Terms & Conditions
Applicable to all bookings made on or after 1st January 2023. Please read and accept the full terms below for more information prior to booking onto an expedition.
Please read the full terms below for more information and for other important rights and obligations.
1.1 Our details
Your booking is with Kaush Media Ltd with registered office address at 58 Oakfield Road, Bristol, BS8 2BG, UK (“we”, “us”, the “Company” or “our”). These terms and conditions (the "Agreement") describe what you are legally entitled to expect from us when you purchase travel related services through us, in addition to your obligations as a customer. Our website, which is referred throughout this Agreement, can be found at kaush.net.
1.2 The Expedition Participant
The expedition participant (“you, the “Participant”) represents and warrants to Kaush Media that he/she/they is a major (18 years or older) and free to enter into this agreement and that his/her performance hereunder will not conflict with any other agreement to which he/she may be party. The expedition participant has read the above authorisation, release and agreement, prior to its execution, and is fully familiar with the contents of this agreement. This document shall be binding upon the expedition participant, their legal representatives, and their assigns.
We sell eco-tourism and diving trips from a number of different suppliers and service providers ("Suppliers"). Each Supplier has its own terms and condition that are applicable to your particular arrangements in addition to our general terms and conditions, and you should make sure you understand them. We act as intermediary or a "Booking Agent" for products and services that are not directly supplied by us (e.g., air carriage and ground transportation, hotel accommodations, meals, tours, cruises, diving etc.). We are not a co-vendor of such products and services. You will be entering into a separate contract with such Suppliers in connection with such products and services.
We request that to support us in limiting the spread of COVID-19, everyone travelling on one of our trips is double vaccinated against COVID-19, and has a negative COVID test conducted no more than 72 hours before joining the trip as a condition of travel.
Please ensure that you understand this Covid-19 travel policy and can comply with it before you travel with us.
Due to the changing travel restrictions related to the Coronavirus pandemic, it is necessary for us to feature contingency start dates for our trips, to be implemented if travel restrictions are updated due to a change in Government guidance of your home or host nation. By agreeing to these terms and conditions, you are accepting your trip start date may be moved to the stated contingency date and no refunds of deposits or balances paid are applicable. In circumstances where we are no longer able to start the trip on the original date, we will notify you of the move to the contingency start date. If continued restrictions mean the trip cannot start on the contingency date, we will issue a refund as per the terms set out in section 8.
3. Your Booking
3.1 Booking Confirmation
A booking will exist as soon as we issue our booking confirmation email (the “Booking Confirmation”). This booking is made on the terms of these booking conditions. If the person making the booking (the “lead name”) is booking on behalf of a party, the lead name guarantees that they have the authority to accept and do accept on behalf of their party.
We will endeavour to confirm or decline your booking for a trip within 14 working days of the receipt of your completed booking form and deposit payment. If for any reason we cannot accept you onto your requested trip, then we will offer you an alternative or immediately refund the deposit that you have paid. You may, at your discretion, refuse any offered alternative and in this event we shall immediately refund the deposit that you have paid. If we are able to offer you a suitable trip then we shall send you a Booking Confirmation via email together with an invoice for the Final Payment.
3.2 Booking Details
Whether you book alone or as a group, we will only deal with the lead name in all subsequent correspondence, including changes, amendments and cancellations. The lead name is responsible for ensuring the accuracy of the personal details or any other information supplied in respect of yourself and any other person travelling on the booking and for passing on any information regarding the booking or any changes made in relation thereto, to all persons travelling on such booking, including but not limited to information on schedule changes or copies of booking confirmations.
When you receive the Booking Confirmation and your travel documents please check the details carefully and inform us immediately if anything is incorrect. Names on travel documents must exactly match those in your passports. Unless we are responsible for the mistake, we will not accept liability if an airline or other supplier refuses boarding because the name(s) shown in your passport differ from those on your ticket. Travel documents will be sent or emailed to you (to the address given to us by the lead name at the time of booking) approximately 2-3 weeks before your departure, and will not be issued unless payment of the due balance has been received.
We may not be able to confirm some of our ground arrangements straight away (e.g. bespoke accommodation, expeditions etc.). In these instances, we may issue a Booking Confirmation. However, a contract for arrangements that have not been confirmed on that Booking Confirmation will only be made when we have sent you written confirmation that those additional arrangements have been completed. If there is any change to any of the details discussed at the time of booking, before the Booking Confirmation is issued, we will notify you promptly of any new or changed details, including a change to the total price (if any). If any detail on the Booking Confirmation is not correct tell us or your travel organiser immediately.
3.3 Fit to travel
All participants are expected to satisfy themselves prior to booking that they are fit and able to complete the itinerary of their chosen expedition. By booking an expedition you acknowledge that this is an active expedition which may test your physical ability and may consist of strenuous and demanding activities. You are therefore responsible for ensuring you are aware of the nature of the associated activities and physical requirements before you book. By confirming your booking with us, you acknowledge that you have the appropriate levels of ability, fitness and good health to safely participate in all aspects of the expedition itinerary. Your personal safety is of paramount importance to us and therefore it is imperative that you advise us at the time of booking of any condition, medical or otherwise, that might affect your or other people’s enjoyment of the trip. This should include, but not be limited to, any special dietary requirements (including, for example, allergies) and any reduced mobility affecting you or members of your booking.
If we deem necessary for the activities included in the expedition itinerary, we may request that you shall undergo a full health check and produce a medical certificate in respect of such health check no later than 8 weeks prior to your Trip’s scheduled start date. If you have applied for a expedition that requires scuba diving, you shall confirm that you are medically fit to participate in such a course by providing a dive certificate of health prepared by a qualified Doctor no later than 8 weeks prior to your scheduled start date.
3.4 What is NOT included in your expedition fee
Flights (unless specified on expedition page)
Visa expenses and insurance
Optional extra activities (outside of the program itinerary)
Alcohol / soft drinks
Unless otherwise specified, all bookings are based on shared occupancy. A single supplement is usually charged where one person necessitates single occupancy in accommodation, irrespective of whether by choice or circumstance. If this applies, you will be advised of this during the booking process.
4. Paying Your Deposit & Final Balance
4.1 Non-Refundable Deposit
When you make your booking, you must pay the non-refundable deposit as stated with the submission of your booking form (the amount will be specified on the trip page generally and is at least 20% per person of the price of your selected travel itinerary or a minimum £500 per person or equivalent). Payment of your deposit confirms you comply with our terms of service.
The idea of a deposit is a commitment from the expedition participant towards the trip. We need to pay suppliers (boats, hotels, dive shops) in advance, so we require some security that you plan to come. Unless you cancel very last minute we usually can find a replacement for you, in which case you receive the full refund minus bank transfer costs and a handling fee. We also offer this service after full balance has paid, if we can find a replacement. However, if you cancel and we can not find a replacement, we are liable to pay the operator the entire space, and your deposit or full payment will be used to cover these costs.
4.2 Paying Your Balance
The balance of the price of your travel arrangements (calculated after the deduction of your deposit payment) must be paid at least 90 days before your trip start date. In certain cases, we may request full payment more than 90 days before departure where, for example, overseas suppliers require full payment on booking. If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements. If the balance is not paid in time, we shall retain your deposit. If you are booking within 8 weeks of your intended departure then we require full payment within two weeks of deposit payment and booking confirmation.
4.3 Non-transferable and non-refundable items
You may be required to pay for any non-transferable and non-refundable items such as National Park entrance fees and Permits, and in some cases for accommodation and services at peak times of travel or where accommodation and spaces are limited. You will be advised of all such charges due at the time of booking and before your booking is confirmed. You may also be required to pay for any non-transferable and non-refundable items, such as special domestic air fares, tickets or entry permits and any other applicable supplements due, at the time of booking and they may be non-refundable in the event of cancellation.
4.4 Transfer Fees
Expedition participants are responsible for paying any/all banking and transfer fees associated with paying a deposit or booking onto a Kaush Media Expedition. In the instance of a refund from us, Kaush Media will not be liable to pay any banking and transfer fees incurred by the participant.
All prices we advertise are accurate at the date published, but we reserve the right to amend prices upwards or downwards at any time. In the unlikely event of an administrative error leading to an incorrect price being displayed, we reserve the right to correct it (including after a booking has been confirmed). Before you make a booking, we will give you the up-to-date price of your chosen expedition including the cost of any supplements, upgrades or additional facilities which you have requested. When the price per person is dependent on the number of people in the accommodation and the number of people changes, the price will be recalculated based on the new party size. Any increase in price payable is not a cancellation charge. A separate cancellation charge will be levied in respect of bookings cancelled. A new Booking Confirmation will be issued as appropriate on which the cancellation charge will be shown.
5. Confirmation of your travel arrangements
The majority of our travel itineraries require a minimum number of passengers to book onto them to reach the minimum numbers before they are confirmed to operate. You will be made aware of this at the time of booking and once this threshold has been met we will notify you that your travel arrangements are confirmed. We strongly recommend that you make no travel arrangements to your point of departure, make any connecting travel that is non-refundable or non-changeable or incurs penalties or incur any costs in respect of visas or vaccinations until such time as your travel itinerary has been confirmed and is showing as “Guaranteed” on your invoice. If you make such arrangements which you are then unable to use due to a change in your itinerary we shall not be liable to you for the cost of those arrangements.
6. If You Cancel Your Booking
6.1 Requesting Cancellation
You, or any member of your party, may cancel your travel arrangements at any time. Should you have to cancel your booking we ask that you advise us promptly by email, written notification from the lead name or your travel organiser must be received at the following address: firstname.lastname@example.org.
6.2 Cancellation Charges
Since we incur costs in cancelling your travel arrangements, you will have to pay cancellation charges as follows (see also the exceptions below):
More than 90 days: Deposit are non-refundable but can be transferred to a new booking made within 6 months of the date the original booking was cancelled. Any additional payments you have made to us will be refunded. This excludes all non-refundable costs as set out in clause 4.3.
Between 89 and 61 days (inclusive): Deposit are non-refundable but can be transferred to a new booking made within 6 months of the date the original booking was cancelled (at the discretion of Kaush Media, and if capacity allows). If cancelling instead of transferring, expedition participants will be charged 50% of the booking value. This excludes all non-refundable costs as further explained in clause 4.3
+ Between 60 and 31 days (inclusive): Deposit are non-refundable and cannot be transferred. Expedition participants will be charged 80% of the booking value.
+ If you cancel your booking less than 30 days before the expedition start date, you will not be refunded for any of the booking value.
For the avoidance of doubt, in the event that you have not paid the applicable booking value (the trip price) at the date of termination then you shall be liable for the balance of the booking value (the trip price) due less any amount due to be refunded.
Certain trips may involve different cancellation charges; you will be advised if this is applicable to your expedition during the booking process.
Notes (i) Your deposit is non-refundable and is transferable only (subject to the above cancellation tables); (ii) If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges; (iii) as stated, certain travel arrangements are non-refundable and are subject to higher cancellation charges and could incur a cancellation charge of up to 100% of that part of the arrangements from the moment the booking is confirmed.
7. If You Change Your Booking
7.1 Making changes to your booking
If, after our Booking Confirmation has been issued, you wish to change your travel arrangements in any way, for example, your chosen departure date or accommodation, we will do our utmost to make these changes, but it may not always be possible. Any request for changes to be made must be in writing from the lead name or your travel organiser. You will be asked to pay an administration charge of £50, and any further cost we incur in making this alteration (including those charged by third party suppliers who provide the component parts of your booking). You should be aware that these costs could increase the closer to the departure date that changes are made, and you should contact us as soon as possible. Note: Certain travel arrangements may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.
7.2 Transferring your booking to someone else
You can transfer your booking to another person, who satisfies all the conditions that apply to this booking, by giving us notice in writing at least 14 days before departure provided that the new lead passenger accepts the transfer and these booking conditions. Both you and the new traveller are responsible for paying all the costs we incur in making the transfer. Please bear in mind that certain domestic airlines and other transport providers treat changes as a cancellation and charge accordingly, up to 100% of the cost for that part of the arrangement. Where applicable these charges will be passed on to you.
7.3 Transferring your booking to another expedition
If you want to transfer your booking to another trip or the following year, you can do this free of charge, capacity allowing, but please inform us immediately. If the project is longer or more expensive, you will be invoiced for the difference in price. If the project is shorter your final invoice will be adjusted accordingly. You may not change your program less than 60 days before your original program start date. Any extra costs such as flight changes will be at your own account.
7.4 If you leave the trip before the end-date
If you leave the expedition before the specified trip end-date other than as a result of our breach of this Agreement, no refund will be made to you. If there is a dispute, and the parties cannot come to an agreement, then there will be an option to use an independent arbitrator that the parties shall agree to appoint together to decide whether a refund is warranted.
8. If Kaush Media Cancels Your Booking
8.1 If we cancel your booking
Kaush Media reserves the right to cancel your booking. We endeavour not to cancel an expedition unless in exceptional circumstances (as defined in clause 8.4), or failure by you to pay the deposit and/or final balance, or because the minimum number required for the trip to go ahead hasn’t been reached.
8.2 Minimum number
The minimum number required will be provided to you on the expedition page. If the minimum number had been reached but we experience late cancellations by other participants which means that the minimum number is no longer met, we reserve the right to cancel an expedition 20 days before the start of the package.
If your trip is cancelled by us, we will try and provide a suitable expedition alternative of comparable standard (we will refund any price difference if the alternative is of a lower value), or you can choose to accept a full refund. In the case that the local operator of your trip cancels without reason we will do our best to secure funds from our suppliers. We will negotiate with our suppliers and aim to provide the best possible compensation.
8.4 Unavoidable / extraordinary circumstances
We reserve the right to cancel if the expedition is significantly affected by unavoidable and extraordinary circumstances, including but not limited to: war, threat of war, airport closures, airspace closures, epidemic, significant risks to human health such as the outbreak of a serious disease at the travel destination, natural or nuclear disaster, serious security problems such as terrorist activity, civil unrest or events arising out of political instability, industrial dispute or strikes, bad weather (actual or threatened), other force majeure events and UK Foreign, Commonwealth & Development Office (FCDO) advising against travel to a particular destination. In these cases, we will try and provide an alternative date or suitable expedition alternative of comparable standard.
9. If Kaush Media Changes Your Booking
9.1 Changes to the price
We can change your expedition price after you’ve booked, only in certain circumstances:
Changes in the price of the carriage of passengers resulting from changes to the cost of fuel or other power sources, the level of taxes or fees imposed by third parties including expeditions taxes, landing taxes or embarkation or disembarkation fees at ports and airports, or exchange rates mean that the price of your travel arrangements may change after you have booked.
However, there will be no change within 30 days of your start date.
We will absorb, and you will not be charged for, any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that. If this results in an increase equivalent to more than 8% of the price of your travel arrangements, you will have the option of accepting a change to another expedition if we are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel, you must do so within the time period shown on your final invoice.
Should the price of your expedition go down due to the cost changes mentioned above, then any refund due will be paid to you. We will deduct from this refund our administrative expenses incurred. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
9.2 Changes other than the price
We undertake not to make significant changes to your booking. However, since we operate in many Global South countries, from time to time certain aspects will change between the planning stages and the expedition delivery. These can include (but are not limited to) details of accommodation, transportation between sites and expedition itinerary.
9.2.1 Insignificant changes
It is a term of your booking that we are able to make changes to any aspect of your booking. If the change is insignificant, we will ensure that you are notified about it. Examples of insignificant changes include, change of accommodation to another of the same or higher standard and/or changes of domestic transportation.
As set out in section 2 of these terms, for reasons of the COVID-19 pandemic, we have including a contingency start date for all of our trips, which will be confirmed to you at the time of booking. By agreeing to these terms and conditions, you are accepting your trip start date may be moved to the stated contingency date and therefore such a change is not defined as significant.
9.2.2 Significant changes
If we are forced by circumstances beyond our control to alter significantly any of the main characteristics of the travel services that make up your package you will have the rights set out below.
We will contact you and you will have the choice of accepting the change or having a refund of all monies paid. You can also accept an alternative expedition, where we offer one (we will refund any price difference if the alternative is of a lower value). We will tell you the procedure for making your choice. Please read any notification of changes carefully and respond promptly as if you do not respond to us within the timescale given your booking may be cancelled.
10. Travel Insurance
10.1 Required Insurance for Expedition Participants
Adequate and valid travel, dive and medical insurance for your chosen itinerary is compulsory for all travellers and it is a condition of accepting your booking that you agree you will have obtained adequate and valid travel insurance. We recommend you take out insurance as soon as your booking is confirmed. You are strongly advised to insure yourself against any possible risk that may occur and in particular ensure that you have sufficient insurance in respect of dependent relatives and force majeure events. A copy of these must be sent to Kaush Media prior to your departure and you are required to carry proof of insurance with you.
Kaush Media will not be responsible for costs you may incur as a result of not having valid or adequate travel insurance. It is the responsibility of all our participants to declare any material facts including known medical conditions to their insurers, as failure to do so may result in a claim being reduced or declined.
You are responsible for ensuring that you are in possession of travel insurance for the entire duration of the expedition in respect of at least medical expenses, injury, death, repatriation, cancellation and curtailment, flight and travel delays, loss of personal baggage or theft of possessions etc, with cover/benefits equal to/greater than the insurance we offer.
10.2 Activities / Dive Insurance
You must ensure that there are no exclusion clauses which limit cover for the type of activities included in your travel arrangements as detailed in the trip notes, or the altitudes attained, in your expedition. For those participating in in-water activities, it is the responsibility of the participant to ensure the appropriate dive insurance has been purchased. Participants will not be allowed to dive with the expedition without such insurance. Should this occur and the participant requests a refund for said activity, no refund shall be given.
10.3 COVID-19 Insurance
Your insurance should also include cover against COVID-19 and other health related incidents which may affect or curtail your booking.
11.1 Breach of terms by the participant
The participant agrees to hold Kaush Media and it’s agents harmless against all costs, expenses and losses (including reasonable attorney fees and costs) incurred through claims of third parties against Kaush Media based on a breach by you, the expedition participant, of any representation and warranty made in this agreement.
11.2 Failure to perform
You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. Kaush Media will not be liable where any failure to perform or improper performance of the travel services is due to (i) you or another member of your party; (ii) a third party unconnected with the provision of the travel services in the package and is unforeseeable or unavoidable; or (iii) unavoidable and extraordinary circumstances (as defined in clause 8.4).
11.3 Expenses outside of the start time
If you are joining a guided expedition locally (i.e. not starting with the group from the UK) our responsibility does not commence until the appointed start time, we shall not be responsible for any additional expenses incurred by you to meet up with the group. Kaush Media's responsibility commences with the start of the first service listed on your Confirmation Invoice.
11.4 Standards of service
We may operate trips in regions where standards of accommodation, transport, safety, hygiene, medical facilities, and other infrastructure may, at times, be lower than those you normally expect and will vary throughout the trip. Your booking is accepted on the understanding that you realise the hazards involved in this kind of expedition, including injury, disease, loss or damage to property, inconvenience, and discomfort. The suppliers of the services and facilities included in your expedition should comply with local standards where they are provided. We will not be liable to you in respect of any of your personal property that is lost, stolen or damaged before, during or after an expedition.
11.5 Trip Itinerary
The outline itineraries given for each expedition are subject to change. Changes in itinerary may be caused by local political conditions, flight cancellations, mechanical breakdown, weather, border restrictions, sickness, or other unforeseeable circumstances. Pro-rata refunds will be given for services not utilised wherever possible. Please note that the timings of air, sea, road or rail departures are estimates only. These timings may be affected by operational difficulties, weather conditions or failure of passengers to check in on time.
Please be assured that our service providers will always do the utmost to ensure your safety and well-being when on expedition. On certain expeditions on which our local service providers will on day 1 of the expedition ask you to sign an ‘Acceptance of Risk’ form prior to accepting your participation on the expedition. Where this is the case details are outlined in the expedition page and you may request a copy of the applicable form by contacting us. Note: this entire clause does not apply to any separate contracts that you may enter into directly for excursions or activities (such as scuba diving) whilst on the expedition, for which liability rests with the excursion provider and not us.
Participation in any of the Activities involves certain risks which may result in injury or death. This warning does not purport to describe or disclose all risks associated with participation of the Activities. There are a wide range of inherent risks when engaging in sports and particularly underwater sports; for example, with diving there is the risk of decompression sickness, embolism or other hyperbaric injury can occur that requires treatment in a recompression chamber. Scuba diving, snorkelling and freediving may be conducted at sites that are remote, either by time or distance, from emergency services or recompression facilities. Scuba diving, snorkelling and tours will involve uncontrolled encounters with wild animals which bears the risk of stings, bites, and at the extreme end, more serious injury and death. Participants should be responsible and aware of animal behaviours and their own interactions and engage in these activities entirely at their own risk.
By agreeing to these booking terms and conditions, you accept that all sports and travel carry some risk of personal injury. You have the right to refuse the taking of any risks which you believe may endanger your health and safety, or which are not covered by your insurance. You agree that we will not be held liable for any injury or damage caused to you (including without limitation serious injury or death) that you may suffer or sustain directly or indirectly as a result of attending the expedition or participation in the Activities, where the injury or damage arose other than as a result of our negligence.
12. Expedition Participant Liability
12.1 Participant Behaviour
As a result of your behaviour during any stage of your expedition including on an aircraft, transfer, in any accommodation, cruise or excursion, we reserve the right to make a claim against you for any damages, costs and expenses (including legal expenses) incurred as a result, including but not limited to (i) cleaning, repairing or replacing property lost, damaged or destroyed by you, (ii) compensating any passenger, crew, staff or agent affected by your actions and (iii) diverting the aircraft or cruise for the purpose of removing you. Criminal proceedings may also be instigated. For the purposes of this section reference to “you” or “your” includes any other person in your party.
12.2 Damage to Kaush Media property
In the event of damage to Kaush Media's property in the field, then as long as the participant adhered to all instructions you will not be held personally liable for damage. However, if the participant has not adhered to the taught protocols or deviated from them in any way whatsoever and that this was the likely cause of damage occurring, then they will be held personally liable for damage to or loss of equipment including but not limited to GoPros, scientific equipment, dive equipment, laptops and cameras.
13. Complaints and Assistance
If you have a complaint about any of the services included in your expedition and/or need assistance whilst away, you must inform our local office or your Expedition Leader and email our team using email@example.com without undue delay who will endeavour to put things right. If it is not resolved locally, please follow this up within 28 days of your return home by writing to our team at firstname.lastname@example.org , giving your booking reference and all other relevant information. Please keep your email concise and to the point. If you fail to follow the requirement to report your complaint during the expedition we will have been deprived of the opportunity to investigate and rectify it and this may affect your rights under this booking.
14. Additional assistance
If you are in difficulty whilst on expedition and ask us to help we will provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance; and helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs we incur if the difficulty is your fault. Should we, in case of emergency, provide you with any financial support, you are obliged to reimburse all monies given to you by us within 4 weeks of the Trip end-date. The provision of such financial support is entirely at our discretion.
15. Passport, Visa, Health, Travel and Immigration Requirements
15.1 Immigration and visas
Your specific passport and visa requirements, and other immigration requirements are your responsibility, and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa, or immigration requirements.
Please note that for some trips we need to request special permits, and as such we will require your passport details prior to accepting your booking. Furthermore, if you renew your passport after you have booked, you may be required to take your old passport with you to maintain the validity of the permit.
15.2 Health and medical
We are able to advise on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least 2 months prior to travel for the latest health requirements, recommendations for your destination and any costs. You should check this information at least 2 months before departure and again within 14 days of travel. Where you do not do so and either are not allowed to enter any country, or suffer personal injury or death as a result, we have no liability to you for any cost, loss or damage which you suffer nor will we refund you the cost of any unused portion of your travel arrangements. Participants with existing medical problems, pregnant women and anyone who has recently visited other countries should check requirements with their general practitioner.
15.3 Foreign Travel Advice
When assessing whether expeditions will operate we use information from our local offices in conjunction with advice from the UK Foreign, Commonwealth & Development Office (FCDO) and other relevant government bodies. It is your responsibility to acquaint yourself with the travel advice provided by these government bodies. For more information on foreign travel advice, please visit your national government website (for UK participants this is www.gov.uk/travelaware and www.gov.uk/foreign-travel-advice) for your destination country.
15.4 Local laws and customs
Laws and customs of the countries you visit can be vastly different to those in the UK. Be aware of your actions to ensure that they do not offend, especially if you intend to visit religious areas. There may be serious penalties for doing something that might not be illegal in your home country. It is your responsibility to familiarise yourself with, and respect local laws and customs, and you are strongly advised to check with the appropriate embassy, consulate or British and Commonwealth Office or https://www.gov.uk/foreign-travel-advice for further information regarding local laws and customs of the country/ies you plan to visit.
16.1 Code of Conduct
The expedition participant agrees to abide by Kaush Media’s Code of Conduct. For a copy of our Code of Conduct please click here. We reserve the right to refuse to accept you as a customer or continue dealing with you if we, or another person in authority, believe your behaviour is disruptive, causes unnecessary inconvenience, is threatening or abusive, you damage property, you upset, annoy, disturb, or put any other traveller or our staff or agents in the UK or overseas in any risk or danger, on the telephone, in writing or in person.
By confirming your booking you accept that you will adhere to our Code of Conduct and that our expedition leaders have the authority to prevent you from participating in any part of a expedition should they have concerns about (a) your ability to safely partake in an activity or (b) your physical ability to complete an activity in the required timescale. In the event the leader deems such a decision is necessary, we will reasonably endeavour to make alternative arrangements, but we will not be liable to provide any refunds for missed activities and you may be liable for additional costs incurred. On an active group expedition, it is necessary that you abide by the authority of the expedition leader, who represents the Company.
16.2 Illegal acts
If you commit any illegal act when travelling with us or if in our reasonable opinion or the reasonable opinion of the leader or another person in authority your behaviour is disruptive, threatening or abusive, causes unnecessary inconvenience, impacts on others participants’ enjoyment of the trip or is causing or likely to cause damage to property, danger, distress or upset, disturbance or annoyance to others or puts any other traveller or our staff in any risk or danger, on the telephone, in writing or in person, we may terminate your travel arrangements without any liability on our part.
16.3 Disruptive Behaviour
If any of our expedition staff, partner organisations or agents believes that you could be disruptive, they can also refuse to let you proceed with your travel arrangements, restrict your movements on board, disembark you from a ship or aircraft, or remove you from your accommodation or excursion. If this occurs overseas then you will become responsible for your own return home and any other members of your group who cannot or will not travel without you. We will not be liable for any refund, or compensation or any costs or expenses you incur.
If you are disruptive and prevented from boarding your outbound flight in the UK, we will treat your booking as cancelled by you from that moment. If this occurs overseas then you will become responsible for your own return home and any other members of your group who cannot or will not travel without you. We will not be liable for any refund, or compensation or any costs or expenses you incur.
16.4 Dive Policy Standards
The expedition participant agrees to abide by Kaush Media’s Dive Policy Standards. For a copy of our Dive Policy Standards please click here. If in our reasonable opinion or the reasonable opinion of the leader or another person in authority that your behaviour pre, during and/or post diving is compromising the safety or likely to compromise the safety of others, we reserve the right to exclude you from any further diving for the duration of the expedition. We will not be liable for any refund, or compensation or any costs or expenses you incur for any diving missed as a result of your behaviour.
16.5 Signing of this agreement means you agree to the following:
a) To help Kaush Media fulfil its conservation aims
b) To perform your expedition participant role to the best of your ability
c) To adhere to the organisation’s rules, procedures and standards, including health and safety procedures and risk assessments
d) To maintain confidential information of the organisation and its participants
e) To meet the time commitments and standards undertaken and, other than in exceptional circumstances, provide reasonable notice so that an alternative arrangement can be made
f) To behave in a responsible manner at all times: failure to do so could result in ejection from the program
g) You accept that the program rules have not been set arbitrarily and exist for good reason. You accept they are reasonable and will abide by the rules in this agreement. Failure to comply could result in disciplinary action, ejection from the program or banning from activity participation, especially if it is important for everyone’s safety. The final decision on this matter will rest with Kaush Media.
17. Data Protection
We own the copyright and all intellectual property rights in any photographic, audio or video material produced by our employees or agents which is produced during your Trip (the “Material”). You agree that we may use any such Material in which you appear for promotional and marketing purposes only and provided always that our use of such Material shall not be in our reasonable opinion defamatory or damaging to your personal reputation. If You would prefer us not to use such Material as described herein, please indicate this to us in writing or by email. In the event that you believe either during or after Your Trip that some Material may be defamatory or otherwise detrimental to you, you shall notify us in writing or by email as soon as possible and we shall use our reasonable endeavours to withdraw any such Material already published and shall cease to use any such Material in any further marketing or other publications forthwith.
Excursions or other activities that you may choose to book or pay for whilst you are on expedition are not part of your package expedition provided by us. For any excursion or other expedition that you book, your contract will be with the operator of the excursion or expedition and not with us. We are not responsible for the provision of the excursion or expedition or for anything that happens during the course of its provision by the operator.
18. Chargebacks and assignment of claims
Unless such rights have arisen under section 75 of the Consumer Credit Act 1974, you agree not to issue any chargebacks or otherwise dispute transactions with your payment card issuer against us (“Chargeback”). Rather, your rights to refunds and other claims shall be governed solely by the terms of these Terms and Conditions.
You agree that if you initiate a Chargeback or make a demand for payment, we shall be entitled to take such steps as we consider reasonable to ensure that you are not paid twice for the same claim. This may include suspending any obligations we may have to pay you under these Terms and Conditions (or otherwise) until the Chargeback or claim has been finally determined and the time limit for any challenge or appeal has expired.
You agree that you will not assign or otherwise transfer any of your legal rights or claims against us which arise out of or are in connection with your booking or these Terms and Conditions except as otherwise permitted in these Terms and Conditions.
19. Ownership Rights & Model Release
19.1 Content Ownership
Kaush Media will receive full usage rights of photos or writing made by the expedition participant but it will remain the expedition participant’s sole exclusive property (unless described in an alternative content licensing agreement, signed by both parties).
19.2 Model Release
In consideration of the expedition participant’s engagement as a model, and for other good and valuable consideration herein acknowledged as received, the expedition participant hereby grants the following rights and permissions to Kaush Media and their partners (“Photographers”), their legal representatives, and assigns, those for whom the Photographers are acting, and those acting with their authority and permission. They have the irrevocable, perpetual and unrestricted right and permission to take, use, re-use, publish, and republish photographic portraits or pictures of the expedition participant in which he/she/they may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations, in conjunction with the expedition participant’s own or a fictitious name, or reproductions thereof in colour or otherwise, made through any medium at their studios or elsewhere, and in any and all media now or hereafter known, specifically including but not limited to print media and distribution over the internet for illustration, promotion, art, editorial, advertising, trade, or any other purpose whatsoever.
The expedition participant specifically consents to the digital compositing or distortion of the portraits or pictures, including without restriction any changes or alterations as to colour, size, shape, perspective, context, foreground or background. The expedition participant also consents to the use of any published matter in conjunction with such photographs. The expedition participant hereby waives any rights that he/she may have to inspect or approve the finished product or products and the advertising copy or other matter that may be used in connection with them or the use to which they may be applied. The expedition participant hereby releases, discharges, and agrees to hold harmless the Photographers, their legal representatives, and assigns, and all persons acting under their permission or authority or those for whom they are acting, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of such photographs or in any subsequent processing of them, as well as any publication of them, including without limitation any claims for libel or violation of any right of publicity or privacy.
19.3 Data Ownership
Kaush Media owns the rights to the data collected during an expedition. The information provided by Kaush Media to trip participants shall not be passed to any third party without the express approval of Kaush Media. The right to publish the data may or may not be extended to the investigator, based upon a separate Data Sharing Agreement, signed by both parties.
If you are collecting data outside our normal methodologies while with Kaush Media, for use in a project or otherwise, this data will remain the property of Kaush Media and the use of the data shall be subject to the same rules and regulations as our standard data sets.
20. Law and jurisdiction
This booking is governed by English Law, and the jurisdiction of the English Courts.
20.1 Hold harmless
The expedition participant agrees to hold Kaush Media and it’s agents harmless against all costs, expenses and losses (including reasonable attorney fees and costs) incurred through claims of third parties against Kaush Media based on a breach by the expedition participant of any representation and warranty made in this agreement.
This agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements. It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to this agreement.