Dig Deep Booking Terms and Conditions

These Booking Terms and Conditions, together with our Privacy Policy, Representative Rules and where your booking is booked via our website our Website Terms of Use, together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Dig Deep Challenges Ltd, a trading subsidiary of Dig Deep (Africa), a company registered in England and Wales with company number 8591740 and registered office address of 2 Rushdale Road, Sheffield, S8 9QB ("we", "us", "our", "Dig Deep"). Dig Deep Africa is a registered charity (No. 1148745).

Please read these terms and conditions carefully as they set out our respective rights and obligations.

Dig Deep is a not-for-profit charitable organisation offering challenges to a limited group of people (our Representatives). Those Representatives who wish to take on a challenge of a lifetime will be helping to raise money to support Kenya's poorest residents by ensuring improvements to hygiene standards and the provision of clean water.

 

Our Event Challenges typically offer accommodation and ground services (full details of what is included will be provided at the time of enquiry). For the purpose of the Package Travel and Linked Travel Arrangements Regulations 2018 (as amended), our charity challenge events are exempt.

 

1. Definitions

 

1.1. "You"  "Participant" or "Representative" refers to the person registered on the Event and fundraising on behalf of Dig Deep (Africa).

 

1.2. The "Charity" or "Dig Deep (Africa)" refers to Dig Deep (Africa), registered charity number 1148745, or any other partner Charity specified during registration.

 

1.3. "Deferral" refers to a Participant delaying participation in an Event until a later year, dependent upon them meeting their pre-agreed fundraising target and paying an additional registration fee.

 

1.4. "Event" means a Challenge Event, provided by the Event Organiser and a named third party operator, and undertaken by the Participant.

 

1.5. The "Event Organiser" refers to Dig Deep Challenges Ltd, company number 8591740, a trading subsidiary of Dig Deep (Africa).

1.6. "Registration Fee" means the fee paid when registering for an event.

1.7 "Registration Form" means the form requiring completion by the intended Participant before official registration on an Event is granted.

 

1.8 "The Rules" means the Representative Rules that you agree to adhere to prior to registering for an Event.

 

1.9 "Fundraising Target" means the total sum (excluding the Registration Fee) required to participate in an Event which will be divided equally between the charity and to account for all costs in the organisation of the Event.

2. Registration

 

2.1. Official registration with the Event Organiser is only completed once the Registration Form has been completed, the Participant has agreed to The Rules and both instalments of the Registration Fee have been received by the Event Organiser; £195 at the point the Registration Form is completed and the remaining balance before 31st January 2022, or, in the event the Registration Form is completed after 1st January 2022 then the remaining Registration Fee balance is to be paid within 4 weeks from the date the Registration Form has been completed . The following terms and conditions are agreed on the presumption that all of these have been fulfilled. A binding contract will come into existence between us when official registration has been completed.

 

2.2. The Participant must be aged 18 or over at the moment of registration for their chosen Event to participate. We will also consider accepting 16 and 17 year olds on our Events subject to completion receipt and acceptance of our Parental/Guardian Consent Form. 

 

2.3. Participants will receive a final balance confirmation showing the total funds they have raised in accordance with the Fundraising Target, upon receipt of the final funds by us. If we do not receive the final balance payment in full and on time, we reserve the right to terminate your registration and retain the Registration Fee.

 

2.4. The Participant accepts that part of the Registration Fee will be used to cover administrative costs incurred by the Event Organiser as part of arranging the Event and is non-refundable with the exception of the circumstances outlined in clauses 2.5.4, 3.1, 3.9 & 5.2.

 

2.5. For Events where a departure window is given in place of an exact departure date, Participants agree to the following:

 

2.5.1. The Event Organiser will provide the Participant with the exact date of departure by the date specified during, and agreed to by the Participant, during the registration process.

 

2.5.2. The Event Organiser will endeavour to place the Participant on a trip departing during the chosen departure window.

 

2.5.3. Where this is not possible, the Participant will be offered a trip departing on an alternative date.

 

2.5.4. If no suitable date can be found outside of the chosen departure window, the Participant will be eligible to receive a refund of the Registration Fee.

 

2.6. All Participants must complete a pre-departure form, to be submitted no later than 6 weeks prior to departure. The Participant's place on the trip is dependent upon this form being completed. Neither the Charity nor the Event Organiser will be liable for costs incurred as a result of the late submission of this form.

 

3. Cancellation and deferral

 

3.1. The Participant has the right to cancel their registration and receive a refund of the Registration Fee up to 14 working days from the date of registration. Requests to cancel registration should be made to the Event Organiser in writing or by emailing support@digdeep.org.uk.

 

3.2. Should the Participant, for whatever reason, not take part in their chosen event, all monies collected by the Participant by way of fundraising should be forwarded to the Event Organiser, or returned to donors. Any fundraising money already submitted to the Event Organiser prior to the decision is not refundable and is considered to be a gift made to the Charity, unless it was specified as a contribution towards the costs of the trip when the payment was made.

 

3.3. In the event of the Participant withdrawing from an Event the Event Organiser will endeavour, where possible, to offer an alternative event, and to carry over funds raised with any costs incurred deducted. This is not a contractual obligation.

 

3.4. In some circumstances, such as bereavement or illness, you can defer your participation in an Event. Any request to defer is subject to the Event Organiser's discretion and will be judged on an individual basis. Where possible, in the case of deferral, all fundraising monies raised can be carried to another fundraising event. Participants accept that an alternative deadline for fundraising monies to be submitted will be imposed. Please see further conditions imposed in relation to deferrals under 3.5, 3.6 and 3.7

 

3.5. Participants who defer their participation in an Event accept that they may be asked to pay an additional amount to cover increased costs, which are beyond the Event Organiser's control, or any non- refundable charges. This policy is designed to ensure that the Event Organiser obtains full cost recovery on Event management thereby maximizing available funds to our charitable activities.

 

3.6. The Participant agrees that if they withdraw from an Event, deferring their participation to the following year, any costs incurred will be deducted from their total fundraising carried over.

 

3.7. Participants who defer after their final fundraising deadline (typically 8 weeks prior to the Event), accept that they will be responsible for any costs associated with their participation in the Event that are outside any monies paid to us. These could be costs for flights and any other expenses incurred by the Participant in enabling them to participate. In addition, Participants also accept that they are responsible for any costs incurred by us in arranging the Event, such as money paid to our suppliers. Where these sums are non-recoverable, the Participant will be responsible for payment of these amounts. These amounts cannot be fundraised. The Event Organiser will assist, where appropriate, with any travel insurance claims. Deferral places cannot be confirmed until all non-recoverable amounts are paid by the Participant.

 

3.8. When signing up to a new Event, deferred Participants will pay a Registration Fee, which will be used to cover administrative costs incurred by the charity as part of arranging the Event. This fee is non-refundable with the exception of the circumstances outlined in clauses 3.1, 3.9 & 5.2.

 

3.9. In cases where the minimum group size is not met for a trip, the Event Organiser will endeavour to offer an alternative departure date on another trip. If no suitable date or trip is found, the Participant can defer to a trip the following year, or will be entitled to a refund of their Registration Fee.

 

3.10. If the Event Organiser cancels the Event for reasons not covered in clause 7.1, no funds raised can be refunded to the Participant, but the Registration Fee can be returned upon request.

 

4. Liability & Our Responsibility

 

4.1. The Event Organiser is not liable for refunding any sums as a result of a Participant's withdrawal from the Event due to ill health. The Participant should insure themselves against this risk by taking out a suitable Insurance Policy after registration.

 

4.2. The Event Organiser has a duty to select the supplier(s) involved with the provision of the Event with reasonable skill and care and therefore frequently performs appraisals of our supplier(s)/tour operators and performs risk assessments of all Challenge Events. Where we perform the services in the provision of the Event we shall do so with all reasonable skill and care. We shall have no liability to you except in cases where it is proved that we have breached that duty and damage to you has been caused.

 

4.3 All Participants acknowledge and agree that partaking in a fundraising Event organised by the Event Organiser may involve an element of personal risk/potential hazard.

 

4.4. We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

a) the act(s) and/or omission(s) of the Participant affected; or

b) the act(s) and/or omission(s) of a third party unconnected with the provision of the Event contracted for and which were unforeseeable and unavoidable;

c) unavoidable or extraordinary circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or

d) an event which either ourselves or our supplier(s) could not, even with all due care, have foreseen or forestalled.

 

4.5 We will not accept any responsibility for services or facilities which do not form part of the Event Challenge or our agreement with you. For example, any excursion you book whilst away or any other service or facility any other supplier agrees to provide for you and this will include any extension tours that we may advertise on our website.  

 

4.6 The Event Organiser offers challenges that involve inherent risks related to trekking in high altitude environments. There is a significant risk of altitude sickness which can lead to sickness, serious injury and in some cases death. The Participant accepts these risks are more likely during a shorter climb duration, such as the Event Organiser offers.

 

4.7. In addition, the Participant accepts that having adequate travel insurance is a condition of the contract. The Participant certifies that they will have insurance which will cover, cancellation charges, personal accidents, medical expenses, medical evacuation, air ambulance and helicopter evacuation, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Participant. In the case of Mt Kenya challenge events this must include air evacuation from an altitude of up to 5,000m. In the case of Mt Kilimanjaro challenge events this must include air evacuation from an altitude of up to 6,000m. The Event Organiser will, as standard, recommend that the Participant takes out specific policies for which the Event Organiser has negotiated favourable discounts on behalf of the Participant; however, the participant is under no obligation to follow these recommendations and, if the Participant does follow these recommendations, it is the individual's responsibility to ensure this policy covers all activities detailed in this clause. In certain circumstances the Event Organiser may insist that Participants take out a policy relating to their Event and it is the Participant’s responsibility to ensure their policy covers all activities detailed in this clause.

 

4.8 Furthermore, and where necessary, your travel insurance policy must also include provisions covering you for (but not limited to) the following situations:

a) Where you have been diagnosed with Covid-19 before departure and are no longer able to travel;

b) Where you have been in contact with someone that has been diagnosed with Covid-19 and need to self-isolate;

c) Where you have been contacted by NHS Test and Trace (or your national or local test and trace systems) and you are required to self-isolate;

d) Where you have been diagnosed during your Event or have otherwise come into contact with someone who has been diagnosed with Covid-19 and you are now required to self-isolate;

e) Where you live in a place that has imposed lockdown restrictions; and

f) Where the destination you are travelling to have imposed lockdown restrictions.

 

4.8.1    Your insurance policy should cover you for repatriation, emergency medical expenses abroad and additional costs of accommodation and/or transport if you need to self-isolate whilst abroad.

 

4,9. The Event Organiser reserves the right to deny any Participant their place on a fundraising Event if they fail to provide a policy reference number and the name of the insurer prior to departure. The Event Organiser will not be liable for the failure of a Participant to insure themselves adequately and will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

 

4.10. Any costs incurred by the Event Organiser as a result of inadequate insurance for rescue or medical treatment must be repaid by the Participant within 28 days.

 

5. Disclosure of Medical Information

 

5.1. The Participant is obliged to discuss any pre-existing medical conditions with their doctor and it is the Participant's responsibility to determine if they are in suitable physical and mental health to undertake the Event.

 

5.2. The Participant will be eligible for a refund of their Registration Fee if they are unable to participate on medical grounds, due to a pre-existing medical condition, by producing a letter from their doctor within 30 days of registration.

 

5.3. If a Participant does not return a letter from their doctor to the Event Organiser within 30 days of registration, they will not be eligible to have their Registration Fee returned should they be unable to participate on medical grounds.

 

5.4. Details of any pre-existing medical conditions will be requested prior to the Event. Participation is at the discretion of the Event Organiser, and their decision is final. You may be asked to provide more information at the request of the Event Organiser, with regards to any medical condition declared on the medical section of the Pre-Departure Form. The Pre-Departure Form must be completed and returned to us no later than 6 weeks prior to the Event.

 

5.5. Should a Participant's medical condition change more than 30 days after registration, it is their responsibility to inform the Event Organiser and there will be no recourse for refund from the Event Organiser. The Participant should claim on their insurance.

 

5.6. The Participant accepts that the information they give is complete, correct and true to the best of their knowledge.

 

5.7. The Event Organiser and any contracted supplier and/or tour operator cannot accept responsibility for any issues arising from a medical issue which the Participant has failed to disclose.

 

6. Health and safety

 

6.1. The Participant accepts that for Events taking place in remote areas, emergency medical care may be several hours travel from the Event location. The Event Organiser will endeavour to ensure appropriate steps are taken to minimize risk, and ensure that qualified first aid personnel are on-hand whenever possible.

 

6.2 The Participant accepts that the standard of medical care available for challenges taking place overseas my not be comparable to that of the UK.

 

6.3. The Participant accepts that it is their responsibility to request medical treatment from the Event Organiser's representatives if this is required, except in the event of the Participant being incapacitated or not being of sound mind, in which case the Participant accepts that the Event Organiser or their representatives will seek treatment for them.

 

6.4. For the safety of the Event and all Participants, the Event Organiser and its supplier(s) reserve the right to prevent or curtail a Participant's involvement in an Event.

 

6.5 We will monitor and implement any Covid-19 guidance or measures issued by local or national government in relation to the safe and effective delivery of the Event. Furthermore, we may implement additional Covid-19 measures at our own discretion to ensure the health and safety of our Participants. We reserve the right to remove Participants from the Event where any such guidance is not adhered to.

 

7. Force Majeure

 

7.1. Except where otherwise expressly stated in these terms and conditions, we will not be liable or pay you compensation if our contractual obligations to you are affected by Force Majeure. For the purpose of these terms and conditions, this means any event beyond our or our supplier's control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include, Acts of God, fire, natural disasters, weather conditions, computer or systems failure, acts of war (declared or otherwise), terrorism (and threats thereof), civil unrest, military or usurped power, confiscation by or under the order of any government or public local authority, significant risks to human health such as the outbreak of serious disease at the travel destination, global epidemics or pandemics (including but not limited to the ongoing effects of Covid-19 or any new strain of the coronavirus) which make it impossible to travel safely to the destination or remain at the destination, nuclear or nuclear disaster, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or our supplier's control. We are not liable for refunds for loss or costs incurred following actions such as cancelling or prematurely ending this Event as a result of advice from governmental or official bodies.

 

7.2 Up to date travel advice for Participants based in the United Kingdom can be obtained from the Foreign, Commonwealth and Development Office, visit: www.gov.uk/travelaware.

 

7.3 Non-British passport holders should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.

 

7.4 We do not accept any responsibility if you cannot travel or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.

 

8. Flights

 

8.1 We do not include flights in any of our Events. The Participant accepts that they are responsible for arranging and purchasing any flights required for them to take part in the Event. The Participant accepts that they are responsible for ensuring that they arrive at the date, time and location specified as the start of the Event itinerary during the registration process. The Event Organiser may recommend that the Participant arranges specific flight dates and times, or uses specific flight agents and airlines, however the Participant is under no obligation to follow these recommendations.

 

8.2. The Participant accepts that airlines occasionally make changes to scheduled flights and departure times. Neither the Charity nor the Event Organiser will be liable for any costs incurred by the Participant as a result of these changes.

 

8.3. If flights are delayed, the Event Organiser is not liable for costs or compensation. The Participant should seek compensation from the airline concerned. This may include additional costs to get back on to the itinerary the Event Organiser provided prior to the Event such as food, accommodation or alternative flights.

 

8.4. The Event Organiser will ensure that UK citizens are eligible to travel to countries where events are held. It is the responsibility of the Participant to ensure that they are eligible to travel to the destination country and any points of transfer.

 

8.5. The Participants must ensure that their passport is free from any endorsements or notices which would prevent travel to the destination country or any points of transfer.

 

9. Accuracy

 

9.1 We endeavour to ensure that all the information and prices both on our website and in any advertising material that we publish, are accurate, however, occasionally, changes and errors occur and we reserve the right to correct prices, and other details in such circumstances. You must check the price, fundraising requirements and all other information fully before you register for one of our Events.

 

10. Declaration

 

10.1. By agreeing to these terms and conditions, Participants are hereby declaring that:

 

10.1.1. all information provided by the Participant to us, is complete and true;

 

10.1.2. no information has been withheld;

 

10.1.3. that they are in good health;

 

10.1.4. they are of sound mind and have understood all stipulations within these terms & conditions.

 

10.2. If at any point during your time as a fundraiser with the Event Organiser your status relating to any of the questions on this form change, Participants will be required to announce this change to the Event Organiser. Failure to do so may be viewed as a deliberate attempt to conceal information from the Event Organiser and Participants will be liable as such. The Event Organiser cannot be held responsible for inaccurate data entry by a Participant and individuals accept that the Event Organiser will use any submitted information in good faith as correct and true.

 

11. Communication

 

11.1. All notices given by the Participant to the Event Organiser must be given in writing, either via e-mail to support@digdeep.org.uk or by post to 2 Rushdale Road, Sheffield, S8 9QB, or via our online portal www.digdeep.org.uk. Such notices will be deemed to have been received two days (excluding weekends and bank holidays in England and Wales) from sending.

 

11.2. The Event Organiser may give notice to the Participant either at the postal address or e-mail address specified on the registration form. Such notices will be deemed to have been received two days (excluding weekends and bank holidays in England and Wales) from sending.

 

11.3. All requests to change details of participation, such as trip dates, must be submitted directly to the Event Organiser. The Event Organiser cannot be held responsible for requests which are submitted to any other agent that are not acted upon. All costs incurred through failure to follow this procedure will be the responsibility of the Participant. 

 

12. Foreign, Commonwealth and Development Office ("FCDO") Advice

 

12.1. Participants are responsible for checking the FCDO advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the FCDO to avoid or leave a particular country may constitute Force Majeure (see clause 7).

 

13. Law and jurisdiction

 

13.1. The Event Organiser is a limited company registered in England and Wales and the Charity is a registered charity within the United Kingdom. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising here shall be exclusively subject to the jurisdiction of the courts of England and Wales.

 

13.2. If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective, then to the extent and within the jurisdiction which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

 

14. Changes to terms and conditions

 

14.1. The Event Organiser reserves the right to change these terms and conditions to reflect market and global conditions affecting its operations.

 

14.2. The Participant is subject to the terms and conditions in force at the time of their registration, unless:

 

14.2.1. any change to these terms and conditions is required to be made by law or governmental authority, in which case the change will apply to all prior registrations; or

 

14.2.2. the Event Organiser notifies you of the change to these terms and conditions before you are officially registered, unless you notify the Event Organiser that you do not accept the changed terms within seven working days of official registration, in which case the Event Organiser may decide whether or not to permit you to take part in the Event subject to the terms without that change.

 

15. Complaints

 

15.1. If the Participant has a complaint prior to the Event they should follow the Complaints Policy detailed on the Event Organiser's website here https://www.digdeep.org.uk/complaints-procedure.

 

15.2 If the Participant has a complaint whilst on the trip they should notify our representatives or supplier(s) as soon as possible. The Event Organiser is not able to fix problems that they have not been informed of. Unresolved complaints should be sent in writing to the Event Organiser no later than 14 days after completion of the Event so they can be promptly investigated. Complaints received after 14 days may not be able to be investigated due to the passage of time and movements of the ground staff involved.