1.

Interpretation

1.1

In this Agreement:
The term “Expedition” means any expedition, project, course, trip, or other activity anywhere throughout the world, arranged by GVI from time to time; The term “Expedition Leaders” means the leader(s) on the allocated Expedition, to whom the Volunteer must report and whose rules the Volunteer must abide by; The term “Service” means the services, as set out in clause 2 below, to be provided by GVI to the Volunteer.

1.2

The headings in this Agreement are for convenience only and should not affect their interpretation.

2.

The Service Provided

2.1

GVI shall provide the Service described below to the Volunteer, subject to the terms of this Agreement.

2.2

GVI reserves the right to refuse to offer the Service to anyone for any reason.

2.3

The Service shall consist of: -

2.3.1

organising and setting up an Expedition and/or other course(s) as agreed upon between GVI and the Volunteer in writing;

2.3.2

arranging full pre-departure briefings through open days, GVI field representatives, online at GVI's website www.gvi.co.uk or on the telephone. An Expedition guidebook shall also be provided to Volunteers;

2.3.3

arranging suitable accommodation and food (where applicable) during the period of the Volunteer's involvement in the Expedition. GVI shall, in most cases, arrange for transfers to and from the airport in the chosen country. However, this cannot be guaranteed, and Volunteers may in some cases have to make their own arrangements. Details of whether transfers are included are set out in the Expedition guidebook;

2.3.4

arranging Expedition Leaders to lead and manage projects where required;

2.3.5

arranging the provision of Expedition equipment, training and training materials relevant to the Expedition, where applicable;

2.3.6

providing and maintaining a full international support structure and providing a 24 hour emergency phone line in the UK ; and

2.3.7

providing international travel assistance and advice.

3.

The Volunteer's Obligations

3.1

By participating in a GVI Expedition the Volunteer accepts that he / she will be subjected to various physical and emotional demands. Volunteers are aware and accept that the standard of living, including food, hygiene and accommodation in the relevant country may be below the general standards of their own country.

3.2

The Volunteer is responsible for his/her own travel arrangements, expenses and insurance during the Expedition. Volunteer is obliged to secure travel and medical insurance to protect Volunteer against losses caused by travel arrangement cancellation, loss or damage of baggage, non-refundable airfare and/or emergency medical expenses. In the event that GVI advances any monies to or on behalf of the Volunteer, the Volunteer shall reimburse such monies to GVI immediately upon conclusion of the Expedition. It is a condition of booking that all volunteers have a valid travel insurance policy to cover the entire duration of their trip which extends to include manual conservation and volunteer work. If you are unable to provide documentary evidence of a valid insurance, your booking may be cancelled at the sole discretion of GVI without any refund.

3.3

The Volunteer represents and warrants that all information and records provided to GVI relating to the Volunteer, the Volunteer's medical history and the Volunteer’s medical statement are accurate and truthful and provide GVI with a clear indication of the Volunteer's state of health.

3.4

The Volunteer understands that he/she is under a duty to inform GVI in advance of the Expedition of any medication requirements, any allergies and any other physical or mental condition or limitation that might disable or render the Volunteer unable to perform or safely complete the Expedition. Volunteer is the best judge of his/her own condition and limitations, and Volunteer acknowledges that it is incumbent on him/her to fully disclose the extent of any conditions or limitations. Volunteer represents, warrants and affirms that he/she has discussed this Expedition, its remote location, potential risks and physical and mental demands with his/her personal physician, and that the Volunteer is physically and emotionally fit and able to undertake this Expedition. Volunteer agrees to notify GVI of any physical and medical condition at least 4 weeks prior to departure and also of any changes in his/her physical and medical condition occurring after the Volunteer's signing of this Agreement. GVI reserves the right to require documentation from a doctor or specialist verifying that the Volunteer is fit and able to undertake this program and GVI reserves the right to reject a booking on the grounds of the doctor's comments. GVI shall not in any event be held liable for any consequence arising out of the Volunteer's failure to take advice or medication as prescribed by a medical practitioner both prior to departure and during the Expedition. GVI reserves the right to reject applicants who require special medical care. Volunteer acknowledges and agrees that GVI reserves the right to accept or reject any person as a Volunteer at any time, or to require a Volunteer to withdraw from an Expedition at any time if it is determined in an Expedition Leaders sole discretion that it is the best interest of the Volunteer's health and safety, and/or in the best interest of the Expedition in general.

3.5

The Volunteer agrees to take personal responsibility for insuring the Volunteer's own personal effects and GVI cannot be held liable for any loss or damage of personal effects.

3.6

The Volunteer is responsible for ensuring that he / she has a valid passport, any necessary visa, permits and vaccinations and has obtained and supplied all relevant valid documentation for the Expedition in terms of travel documents and medical documents.

3.7

GVI cannot be held responsible for a country's decision to refuse entry, exit or the right of passage (national and local laws governing immigration). All Volunteers must ensure that they contact the relevant Embassy to acquire the relevant Visa or Tourist Permit prior to commencing the Expedition.

3.8

The Volunteer shall comply with all relevant laws, regulations and customs of the countries visited on Expedition. In the event of a contravention of these laws, the Expedition Leader or GVI shall have the right to require the Volunteer to leave the Expedition and no liability on the part of GVI shall arise whatsoever.

3.9

The Volunteer will at all times respect and follow local laws and culture of the host country and behave in a responsible and courteous manner. Each Volunteer has a duty of care to each other, to local people, to host country nationals participating in the Expeditions and to GVI. Volunteers shall follow the reasonable instructions of the Expedition Leaders during the Expedition.

3.10

As representatives of GVI within the host country, the Volunteer must respect GVI's aims and objectives and not wilfully or recklessly seek to damage relations between GVI, the Expedition and/or the host country. The Volunteer must not misrepresent GVI in any way which would seek to undermine or damage relations between GVI and the host country.

3.11

The Volunteer shall at all times respect and follow the health and safety procedures as set out by GVI, the Expedition leaders and/or the representative in the host country.

4.

Charges

4.1

Subject to any special terms agreed, the Volunteer must pay GVI's standard charge as explained in the “Expedition Costs and Dates” section as published on GVI's website www.gvi.co.uk. Please note that costs shown within GVI's brochure are subject to change and as such all final payments shall be displayed on GVI's website. The published prices on GVI's website are valid for 30 days only and Volunteers are advised to check the site regularly for the most recent prices and up to date information. Once a Volunteer has confirmed their booking and paid the deposit, they shall pay the remaining sum which was the published price as at the time of booking.

4.2

The non-refundable deposit payment of £250.00 (US$500 / €350 / Aus$525) shall be payable by the Volunteer to GVI immediately upon receipt of the confirmation of booking. For Expeditions costing £3,500.00 (US$7,000 / €4,900 / Aus$7,350) or more, or for Expeditions with a duration of 120 days or more, the non-refundable deposit payment is £750 (US$1500 / €1050 / AU$1575) unless otherwise agreed upon between GVI and the Volunteer in writing.

4.3

The outstanding balance must be paid by the Volunteer no later than 12 weeks prior to departure. For Expeditions costing £3,500.00 (US$7,000 / €4,900 / Aus$7,350) or more, or for Expeditions with a duration of 120 days or more, the outstanding balance must be paid by the Volunteer no later than 16 weeks prior to departure. If, for any reason, the Volunteer does not make full payment by this date, then GVI reserves the right to offer the Volunteer's placement to someone else, without any refund to the Volunteer. The total payment (i.e. the deposit and remaining sum paid) shall become non-refundable 12 weeks prior to the Expedition start date. Failure to timely pay the outstanding balance will result in the Volunteer's placement to be cancelled, without liability on the part of GVI.

5.

Warranties, Liabilities and Assumption of Risk

5.1

GVI warrants to the Volunteer that the Service will be provided using reasonable care and skill and, as far as is reasonably possible, in accordance with the description of the Service.

5.2

Any information provided by GVI, including but not limited to information about visas, vaccinations, healthcare, climate, baggage, group sizes and special equipment is given in good faith for information and educational purposes only but without responsibility on the part of GVI.

5.3

Except in respect of death or personal injury caused by GVI's gross negligence, GVI's responsibility for any representation (unless fraudulent), or any other act or omission shall not exceed the amount of GVI's charges as set out in Clause 4.1 for the provision of the Service. Any liability by GVI and/or its employees and/or its agents is limited to the amount that will be paid out in such a case by the Tour Operators Combined Liability Insurance policy (the “Policies”) which have been concluded in the name of GVI. If no compensation is received from the Policies, then any and all liability whatsoever, including without limitation, claims grounded in negligence, is hereby limited to a maximum amount of £2,000.00.

5.4

In particular GVI shall have no responsibility for any activities undertaken by the Volunteer outside the scope of those directly relating to the Expedition. No warranty is given in respect of any activities outside the scope of those relating to the Expedition and it is the Volunteer's responsibility to ensure that any person or company offering any activities possesses the requisite care and skill. The term “outside of scope” as used in this clause shall mean any and all actions or activities undertaken by Volunteer that were not arranged or procured by GVI, its employees or agents.

5.5

Volunteer understands that certain risks may arise, including, but not limited to, hazards of travelling in remote areas; travel by automobile, van, bus, plain, train or any other means of conveyance; the forces of nature; civil disturbances; national or international conflicts; terrorism; arbitrary itinerary changes made by foreign governments or vendors; accident or illness in remote locations without immediate evacuation or medical facilities; or negligent acts of third parties. Volunteer hereby asserts that he/she knows, understands and appreciates these and other risks inherent in the expedition and asserts that his/her participation is completely voluntary and assumes all risk associated with the expedition and will hold GVI and its agents and employees harmless from and indemnify them for any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, which may arise in connection with volunteer’s participation in this expedition or any activities arranged by or for volunteer by GVI, its agents or employees. The volunteer further expressly agrees that the foregoing waiver and assumption of risks is intended to be as broad and inclusive as is permitted by applicable law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. The terms of this agreement shall further extend to volunteer’s heirs, personal representatives, successors and assigns.

5.6

The warranty contained in this section is the sole and exclusive warranty as to the Service provided hereunder, and shall supersede any express or implied warranties, in fact or law, including, without limitation, warranties of merchantability or fitness for a particular purpose and GVI will not be liable under any circumstances with respect to any subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory for any incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or loss of profits or lost business), even if GVI has been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in this agreement, in no event will GVI’s cumulative liability to Volunteer arising out of or relating to this agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory exceed the total charges, as set out in clause 4.1, actually paid under this agreement.

6.

Complaints

6.1

If the Volunteer wishes to make a complaint in relation to the Expedition, he/she shall bring the complaint to the attention of the Expedition Leader or the representative in the host country, who shall use his/her reasonable efforts to resolve the complaint within a reasonable time.

6.2

If the Expedition Leader or the representative in the host country is unable to resolve a serious complaint, and the Volunteer leaves the Expedition before the completion date, the Volunteer shall provide the Expedition Leader or the representative in the host country with a written version of events prior to Volunteer’s departure.

6.3

No compensation shall be given to the Volunteer, unless there are extreme circumstances, which shall be determined at the sole discretion of GVI. The Volunteer agrees that under no circumstances shall GVI be liable for damages or compensation arising from any claim related to the assessment of inconvenience, disappointment, discomfort or loss of enjoyment.

7.

Physical and Intellectual Property

7.1

All equipment and resources provided by GVI both prior to and throughout the duration of the Expedition (including teaching manuals) remain the property of GVI and must be returned on completion of the Expedition.

7.2

The Volunteer shall replace any property that is lost or damaged through his/her careless or otherwise negligent behaviour.

7.3

All research, data, reports, photographs and documentation relating to the Expedition and GVI projects provided by GVI, shall remain the property of GVI without compensation or further recourse to Volunteer. GVI retains the rights over the use and dissemination of such materials for its commercial and promotional purposes, including, but not limited to, the posting of any photographs containing an image of the Volunteer while on the Expedition on its website, brochures, or other marketing, promotional or informational medium.

8.

Data Protection

8.1

It may be necessary for GVI to pass data about the Volunteer to countries outside of the European Economic Area (EEA) from time to time. The Volunteer hereby agrees that GVI may disclose his/her personal data, including any sensitive personal data such as relevant medical history, to the Expedition Leaders and any other representatives in the host countries.

From time to time GVI shares Volunteer contact information with other Volunteers in order to enhance pre-departure support, allow direct communication between participants on similar programs and allow prospective Volunteers to communicate with former Volunteers. The Volunteer hereby agrees that GVI may disclose his/her contact information to other Volunteers or potential Volunteers.

9.

Termination and Expulsion

9.1

GVI reserves the right to deny from participating in or otherwise to expel from the Expedition any Volunteer who is in breach of any term of this Agreement.

9.2

Without prejudice to the generality of clause 9.1 above the following will result in automatic expulsion :

9.2.1

Possession / taking / supplying of illegal or illicit substances. The question of whether the substances are illegal or illicit is to be governed by the jurisdiction of the state where the acts take place;

9.2.2

Displaying cruel, thoughtless or rude behaviour or committing acts which could injure or harm a member of the Expedition (including a staff member), or any other person;

9.2.3

Disobeying GVI's, the Expedition Leader's or the representative in the host country's instructions in relation to health and safety;

9.2.4

Committing an act or displaying behaviour which could jeopardise future GVI Expeditions within the host country or lead to the souring of relations between GVI and the host communities or country; and

9.2.5

Breaking local laws.

9.3

Expulsion will be carried out by the Expedition Leader at GVI's own discretion and is not subject to appeal.

9.4

In all such cases the Volunteer will not be entitled to any reimbursement from GVI, nor will GVI be responsible for any additional costs incurred by the Volunteer as a result of expulsion.

10

Currency of Agreement and Cancellation

10.1

The Volunteer will be entitled to cancel this Agreement at any time up until 12 weeks before departure. In the event of timely cancellation, the Volunteer shall not be entitled to a refund of the deposit, but will be entitled to a refund of any other monies paid.

10.2

The Volunteer will be allowed to transfer his/her Expedition at any time up until 12 weeks before departure. In the event of a transfer, a transfer fee of £150.00 (US$300 / €210 / Aus$315) shall be paid to GVI. Date changes for the same expedition are not subject to charges if made at least 12 weeks prior to departure. One date change only will be permitted and date of travel must be confirmed within 2 weeks of notification of transfer. Any change of placement shall be at GVI's discretion. There will be no refund if the Volunteer transfers to an Expedition which is less expensive than the one originally booked.

10.3

GVI reserves the right to cancel or curtail the Expedition if, in its sole discretion, it believes that circumstances warrant it. This shall include cancellation because of Force Majeure (as described below). In the event of cancellation of the Expedition, the Volunteer shall be entitled to any monies paid less any irrecoverable expenditure on the part of GVI which has already been spent in relation to the preparation of the Expedition.

10.4

If GVI cancels the Expedition, the Volunteer will be entitled to a refund:

10.4.1

In the case of cancellation by GVI before departure, whether within or beyond GVI's control, the Volunteer shall be entitled to their deposit and any monies paid less £100.00 to cover GVI's costs, and less any other irrecoverable expenditure on the part of GVI which has already been spent. GVI shall not be held liable for any incidental expenses incurred by Volunteer as a result of any other arrangements that Volunteer may have made; and

10.4.2

In the case of curtailment, the Volunteer shall be entitled to a reasonable proportion of the total charge from which any irrecoverable expenditure is deducted.

10.5

In all of the above cases where there is a cancellation, GVI's first recourse shall be to place the Volunteer on an alternative Expedition. GVI shall use reasonable efforts to match any alternative Expedition in accordance with the Volunteer's preferences.

10.6

In all of the above cases, either party shall give written notice to the other of cancellation, and any refund or alternative placement given to the Volunteer shall be considered to be in full and final settlement of all and any liability owed by GVI to the Volunteer.

Course specific information (Bushwise 1 year course only)

If students do not complete both FGASA and BUSHWISE assessments at or above the required pass mark they will not be offered a placement. These assessments are on academic, practical, general performance and behaviour all of which will be marked through continuous assessment and performance reviews.

If situations arise limiting placement opportunities due to changes in regulations, laws, both nationally and in the Bushwise operational area, or for any other reason regarding guiding qualifications and/or visa available to non South Africans and/or non African nationals, then a refund of £1000 will be given under these circumstances only. If due to the issues above a limited number of placements are available at any time the highest performers will be given priority and learners will be placed at the discretion of Bushwise management.

12

Force Majeure

12.1

Notwithstanding any other provision of this Agreement, GVI shall not be deemed to be in breach of this Agreement or otherwise be liable for any delay in performance or non-performance of any of its obligations under this Agreement to the extent that the delay or non-performance is due to any circumstances beyond its reasonable control, including but not limited to Acts of God, war, acts of terrorism, riot or civil commotion, fire, strike and government or other official intervention.

13

Family Volunteering

13.1

14.1

This Agreement constitutes the entire Agreement between the parties and shall apply to all Expeditions and/or other courses provided by GVI and undertaken by the Volunteer. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions of this Agreement.

14.2

Any notice required or permitted to be given by one party to this Agreement to the other shall be in writing addressed to that other party: in the case of GVI, its registered office or principal place of business, in the Volunteer's case to the Volunteer's address as stated in this Agreement or being given to the Volunteer in person or by delivery to the Volunteer's last known place of residence outside the jurisdiction of the UK.

14.3

No waiver by either party of any breach of contract by the other shall be considered as constituting the waiver of any subsequent breach of contract or any other provision of this Agreement.

14.4

A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from the Act.

14.5

English Law shall apply to this Agreement and the parties agree to submit to the exclusive jurisdiction of the English Courts.