including because there are insufficient people taking part in the Expedition) by giving notice in writing to the Customer.
      • 15.2 If BVE terminates the Contract under clause 15.1, BVE shall refund to the Customer all monies paid to BVE by the Customer.
      • 15.3 BVE will not be required to pay the Customer any other losses, costs or expenses (including any consequential or indirect losses) arising as a result of termination by either party.

Termination by BVE without refund

      • 15.4 BVE may terminate the Contract and shall not be obliged to refund any monies already paid by the Customer to BVE if:
        • a) the Customer does not pay the Increased Cost in accordance with clause 4.3;
        • b) the Customer does not pay the Final Payment in accordance with clause 5.3;
        • c) the Customer does not comply with the insurance provisions in accordance with clause 6.1;
        • d) the Customer is required and does not comply with clauses 7.1 or 7.2 in relation to the provision of medical information;
        • e) upon BVE’s receipt of the Medical Forms or subsequent information about the Customer’s medical condition, it is the reasonable opinion of BVE that the Customer is not medically fit to take part in the Expedition or activities connected with the Expedition;
        • f) after the start of the Expedition, it is the reasonable opinion of BVE that the Customer is not sufficiently fit, healthy or able to complete Expedition activities without affecting the Customer’s safety or the safety and enjoyment of fellow Customers or staff members (in which case the Expedition Leader may ask the Customer to refrain from taking part in further parts of the Expedition);
        • g) in BVE’s reasonable opinion, the Customer’s behaviour is detrimental to the aims of the Expedition or is jeopardising the safety and welfare of other Customers, BVE staff or the local community or any person’s property;
        • h) the Customer has been expelled from the expedition under clause 12.4; or
        • i) due to an unresolved complaint, the Customer chooses to leave the Expedition before its completion.
      • 15.5 The Customer acknowledges and agrees that should the Customer not pay to BVE the Final Payment seven days prior to the Expedition Start Date or such other date in BVE’s absolute discretion which is no later than seven days prior to the Expedition Start Date, BVE shall pursue all legal and equitable remedies available to BVE by law to recover monies due and owed to BVE which remain outstanding as a result of non-payment of the Final Payment by the Customer.

Termination by Customer

      • 15.6 The Customer may terminate the Contract:
        • a) under clause 4.4, if the Increased Cost is 25%[1] or more of the Price, in which case BVE shall refund all moneys paid by the Customer to BVE;
        • b) under clause 9.2, if the content of the Expedition as originally described to the Customer has changed substantially, BVE shall refund the Price minus a pro-rata amount for any time already spent on the Expedition, unless BVE has procured an alternative expedition which is substantially the same as the Expedition as originally described to the Customer, in which case no refund shall be due or payable to the Customer;
        • c) at any time and for any reason before the Final Payment date, by giving notice to BVE, in which case BVE shall not be obliged to refund the Deposit;
        • d) at any time and for any reason after the Final Payment date but before Departure, by giving notice to BVE, in which case BVE shall refund the Price minus any costs already incurred by BVE which may include non repayment of the Deposit. The Customer acknowledges that because of the nature of the work carried out by BVE, the refund which BVE will be able to offer will be small; and
        • e) at any time and for any reason after Departure, by giving notice to the Expedition Leader as soon as is reasonably possible, in which case BVE shall not be required to refund any money paid by the Customer to BVE.
    1. BVE shall not be required to pay the Customer for any other losses, costs or expenses (including any consequential or indirect losses) arising as a result of termination by either party.
    2. POLICIES AND PROCEDURES
      • 17.1 BVE is committed to safeguarding communities from potential harm that arises from coming into contact with anyone working for or with us or from our, or our partner’s activities or programmes.  BVE has clear policies, procedures and governance in place that provide a safeguarding framework that all employees and Customers who work with and for BV are made aware of through induction and training.  The Customer can access BVE’s policies, procedures, code of conduct and further information on request.
    1. INTELLECTUAL PROPERTY RIGHTS
      • 18.1 The Customer shall have no Intellectual Property Rights in any of the data and/or information collected during the Expedition and will not publish, duplicate in any form (including by photocopy, copy or electronic transfer), render public or use for any personal or academic use any data/information collected, without the prior written permission of the directors of BVE. Without prejudice to BVE’s rights, if the Customer or Customer does nevertheless acquire and Intellectual Property Rights in data and/or information the Customer and/or Customer shall, at the request of BVE immediately take all necessary steps to assign or procure the assignment of such rights, (including any waiver of moral rights) to BVE.
      • 18.2 To the extent permitted by law, the Customer grants to BVE a non-exclusive, royalty-free, transferable licence to copy, modify use, sell and/or publish any photographs, videos or film collected by the Customer for their personal use during the Expedition, including any photographs, video or film footage that shows the Customer in whole or part for any purpose without any form of financial payment or compensation.
      • 18.3 The Customer waives all present and future moral rights which arise under the Copyright Designs and Patents Act 1988 and all similar rights in other jurisdictions relating to any copyright which forms part of the Intellectual Property Rights owned or licenced to BVE under this agreement and agrees not to support, maintain or permit any claim for infringement of moral rights in such copyright works.
    2. DATA PROTECTION
      • 19.1 Where BVE processes the Customer’s personal data BVE shall do so in accordance with its privacy policy.  The Customer can access BVE’s privacy policy on request.
    1. ADDRESSES
      • 20.1 The contact, address and phone numbers for the purposes of submission of notices, permissions, documents and other communications under or in connection with the Contract are
        • a) in the case of BVE as follows:
          • Address: Mezzanine, Old Library Business Centre, Trinity Rd, St Philip’s, Bristol, BS2 0NW
          • Telephone: +441173144661
          • Attention: Richard Nimmo
        • b) in the case of the Customer, as recorded in BVE’s electronic systems.

    21. GENERAL

      • 21.1 The Customer warrants that all information submitted to BVE is true, complete and accurate in all respects.
      • 21.2 The Customer is aware and fully understands that fieldwork, scuba diving, and marine and terrestrial activities, such as those undertaken by BVE staff, partners and Customers throughout the course of an Expedition, are potentially hazardous and dangerous activities and agrees that any activity that the Customer undertakes in connection with the Expedition, whether on their own or under the guidance of any member of the BVE staff, or partner staff is undertaken at the Customer’s own risk.
      • 21.3 The Customer is aware and acknowledges that the Expedition should not be treated as a holiday and that diving or snorkelling is by no means the only focus of the Expedition. The Customer acknowledges that the Customer will be expected to take part in other tasks and group activities as part of the Expedition.
      • 21.4 The Customer acknowledges that although BVE will not be liable for any medical payments on their behalf it maintains basic first aid facilities on Site, and will provide basic first aid and assistance. However, BVE cannot guarantee to provide medically qualified assistance on Site and therefore the Customer is expected to take good care of their health, hygiene and well-being, to minimise the risk of injury and illness and will act in a sensible and responsible fashion.
      • 21.5 The Customer acknowledges they will receive access to pre-departure information, policies and procedures and confirm that the Customer will read and become familiar with its contents before the Expedition Start date.
      • 21.6 The Customer understands they will need to review and sign any trip-specific liability and medical forms before participating in expedition activities, whether that be through BVE or an expedition partner.
      • 21.7 The Customer understands that they will be required to pass any necessary science validation tests before taking part in any surveying work with BVE, or partners.
      • 21.8 The Customer agrees that any and all special requirements of the Customer have been communicated in writing to BVE, and discussed and accepted by BVE, before entering into the Contract. BVE will use its reasonable endeavours to accommodate these special requirements.
      • 21.9 In agreeing to the Conditions, the Customer undertakes to and warrants that the Customer will and has read and fully agrees to them and that the Customer has not relied on any oral representations, statements or inducements apart from those contained in the Conditions.
      • 21.10 BVE intends to rely upon the written terms set out in the Conditions. If the Customer requires any changes, he/she must request that these are put in writing.
      • 21.11 None of the rights or obligations under the Contract may be assigned or transferred without the prior written consent of the other party.
      • 21.12 In the event that any of the provisions of the Conditions is held to be invalid under any applicable statute or rule of law, such provisions will be omitted from the Conditions without affecting the validity or enforceability of any remaining clauses.
      • 21.13 The Customer confirms that they have the authority to enter into the Contract and that the individual who submits the booking form is duly authorised on behalf of the Customer to do so.
      • 21.14 A person who is not party to the Contract may not enforce any of its terms under the Contract (Rights of Third Parties) Act 1999.

  22. GOVERNING LAW

      • 22.1 The Conditions and Contract (and any dispute or claim relating to them or their subject matter (including non-contractual claims)) are governed by and is to be construed in accordance with English law.

  23. JURISDICTION

      • 23.1 The Customer and BVE irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any claim, dispute or issue (including non-contractual claims) which may arise out of or in connection with the Conditions and/or Contract.