These terms and conditions form the basis of the contract between you and Adventure Quest Events Management LLC herein referred to as “Adventure Quest” or “The Company”. The contract shall be formed when Adventure Quest acknowledges acceptance of a booking and has received the required payment. Applying to attend an Adventure Quest activity indicates that you agree to the terms and conditions as set out below.
"The Company" means Adventure Quest Events Management LLC, registered in the Emirate of Dubai, in the UAE.
"Adventure Quest Event" means anything organised and hosted by the Company.
"You" means any person who is attending an Adventure Quest Event.
"Host" means someone who acts as a host and point of contact for Adventure Quest Events. A Host is not a legal or authorised representative of the Company and cannot enter into any contractual obligations or liabilities on its behalf. Only Directors of The Company can do so.
"Supplier" means any third-party supplier or organiser of an Adventure Quest Event.
"Preferred Suppliers" are 3rd party organisations advertising their events on the Company website
"Site" means all websites listed below in clause 2.1 and any official Adventure Quest Facebook Pages, Social Media pages or other Groups, together with all material on those websites or sent to you by e-mail or by any other means. Reference to the Site includes all intellectual property rights on the Site including but not limited to copyright, trademarks, database, member details and moral rights.
"Terms" mean these terms and conditions and any subsequent amendments as may be notified to you.
"Working day" is any day other than weekends and bank or other public holidays in the UAE.
2. Formation of the Contract
2.1 These terms apply to all services and any goods supplied by the Company through www.adventurequest.ae together with any other Company domains and sub domains listed on any of the Sites or its social media pages. Any terms relating to the use of the Site(s) shall also apply.
2.2 Any quotation or information given by the Company is only an invitation to you to apply to take part in an Adventure Quest Event or for membership with the Company. No contract exists between you and the Company until the Company or, as the case may be, the Supplier has received and accepted your application and sends you a confirmation of acceptance.
3. Our Site
3.1 We reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
3.3 You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
3.4 Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by user or member of our site, or by anyone who may be informed of any of its contents. You should not rely on any materials posted on our site for personal, medical, legal, financial or any other type of advice and we strongly recommend that you consult an appropriate qualified professional where necessary.
3.5 We aim to update our site regularly, and may change the content, including but not limited to the charges associated with the use of our site at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
4. Intellectual Property Rights
4.1 We are the owner or the licensee of all intellectual property rights in our site, and the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others to material posted on our site.
4.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
4.5 You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors.
5. Payment & Prices
5.1 Payment for any Adventure Quest Event may be made online by credit/debit card or by direct deposit. Payment shall be made in UAE Dirhams. No payment for any Adventure Quest Event shall be deemed to have been received until the Company has received cleared funds.
5.2 Every effort is made to ensure that prices for Adventure Quest Events shown on the Company’s site or social media pages are accurate. If a booking has been accepted and an error is found, the Company will inform you as soon as possible and offer you the option of reconfirming for the Adventure Quest Event at the correct price or cancelling your booking for that Adventure Quest Event. If you cancel because of such error the Company will refund or re-credit you for any sum that has been paid by you except where the terms and conditions of the Supplier say otherwise.
5.3 To book an activity, you are required to either pay a deposit or pay in full, depending on the nature of the Adventure Quest Event.
5.4 A Customer is entitled to a discounted Earlybird Price for a booking if the booking is made before the Earlybird deadline (if an Early Bird Price exists) and if the balance is paid on time as requested.
6. Cancellations by The Company
6.1 The Company does not cancel activities if it is raining or if it is not sunny, only in event of severe weather conditions that have an effect on safety will activities be postponed or cancelled. In the rare instance that it may be necessary, The Company reserves the right to cancel any activity where conditions prevent safe participation or where insufficient bookings or participant cancellation make the activity unworkable. If The Company needs to cancel an activity for any reason, then participants will be invited to transfer to another activity. Should the participant wish to take up the offer of a transfer, any difference in cost will be charged or credited accordingly. Where the offer of a transfer is not accepted a refund will be made to the customer by the same method that payment was taken. The refund made to the customer will reflect only the activity or part of the activity cancelled and thus will be a part or full sum of the payment made to the Company.
6.2 If an Adventure Quest Event requires a minimum number of participants and that number has not been booked by the deadline date set out on the Site the Company may cancel the Adventure Quest Event and liability shall be limited to the return of the sum paid by you.
6.3 Some variations to the published times or arrangements for an Adventure Quest Event may be made by the Supplier. There may be no right to cancel or obtain a refund for the changes such as timing or the precise nature of equipment used, or programme or content. Some Adventure Quest Events are dependent on weather or other factors outside the control of the Company or the Supplier and no right to cancellation or refund exists in these circumstances unless the Terms and Conditions of the Supplier says otherwise.
7. Cancellations by You
7.1 Should you wish to cancel your participation in an Adventure Quest Event after placing a booking you must notify the Company by email at the email address shown on the Site.
7.2 To cover our expenses, the following cancellation policy applies:
If your booking requires payment in full and you wish to cancel, we can offer a 50% refund if you notify us more than 2 weeks before the start date for UAE trips or 12 weeks for international trips. Refunds will be given in the form of credit note. If you wish to cancel less than 2 weeks before the start date of a UAE trip or less than 12 weeks before the start date of an international trip, then, we are unable to offer a refund.
If your booking requires a non-refundable deposit / staged payments and you wish to cancel, we will refund any monies paid in excess of the staged payment schedule.
In the event that a deposit is paid but the full amount is not paid within 6 weeks of an activity, this will be taken as a cancellation and no refund will be made.
In the event of a no-show or not arriving on time for an activity no refund will be made.
Adventure Quest is not obliged to send reminders for payment, and it always remains your duty and responsibility to ensure that payments are made on time and in accordance with the payments terms and timelines.
8. Your Responsibilities
8.1 The Company takes safety very seriously. However outdoor activities, by their very nature, do contain some element of risk and it is a condition of booking that you understand this. Participants must acknowledge these risks and take steps to act in their own best interests. For all Adventure Quest Events, it is recommended that you take out your own personal accident and travel insurance cover.
8.2 All bookings are on the basis that the customer will, at all times, observe the safety regulations and follow the safety instructions of our agents and activity providers. In the interests of safety, you undertake to follow the advice of your instructor or guide, and act sensibly and prudently at all times. Instructors reserve the right not to complete an activity with clients who may be deemed to be under the influence of alcohol or drugs or otherwise unfit to participate in the activity.
8.3 It is your responsibility to ensure that you are fit enough to undertake your chosen activity. It is prohibited to consume drugs or alcohol or be under the influence of them or any other stimulant that may impact or impair judgement whilst you are undertaking an activity. The Company is not responsible for any accidents, illnesses or loss of any activity days as a result of alcohol and/or drug consumption.
8.4 For safety reasons, some activities may have certain age and health restrictions. It is your responsibility to inform us in advance of any medical conditions or injuries which we should be aware of relating to yourself or the people covered by your booking. You can do this by email of phone and it must be done as soon as possible. We cannot accept any responsibility for any condition not disclosed.
8.5 We do not accept bookings for persons under 18 years old unless otherwise stated that events will accept Children. If an Event accepts individuals under 18, the parents or guardians of those individuals shall at all times be responsible for those under their care in every facet of responsibility and shall save Adventure Quest from all liabilities and shall indemnify Adventure Quest of all liabilities, claims or losses by those individuals in accordance with these Terms and Conditions
8.6 All travel arrangements are the sole responsibility of participants. Adventure Quest cannot facilitate local transport or other arrangements. In some cases, it may be possible for members to share lifts with each other to attend an event and Adventure Quest may be able to liaise between members to facilitate this however participants do so at their own risk.
8.7 When you book with us, you accept responsibility for your own property and any equipment issued as part of an activity. You accept responsibility for any damage or loss caused by you or any member of your party and indemnify us against any claims (including legal costs) subsequently made against us as a result of your actions. You shall ensure that you have taken sufficient insurance to cover your property prior to undertaking any Event with Adventure Quest.
8.8 Participants bringing along valuables and personal property do so at their own risk and are responsible for their safety. Adventure Quest cannot be held liable for loss or damage to personal items.
8.9 The right to participate in an Adventure Quest Event is not transferable.
8.10 Participation in all Adventure Quest Events is at your risk or is governed by Suppliers’ Terms & Conditions. Because of the risk attached to some events you may be required to sign a form of disclaimer of liability as a condition of taking part. When refusal to do so prevents your participation in the Adventure Quest Event the Company shall have no liability to provide compensation.
8.11 Any complaints must be notified to Adventure Quest on the day so that attempts can be made to resolve any problems there and then.
8.12 You accept responsibility and the cost for repairs for any damages made by you or your party to the accommodation provided during your stay. We cannot accept liability for any personal injury, loss or damage which may be sustained by your party, or their guest, or their property during your stay at accommodation provided, except where it arises from the negligence or willful default on our part. You will be held responsible for any serious damage done or loss sustained to property during your stay
8.13 At all times you shall conduct yourself in your relations with other guests or the General Public or Third Parties in a responsible, respectful and careful manner, and in a manner that abides by the country where we conduct our business. The Company or Adventure Quest Event organisers can refuse admission if it is the opinion that you may be a risk to others or yourself or you are affecting the enjoyment of others or the running of the Event whether through unreasonable behaviour, drink, drugs or otherwise.
9. Responsibilities of The Company
9.1 The Company cannot accept responsibility unless you or any member of your party suffer as a result of any proven failure to perform, or improper performance of, any part of our contract with you by any of our employees, agents or sub-contractors (providing they were carrying out work authorised by us).
9.2 The Company cannot accept any responsibility where any injury, damage or loss resulted from; any act or omission of the person or persons affected, any act or omission of a third party not connected with your activity and which were not foreseen or unavoidable, an event which neither The Company nor the Supplier could have foreseen or avoided even with all due care.
9.3 Except for claims for personal injury or death, we limit the maximum amount we may have to pay you to the price paid in respect of each person affected.
10. Delayed Delivery; Force Majeure etc.
10.1 Delayed delivery or failure of the Company to comply with any obligation hereunder whether for an Event or otherwise due to war, civil commotion, strikes, lock-outs, machine breakdown, fire or force majeure or any cause whatsoever beyond the Company’s control will not involve liability on the part of the Company and the Company shall be entitled as its option to cancel the order or any part thereof or to postpone the Adventure Quest Event
11.1 In view of the potentially dangerous nature of certain Adventure Quest Events or Activities you are recommended to obtain your own personal accident and third party liability insurance through companies of your own choice and to suit your personal circumstances. Members shall have full responsibility for arranging their own suitable insurance.
12.1 The Company will, as a matter of course, take photos at Adventure Quest Events or activities for promotional purposes, and these may be posted to the Site or on social networking sites, or used elsewhere. If you would like us to remove, or not use, a photo of you then the Company will use its discretion to remove it or otherwise, upon being informed by you, but is under no obligation to do so. If you have any concerns or do not wish to be included in any photography please make it clear to The Company on booking.
13. Data Protection
13.1 The Company will take all reasonable precautions to keep the details of your applications and payment secure, but unless the Company is negligent, the Company will not be liable for unauthorised access to information supplied by you and in any event only to the value of the transaction conducted with the company.
13.2 The Company shall have no responsibility for loss or damage sustained by you arising from the passage of any computer virus or other damaging electronic message.
14.1 You agree to indemnify and hold the Company harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or arising from your negligence or breach of duty.
15. Limitation of Liability
15.1 Further to the provision of Clause 8.11 individuals are all our activities are physical and demanding sports, which obviously have inherent hazards associated with them. Whilst The Company, its agents and activity suppliers take all necessary precautions to try and ensure the safety of all participants, unfortunately accidents could occur in consequence. The Company accepts no responsibility whatsoever for any loss or injury resulting from any persons' involvement in activities. Furthermore, it is understood and agreed that individuals participate at their own risk
15.2 Nothing in these conditions excludes or limits the liability of The Company:
15.2.1 for any matter for which it would be illegal for The Company to exclude or attempt to exclude liability; or
15.2.2 for fraud or fraudulent misrepresentation.
15.3 Subject to clause 17.2:
15.3.1 The Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of its obligation shall be limited to the price of the Adventure Quest Event; and
15.3.2 The Company shall not be liable to you for any pure economic loss, loss of profit, loss of business, or otherwise, whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Site or an Adventure Quest Event.
16.1 The Company may amend these Terms at any time by giving you notice ("Notice") by either e-mail or by posting the amended Terms on the Site. Any amended Terms will govern new transactions from the date that it is posted on the Site. Users will be bound by the amended Terms after the expiry of 30 days following the date of a Notice.
16.2 Each right or remedy of the Company under the Terms is without prejudice to any other right or remedy of the Company whether under the Terms or not.
16.3 If any provision of the Terms is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Terms and the remainder of such provision shall continue in full force and effect.
16.4 Failure or delay by the Company in enforcing or partially enforcing any provision of the Terms will not be construed as a waiver of any of its rights under the Terms.
16.5 These terms of sale and the supply of the goods will be subject to UAE law, and the UAE courts will have jurisdiction in respect of any dispute arising from the contract.
16.6 Neither the Company nor you intend that any term of this Contract will be enforceable by any person that is not a party to it other than someone to whom the Company transfers its rights under this Contract.
16.7 The Company may assign the benefit of any contract to any person, firm or company.