Terms & Conditions
In these Terms, when we say you or your, we mean you, or if you are an individual making a booking on behalf of a group of individuals (Lead Traveller), both you and all travellers of your group for whom you are booking, and any entity you are authorised to represent (such as your employer). When we say we, us, or our, we mean Plotpackers Ltd, a company registered in England and Wales with company number 14517799. We and you are each a Party to these Terms, and together, the Parties.
These Terms form our contract with you, and sets out our obligations as a service provider and your obligations as a customer. You cannot book a Package unless you agree to these Terms.
Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Information Regulations) allow for a 14-day cancellation period for contracts entered into by a consumer off-premises or at a distance. You agree that these Terms relate to a purchase of a package holiday, and these Terms are therefore a package travel contract within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018. Accordingly, pursuant to Regulations 6(1)(g) of the Information Regulations, the Information Regulations do not apply to these Terms and the statutory right to cancel under the Information Regulations does not apply to the purchase of the Package under these Terms. Your right to cancel these Terms, and the Package, are as set out in these Terms.
For questions about these Terms, or to get in touch with us, please email: info@plotpackers.com.
These Terms were last updated on 21 November 2024.
1. Acceptance, Engagement and Term
- You accept these Terms by checking the box or clicking ‘I Accept’ when purchasing a Package through the Site.
- These Terms apply from the date that you accept these Terms until the date that is the earlier of:
- the date set out on the Site;
- the date the services the subject of the Package are completed (as reasonably determined by us); or
- the date on which these Terms are terminated,
(Term)
2. Services
- In consideration of your payment of the Price, we will provide the Package in accordance with these Terms, whether ourselves or through our Personnel.
- You may select your travel package on our Site, which may include accommodation, transportation within the destination, guided activities and excursions, meals and entry fees to attractions (Package). The inclusions of each Package will be set out on their respective booking pages on the Site. We will not be responsible for any services unless expressly set out in the inclusions of the Package on the checkout page at the time of making a booking. For the avoidance of doubt, unless stated otherwise, the Package does not include flights to and from the intended travel destination, travel insurance, and personal expenses.
- We reserve the right to make minor changes to your Package where unforeseen circumstances arise. Where we need to make any material changes to the Package, we will communicate these to you as soon as reasonably possible and will use our best endeavours to ensure that any changes result in the Package being of an equivalent or higher quality.
- Where your Package includes accommodation, the named accommodation will remain confidential until the Deposit has been paid by you.
- All variations to the Package must be agreed in writing between the Parties and will be priced in accordance with any schedule of rates provided by us, or otherwise as reasonably agreed between the Parties. If we consider that any instructions or directions from you constitute a variation to the scope of the Package or our obligations under these Terms, then we will not be obliged to comply with such instructions or directions unless agreed in accordance with this clause.
3. Group Bookings
- Where a booking is made on behalf of multiple individuals (Group Booking), the Lead Traveller warrants that they have the authority to accept these Terms on behalf of all travellers in the group. The Lead Traveller is responsible for ensuring that the other travellers in the group are aware of and agree to these Terms, providing full and accurate information to all travellers in the group and communicating any other relevant information.
4. Communicating with you
- Important information about any tours or activities, including accommodation details, will be communicated to you via a group chat approximately 30 days before the tour start date. You agree to join and monitor this group chat for important updates regarding your Package and agree to provide us with accurate and complete contact details to facilitate this.
5. Meals
- Unless explicitly stated otherwise, breakfast is not included where accommodation forms part of your Package. Where breakfast is included, the type of breakfast provided will be confirmed upon arrival at the accommodation.
- Where you have made a Group Booking, meals may require pre-ordering by the Lead Traveller. We are not responsible for any issues with ordering your meals where the Lead Traveller has incorrectly completed the pre-order.
- Group Bookings may be limited to a set menu with restricted choices, depending on the third-party supplier for accommodation. We will endeavour to accommodate specialist dietary requirements; however, we cannot guarantee that all such requests will be met due to our reliance on third party suppliers.
- You represent, warrant and agree that you will disclose any known allergies or dietary requirements to us as soon as your booking has been confirmed and that you will bring a personal allergy card translated into the local language(s) of the intended travel destination(s). We will use our best endeavours to accommodate any dietary requirements made known to us at least 30 days prior to the Package start date. You acknowledge and agree that we are not medical professionals and do not provide medical treatment. You are solely responsible for determining the suitability of the meals or treatment for your personal requirements and you should consult a qualified medical practitioner if you have any health concerns or questions about potential dietary requirements or allergies.
- Where our suppliers are unable to accommodate your dietary requirements, we will endeavour to provide you with advance notice to allow you to make suitable alternative arrangements. To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any Liability arising from or in connection with your failure to disclose any allergies or dietary requirements 30 days prior to the intended date of travel.
6. Accounts
- You may create an account in order to purchase the Package from us (Account). You must ensure that any personal data you give to us when creating an Account is accurate or up to date.It is your responsibility to keep your Account details confidential. You are responsible for all activity on your Account, including purchases made using your Account details.
7. Your Obligations
- You agree to (and to the extent applicable, ensure that your Personnel agree to):
- comply with these Terms, all applicable Laws, and our reasonable requests;
- provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Package; and
- not (or not attempt to) disclose, or provide access to, the Package to third parties without our prior written consent.
- You agree to pay our additional costs reasonably incurred as a result of you failing to comply with this clause 7.
8. Price and Payment
- In consideration for us providing the Package, you agree to pay all amounts due under these Terms in accordance with the Payment Terms. You must pay us the Price of your chosen Package as set out on the Site. You will not be entitled to any part of the Package until the Price has been paid in full.
- When purchasing a Package, you may choose to either pay the Deposit and the remainder of the final balance due 90 days prior to the intended date of travel, or the full balance upfront.
- In accordance with the Package Travel and Linked Arrangements Regulations 2018, all your payments are protected through an independent trust account managed by Protected Trust Services Ltd. This financial protection is provided at no cost to you and covers the entire Price (including the Deposit, if any). For further information, you can contact Protected Trust Services Ltd at www.protectedtrustservices.com
- You must not attempt to pay the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make payment.
- The payment methods we offer are set out on the Site. We may offer payment through a third-party provider, Protected Payment Services. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
- We may, from time to time, issue promotional discounts for certain Packages on the Site. To claim the discount, you must enter the promotional discount code at the time of purchasing a Package through the Site.
- If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion, and without prejudice to any of our rights or remedies under these Terms or at Law):
- after a period of 5 Business Days from the relevant due date, cease providing the Package, and recover, as a debt due and immediately payable from you, our reasonable additional costs of doing so (including all recovery costs); and/or
- charge interest at a rate equal to the Bank of England’s base rate, from time to time, plus 4% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the relevant due date in accordance with the Payment Terms.
- All amounts payable by you under these Terms are inclusive of amounts in respect of value added tax chargeable from time to time (VAT), unless otherwise stated. Where any taxable supply for VAT purposes is made under these Terms by us to you, you agree, on receipt of a valid VAT invoice from us, to pay to us such additional amounts in respect of VAT as are chargeable on the supply of the Package at the same time as payment is due for the supply of the Package to you.
9. Cancellations
Where you wish to cancel
- You may cancel your booking for up to a period of 90 days prior to the intended date of travel for the Package you have booked. You may allocate your Deposit and final balance payments made, to the balance of a future trip. For the abundance of clarity, any payments made by you are non-refundable but can be transferred to future bookings with us where you provide us with notice to cancel 90 days prior to the intended date of travel.
- Where you cancel within 90 days of the intended date of travel, the Price will constitute the cancellation fee. You acknowledge and agree that this is a genuine pre-estimate of our losses arising as a result of your failure to give us the correct notice to cancel.
- Notwithstanding any other provisions in these Terms, all Packages involving trips to Mount Kilimanjaro and Mount Everest are non-refundable and non-transferable. You acknowledge and accept that retention of the Price in these circumstances is a genuine pre-estimate of our losses arising as a result of your cancellation. These trips involve significant advance planning, limited permits and substantial upfront costs involved in organising the specialised expedition.
- If you want to cancel the Package, you should make a request in writing via the ‘manage your booking’ page on our Site.
Where we may cancel
- In the event that we need to cancel your Package, for example, where there are safety concerns due to adverse weather conditions which cannot be reasonably overcome, we will use reasonable endeavours to reschedule the trip on a mutually convenient date or provide a full refund of the Price.
10. Warranties and Representations
- Each Party represents and warrants that:
- it has full legal capacity, right, authority and power to enter into these Terms and to perform its obligations under these Terms; and
- these Terms constitute a legal, valid and binding agreement, enforceable in accordance with its terms.
- You represent and warrant that:
- all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
- you will behave in a safe, responsible, and respectful manner at all times and comply with our reasonable instructions or the regulations and codes of practice issued by us or our third party suppliers;
- you will respect and adhere to all local laws, regulations, customs and cultural norms of the destinations visited during the tour. This includes but is not limited to dress codes, behaviour in religious sites, photography restrictions and local etiquette. You acknowledge that failure to do so may result in legal consequences, exclusion from tour activities or a material breach of these Terms and termination of your participation in the tour without a refund;
- you will comply with all age restrictions imposed by our third party suppliers in relation to any of the activities that are included in your Package;
- you will comply with all arrival times applicable to the relevant Package and its itinerary details;
- you will take out valid travel insurance prior to your intended date of departure;
- you are at least 18 years of age before the first day of the intended date of departure;
- you will sign a waiver and emergency contact form prior to trip commencement, and understand that failure to do so will result in being unable to participate on the trip.
- you are in good health and proper physical condition to participate in the tour activities, including the ability to walk long distances outdoors;
- you understand and accept all risks associated with participating in the tour activities, including but not limited to risk of injury, illness and death and you will sign our waiver prior to commencing your Package;
- if you choose to consume alcohol during the tour activities, you must ensure you are legally entitled to do so and will carry valid government issued identification with you;
- you will provide us with your passport details on our request;
- the emergency contact details you provide to us are accurate and complete; and
- no insolvency events (including but not limited to bankruptcy, receivership, voluntary administration, liquidation or creditors’ schemes of arrangement) affecting you or your property are occurring or are likely to occur.
11. Intellectual Property
- All intellectual property developed, adapted, modified or created by or on behalf of us or our Personnel, whether before or after the date of acceptance of these Terms, will at all times vest, or remain vested, in us. As between the Parties, any intellectual property created in the provision of the Package will at all times vest, or remain vested, in us upon creation. To the extent that ownership of such intellectual property rights in any new intellectual property and/or improvements to the new intellectual property or our intellectual property do not automatically vest in us, you agree to do all things necessary or desirable to assure our title to such rights.
- Nothing in these Terms constitutes a transfer or assignment of any intellectual property rights.
- This clause 11 will survive termination or expiry of these Terms.
12. Confidential Information
- Subject to clause 12.2, each Party must (and must ensure that its Personnel) keep confidential, and not use (except to perform its obligations under these Terms) or permit any unauthorised use of, information provided by the other Party, including information about these Terms and the other Party’s business and operations.
- Clause 12.1 does not apply where the disclosure is required by Law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with these Terms and provided that the disclosing Party ensures the adviser complies with the terms of clause 12.1.
- This clause 12 will survive the termination of these Terms.
13. Privacy
- We will comply with all Applicable Data Protection Law with respect to the transfer or processing of any Personal Data in connection with these Terms.
- We handle your personal data in accordance with our privacy policy, available here https://plotpackers.com/privacy-policy/.
14. Liability
- Nothing in these Terms limits any Liability which cannot legally be limited, including liability for:
- death or personal injury caused by negligence; and
- fraud or fraudulent misrepresentation.
- Subject to clause 14.1, but despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for and you waive and release us from and against any Liability arising from or in connection with:
- your failure to follow any reasonable instructions provided by us or our third party suppliers in relation to the Package;
- your failure to provide us with any information requested by us or our third party suppliers in relation to the Package; and
- any breaches by you of any Laws applicable in the destination country.
- Subject to clauses 14.1 (liability which cannot legally be limited) and 14.2 (exclusions to our liability), but despite anything to the contrary, to the maximum extent permitted by law:
- where you use the Package for any commercial, business or re-sale purpose we will have no liability to you for any Liability involving any loss of profit, loss of business, business interruption, or loss of business opportunity;
- a Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party, including any failure by that other party to mitigate its loss; and
- our aggregate liability for all Liability arising from or in connection with these Terms will be limited to 300% of the Price paid or payable by you.
- This clause 14 will survive the termination or expiry of these Terms.
15. Termination
- These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
- the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
- (to the extent permitted under the Companies Act 2006) any step is taken to enter into any arrangement between the Defaulting Party and its creditors, any step is taken to appoint a receiver, a receiver and manager, a liquidator, or like person of the whole or any part of the Defaulting Party’s assets or business, the Defaulting Party is bankrupt, or the Defaulting Party is unable to pay its debts as they fall due.
- Upon expiry or termination of these Terms:
- we will immediately cease providing the Package;
- you are to pay for any part of the Package provided prior to termination, including any Package which has been provided and has not yet been invoiced to you, and all other amounts due and payable under these Terms;
- by us pursuant to clause 15.1, you also agree to pay us our additional costs, reasonably incurred, and which arise directly from such termination (including recovery fees); and
- we may retain your documents and information (including copies) to the extent required by Law or pursuant to any information technology back-up procedure, provided that we handle your information in accordance with clause 12.
- Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
- This clause 15 will survive the termination or expiry of these Terms.
16. General
- Amendment: Subject to clause 2.5, these Terms may only be amended by written instrument executed by the Parties.
- Assignment: Subject to clauses 16.3 and 16.14, a Party must not assign, novate or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
- Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
- Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a Party to it.
- Disputes: A Party may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) without first complying with this clause 16.5. A Party claiming that a Dispute has arisen must give written notice to the other Party specifying the nature of the Dispute (Dispute Notice). The Parties must meet (whether in person, by telephone or video conference) within 10 Business Days of service of the Dispute Notice to seek (in good faith) to resolve the Dispute.
If the Parties do not resolve the Dispute within 20 Business Days of the date the Dispute Notice was served (or such further period as agreed in writing by the Parties), either Party may:- where you are resident or incorporated in the UK, refer the matter to mediation, administered by The Centre for Effective Dispute Resolution, to be conducted in England and Wales, in accordance with the Model Mediation Procedure.
- where you are not resident or incorporated in the UK, refer the matter to arbitration administered by the London Court of International Arbitration (LCIA), with such arbitration to be conducted in London, before one arbitrator, in English and in accordance with the LCIA Arbitration Rules.
Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
- Entire Agreement: Without limiting any of your consumer law rights (if applicable), these Terms contain the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersede all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
- Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on the benefit of this clause:
- as soon as reasonably practical, notifies the other Party in writing details of the Force Majeure Event, and the extent to which it is unable to perform its obligations; and
- uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
Where the Force Majeure Event prevents a Party from performing a material obligation under these Terms for a period in excess of 60 days, then the other Party may by notice terminate these Terms, which will be effective immediately, unless otherwise stated in the notice. This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under these Terms.
- Further Assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and their obligations under it.
- Governing Law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
- Notices: Any notice given under these Terms must be in writing addressed to the addresses set out in these Terms, or the relevant address last notified by the recipient to the Parties in accordance with this clause. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
- Publicity: Despite clause 12, with your prior written consent, you agree that we may advertise or publicise the broad nature of our supply of the Package to you, including on our website or in our promotional material.
- Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
- Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
- Subcontracting: We may subcontract the provision of any part of the Package without your prior written consent. We agree that any subcontracting does not discharge us from any liability under these Terms and that we are liable for the acts and omissions of our subcontractor.
- Waiver: Any failure or delay by a Party in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent that Party from exercising that power or right or any other power or right. A waiver must be in writing and will be effective only to the extent specifically stated.
17. Definitions
In these Terms, unless the context otherwise requires, capitalised terms have the meanings given to them on the Site, and:
Applicable Data Protection Law means the laws and regulations applicable to the processing of Personal Data by the Parties in connection with these Terms, including without limitation, the Data Protection Act 2018.
Business Day means a day on which banks are open for general banking business in London, England, excluding Saturdays, Sundays and public or bank holidays.
Deposit means the deposit as set out on the Site.
Expenses means any third party costs or disbursements, reasonably and directly incurred by us and approved in advance by you for the purpose of the supply of the Package.
Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
Law means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with these Terms or the supply of the Package.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.
Payment Terms means the timings for payment of the Price and any Expenses, as set out on the Site.
Personal Data has the meaning given to it in the Data Protection Act 2018.
Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.
Price means the price set out in the Site, as adjusted in accordance with these Terms.
Site means our website, available at https://plotpackers.com/.
Terms means these terms and conditions and any documents attached to, or referred to in, each of them.
18. Interpretation
In these Terms, unless the context otherwise requires:
- a reference to these Terms or any other document includes the document, all schedules and all annexures as novated, amended, supplemented, varied or replaced from time to time;
- a reference to any legislation or law includes subordinate legislation or law and all amendments, consolidations, replacements or re-enactments from time to time;
- a reference to a person includes a natural person, body corporate, partnership, joint venture, association, government or statutory body;
- a reference to a party (including a Party) to a document includes that party’s executors, administrators, successors, permitted assigns;
- a reference to a covenant, obligation or agreement of two or more persons binds or benefits them jointly and severally;
- a reference to time is to local time in London, England; and
- a reference to £ or pounds refers to the currency of the UK from time to time.
19. Voucher offers
Where vouchers are redeemable in addition to a percentage discount from a discount code, please note that the following terms apply:
- the voucher is redeemable once the final balance has been paid on the Package booking the ‘discount code + voucher’ offer was used on
- the voucher can be used one time for the amount specified on the offer, and would be split proportionately across the deposit and final balance payments of a future non-creator package booking
- the voucher can be redeemed via emailing info@plotpackers.com with a link to the trip you wish to redeem the voucher against BEFORE signing up to that package
- the voucher is redeemable for a period of 18 months from the date the voucher becomes redeemable
- a reference to £ or pounds refers to the currency of the UK from time to time.
Vouchers and promotional codes do not apply to creator Packages.
Please note that only one voucher code or promotional code can be applied to an order. Vouchers and promotional codes cannot be utilised in combination.