MCX Terms and Conditions
MCXpeditions (“MCX”, “we”, “us”, “our”) accepts bookings subject to the following conditions. Except where expressly stated, these conditions apply only to Expedition arrangements booked by the client with the us and which we agree to make, provide or perform (as applicable) as part of our contract with the client. Please note, the information appearing in our marketing literature or any other relevant information on our website also form part of your contract with the us. References in these conditions to “booking”, “contract” or “arrangement” include the comparable sections or information on our website. MCXpeditions offers the client a place on the Expedition on the strict understanding that the client has read and understood the following Booking Conditions and accepts and agrees to abide by them. Once accepted the client enters into a contract with MCX.
The contract is between the Company and the client, being any person travelling or intending to travel on an Expedition operated by us including any person who is added or substituted after booking. MCX and the client both agree that English law (and no other) will apply to the contract and to any dispute, claim or other matter of any description which arises between us and the client (except as set out below). MCX and the client both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us and the client must be dealt with by the Courts of England, Wales, Scotland and Northern Ireland only. No employee or representative of MCX other than a director has authority to vary or omit any of these terms. No promise of a discount or refund will be binding on us unless confirmed by us in writing.
3) Health and Fitness
It is the obligation of each client to ensure that he/she is in good physical, emotional and mental health prior to the tour, having regard to the destination and undertakings of the tour. Each client confirms that he/she has answered the questions on the Application Form or other requisite medical forms accurately and agrees to promptly inform MCXpeditions if any of the information supplied becomes incorrect before the scheduled departure date of the tour. All clients require medical clearance from a medically qualified General Practitioner, advising that they are fit to travel on the program, prior to departure. MCXpeditions reserves the right to withdraw any client at any time if in its sole discretion, it deems the client’s physical, emotional or mental health could compromise the safety of the client or that of any other client. In such circumstances, the client will be treated as having cancelled his or her participation in the Expedition.
Each client is responsible for obtaining and having available the necessary valid and up to date documents including visas to enable him/her to participate in the Expedition and agrees to comply with all legislation, immigration, customs and foreign exchange regulations of the countries through which the Expedition may pass.
It is required by MCXpeditions, and the responsibility of each client to have comprehensive travel insurance that includes emergency, casualty evacuation, compensation for loss or damage to certain property or possessions and public liability.
Please also note that we make every effort to ensure that the most up to date and correct prices are shown on our website and in our marketing literature however prices shown are given as an indication and are starting prices only. These prices are based on ground costs, and the exchange rates available to us at the time of application and may be subject to fluctuations. MCXpeditions endeavours to maintain its advertised price but reserves the right to increase this price without notice at any time up to and including the day of departure of any Expedition in the event of exchange rate fluctuations or increases in ground operator service fees. Please note that each client is responsible for arrangement and payment of all his/her costs for inoculations, passports, visas and airport taxes where required. In addition each client is responsible for providing his/her own prescribed medical requirements, personal equipment and clothing as advised and detailed under the appropriate sections of the written communications or instructions sent by MCXpeditions to clients. In the case of emergency evacuation each client is responsible for any corresponding charges. Single room supplements are occasionally payable for sole occupancy of a room, although a single room does not guarantee the provision of a double or twin room, and in some cases may be smaller.
7) Booking and Cancellations
The client must be at least 18 years old to make a booking and participate on any MCX Expedition. A contract is formed when MCX accepts the client’s booking and sends him/her written confirmation. To secure a booking, MCX must receive payment of the minimum deposit of 25% of the total Expedition cost, per person, (or full payment if the booking is made within 60 days of the start of the Expedition or even at an earlier stage for some Expeditions). All clients (including anyone who is added or substituted at a later date), whether booking in person, by telephone, via our website, by e-mail or by any other means, will be deemed to have agreed that they have read and accepted our booking conditions and general information pages available on our website and other marketing literature. For all cancellations the following fees apply per client:
i) More than 60 days before departure - total deposit forfeited ii) Less than 60 days before departure - total deposit forfeited and 50% of remaining total cost forfeited
iii) Less than 30 days before departure - total cost forfeited
iv) If a refund is applicable, MCX will endeavour to process payment within 4-8 weeks following written notification.
Where there are a number of cancellations or other circumstances arise beyond the reasonable control of MCXpeditions so as to make the Expedition in our opinion no longer viable, then MCXpeditions shall;
i) in the case of cancellations be entitled to treat all clients of that Expedition as having cancelled his/her participation in the cancelled Expedition
ii) do our best to join those clients who still wish to participate in an Expedition with another of MCX’s Expeditions.
Where circumstances arise such that MCX deem it necessary or advisable to make alterations to the destination or departure date of an Expedition and/or changes to itinerary, routes, length or dates of the Expedition, identity of the expedition leader(s), including without limitation joining one Expedition with another, then MCX shall be entitled to make any or all of such alterations and changes without prior notification to or consultation with any client.
10) Leader Authority
Clients agree that they will abide by the decisions of the expedition leader or leaders engaged by MCX whilst an expedition is in progress.
11) Right to withdrawal
MCX reserves the right to withdraw any client at any time at its sole discretion and the expedition leader may, at any time require any client to leave the Expedition if MCX determines his/her/their continued presence prejudices the expedition’s good order or discipline whether involving contravention of the law of any country through which an expedition passes or otherwise. In such circumstances, the client will be treated as having cancelled his or her participation in the expedition and will be responsible for paying for any of the costs incurred because of their withdrawal.
12) Late payments
Late payments (less than 60 days before departure) may be subject to an additional £100 fee.
13) Transferring of contract
This contract is personal to each client and/or their parent or legal guardian who shall not assign the benefit of this Contract without the prior written consent of MCX.
Each client and parent or guardian acknowledge that the enjoyment and excitement of the Expedition is derived in part by travel and activity involving risks beyond the safety of life at home or work. Each client accepts all the inherent risks of the Expedition and all activities associated with it. By signing the booking form the client agrees to be bound by the conditions set out in this agreement. Applications will only be accepted if the booking form is signed by the client. The client must carefully note the contents of the expedition information (which may include a code of conduct) provided by MCX and the client must note and comply with the joining and other instructions set out in the expedition information. Failure to do so may prejudice other clients, MCX and expedition leaders causing consequential losses and expenses for which the client will at all times hereafter indemnify and keep indemnified MCX and its employees.
Each client will at all times indemnify and keep indemnified MCX, its employees and expedition leaders against all liabilities incurred by any or all of MCX, its employees and expedition leaders by reason of any of the following:
a) Failure to ensure the client is in good health as set out in clause three of this agreement.
b) Failure to have necessary documentation as set out in clause four of this agreement.
c) The client being withdrawn from the Expedition as set out in clause 11 of this agreement.
d) Failure to comply with any expedition information (which may include a code of conduct) provided by MCXpeditions. Except to the extent that the Trade Practices Act and the Fair Trading Act imply non-excludable rights into this contract, the client waives any and all claims he/she may now or in the future have against MCX, its employees and expedition leaders, and releases from all liability and agrees not to sue MCXpeditions, its employees and expedition leaders.
15) Photos and marketing
The client consents to MCX using images, video footage or testimonials (quotes) of the client recorded during the Expedition for advertising and promotional purposes. The client grants MCX a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes. The client also agrees not to use or distribute any images, video footage or testimonials of other clients or expedition leaders or MCX staff members recorded during the expedition, particularly for commercial or public use. Images and video footage may be recorded for private use/enjoyment only with consent from the other expedition clients and the expedition leader.
16) Proper Law
This Agreement shall be governed and construed in accordance with the laws in force in the United Kingdom for the time being and the parties hereby submit to the exclusive jurisdiction of the courts of that State.
Copyright of this documentation remains vested in MCXpeditions.
MCX Terms and Conditions