Terms and Conditions
AGREEMENT FOR THE SUPPLY OF TRAVEL SERVICES
Between The Supplier and The Customer
Three Sixty Degrees Expeditions Limited incorporated and registered in England and Wales with company number 6498880 whose registered office is at 7 Shepherds Fold, Holmer Green, High Wycombe, Bucks, HP15 6XZ (Supplier).
The individual who enters into this agreement for the provision of expedition and holiday services by the Supplier in return for which he/she pays the Supplier a fee (Customer).
THE CUSTOMER AGREES TO ENTER INTO A CONTRACTUAL RELATIONSHIP ON THESE TERMS IN WHICH A HOLIDAY/EXPEDITION/TOURING/TREKKING OR MOUNTAINEERING IS ARRANGED AND/OR MANAGED BY THE SUPPLIER IN RETURN FOR PAYMENT BY THE CUSTOMER OF A BOOKING FEE. THE CUSTOMER AGREES THAT MOUNTAINEERING,TREKKING/TOURING AND EXPEDITIONS IN REMOTE AND/OR FOREIGN COUNTRIES ALL CARRY A RISK OF INJURY AND/OR DEATH WHICH CANNOT BE ELIMINATED. CUSTOMERS THEREFORE AGREE TO TAKE PROPER CARE OF HIM/HERSELF AND ACCEPT THAT ALTHOUGH THE SUPPLIER WILL DO THE UTMOST TO RESTRICT SUCH RISKS TO AN ACCEPTABLE LEVEL THERE MAY REMAIN A RISK OF AN ACCIDENT OCCURRING. THE CUSTOMER AGREES TO TAKE OUT ADEQUATE PERSONAL AND TRAVEL INSURANCE AND TO FOLLOW MEDICAL ADVICE AS APPROPRIATE.
The definitions and rules of interpretation in this clause apply in this agreement.
Customer’s Equipment: any equipment, systems, cabling or facilities provided by the Customer and used directly or indirectly in the supply of the Services.
Customer’s Manager: the Customer’s manager for the Services, where the Customer is a business, appointed in accordance with clause 1.30.
Deliverables: all Documents, products and materials developed by the Supplier or its agents, subcontractors, consultants and employees in relation to the Services in any form, including the service deliverables specified in the Travel Plan.
Document: includes, in addition to any document in writing, any drawing, map, plan, diagram, design, picture or other image, tape, disk or other device or record embodying information in any form.
In-put Material: all Documents, information and materials provided by the Customer relating to the Services, including specifications, requirements and all in-put materials specified in the Travel Plan.
Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights including rights to use photographs and/or video footage of all Travel unless the Customer expressly withdraws consent, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Pre-existing Materials: all Documents, information and materials provided by the Supplier relating to the Services which existed prior to the commencement of this agreement, including computer programs, data, reports and specifications.
Travel: a travel project being an itinerary, trip, expedition, journey, voyage, holiday or trek as described in the Travel Plan.
Travel Milestones: a date by which a part of the Travel is estimated to be completed, as set out in the Travel Plan.
Travel Plan: the detailed plan describing the Travel and setting out the estimated timetable (including Travel Milestones) and responsibilities for the provision of the Services agreed in accordance with clause 1.13.
Services: the services to be provided by the Supplier under this agreement as set out in the Travel Plan, together with any other services which the Supplier provides or agrees to provide to the Customer.
Supplier’s Equipment: any equipment, including tools, systems, cabling or facilities, provided by the Supplier or its subcontractors and used directly or indirectly in the supply of the Services which are not the subject of a separate agreement between the parties under which title passes to the Customer.
Supplier’s Team Leader: the Supplier’s manager for the Services and/or Travel appointed under clause 1.19.
VAT: value added tax chargeable under English law for the time being and any similar additional tax.
Clause, schedule and paragraph headings shall not affect the interpretation of this agreement.
Clause, schedule and paragraph headings shall not affect the interpretation of this agreement.
A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors and permitted assigns.
The schedules and background form part of this agreement and shall have effect as if set out in full in the body of this agreement. Any reference to this agreement includes the schedules and background.
Words in the singular shall include the plural and vice versa.
A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
A reference to writing or written includes faxes but not e-mail.
Where the words include(s), including or in particular are used in this agreement, they are deemed to have the words without limitation following them. Where the context permits, the words other and otherwise are illustrative and shall not limit the sense of the words preceding them.
Any obligation in this agreement on a person not to do something includes an obligation not to agree, allow, permit or acquiesce in that thing being done.
References to clauses and schedules are to the clauses and schedules of this agreement.
Commencement and duration
The Supplier shall provide the Services to the Customer on the terms and conditions of this agreement.
The Supplier shall provide the Services to the Customer from the date specified in the Travel Plan.
The Services supplied under this agreement shall continue to be supplied until the Travel is completed and/or terminated in accordance with the Travel Plan and/or this agreement
The Travel Plan(s) shall be agreed in the following manner:
(a) the Customer shall provide the Supplier with an order request for a Travel Plan, setting out the requirements and specifications of the services which it is requesting from the Supplier, including a description of the Travel. This shall constitute a request for information which the Supplier shall consider;
(b) the Supplier shall, as soon as reasonably practicable, provide the Customer with a response (offer);
(c) the Supplier and the Customer shall agree the Travel Plan and when it has been agreed this Travel Plan shall become a Schedule to and subject to this agreement; and
(d) only when proper payment has been made by the Customer and accepted by the Supplier by the issuance of a Booking Acceptance Notice has the Trip been booked.
Once the Travel Plan has been agreed and signed in accordance with clause c, no amendment shall be made to it except in accordance with clause 1.35 and clause .
The Supplier shall use reasonable endeavours to manage and provide the Services, and to deliver the Deliverables to the Customer, in accordance with the Travel Plan in all material respects.
The Supplier shall use reasonable endeavours to meet Travel Milestones specified in the Travel Plan, but any such dates shall be estimates only and time for performance by the Supplier shall not be of the essence of this agreement.
Specifically the Customer understands and agrees that the Travel Plan has to be flexible to accommodate a group of independent travellers with different needs and abilities and also to accommodate bad weather or unexpected events or mishaps. If the Trip objective cannot be achieved in the reasonable opinion of the Supplier’s Team Leader then additional costs for travel, hotel and/or lodgings may be incurred and this shall be at the expense of the Customer.
The Supplier shall appoint the Supplier’s Expedition Leader in respect of each Travel who shall have authority contractually to bind the Supplier on all matters relating to the Travel (with the exception of refunds which shall be managed centrally). The Supplier shall use reasonable endeavours to ensure that the same person acts as the Supplier’s Expedition Leader throughout the term of Travel, but may replace him from time to time where reasonably necessary in the interests of the Supplier’s business.
The Supplier will attempt to ensure that Expedition Leaders and support staff are supplied in appropriate numbers to ensure the principle objectives of the Travel can be achieved. Similarly, Expedition Leaders named in expedition descriptions, anywhere in the Supplier’s literature or on the Supplier’s website, may also be changed without notice to the Customer.
The Supplier shall use reasonable endeavours to observe all relevant health and safety rules and regulations and any other reasonable security requirements that apply and the Customer agrees to cooperate with the Supplier in effecting its reasonable health and safety and duty of care requirements. This may involve changes to any aspect of the trip that the Supplier’s Expedition Leader may decide in his absolute discretion as he will seek not to place the Customer at undue risk.
The Supplier’s Expedition Leader will seek to solve Trip problems wherever prudent and possible to so using his absolute discretion, experience and expertise. The Customer in signing this agreement agrees to follow the decisions of the Expedition Leader and recognises that the Expedition Leader will be acting in the best interests of the Supplier and the group as and whole.
The Expedition Leader may request the Customer to leave the Travel if he believes the Customer:
is not following his reasonable instructions;
b) is acting detrimentally to the group as a whole;
c) is putting at risk or may put at risk the health, well-being or enjoyment of the Customer or other members of the group and
d) is acting illegally contrary to local law.
The Supplier gives notice to the Customer that it may be forced to alter dates and times of Travel together with durations, flight schedule, routes or hotel accommodation from time to time though the Supplier shall attempt to notify the Customer of any such changes when it becomes aware of them.
The Supplier except where negligent shall not be responsible for any death, personal injury or uninsured loss of personal property belonging to or used by the Customer.
The Supplier will arrange flights on scheduled national and international carriers and will provide flight details to the Customer within one month of departure.
All flights booked by the Supplier for the Customer will be in accordance with the conditions of the carrying airline which will limit the liability it extends to its passengers under its own terms and conditions, international law and conventions. The Supplier cannot guarantee air flight travel and will not be liable for the consequences of delays, cancellations, change of routing, change of departure or arrival airport or for any other change howsoever caused.
All flights arranged on the Customer’s behalf will be with specified airlines at specific airports within the UK. The published cost of each flight is as advertised to us by the airline and a reservation will be made for the Customer on this basis. In the event of error or change of advertised price the Supplier shall inform the Customer of any change and then the Customer will be asked to pay for any price increase before the booking is confirmed with the airline. If the Customer does not agree to any increase in this cost then he may withdraw the booking without penalty and the Customer’s deposit if any will be returned to the Customer.
The Supplier is not obliged to change any booking to a Customer’s preferred requirements though may make reasonable endeavours to do assuming time and resources permit.
The Customer shall:
(a) co-operate with the Supplier in all matters relating to the Services and appoint the Customer’s Manager in relation to the Services and the Travel, who shall have the authority contractually to bind the Customer on matters relating to that Travel as specified in this agreement;
(b) provide for the Supplier any information reasonably required by it for the organisation of any Travel;
(c) provide, in a timely manner such other information as the Supplier may reasonably require, and ensure that it is accurate in all material respects;
(d) be responsible (at his own cost) for preparing and maintaining the relevant insurances to cover travel, rescue, repatriation, hostage and medical emergency and/or cover. The travel insurance provider must agree first to meet any costs that the Supplier may reasonably undertake on behalf of the Customer before the Supplier agrees to expend on the Customer’s behalf any costs. In the event of any dispute the Customer agrees to indemnify the Supplier in full such costs before seeking to recover the same from his insurance provider(s) if any.
(e) inform the Supplier of all health and safety information pertinent to the Travel;
(f) ensure that all Customer’s Equipment is in good working order and suitable for the purposes for which it is used in relation to the Services and conforms to all relevant United Kingdom standards or requirements;
(g) obtain and maintain all necessary licences and consents and comply with all relevant legislation in relation to the Services, the installation of the Supplier’s Equipment, the use of In-put Material and the use of the Customer’s Equipment in relation to the Supplier’s Equipment [insofar as such licences, consents and legislation relate to the Customer’s business, premises, staff and equipment], in all cases before the date on which the Services are to start and
(h) agree by the signing of this agreement that he understands its terms and conditions and agrees to be bound by them. Specifically he agrees that Travel whether abroad or otherwise carries risks and at high altitude these risks increase by way of poor weather, altitude sickness, snow, ice, wind, rain or other inclement weather and in signing this agreement he recognises and accepts the hazards of such outdoor sport and/or activities.
If the Supplier’s performance of its obligations under this agreement is prevented or delayed by any act or omission of the Customer, its agents, subcontractors, consultants or employees, the Supplier shall not be liable for any costs, charges or losses sustained or incurred by the Customer that arise directly or indirectly from such prevention or delay.
The Customer shall be liable to pay to the Supplier, on demand, all reasonable costs, charges or losses sustained or incurred by the Supplier (including any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) that arise directly or indirectly from the Customer’s fraud, negligence, failure to perform or delay in the performance of any of its obligations under this agreement, subject to the Supplier confirming such costs, charges and losses to the Customer in writing.
The Customer shall not, without the prior written consent of the Supplier, at any time from the date of this agreement to the expiry of 12 months after the termination of this agreement, solicit or entice away from the Supplier or employ or attempt to employ any person who is, or has been, engaged as an employee, consultant or subcontractor of the Supplier in the provision of the Services.
Any consent given by the Supplier in accordance with clause 1.33 shall be subject to the Customer paying to the Supplier a sum equivalent to 20% of the then current annual remuneration of the Supplier’s employee, consultant or subcontractor or, if higher, 20% of the annual remuneration to be paid by the Customer to that employee, consultant or subcontractor.
The Customer agrees to submit an experience questionnaire and medical declaration failing which the Supplier in his absolute discretion may cancel the booking. Similarly the Supplier may in his absolute discretion transfer the Customer to a more suitable Travel which he may feel is more appropriate to the Customer’s experience and/or medical condition. In the event of cancellation the deposit paid will be refunded in full provided the Customer returns the questionnaire and declaration within 30 days of the Customer’s booking date.
If either party wishes to change the scope or execution of the Services, it shall submit details of the requested change to the other in writing.
If either party requests a change to the scope or execution of the Services, the Supplier shall, within a reasonable time, provide a written estimate to the Customer of:
(a) the likely time required to implement the change;
(b) any necessary variations to the Supplier’s charges arising from the change;
(c) the likely effect of the change on the Travel Plan; and
(d) any other impact of the change on this agreement.
If the Customer wishes the Supplier to proceed with the change, the Supplier has no obligation to do so unless and until the parties have agreed the necessary variations to its charges, the Services, the relevant Travel Plan and any other relevant terms of this agreement to take account of the change and this agreement has been varied in accordance with clause.
Notwithstanding clause 1.38, the Supplier may, from time to time and without notice, change the Services in order to comply with any applicable safety or statutory requirements, provided that such changes do not materially affect the nature, scope of, or the charges for the Services. If the Supplier requests a change to the scope of the Services for any other reason, the Customer shall not unreasonably withhold or delay consent to it.
The Supplier may charge for the time it spends assessing a request for change from the Customer on a time and materials basis in accordance with clause 1.40.
Charges and payment
In consideration of the provision of the Services by the Supplier, the Customer shall pay the charges as set out in, which shall specify the basis of the charges.
Customers agree that prices stated on the website may be inaccurate and agree that the prices stated constitute invitations to treat as opposed to binding offers. Prices will only become final when the booking is confirmed by way of the Supplier issuing a Booking Acceptance Notice.
The Customer shall pay each invoice submitted to it by the Supplier, in full and in cleared funds, within 14 days of receipt to a bank account nominated in writing by the Supplier.
Without prejudice to any other right or remedy that it may have, if the Customer fails to pay the Supplier on the due date, the Supplier may:
(a) charge interest on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of Barclays Bank plc accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment and the Supplier may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 and the Customer shall pay the interest immediately on demand; and
(b) suspend all Services until payment has been made in full.
Time for payment shall be of the essence of this agreement.
All sums payable to the Supplier under this agreement shall become due immediately on its termination, despite any other provision. This clause 7.6 is without prejudice to any right to claim for interest under the law, or any such right under this agreement.
The Supplier may, without prejudice to any other rights it may have, set off any liability of the Customer to the Supplier against any liability of the Supplier to the Customer.
Prices on this website are based on costs and exchange rates as at the time of print. The Supplier will do what it can to mitigate against any rise in its operating costs and strives to keep prices fixed wherever possible though such mitigation does not amount to a fixed price guarantee. In the unlikely event that surcharges become necessary, the following conditions will apply :
a) Surcharges arising directly from a change in the world price of oil and levied by airlines, or agents acting for the Supplier, will be passed on and you will be invoiced accordingly.
b) If surcharges become necessary for reasons other than as a direct consequence of a change in the world price of oil, the Customer may cancel his booking without penalty if the surcharge amounts to more than 10% of the cost of the Travel.
Prices advertised are dependent on group sizes. As described in the Supplier’s website the numbers are target sizes and may be increased or decreased at the discretion of the Supplier. The Supplier gives no undertaking as to the minimum or maximum size of a group but will inform potential and actual customers of this when requested.
A Customer leaving a Travel once commenced will not be entitled to receive any refund or compensation unless at the discretion of the Supplier’s Managing Director in writing.
Should the Customer otherwise wish or need to cancel the Travel the following charges will apply:
a) 90 days or more before the start of the expedition: loss of deposit.
b) 60 days or more but less than 90 days before the start of the expedition: loss of deposit plus 50% remainder of trip cost.
c) 30 days or more but less than 60 days before the start of the expedition: loss of deposit plus 80% remainder of trip cost.
d) Less than 30 days before the start of the expedition: 100% of total trip cost.
Please note that expeditions to the 8,000m peaks and Vinson variations of the above conditions will apply due to the excessive costs of these expeditions.
Customers are advised to consider travel insurance coverage to pay for cancellation costs and losses accrued.
Should the supplier cancel your travel under exceptional circumstances for reasons outside of anyone’s control due to, and not limited to: force majeure, terrorism, political unrest, shutting of borders then we will ask you to revert back to your insurance. In these circumstances the supplier may apply some administration/flight charges for the cancellation.
In some circumstances a customer may transfer from one Travel to another with the written consent of the Supplier and upon paying a £150 administration charge per person per booking. Over and above this the Customer agrees to pay at his own cost all and any additional charges relating to booking costs such as deposits payable with respect to airlines and/or agents which may not refundable or transferable according to their own terms and conditions for which the Supplier shall not be responsible.
Once the transfer to the new set of dates has been agreed terms and conditions for the expedition will apply to the original dates booked.
If the transfer results in a cheaper Travel the Supplier shall pay the difference to the Customer.
Any transfer request must be made in writing and be made before the final date for due balances if any. A transfer request received after this time will be treated as a cancellation and the transfer request will not be accepted.
Where a transfer occurs because of lack of numbers in a particular Travel no transfer fee will be payable.
If the Customer is paying by credit card a % charge will be added to any payment due to cover the credit card payment service provider’s charges. Such charge can be avoided by using a debit card or by sending a cheque. This charge is not set by 360 but by the card payment service and varies accordingly.
Payments must be made in full before the last date stated by the Supplier for which cleared funds can be accepted. Failure to provide cleared funds in time may result in cancellation of the Customer’s booking and forfeit of deposit.
Intellectual property rights
As between the Customer and the Supplier, all Intellectual Property Rights and all other rights in the Deliverables and the Pre-existing Materials shall be owned by the Supplier. Subject to clause 1.59, the Supplier licenses all such rights to the Customer free of charge and on a non-exclusive, worldwide basis to such extent as is necessary to enable the Customer to make reasonable use of the Deliverables and the Services. If the Supplier terminates this agreement, this licence will automatically terminate.
The Customer acknowledges that, where the Supplier does not own any of the Pre-existing Materials, the Customer’s use of rights in Pre-existing Materials is conditional on the Supplier obtaining a written licence (or sub-licence) from the relevant licensor or licensors on such terms as will entitle the Supplier to license such rights to the Customer.
Confidentiality and the Supplier's property
The Customer shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Customer by the Supplier, its employees, agents, consultants or subcontractors and any other confidential information concerning the Supplier’s business or its products which the Customer may obtain.
The Customer may disclose such information:
(a) to its employees, officers, representatives, advisers, agents or subcontractors (if any)who need to know such information for the purposes of carrying out the Customer’s obligations under this agreement; and
(b) as may be required by law, court order or any governmental or regulatory authority.
The Customer shall ensure that its employees, officers, representatives, advisers, agents or subcontractors to whom it discloses such information comply with this clause 1.59.
The Customer shall not use any such information for any purpose other than to perform its obligations under this agreement.
All materials, equipment and tools, drawings, specifications and data supplied by the Supplier to the Customer (including Pre-existing Materials and the Supplier’s Equipment) shall, at all times, be and remain as between the Supplier and the Customer the exclusive property of the Supplier, but shall be held by the Customer in safe custody at its own risk and maintained and kept in good condition by the Customer until returned to the Supplier, and shall not be disposed of or used other than in accordance with the Supplier’s written instructions or authorisation.
Limitation Of Liability - The Customer's Attention Is Particularly Drawn To This Clause
This clause 1.64 sets out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents, consultants and subcontractors) to the Customer in respect of:
(a) any breach of this agreement;
(b) any use made by the Customer of the Services, the Deliverables or any part of them; and
(c) any representation, statement or tortuous act or omission (including negligence) arising under or in connection with this agreement.
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
Nothing in this agreement limits or excludes the liability of the Supplier:
(a) for death or personal injury resulting from negligence; or
(b) for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by the Supplier; or
(c) for any liability incurred by the Customer as a result of any breach by the Supplier of the clause as to title or the warranty as to quiet possession implied by section 2 of the Supply of Goods and Services Act 1982.
Subject to clause 1.66 and clause 1.67:
(a) the Supplier shall not be liable for:
(i) loss of profits; or
(ii) loss of business; or
(iii) depletion of goodwill and/or similar losses; or
(iv) loss of anticipated savings; or
(v) loss of goods; or
(vi) loss of contract; or
(vii) loss of use; or
(viii) loss of corruption of data or information; or
(ix) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and
(b) the Supplier’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 this agreement shall be limited to the price paid for the Services.
Customers are advised to consider appropriate insurance coverage to pay for the above costs and losses accrued.
Subject to clause 1.72 and clause 1.73, this agreement shall terminate automatically on completion of the Services in accordance with the contract.
Without prejudice to any other rights or remedies which the parties may have, either party may terminate this agreement without liability to the other on giving the other not less than one months’ written notice or immediately on giving notice to the other if:
(a) the other party fails to pay any amount due under this agreement on the due date for payment and remains in default not less than 14 days after being notified in writing to make such payment; or
(b) the other party commits a material breach of any of the material terms of this agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or
(c) the other party repeatedly breaches any of the terms of this agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this agreement; or
(d) the other party suspends, or threatens to suspend, payment of its debts, is unable to pay its debts as they fall due, admits inability to pay its debts or [(being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being a natural person) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply; or
(e) the other party commences negotiations with all, or any class of, its creditors with a view to rescheduling any of its debts, or makes a proposal for, or enters into any compromise or arrangement with, its creditors; or
(f) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or on connection with the winding up of that other party; or
(g) an application is made to court, or an order is made, for the appointment of an administrator, a notice of intention to appoint an administrator is given, or an administrator is appointed over the other party; or
(h) a floating charge holder over the assets of that other party has become entitled to appoint, or has appointed, an administrative receiver; or
(i) a person becomes entitled to appoint a receiver over the assets of the other party, or a receiver is appointed over the assets of the other party; or
(j) a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days; or
(k) any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause d to clause j (inclusive); or
(l) the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business; or
(m) there is a change of control of the other party (as defined in section 574 of the Capital Allowances Act 2001).
The parties acknowledge and agree that any breach of clauses in 1.30 shall constitute a material breach for the purposes of this clause.
On termination of this agreement for any reason:
(a) the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Supplier may submit an invoice, which shall be payable immediately on receipt;
(b) the Customer shall, [within a reasonable time,] return all of the Supplier’s Equipment, Pre-existing Materials and Deliverables. If the Customer fails to do so, then the Supplier may enter the Customer’s premises and take possession of them. Until they have been returned or repossessed, the Customer shall be solely responsible for their safe keeping; and
(c) the accrued rights and liabilities of the parties as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination, shall not be affected.
On termination of this agreement (however arising) the following clauses shall survive and continue in full force and effect:
(a) clause 1.57;
(b) clause 1.59;
(c) clause 1.64;
(d) clause 1.100.
The Supplier, provided that it has complied with the provisions of clause 1.76, shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement (and, subject to clause 1.77, the time for performance of the obligations shall be extended accordingly) arising from or attributable to acts, events, omissions or accidents beyond its reasonable control (Force Majeure Event), including but not limited to any of the following:
(a) acts of God, including but not limited to fire, flood, earthquake, windstorm or other natural disaster;
(b) war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;
(c) terrorist attack, civil war, civil commotion or riots;
(d) nuclear, chemical or biological contamination or sonic boom;
(e) compliance with any law (including a failure to grant any licence or consent needed or any change in the law or interpretation of the law);
(f) fire, explosion or accidental damage;
(g) loss at sea;
(h) adverse weather conditions;
(i) sickness of staff or quarantine including but not limited to sickness or quarantine related to a global epidemic;
(j) cancellation of transport including but not limited to road, rail, air or shipping;
(k) collapse of building structures, failure of plant machinery, machinery, computers or vehicles;
(l) any labour dispute, including but not limited to strikes, industrial action or lockouts;
(m) any issues in relation to visa or travel permissions whereby governmental action or inaction prevents or interrupts a planned itinerary or expedition;
(n) non-performance by suppliers or subcontractors (other than by companies in the same group as the party seeking to rely on this clause); and
(o) interruption or failure of utility service, including but not limited to electric power, gas or water.
The corresponding obligations of the Customer will be suspended to the same extent.
The Supplier that is subject to a Force Majeure Event shall not be in breach of this agreement provided that:
(a) it promptly notifies the other party in writing of the nature and extent of the Force Majeure Event causing its failure or delay in performance;
(b) it could not have avoided the effect of the Force Majeure Event by taking precautions which, having regard to all the matters known to it before the Force Majeure Event, it ought reasonably to have taken, but did not; and
(c) it has used all reasonable endeavours to mitigate the effect of the Force Majeure Event, to carry out its obligations under this agreement in any way that is reasonably practicable and to resume the performance of its obligations as soon as reasonably possible.
If the Force Majeure Event prevails for a continuous period of more than 7 days, either party may terminate this agreement by giving 7 days’ written notice to the other party. On the expiry of this notice period, this agreement will terminate. Such termination shall be without prejudice to the rights of the parties in respect of any breach of this agreement occurring prior to such termination.
Customers are advised to consider appropriate insurance coverage to pay for the above force majeure events occurring.
Subject to clause 1.13 and clause 1.35, no variation of this agreement or of any of the documents referred to in it shall be valid unless it is in writing and signed by or on behalf of each of the parties.
Failure to exercise, or any delay in exercising, any right or remedy provided under this agreement or by law shall not constitute a waiver of that (or any other) right or remedy, nor shall it preclude or restrict any further exercise of that (or any other) right or remedy.
No single or partial exercise of any right or remedy provided under this agreement or by law shall preclude or restrict the further exercise of any such right or remedy.
A waiver (which may be given subject to conditions) of any right or remedy provided under this agreement or by law shall only be effective if it is in writing and shall apply only to the party to whom it is addressed and for the specific circumstances for which it is given. It shall not prevent the party who has given the waiver from subsequently relying on the right or remedy in other circumstances.
A party that waives a right or remedy provided under this agreement or by law in relation to another party, or takes or fails to take any action against that party, does not affect its rights in relation to any other party.
Unless specifically provided otherwise, rights arising under this agreement are cumulative and do not exclude rights provided by law.
If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.
If a provision of this agreement (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
This agreement and any documents referred to in it or annexed to it constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter of this agreement.
Each party acknowledges that, in entering into this agreement and the documents referred to in it or annexed to it, it does not rely on any statement, representation, assurance or warranty (Representation) of any person (whether a party to this agreement or not) other than as expressly set out in this agreement or those documents. Each party agrees that the only remedies available to it arising out of or in connection with a Representation shall be for breach of contract as expressly provided in this agreement.
Nothing in this clause shall limit or exclude any liability for fraud.
The Customer shall not, without the prior written consent of the Supplier, assign, transfer, charge, mortgage, subcontract, declare a trust of or deal in any other manner with all or any of its rights or obligations under this agreement.
The Supplier may at any time assign, transfer, charge, mortgage, subcontract, declare a trust of or deal in any other manner with all or any of its rights or obligations under this agreement.
Each party that has rights under this agreement is acting on its own behalf and not for the benefit of another person.
No partnership or agency
Nothing in this agreement is intended to, or shall operate to, create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
Rights of third parties
A person who is not a party to this agreement shall not have any rights under or in connection with it.
1.91A notice or other communication given to a party under or in connection with this agreement:
(a) shall be in writing in English (or accompanied by a properly prepared translation into English);
(b) shall be signed by or on behalf of the party giving it;
(c) shall be sent for the attention of the person, at the address or fax number specified in this clause (or to such other address, fax number or person as that party may notify to the other, in accordance with the provisions of this clause); and
(d) shall be:
(i) delivered personally; or
(ii) sent by commercial courier; or
(iii) sent by fax; or
(iv) sent by pre-paid first-class post or recorded delivery; or
(v) sent by airmail requiring signature on delivery.
The addresses for service of a notice or other communication are as follows:
(i) address: 360 Expeditions, Papilio, Route Subecarrere 31110, Montauban-de-Luchon, Haute Garonne, France
(ii) for the attention of: Mrs. Hermione Oostra
(i) address: [ADDRESS AS PROVIDED BY THE CUSTOMER] .
If a notice or other communication has been properly sent or delivered in accordance with this clause, it will be deemed to have been received as follows:
(a) if delivered personally, at the time of delivery; or
(b) if delivered by commercial courier, at the time of signature of the courier’s receipt; or
(c) if sent by fax, at the time of transmission; or
(d) if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting; or
(e) if sent by airmail, five days from the date of posting.
For the purposes of this clause:
(a) all times are to be read as local time in the place of deemed receipt; and
(b) if deemed receipt under this clause is not within business hours (meaning 9.00 am to 5.30 pm Monday to Friday on a day that is not a public holiday in the place of receipt), the notice or other communication is deemed to have been received when business next starts in the place of receipt.
To prove delivery, it is sufficient to prove that:
(a) if sent by fax, the notice or other communication was transmitted by fax to the fax number of the party; or
(b) if sent by pre-paid first class post, the envelope containing the notice or other communication was properly addressed and posted.
The provisions of this clause 1.90 shall not apply to the service of any process in any legal action or proceedings.
1.97 A notice or other communication required to be given under or in connection with this agreement shall not be validly served if sent by e-mail.
If any dispute arises in connection with this agreement, the Supplier’s Team Leader and the Customer shall, within 14 days of a written request from one party to the other, meet in a good faith effort to resolve the dispute by way of negotiations.
If the dispute is not resolved at that meeting, the parties will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR. To initiate the mediation, a party must give notice in writing (ADR notice) to the other party requesting a mediation. A copy of the request should be sent to CEDR Solve. The mediation will start not later than 14 days after the date of the ADR notice.
No party may commence any court proceedings in relation to any dispute arising out of this agreement until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other party has failed to participate in the mediation, provided that the right to issue proceedings is not prejudiced by a delay.
Governing law and jurisdiction
This agreement and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter.
We do not store credit card details nor do we share customer details with any 3rd parties.
When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
All the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme. When you pay you will be supplied with an ATOL Certificate. Please ask for it and check to ensure that everything you booked (flights, hotels and other services) is listed on it. Please see our booking conditions for further information or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate.
360 Expeditions (Three Hundred and Sixty Degrees Expeditions) (“We, Us, Our”) procurement policy (‘Policy’) provides clear guidance for all, suppliers (“You, Your”) and clients (“Third Parties”) on the standards (“Standards”) we work to with regards to the sourcing of goods and services in the delivery of our business operations.
The Policy incorporates procurement best practice regarding the way We manage our procurement activities and business relationship with You, and Our Corporate Social Responsibility (CSR) objectives at all stages of the procurement cycle.
We will measure and monitor the application of the Policy in terms of Our exposure to risk and the performance of Our supply chain on a regular basis and at least review and revise the Policy on an annual basis. In the interest of full transparency, we can provide Our Third Parties with a balanced scorecard, demonstrating Our commitment to the Policy and Our progress towards Our strategic aims.
Ten Key Policy Aims
- Put more in than we take out
- Only work with suppliers and partners who share our values and support our Policy
- Protect the confidentiality of information entrusted to Us
- Ensure all employees are aware of the purchasing Policy
- Treat all personnel who work with Us with dignity and respect
- Base supplier selection decisions on objective and transparent criteria
- Cease trading with suppliers with persistent disregard for our procurement Policy
- Reduce energy and water consumption and favour sustainable and locally produced goods and services in preference to imported products wherever possible and reasonable
- Risk assess areas of our business with the greatest ethical and environmental impact first
- Conduct our business in line with UK law and the law of the country we operate in
Procure To Pay (P2P) Process
For You to receive a Purchase order You must be listed within the supplier database. New supplier accounts are set up using the following information: supplier name and address, contact name, telephone number and email address. A purchase requisition is created for all goods and services containing accurate information reflecting the goods and services requested such as: full description of the item or service, product code(s), contract period, unit or total cost.
Where goods have been delivered or services provided against a purchase order, a Goods Receipt Note (GRN) will be created. This confirms the goods or services have been completed and no problems have arisen. When goods have been delivered or services provided, You will raise an invoice to the value of what You have supplied for payment. Once a GRN has been completed and matched to Your invoice and purchase order number, We authorise the invoice for payment and We include Your payment on the next available payment run.
The payment of Small and Medium Enterprises (SME’s) and individuals is strictly 30 days in line with the UK’s Prompt Payment Code or as required by law in the country You operate.
Before entering into a contract with You we vet You against the requirements of the Policy. We will perform this task by visiting Your premises and performing an audit. The audit consist of the following criteria:
Experience: Low Mark (1) – Never undertaken ‘comparable’ or ‘similar’ work previously. High Mark (10) – Regular work being processed to equivalent standard as required.
Technical Knowledge: Low Mark (1) – Unable to understand the task
required. Could not demonstrate knowledge of the subject. High Mark (10) – Confident in vendors ability to undertake the task.
Equipment/Resources/Capacity: Low Mark (1) – No suitable equipment/ staff. Equipment broken, promise to buy, no space for expansion. High Mark (10) – Able to demonstrate equipment. Spare capacity to handle work.
Operations Management: Low Mark (1) -No systems exist to control the contract or project. High Mark (10) – Fully documented systems exist for all stages of the project.
Continuous Improvement Program: Low Mark (1) – Not open to criticism or suggestions, defends present practices. No training, no improvement plan. High Mark (10) – Listens and makes notes on suggestions and criticisms. Organised training program, understand the need for continual improvement.
Ability to deliver on time: Low Mark (1) – Evidence of late deliveries, no contingency plans, blames customers and suppliers for problems. High Mark (10) – No evidence of a backlog of work or late deliveries.
Environmental & Sustainability Factors: Low Mark (1) – Answers questions with no dialogue. High Mark (10) – Policy and standards in place and evidence of environmental and sustainable practice
Cleanliness and Attitude: Low Mark (1) – Untidy area, staff demoralised, lack of skills. High Mark (10) – Area tidy, staff enthusiastic.
HR and Health & Safety: Low Mark (1) – No evidence of HR contracts or procedures, H&S signs, procedures, policies or understanding of law. High Mark (10) – Company has HR contracts, policies and procedures, health and safety documentation, staff are aware of requirements.
Security & Data Protection: Low Mark (1) – No security evident. High Mark (10) – Appropriate security controls.
Financial Stability: Low Mark (1) – No trading history, losses, highly geared. High Mark (10) – Trading history, profitable.
Insurance: Low Mark (1) – Substandard, low cover. High Mark (10) – Reputable, sufficient cover.
Contingency Plans: Low Mark (1) – No documentation. High Mark (10) – Documented plan and evidence of risk assessments.
Global Code of Ethics For Tourism
You agree to act in a way that adheres to the Global Code of Ethics for Tourism’s 10 principles:
Article 1: Tourism’s contribution to mutual understanding and respect between peoples and societies.
Article 2: Tourism as a vehicle for individual and collective fulfilment.
Article 3: Tourism, a factor of sustainable development.
Article 4: Tourism, a user of the cultural heritage of mankind and contributor to its enhancement.
Article 5: Tourism, a beneficial activity for host countries and communities.
Article 6: Obligations of stakeholders in tourism development.
Article 7: Right to tourism.
Article 8: Liberty of tourist movements.
Article 9: Rights of the workers and entrepreneurs in the tourism industry.
Article 10: Implementation of the principles of the Global Code of Ethics for Tourism.
Further information can be found here.
We are committed to minimising the social, environmental and ethical impacts of our supply chain on the environment. All procurement activity will take into consideration the impact upon the environment to deliver our aims. By incorporating social, environmental ethical considerations into sourcing decisions, we endeavour to make a positive contribution to the environment and society.
You will maintain a register of applicable international, national and local requirements in relation to the environment containing current copies of all licences and permits; and monitor Your activities to ensure Your products, services and procedures comply with revisions and new legislation or codes, which may from time to time apply to business We conduct with Third Parties.
You shall commit to reducing Your overall environmental impact while engaging the community to help foster social and economic development and contribute to the sustainability of the communities in which We and You operate.
Health & Safety
You agree to work in accordance with applicable laws, regulations and codes of practice including those relating to hygiene, fire, safety, security of persons, planning and licensing and You shall;
- Anticipate, identify, evaluate, and control risk including emergency situations and events
- Implement emergency plans and response procedures, including evacuation procedures, worker training and drills, appropriate first-aid supplies, appropriate fire detection and suppression equipment, adequate exit facilities, and recovery plans and provide adequate heat and ventilation
- Provide appropriate controls where chemical, biological, and physical hazards cannot be eliminated
- Commit to creating safe working conditions and a healthy work environment for all workers
- Ensure sufficiently high standards of hygiene and sanitation are maintained
- Implement work safety guidelines and procedures and educate their employees, agents and contractors accordingly to reduce and prevent accidents and occupational illness
- Provide workers with clean and safe toilet facilities, access to potable water, and if applicable, sanitary food preparation and storage facilities
- Ensure worker living accommodation is clean and safe
- Anticipate, identify, evaluate, and control workers exposure to physically demanding tasks
- Provide workers with appropriate workplace health and safety information and training in the primary language of the workers, including Material Safety Data Sheets for any hazardous or toxic substances used in the workplace
- Manage, track, and report occupational injury and illness
- Facilitate, authorise, allow and not obstruct worker access to necessary medical treatment without delay and facilitate workers to return to work.
You shall treat workers with dignity and respect as understood and defined by the International Labour Organisation or applicable law.
You will ensure workers can easily access relevant information on their employee rights and ensure third-party agencies providing workers are compliant with the laws of the sending and receiving countries, whichever is more stringent in its protection of workers.
You shall not employ anyone against their will, traffic in persons or use any form of slave, forced or bonded or involuntary labour or require workers to surrender any government-issued identification, passports, or work permits as a condition of employment or require workers to undergo excessive indebted labour that is, where workers are required to pay a fee in connection with obtaining employment, expenses associated with recruitment, processing, or placement of both direct and contract workers. You agree workers are free to leave after giving reasonable notice.
You agree physical abuse or discipline, the threat of physical abuse, sexual or other harassment and verbal abuse or other forms of intimidation is not acceptable. Disciplinary and grievance procedures shall be clearly documented and communicated to Your employees. You will record all disciplinary measures of a serious nature.
Child Protection and Child Labour
You may employ juveniles who are younger than 18 years of age, provided they are employed in accordance with country law and regulations or the UN Convention on the Rights of the Child, whichever provides the most protection and You respect ILO Conventions No. 138 and 182 (To find out more click here )
You will not employ children to undertake inappropriate work, normally undertaken by adults and You implement age-appropriate working conditions for children working within Your business.
You agree children will not perform work likely to jeopardize their health, safety or morals and You monitor employees under the age of 18, their working times and any special working conditions relating to the job that they are undertaking.
You shall implement preventative measures and procedures to ensure children are protected from tourism-related sexual exploitation and all potential forms of abuse and be able to demonstrate (for example through policies, training and/or staff communications) how children are protected from tourism-related sexual exploitation or other relevant potential forms of abuse, exploitation and harassment which children could be exposed to by You.
You will train relevant employees on the protection of minors from tourism-related sexual exploitation including how to report incidents to the local authorities and report any incidents and shall raise awareness of any identified risks to child safety involving guests and/or employees on or near Your premises to the relevant local authorities.
You shall ensure employees are not discriminated against in hiring practices such as applications for jobs, promotion, reward, access to training and senior positions, job assignments, conditions of employment including wages, benefits, discipline or termination on the basis of their gender, race, age, disability, ethnicity, religion/beliefs, or sexual orientation; extend employment opportunities to indigenous populations where possible; and not require workers to undergo pregnancy tests except where required by applicable laws or regulations or prudent for workplace safety.
Working Time and Remuneration
You shall ensure working hours comply with the applicable national law or industry standards, whichever affords employees the most protection. You will demonstrate how You pay employees a wage equal to or above the legal minimum. You will provide as a minimum all legally mandated benefits, vacation time, leave periods, and holidays and You will pay workers in a timely manner and clearly convey the basis on which workers are paid and not use deductions from wages as a disciplinary measure.
You will provide all workers with simple, written contracts, detailing the terms and conditions of their employment. You will ensure all contracts are clearly understandable to each worker. You will ensure all work performed is on the basis of recognised employment law and practice.
When entering into any agreement or collaboration with You, You must accurately and fully disclose any requested or relevant information regarding business activities, structure, financial situation and performance in accordance with applicable laws, regulations and industry practices; and uphold fair business standards in advertising, sales, and competition.
You shall comply with the provisions of the UN Global Compact, the UK Bribery Act 2010, the US Foreign Corrupt Practices Act 1977, applicable national anti-corruption regulations and legislation, and international anti-corruption conventions as in force from time to time in so far as such provisions are applicable to You.
You shall not offer or accept bribes or other means to obtain an undue or improper advantage, nor try to influence the making and taking of business decisions through the acceptance or offer of favours, benefits, gifts or other hospitality which is either disproportionate or outside the ordinary course of business; and engage in corruption, extortion, or fraud in any form.
You shall implement appropriate confidentiality measures in line with General Data Protection Regulations (GDPR) to protect our privacy, Third Parties privacy and the privacy of our employees and safeguard Third Parties information and the transfer of technology, services and know-how in a manner that protects any applicable international, national and local intellectual property and data protection rights.
You are required to hold and maintain insurance policies with a reputable insurer who have a Standard and Poors financial rating of at least A- (or equivalent internationally recognised rating agency). You are required to provide insurance cover for comprehensive general liability, third party or public liability with a limit of not less than £10,000,000 per occurrence or per period of insurance. You will hold Employers liability with a limit not less than £10,000,000 and Professional liability or Professional indemnity, not less than £10,000,000. You must ensure that the insurance cover is provided by a company permitted to do business in the UK and present copies of insurance upon request.
Responsible Travel Program
We provide our products and services all over the world and We expect You as part of our supply chain to adhere to the same in-country standards and accreditations as We do.
For ease of reference and clarity, We provide in-country standards and accreditations as appendices to the Policy. If We require you to adhere to new and evolving standards and accreditations we shall update and amend the Policy by adding new or updated information to the appendices.
APPENDIX 1: Tanzania Kilimanjaro Porters Assistance Project (KPAP).
We are affiliated with the Kilimanjaro Porters Assistance Project (KPAP). We are a registered partner of the International Mountain Explorers Connection (IMEC) Responsible Travel Program for the proper treatment practices for porters on Mount Kilimanjaro: Porters Assistance Project (KPAP). We expect You to adhere to the Standards and code, further information can be found here
The high Standards we expect You to adhere to are contained in the balanced scorecard below:
KPAP Partner 360 Expeditions Scorecard 2018
Salary: (Minimum wages for crew paid: yes (5 points if payment is made
within 2 business days of descent). Transport to Londorossi and Rongai gates: yes. ) Total Possible Points: 5. 360 Expeditions score: 5.
Tip: (% having transparent tip procedure: X 15 points). Total Possible Points: 15. 360 Expeditions score: 15
Bag weight carried for the company: (20 kg. or less = 15 points 20.1-21.0 kg = 12 points 21.1-22 kg. = 10 points 22.1-23 kg. = 5 points >23.1 = 0 points). Total Possible Points: 15. 360 Expeditions score: 15
Meals: (% getting 3 appropriate meals per day X 10 points) + (% saying amount was adequate X 10 points). Total Possible Points: 20. 360 Expeditions score: 20.
Tents: (% saying tent was good quality X 7.5 points) + (% with ground sheet X 5 points) + (% saying there was enough space X 7.5 points). Total Possible Points: 20. 360 Expeditions score: 20.
Resupply payment 20,000 Tsh every camp + food and transport: Total Possible Points: 5. 360 Expeditions score: 5.
Crew informed about company’s requirements regarding gear: Total Possible Points: 5. 360 Expeditions score: 4.
Procedure for the descent of ill crew person: Total Possible Points: 5. 360 Expeditions score: 5.
Fair assignment to climbs with no bribe payment: Total Possible Points: 5. 360 Expeditions score: 5.
Cooperation with KPAP & Park rules: Total Possible Points: 5. 360 Expeditions score: 5.
TOTAL: Total Possible Points: 100. 360 Expeditions score: 99.
Equal Opportunities Policy Statement
Three Sixty Degrees Expeditions Limited recognise it is essential to provide equal opportunities to all persons without discrimination. This policy sets out the organisation’s position on equal opportunity in all aspects of employment, including recruitment and promotion, giving guidance and encouragement to employees at all levels to act fairly and prevent discrimination on the grounds of sex, race, marital status, part-time and fixed term contract status, age, sexual orientation or religion.
Statement of policy
(a) It is the policy of Three Sixty Degrees Expeditions Limited to ensure no job applicant or employee receives less favourable treatment on the grounds of sex, race, marital status, disability, age, part-time or fixed term contract status, sexual orientation or religion, or is disadvantaged by conditions or requirements that cannot be shown to be justifiable. The organisation is committed not only to its legal obligations but also to the positive promotion of equality of opportunity in all aspects of employment.
(b) The organisation recognises that adhering to the Equal Opportunities Policy, combined with relevant employment policies and practices, maximises the effective use of individuals in both the organisation’s and employees´ best interests. Three Sixty Degrees Expeditions Limited recognises the great benefits in having a diverse workforce with different backgrounds, solely employed on ability.
(c) The application of recruitment, training, and promotion policies to all individuals will be on the basis of job requirements and the individual’s ability and merits.
(d) All employees of the organisation will be made aware of the provisions of this policy.
Recruitment and promotion
(a) Advertisements for posts will give sufficiently clear and accurate information to enable potential applicants to assess their own suitability for the post. Information about vacant posts will be provided in such a manner that does not restrict its audience in terms of sex, race, marital status, disability, age, part-time or fixed term contract status, sexual orientation or religion.
(b) Recruitment literature will not imply a preference for one group of applicants unless there is a genuine occupational qualification which limits the post to this particular group, in which case this must be clearly stated.
(c) All vacancies will be circulated internally.
(d) All descriptions and specifications for posts will include only requirements that are necessary and justifiable for the effective performance of the job.
(e) All selections will be thorough, conducted against defined criteria and will deal only with the applicant’s suitability for the job. Where it is necessary to ask questions relating to personal circumstances, these will be related purely to job requirements and asked to all candidates.
(a) Three Sixty Degrees Expeditions Limited will not discriminate on the basis of sex, race, marital status, disability, age, part-time or fixed term contract status, sexual orientation or religion in the allocation of duties between employees employed at any level with comparable job descriptions.
(b) Three Sixty Degrees Expeditions Limited will put in place any reasonable measures and/or adjustments within the workplace for those employees who become disabled during employment or for disabled appointees.
(c) All employees will be considered solely on their merits for career development and promotion with equal opportunities for all.
(a) Employees will be provided with appropriate training regardless of sex, race, marital status, disability, age, part- time or fixed term contract status, sexual orientation or religion.
(b) All employees will be encouraged to discuss their career prospects and training needs with their Line Manager or the HR Department.
Grievances and victimisation
(a) Three Sixty Degrees Expeditions Limited emphasises that discrimination is unacceptable conduct which may lead to disciplinary action under the organization’s Disciplinary Procedure.
(b) Any complaints of discrimination will be pursued through the organisation’s Grievance Procedure.
Responsibility for making sure that Three Sixty Degrees Expeditions Limited fulfils its obligations under this Policy rests with Hermione Oostra – Director. This policy and its implied responsibilities will be reviewed and reported on at least annually and subjected to Board approval.
Quality, Diversity and Human Rights Policy
Three Sixty Degrees Expeditions Limited conforms to the principles of the European Convention on Human Rights, particularly Article 14, and the Human Rights Act 1998 by creating an environment where all our clients and staff are treated with dignity and respect. This policy sets down our approach to equality, discrimination, diversity and human rights as it applies to all our clients and staff. The person with responsibility for considering and taking action if any instances breach this policy: Hermione Oostra
Discrimination is any form of unfavourable treatment. We recognise that any discrimination is harmful and is, in many cases, illegal.
Sex discrimination is any form of treatment which is unfavourable and which is gender or marital related. Discrimination according to sex is illegal under the terms of the Sex Discrimination Act 1975. The Act applies equally to both men and women. Sex discrimination is when one person is treated less favourably on the grounds of his or her sex than a person of the other sex would be treated under similar circumstances and can be direct or indirect.
Sexual harassment is a form of sexual discrimination. It can be defined as unwanted conduct of a sexual nature or other conduct based on sex, which affects the dignity of those who work in or who attend the practice. This can include unwelcome physical or verbal conduct.
Race discrimination is any form of treatment which is unfavourable and which is related to colour, race or nationality. Discrimination according to race is illegal under the terms of the Race Relations Act 1976 and can be direct or indirect.
Racial harassment is a form of racial discrimination and might involve racist jokes or insults etc.
Religious discrimination is where a person is treated less favourably because of his or her religious beliefs. The Fair Employment Act 1989 enables employees who feel that they have been discriminated against on the grounds of religious belief or political opinion to take action against an employer.
Disability discrimination is where a person is treated less favourably because of disability. Occasionally a disability can limit a person’s capability for some forms of employment. Discrimination occurs when the treatment of the individual is unfavourable taking into account the disability. Age discrimination is where a person is treated less favourably on the grounds of age. The Employment and Equality (Age) Regulations 2006 requires employers to foster a workplace culture in which discrimination and harassment, on the grounds of age, are unacceptable. Employers are also required to lay down procedures to enable employees to work past the age of 65 if they so wish.
Harassment is a form of discrimination where a person is made to feel uncomfortable because of their sex, race, disability, age or religion. It may involve action, behaviour, comments or physical contact, which is found offensive, objectionable or intimidating by the recipient.
Victimisation is when the employer treats an employee less favourably than other employees are treated because he or she has brought or threatens to bring proceedings or give evidence or information against an employer with reference to the Sex Discrimination, Race Relation or Equal pay Acts.
The right to have equal pay provides equality in terms of an employee’s contract where he or she is employed to perform work, which is rated equivalent to that performed by a member of the opposite sex.
Through this policy, through training and by example, we wish to demonstrate that we do not tolerate any form of discrimination by anyone working at Three Sixty Degrees Expeditions Limited against clients or other members of staff.
Specifically, we aim to prevent discrimination by:
- We recognise all our clients as individuals with diverse needs.
- We will aim to accommodate the needs of our clients relating to any disability wherever possible.
- We will respect the rights and dignity of all our clients.
- We invite comments regarding improvements to the provision of our services in relation to clients with disabilities.
- When applying for a role with Three Sixty Degrees Expeditions Limited, our decisions will be based on skills, qualifications and experience and on who is most suitable for the job.
- Meet any needs you may have at interview and during employment wherever possible.
- Ensure that all staff have equal opportunity to take part in ongoing training and development.
- If you feel that you are the subject of discrimination or harassment, or become aware that a/another member of staff, a client or other person may be violating the principles contained in this policy, in the first instance you should let the perpetrator know how you feel verbally or in writing asking him or her to stop the behaviour. Three Sixty Degrees Expeditions Limited takes all allegations and reports of incidents seriously.
Keep a record of the incident/s, raise the issue with Hermione Oostra and if the matter is not resolved, submit a written complaint.
360 Expeditions (Three Hundred and Sixty Degrees Expeditions) is committed to protecting and respecting your privacy. We use the information you share with us to make our services and your experience continually better. This policy which forms part of our Terms and Conditions sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. By visiting 360-expeditions.com (“our site”) you are accepting and consenting to the practices described in this policy. For the purpose of the General Data Protection Regulation (2018) (the “Act”), the data controller is: Three Hundred and Sixty Degrees Expeditions, 10 Rookery Road, Wyboston, Beds MK44 3AX, UK.
Information we may collect from you
We may collect and process the following data about you:
Information you give us.
You may give us information about you by filling in forms on our site or on our social media pages or profiles, or by corresponding with us by phone, e-mail or otherwise. It includes information you register to contact us which may include your name, address, e-mail address and phone number.
If you book a trip with us, we will collect more detailed information which will include your name, address, e-mail address and phone number(s), passport details, travel insurance details, dietary requirements, next-of-kin details, previous experience, details of relevant medical conditions and medications currently being taken.
Information we collect about you when you visit our site.
With regards to each of your visits to our site we may automatically collect the following information: technical information, e.g. about your browser or the device you use to access the site and the Internet Protocol (IP) address used to connect your computer to the internet; information about your visit, e.g. which website you clicked through to reach ours, lengths of visits to pages, products you viewed or searched for, and page interaction information (such as scrolling, clicks, and mouse-overs).
Uses made of the information
We use information held about you in the following ways:
Information we collect about you when you visit our site.
We will use this information: To administer, operate and improve our site and ensure it is presented in the most effective manner; as part of our efforts to keep our site safe and secure; to make suggestions and recommendations to you and other users of our site about products or services that may interest you or them.
Information you give to us when you book.
We will use this information to administer all aspects of a trip that you are booked onto. We will use this information to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us; to provide you with information about other products and services we offer that are similar to those that you have already purchased or enquired about; to provide you with information about products or services we feel may interest you. If you are an existing customer, we may contact you by electronic means (e-mail), or by telephone, with information about products and services similar to those which were the subject of a previous sale, or negotiations of a sale, to you.
Disclosure of your information
To run your trip properly we will share some of your personal information with suppliers of services contracted by us to deliver services relating to the trip that you are booked on. These may include in-country agents, airlines, transfer companies, expedition and trek leaders, guides and medical staff. You should only give us your information if you consent to this.
To meet legal and regulatory obligations and duties, or in order to enforce or apply our Terms and Conditions, or for the purposes of fraud protection, your personal data may be shared with other companies and organisations.
Personal data held by us about you will be one of the transferred assets if Three Hundred and Sixty Degrees Expeditions or substantially all of its assets are acquired by a third party.
Where we store your personal data
All personal data that we store on our customers is stored, protected and processed in a UK data centre.
We do not store, electronically or otherwise, any payment transaction details supplied by you.
Unfortunately, the transmission of information via the internet is not completely secure. Although will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will try to prevent unauthorised access.
If you request to have your data removed from our database and our site, you must request us to do so and we will remove it unless there is a legal reason not to do so. Please be aware if you request not to receive marketing emails, your data will be removed from Mailchimp.
You have the right to ask us not to process your personal data for marketing purposes. You can also exercise the right at any time by emailing us through our newsletters. Our site may, from time to time, contain links to and from third party websites. If you follow a link to any of these websites, please note that those websites should have their own privacy policies and we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
The Act gives you the right to access information held about you. You may request from us a copy of personal data we hold on you.
You may at any time withdraw your consent with future effect and without affecting the lawfulness of processing of your Personal Data based on the consent you provided before you withdrew it, and exercise other controls regarding website and online data collection, interest-based advertising, your communication settings, and app preferences. Depending on the Service, collection and use of Personal Data may be required for the Services to work.
We will retain your Personal Data for as long as you maintain an account or as otherwise necessary to provide you the Services. We will also retain your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Where permissible, we will also delete your Personal Data upon your request. If you would like us to delete your data, please email us through [email protected] with your name and e-mail address and also provide exact instructions to “Delete your personal data and/or any data we store relating to you”
If you have questions about our data retention practices, please contact [email protected].
We implement appropriate technical and organisational safeguards to protect against unauthorised or unlawful processing of Personal Data and against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data. Please be advised, however, that we cannot fully eliminate security risks associated with the storage and transmission of Personal Data.
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The cookies used by Three Hundred and Sixty Degrees Expeditions are intended to enable or facilitate communication, to enable the services requested by users to be supplied, to recognise users when they re-visit the site or other preferences necessary for the service requested to be supplied.
Used to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited.
Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, please visit www.allaboutcookies.org