Agency Booking Terms

Except where otherwise specified, we, Here Now Adventures Ltd, a company registered in England and Wales (Company No. 17063766) with registered office at Highfield Hawcross, Redmarley, Gloucestershire, GL19 3JQ, United Kingdom, trading as “Here Now Adventures” (“we”, “us” and “our”), act only as an agent in respect of all bookings we take and/or make on your behalf. We accept no liability in relation to any contract you enter into or for any adventure experiences or other services you purchase (“Travel Arrangements”) or for the acts or omissions of any supplier or other person(s) or party(ies) connected with any arrangements. For all Travel Arrangements, your contract will be with the supplier of the arrangements in question (the “Supplier”).

All references to “adventures”, “trips”, and “experiences” on this website, in marketing materials, or in these Agency Booking Terms means experiences organised by third-party Suppliers on whose behalf we act as an agent. We do not organise or sell packages in our own name.

References to “you” and “your” means all persons named on the booking. By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that they:

• have read these Agency Booking Terms and have the authority to and do agree to be bound by them;

• consent to our use of personal data in accordance with our Privacy Policy and are authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);

• are all aged 18 or over and of the appropriate age to purchase those services;

• accept financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

1. Your Contract

When making your booking we will arrange for you to enter into a contract with the applicable Supplier of the Travel Arrangements, as specified in your booking terms and booking confirmation. Your booking with us is subject to these Agency Booking Terms and the specific terms and conditions of the relevant Supplier you contract with, and we advise you to read both carefully prior to booking. The Supplier’s terms and conditions may limit and/or exclude the Supplier’s liability to you. These are available to view at any time in the booking area of your account on the Platform.

Your booking is confirmed and a contract between you and the Supplier will exist when we send you a booking confirmation on their behalf.

2. Booking

When you make a booking on our website, you will have the opportunity to review all the details of the booking before making payment. Once you have reviewed these details and made payment, we will proceed to confirm your booking with the Supplier.

In some instances, we will need to check availability with the Supplier before confirming the booking. Where this is the case, it will be clearly indicated during the checkout process. If the Supplier is unable to confirm your booking (including if they do not respond within the required timeframe), your payment will be refunded in full.

Please check that all names, dates, and timings are correct on your booking confirmation and advise us of any errors immediately. As we act only as a booking agent, we have no responsibility for any errors in any documentation except where an error is made by us.

The booking information you provide to us will be passed on only to the relevant Supplier or other persons necessary for the provision of your Travel Arrangements. The information may be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any special category (sensitive) information that you give to us such as details of any disabilities, or dietary requirements. If we cannot pass this information to the relevant Supplier, we will be unable to provide your booking. Please see our Privacy Policy for full details.

3. Payment

In order to book your chosen Travel Arrangements, you must pay a deposit at the time of booking, or full payment where specified. Payment terms depend on the price of the Adventure:

• For Adventures priced at £350 or above per person: a deposit of 20% of the total price is payable at the time of booking. The remaining balance is due by the date specified in your booking confirmation.

• For Adventures priced below £350 per person: full payment is required at the time of booking.

If you have paid a deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, your booking may be cancelled and you may be charged the applicable cancellation fees.

All payments are processed securely through our payment provider. We do not store your payment card details.

Prices for Adventures are displayed on the Platform in pounds sterling (GBP). Where prices are displayed in other currencies (such as USD or EUR), these are indicative conversions and the amount charged will be calculated in GBP at the time of payment. Your bank or card issuer may apply its own exchange rate and fees for transactions in GBP.

Except where otherwise advised, all monies you pay to us for Travel Arrangements will be held by us on behalf of the Supplier concerned until we make payment to the Supplier in accordance with our agreement with the Supplier.

4. Financial Protection

[This section will be updated with financial failure protection.]

5. Prices

We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. If we discover a pricing error after your booking has been confirmed, we will notify you and offer you the option to proceed at the correct price or cancel for a full refund.

You must check the price of your chosen Travel Arrangements at the time of booking.

From time to time we may offer discounts or promotional offers. These will apply to new bookings only and will not be retrospectively applied to existing bookings.

6. Insurance

For international travel, we strongly recommend that you take out comprehensive travel insurance as a condition of booking. Your travel insurance policy should cover you and your party for the full range of activities included in the Adventure, and should include as a minimum: cancellation and curtailment, medical expenses and repatriation, personal accident, personal liability, and loss of baggage and personal effects.

Some Adventures may involve activities at altitude, in remote areas, or with specific risks (such as white-water rafting, mountain biking, or trekking). You should ensure that your insurance policy covers all activities included in your Adventure and is appropriate for the destination.

For domestic travel within your home country, please confirm before departure that you are entitled to access relevant medical services should an accident occur. We would still strongly recommend you take out travel insurance which covers you for cancellation.

For all bookings: if for any reason you travel without adequate insurance cover, or are unable to travel, neither we nor the Supplier will be liable for any losses or expense arising in respect of which insurance cover would otherwise have been available.

7. Fitness, Preparation to Travel and Medical Conditions

The Adventures we feature on our website are active and many are physically demanding. It is important that you review all the adventure details, descriptions, and any kit or equipment requirements thoroughly to understand the physical demands involved. If you need any more information about the physical aspects of an Adventure and your suitability, please contact us in advance of booking.

It is your responsibility to ensure that you and all members of your party are sufficiently fit and healthy to participate in your chosen Adventure. You must disclose any medical conditions, disabilities, allergies, or dietary requirements that may affect your participation at the time of booking, or as soon as they become known.

If you or any member of your party has any pre-existing medical condition or disability which may affect participation, please contact us in advance before making your booking so we can advise you and review with the Supplier the suitability of your chosen Adventure. If, acting reasonably, the Supplier is unable to properly accommodate the needs of the person(s) concerned, we will not be able to confirm your booking.

If you join an Adventure and the Supplier is of the opinion that you, or any member of your party, do not meet the required fitness level, or you have not brought the appropriate kit as specified on the adventure listing page, the Supplier has the right to refuse or terminate your participation. No refund will be due for the missed portion of the Adventure.

If your medical details change between booking and departure, please inform us and your Supplier immediately.

8. Travel Documents

It is your responsibility to check and fulfil the passport, visa, health, and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances in good time before departure. Please note that these requirements may change between booking and departure.

Useful resources for UK residents include the Foreign, Commonwealth and Development Office (www.gov.uk/travelaware) and the UK Passport Office. Requirements vary by nationality and destination — you should check with the relevant embassy, high commission, or consulate.

Neither we nor the Supplier accept any responsibility if you cannot travel, or incur any other loss, because you have not complied with any passport, visa, immigration, or health requirements.

9. Changes and Cancellations by You

Important: Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the 14-day cooling-off period that applies to most distance contracts does not apply to contracts for the provision of leisure activities where the contract provides for a specific date of performance. As Adventures are scheduled for specific departure dates, you do not have an automatic right to cancel within 14 days of booking.

The cancellation terms applicable to your booking are set out in the booking terms presented during checkout and confirmed in your booking confirmation. Cancellation terms may vary between Adventures. By completing your booking, you accept the cancellation terms applicable to that Adventure.

Where no adventure-specific cancellation terms are stated, the following default terms apply:

• Cancellation 60 or more days before departure: deposit forfeited; any balance paid will be refunded.

• Cancellation 30–59 days before departure: 50% of the total booking price is non-refundable.

• Cancellation fewer than 30 days before departure: no refund.

To cancel a booking, please contact us at hello@herenowadventures.com or through your account on the Platform. Cancellations are effective from the date we receive your cancellation request. We will confirm your cancellation and any applicable refund in writing.

10. Changes and Cancellations by the Supplier

We will inform you as soon as reasonably possible if the Supplier needs to make a significant change to your confirmed Travel Arrangements or to cancel them. We will liaise between you and the Supplier in relation to any alternative arrangements offered, but we will have no further liability to you.

If your Adventure is cancelled by the Supplier for any reason, you are entitled to either:

• an alternative departure date (subject to availability), or

• a full refund of all amounts paid

If you transfer your booking to a new date, the original booking terms will apply. Any subsequent cancellation by you would be subject to the applicable cancellation terms.

11. Cutting Your Trip Short

If you leave the Adventure early for any reason, the Supplier cannot refund the cost of any Travel Arrangements you have not used. Neither we nor the Supplier will be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with your insurer.

12. Extraordinary Circumstances (Force Majeure)

Neither we nor the Supplier shall be liable for cancellations, changes, or delays caused by extraordinary circumstances beyond reasonable control. These include, but are not limited to: natural disasters, severe weather events, pandemic or epidemic, war or threat of war, terrorism, civil unrest, government action or travel restrictions, volcanic activity, strikes or industrial action, or failure of essential infrastructure.

If your Adventure has to be cancelled at any time up to the departure date due to extraordinary circumstances, you will be offered a choice of an alternative date or a full refund on any payments made.

We will not be liable for any additional costs you may incur as a result of extraordinary circumstances (such as additional travel or accommodation costs), and we strongly recommend that you take out appropriate travel insurance to cover such eventualities.

13. Your Behaviour

You and all members of your party are expected to behave responsibly and to follow the reasonable instructions of the Supplier and its guides at all times. This includes complying with local laws and customs of the destination.

If in the Supplier’s reasonable opinion, your behaviour or that of any member of your party is causing or is likely to cause distress, danger, or annoyance to others, or damage to property, the Supplier reserves the right to refuse continued participation or terminate your booking immediately with no further liability to you. No refund will be due in such circumstances.

You and your party may also be required to pay for loss and/or damage caused by your actions, and you will be jointly and individually liable for any damage or losses caused.

14. Your Personal Data

We will collect and process your personal data in connection with your booking in accordance with our Privacy Policy, which is available on our website.

In order to fulfil your booking, we will share relevant personal data (such as your name, contact details, and any participant information you provide) with the Supplier. The Supplier will process your data in accordance with their own privacy policy.

For Adventures outside the United Kingdom, your personal data may be transferred to countries that may not provide the same level of data protection as the UK. If we cannot pass this information to the relevant Supplier, we will be unable to provide your booking.

15. Our Responsibility for Your Booking

Your contract is with the Supplier and their booking conditions apply. As agent, we accept no responsibility for the actual provision of the Travel Arrangements. Our responsibilities are limited to making the booking in accordance with your instructions and performing our booking services with reasonable care and skill.

We accept no responsibility for any information about the Travel Arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to the total amount paid by you for the relevant booking (or the appropriate proportion of this if not everyone on the booking is affected).

Nothing in these Agency Booking Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under English law.

16. Refunds

Where a refund is due under these Agency Booking Terms, we will process it to the original payment method within 14 days of the refund being confirmed. Please note that your bank or card issuer may take additional time to credit the refund to your account.

Refunds will be calculated in GBP. If you paid in a different currency, the refunded amount may differ from the amount originally charged due to exchange rate fluctuations.

17. Complaints

As the contract for your Travel Arrangements is between you and the Supplier, any queries or concerns about your Travel Arrangements should be addressed to the Supplier in the first instance. If you have a problem during your Adventure, this must be reported to the Supplier or guide immediately. If you fail to follow this procedure, there will be less opportunity for the Supplier to investigate and rectify your complaint.

If you wish to make a complaint after the Adventure, please contact us in writing at hello@herenowadventures.com within 28 days of the Adventure end date. Please include your booking reference and the details of your complaint.

We will acknowledge your complaint within 48 hours and aim to provide a substantive response within 14 days. We will endeavour to assist by liaising with the Supplier on your behalf.

[This section will be updated to include ADR (Alternative Dispute Resolution) details once confirmed.]

18. Photography and Marketing

Photographs, videos, or other media may be captured during Adventures. By participating in an Adventure, unless you notify the Supplier or us otherwise, you consent to the use of any likeness or image of you captured during the Adventure for promotional purposes by Here Now Adventures and/or the Supplier, provided that such use complies with applicable privacy and consent requirements.

19. General

These Agency Booking Terms, together with the Supplier’s terms and conditions applicable to your Adventure, constitute the entire agreement between you and HNA in respect of your booking.

The Agency Booking Terms applicable to your booking are those in force at the time your booking is confirmed. We will not change these Terms in a way that adversely affects your rights under an existing booking.

If any provision of these Agency Booking Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

Our failure to exercise or enforce any right or provision of these Agency Booking Terms shall not constitute a waiver of that right or provision.

These Agency Booking Terms do not confer any rights on any person other than you and HNA under the Contracts (Rights of Third Parties) Act 1999.

20. Governing Law and Jurisdiction

These Agency Booking Terms are governed by English law and we both agree that the courts of England and Wales have exclusive jurisdiction over any dispute, claim, or other matter which may arise between us (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable).

If you are a consumer resident in the European Union, nothing in these Agency Booking Terms affects any mandatory rights you may have under the consumer protection laws of your country of residence.

21. Contact

If you have any questions about these Agency Booking Terms or about a booking, please contact us:

Email: hello@herenowadventures.com

Post: Here Now Adventures Ltd, Highfield Hawcross, Redmarley, Gloucestershire, GL19 3JQ, United Kingdom