TERMS AND CONDITIONS
THIS AGREEMENT is made on the day of application and becomes legally binding upon the payment of a booking deposit for a Program.
1) You, the client as detailed in your application (the “Participant”).
2) Experiential Education Limited trading as GVI (“GVI”) whose registered office is Leeward House, Fitzroy Road, Exeter, Devon, EX1 3LJ, a company registered in the UK under Company No 10632333.
This is an important document. We have attempted to state the terms of this Agreement in a clear and concise manner, but if there is anything the Participant does not understand or wishes to have explained, the Participant should seek independent advice from a lawyer, Citizens Advice Bureau, Law Centre or other appropriate legal advice agency.
Agreement for participation in GVI’s Program:
In this Agreement:
“Placement” - work placement or internship;
“Program” means any expedition, project, course, trip, or other activity anywhere throughout the world, arranged by GVI from time to time;
“Program Leaders” means the leader(s) on the allocated Program, to whom the Participant must report and whose rules the Participant must abide by;
“Services” means the services, as set out in clause 2 below, to be provided by GVI to the Participant.
The headings in this Agreement are for convenience only and should not affect their interpretation.
2. The Service Provided
GVI shall provide the Service described below to the Participant, on the terms of this Agreement.
The Service shall consist of: –
organising and setting up a Program and/or other course(s) as agreed upon between GVI and the Participant in writing; arranging full pre-departure briefings through one or more of: open days, GVI field representatives, online at GVI’s websites or on the telephone. A Program field manual shall also be provided to Participants; arranging suitable accommodation and food (where applicable) during the period of the Participant’s involvement in the Program. GVI shall, in most cases, arrange for transfers to and from the airport in the chosen country. However, this cannot be guaranteed, and Participants may in some cases have to make their own arrangements. Details of whether GVI will provide airport transfers are included are set out in the Program field manual; arranging Program Leaders to lead and manage Programs where required; arranging the provision of Program equipment, training and training materials relevant to the Program, where applicable; providing and maintaining a full international support structure and providing a 24-hour emergency phone line; and providing international travel assistance and advice. GVI reserves the right to refuse to offer the Service to anyone for any reason.
3. The Participant’s Obligations
3.1 The Participant accepts that he or she will be subjected to various emotional, physical and physiological demands by participating in a Program. The Participant is aware and accepts that the standard of living in the relevant country, including food, hygiene and accommodation, may be below the general standards of his or her own country.
3.2 The Participant is responsible for his/her own travel arrangements, expenses and insurance during the Program. The Participant is obliged to secure travel and medical insurance to protect the Participant against losses caused by travel loss or damage of baggage and or personal effects by any means, non-refundable airfare, emergency medical evacuation and other medical expenses. The policy must cover the entire duration of the Participant’s trip and include manual, conservation and volunteer work where applicable. In the event that the Participant is unable to provide documentary evidence of a valid insurance, the Participant’s booking may be cancelled at the sole discretion of GVI without any refund.
3.3 The Participant must submit any required documents (including, but not limited to: flight arrival and departure details. insurance information, passport details, next of kin or emergency contact details and medical forms), at least 8 weeks prior to departure. Failure to do so may result in program cancellation at the sole discretion of GVI without any refund. A complete list of required program documents will be provided by GVI at the time of booking.
3.4 In the event that GVI advances any monies to or on behalf of the Participant, the Participant shall reimburse such monies to GVI immediately upon conclusion of the Program.
3.5 The Participant represents and warrants that all information and records provided to GVI relating to the Participant, the Participant’s medical history and the Participant’s medical statement are accurate and truthful and provide GVI with a clear indication of the Participant’s state of health.
3.6 The Participant understands that he/she is under a duty to inform GVI at the time of the application of any medication requirements, any allergies and any other physical or mental condition or limitation that might disable or render the Participant unable to perform or safely complete the Program.
3.7 The Participant is the best judge of his/her own condition and limitations, and the Participant acknowledges that it is incumbent on him/her to fully disclose the extent of any conditions or limitations.
3.8 The Participant represents, warrants and affirms that he/she has discussed this Program, its remote location, potential risks and physical and mental demands with his/her personal physician, and that the Participant is physically and emotionally fit and able to undertake this Program.
3.9 The Participant agrees to notify GVI of any physical, mental or medical condition at the time of the application and also of any changes in his/her physical, mental or medical condition occurring after the Participant’s signing of this Agreement. Failure to do so, and/or failure to disclose complete and truthful information could result in the cancellation or expulsion from a program without reimbursement.
3.10 GVI reserves the right to require documentation from a doctor or specialist and/or to consult with their own medical and mental health professionals regarding the Participant’s fitness to undertake this program. GVI reserves the right to reject or cancel a booking on the grounds of either doctors’ comments or advice. Any additional medical documentation GVI requires will be at the Participant’s own expense.
3.11 GVI shall not in any event be held liable for any consequence arising out of the Participant’s failure to take advice or medication as prescribed by a medical practitioner both prior to departure and during the Program.
3.12 GVI reserves the right to reject applicants who require special medical care following due consideration.
3.13 The Participant acknowledges and agrees that GVI reserves the right to accept or reject any person as a Participant at any time, or to require a Participant to withdraw from a Program at any time if it is determined in a Program Leaders sole discretion that it is the best interest of the Participant’s health and safety, and/or in the best interest of the Program in general.
3.14 The Participant agrees to take personal responsibility for insuring the Participant’s own baggage and or personal effects. GVI disclaims liability for and cannot be held liable for any loss or damage of personal effects by any means whatsoever.
3.15 The Participant is responsible for ensuring that he / she has a valid passport, any necessary visa, permits and vaccinations and has obtained and supplied to GVI all relevant valid documentation for the Program in terms of travel documents and medical documents.
3.16 GVI will not be responsible for a country’s decision to refuse entry, exit or the right of passage (national and local laws governing immigration). All Participants must ensure that they contact the relevant Embassy to acquire the relevant visa or tourist permit at least 12 weeks prior to commencing the Program. GVI cannot be held responsible for any country’s decision to refuse a work permit, provisional teacher’s license, visa, visa extension or otherwise. Unless otherwise agreed with GVI the Participant will not be permitted to start a Program if the Participant arrives in the host country later than 2 days after the Program start date. This stands irrespective of whether such late arrival is due to a delay in receiving any relevant visa.
3.17 The Participant shall comply with all relevant laws, regulations and customs of the countries visited during the Program. In the event of a contravention of these laws, the Program Leader or GVI shall have the right to require the Participant to leave the Program and no liability on the part of GVI shall arise whatsoever.
3.18 The Participant will at all times respect and follow local laws and culture of the host country and behave in a responsible and courteous manner. Each Participant has a duty of care to each other, to local people, to host country nationals participating in the Programs and to GVI. The Participants shall follow the reasonable instructions of the Program Leaders during the Program.
3.19 The Participant must respect GVI’s aims and objectives and not wilfully or recklessly damage relations between GVI, the Program and/or the host country. The Participant must not represent GVI in any way which would seek to undermine or damage relations between GVI and the host country.
3.20 The Participant shall always respect and follow the health and safety procedures as set out by GVI, the Program Leaders and/or the representative in the host country.
3.21 The Participant acknowledges and agrees that GVI reserves the right to contact their next of kin should staff deem it necessary.
3.22 The Participant acknowledges and agrees that GVI reserves the right to any photos and videos provided to them or taken by GVI staff members, during or after the program, for promotional purposes.
3.23 The Participant acknowledges that the information provided during the application process is complete and correct. Failure to provide complete, accurate and truthful information on the application will be grounds for cancellation without refund.
3.24 The Participant agrees that his/her participation in a GVI program is subject to determinations that take into account his/her criminal history. The Participant agrees to honestly disclose his/her criminal history to GVI as is reasonably requested.
3.25 Where a person is making a booking on behalf of a group of Participants, every Participant on behalf of whom the booking is made is required to explicitly indicate their agreement to the terms of this Agreement to GVI. Any Participant who does not agree to the terms of this Agreement will not be permitted to take part in a Program or Placement.
4.1 Subject to any special terms agreed in writing, the Participant must pay GVI’s standard fees as explained in the Program “Costs and Dates” section as published on GVI’s websites. Please note that costs shown within any printed material are subject to change and as such all prices on any given day shall be displayed on GVI’s website. The published prices on GVI’s website are valid at the time that the Program booking is made only and Participants are advised to check the site regularly for the most recent prices and up to date information. Once a Participant has confirmed their booking and paid the deposit, they shall pay the remaining sum within the time-frame stipulated at the price published as at the time of booking.
4.2 GVI accepts payments in GBP, USD, EUR, CAD, AUD, PLN and ZAR. Currency exchange rates are set at GVI’s discretion and do not necessarily reflect current market exchange rates. These exchange rates are subject to review and can be changed without prior notice. In the event that the exchange rate is changed, any existing bookings will still be valued at the previous rate. Participants must pay in the currency from their Home Country. In the event that GVI does not accept the currency of the Participant’s Home Country, the participant must pay in USD. “Home Country” is defined as the country where the Participant currently holds a permanent residence.
4.3 Payment is expected on one of three dates each month. The three options are the 15th, the 25th or the last day of each month. You as the participant choose which you prefer. If you do not choose a preferred date, then the 15th will be the default date for charges. On the due date your payment card will be charged automatically. If paying by electronic fund transfer then your payment will become due on the payment due date. Failure to make payment on your due date may incur a late payment fee of R900.
4.4 You will have three payment plans for your booking. 1) Full payment upfront 2) the Instalment plan and 3) the Flexi-payment plan. You will be asked which plan you prefer after you book.
4.5 Full payment upfront plan: Here you choose to pay the full cost of your booking in one payment. The payment is due within 48 hours of your acceptance onto the program.
4.6 Instalment plan: to take this option you’ll pay a non-refundable deposit upfront of R2,700 followed by instalments paid monthly up to 3 months before your program start date. At that point your program fees will be paid up in full. When paying by card, your instalments are automatically deducted from your payment card on each payment due date. Choosing this payment plan incurs a fee of R2,245 and this fee is split equally across all your instalments. Should you wish to change the card being used for these payments please contact your Support coordinator to update your records.
4.7 Flexi-payment plan: to take this plan you’ll pay a non-refundable deposit upfront of R2,700 followed by the remaining balance in full 3 months before your program start date. This is rounded to the end of the month closest to your program start date. Your final payment is automatically deducted from your designated payment card on the due date for your convenience. Should you wish to change the card being used for this payment please contact your Support coordinator to update your records. Choosing this payment plan incurs a fee of R5,395 and this fee is added on to your final balance due.
4.8 Each sales agent is an independent entity, responsible for sales on GVI’s behalf in that region. As such the Participant must pay the advertised cost in the currency associated with their sales agent. Participants with no local sales agent should book through their nearest GVI office.
4.9 All sums become due once an invoice is issued and any sums paid are immediately non-refundable. Sums invoiced remain due regardless of any subsequent decision by the Participant to cancel If, for any reason, the Participant does not make a payment on the due date then a late payment fee of R900 may be levied. GVI also reserves the right to cancel a Participant’s booking, without any refund should a payment that has come due not be received.
4.10 Refund Policy – Full Payment Upfront Plan
Section 4.10 applies only to those who chose the Full Payment Upfront payment plan.
Participants choosing the Full Payment Upfront option are eligible to take up at an additional cost the GVI cancellation waiver. The waiver comes with several benefits:
- You can cancel your program up to 48 hours before your program start date for a full refund of your program fees less the non-refundable deposit, less the cancellation waiver fee.
- No transfer fee incurred on submission of your first program transfer request, subject to transfer policy terms below
Waiver Purchase and Cost
The cost of the cancellation waiver depends on the length of your program.
- The waiver must be paid for at the time that you pay for your program – it cannot be taken up at a later stage
4.11 Refund Policy – Instalment Payment Plan and Flexi-payment Plan
All payments made become immediately non-refundable. In the event of your needing to cancel, no refunds of any fees paid will be granted regardless of the reason for cancellation. If you wish to have the option of a refund, select the full payment upfront payment plan and purchase the cancellation waiver.
4.12 Transfer Policy
4.12.1 General terms
- In certain circumstances you may wish to transfer from one program to another. Transfers include changes to things such as your start date, location, program type and duration.
- You must select a transfer date that is shown as available on the website. You must inform us of this new date for your transfer request to be considered submitted. For clarity – only dates shown as available on the website considered valid dates for a transfer request. Dates are subject to availability and cannot be guaranteed. Transfers will be confirmed in writing by GVI.
- A transfer will result in the loss of any discounts or scholarships granted
- If the program you are transferring to has a higher cost than your original program, then you will be liable for the cost difference in addition to any other outstanding program fees at that time
- If the program you are transferring to has a lower cost than your original program, then you will NOT be entitled to a refund of any price difference between the two programs. Only those who have the cancellation waiver will receive any refunds for any price difference when transferring to a lower cost program. You remain liable for any outstanding program costs from your original program.
- Transfers are charged at R900 if the request is made more than 90 days prior to start date. If the transfer request is submitted less than 90 days prior to the program start date then the transfer will be charged at R2,700.
- Please note – even if you transfer to a new program, the payment scheduled from your original booking remains in place.
4.12.2 Those with the cancellation waiver
- If you have the cancellation waiver then your first transfer is free. Subsequent transfers are charged as per 4.12.1
- To be eligible for the free transfer, your transfer request must be submitted no later than 8 weeks prior to your current program start; and
- If the program you are transferring to has a lower cost than your original program, then you will be entitled to a refund of the price difference between the two programs. You remain liable for any outstanding program costs from your original program, however.
4.13 Fundraising via the GVI Fundraising Platform (“the platform” or “the fundraising platform”)
This section applies to Participants who choose to pay for their program via the fundraising platform (“Fundraisers”). Fundraisers using the fundraising platform are required to pay the deposit applicable to your program immediately to secure your spot.
Fundraising is subject to a R2,250 fundraising fee over and above the normal program fee.
Final payment for your program is due 3 months prior to program commencement. This is regardless of whether or not the full fundraising target has been reached.
As a Fundraiser, you are permitted to continue fundraising even after you start your program in the field. The last date you will be permitted to fundraise until will be 1 week prior to the end of your program. Any amounts raised by the Fundraiser over and above the total cost of the Fundraiser’s program will be considered excess funds. Excess funds will be paid out to you, the Fundraiser. Any fees paid by the Fundraiser for their program in excess of the final amount raised via fundraising will be refunded to the Fundraiser. Payouts of excess funds may take up to 30 days to process.
Should you cancel your program, all funds raised will be donated to GVI Charitable Programs, a US registered Public Charity.
Fundraisers are solely responsible for determining how to treat funds received via the platform for tax purposes.
This section applies to people donating towards a participant’s program fee via the fundraising platform (“Givers”).
When a Giver makes a contribution to a Participant’s Program, the Giver understands that the following rules and terms apply
Voluntary Contributions. All contributions are made voluntarily and at the sole discretion and risk of the Giver.
No refunds are given on any funds donated: All contributions made will be put towards the Fundraiser’s program and any other stated purpose given by the Participant. Should the participant cancel their program the contribution will be given to GVI Charitable Programs. GVI Charitable Programs is a US-based public charity.
Credit Card Charges. When you contribute to a Campaign, your card will be charged the amount of the contribution after you confirm and submit your payment information.
Givers are solely responsible for determining how to treat their Contributions for tax purposes.
4.14 US Tax Concessions
This section applies only to US resident taxpayers who are paying for a GVI program either as a participant or as purely as a payer. This section does not apply to contributions sent using the GVI fundraising platform.
GVI is working with a US public charity called GVI Charitable Programs. The entity is applying for exemption under Section 501(c)(3) of the Internal Revenue Code.
US Resident Taxpayers who wish to receive a donation receipt must request one when making their initial program payment, via the tick-box on the payment page. Donation receipts cannot be requested at a later date and are only available for payments made in USD. Payments made via the GVI Fundraising platform are not eligible for tax-deductible receipts.
A portion of each participant’s program fees may be deductible on account of it being in excess of the value of goods and services provided to the participant.
Deductions will be subject to the approval of the GVI Charitable Program’s application and the discretion of the IRS. After making payment donations become completely non-refundable. Donations will be used in line with GVI Charitable Programs’ exempt purposes and it retains ultimate authority and discretion on how donations will be used.
US resident taxpayers paying for a GVI program must consult their tax advisor regarding the tax implications of the donation component of their payment.
5. Warranties, Liabilities and Assumption of Risk
5.1 GVI warrants to the Participant that the Services 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 by the insurance policies that have been concluded in the name of GVI. If no compensation is received from the insurance policies, then any and all liability whatsoever, including without limitation, claims grounded in negligence, is hereby limited to a maximum amount of R35,995.
5.4 GVI shall have no responsibility for any activities undertaken by the Participant outside the scope of those directly relating to the Program. No warranty is given in respect of any activities outside the scope of those relating to the Program and it is the Participant’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 the Participant that were not pre-arranged or procured by GVI, its employees or agents.
5.5 The Participant understands that certain risks may arise, including, but not limited to, hazards of travelling in remote areas; travel by automobile, van, bus, aeroplane, boat, 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; dive related accidents, boat accidents; interacting with dangerous wildlife; personal injury or illness from the local environment; accident or illness in remote locations without immediate evacuation or medical facilities; or negligent acts of third parties. The Participant hereby asserts that he/she knows, understands and appreciates these and other risks inherent in the Program and asserts that his/her participation is completely voluntary and assumes all risk associated with the Program.
5.6 The Participant hereby indemnifies and holds GVI, Program Leaders and GVI and its agents and employees harmless against for any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including lawyer’s fees, which may arise in connection with the Participant’s participation in this Program, any activities arranged by or for the Participant by GVI, its agents or employees, emergency medical care if considered essential by the most qualified in-situ personnel.
5.7 The Participant 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 the Participant’s heirs, personal representatives, successors and assigns.
5.8 The warranty contained in this clause 5 is the sole and exclusive warranty as to the Services 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 the Participant 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.
6.1 If the Participant wishes to make a complaint in relation to the Program, he/she shall bring the complaint to the attention of the Program 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 Program Leader or the representative in the host country is unable to resolve a serious complaint, and the Participant leaves the Program before the completion date, the Participant shall provide the Program Leader or the representative in the host country with a written version of events prior to the Participant’s departure.
6.3 No compensation shall be given to the Participant, unless there are extreme circumstances, which shall be determined at the sole discretion of GVI. The Participant 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.
6.4 Should GVI be unable to resolve a serious complaint, it shall be referred by GVI to the legally binding arbitration service, Dispute Settlement Services LTD, at the expense of the participant, which will be refunded should GVI be found in the wrong.
7. Physical and Intellectual Property
7.1 All equipment and resources provided by GVI both prior to and throughout the duration of the Program (including teaching manuals) remain the property of GVI and must be returned on completion of the Program.
7.2 The Participant shall replace any property that is lost or damaged through the Participant’s careless or otherwise negligent behaviour.
7.3 All research, data, reports, photographs and documentation relating to the Program and GVI projects provided by GVI, shall remain the property of GVI without compensation or further recourse to the Participant. 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 Participant while on the Program on its website, brochures, or other marketing, promotional or informational medium.
8. Data Protection
8.1 GVI may collect and use the Participant’s personal data, which may include (but not be limited to) the Participant’s name, address, telephone number, email address, country of origin, and use of the Services, for the purpose of providing and improving the Services.
8.2 GVI may be required to disclose the Participant’s personal data to meet legal or regulatory requirements.
8.3 It may be necessary for GVI to pass data about the Participant to countries outside of the European Economic Area (EEA) from time to time. The Participant hereby agrees that GVI may disclose his/her personal data, including any sensitive personal data such as relevant medical history, to the Program Leaders and any other representatives in the host countries.
8.4 GVI will not distribute any of the Participant’s personal data to third parties, unless this is required to deliver the Services to the Participant; or the Participant gives GVI specific permission to do so.
8.5 GVI will not collect, store, process, transmit or otherwise handle the Participant’s personal information for any purpose that is not indicated in this Agreement.
8.6 GVI will comply with all applicable data protection laws as required from time-to-time.
9. Termination and Expulsion
9.1 GVI reserves the right to:
9.1.1 deny a Participant from participating in a Program; or
9.1.2 expel a Participant from a Program where that Participant is in breach of any term of this Agreement.
9.1.3 request a Participant to show the contents of any room, bag or belonging be shown where there is deemed a health and safety, legal or other serious risk including the possession of illegal and illicit substances. Refusal to comply may lead to expulsion from a program at the discretion of the Program Leader.
9.2 Without prejudice to the generality of clause 9.1 above the following (non-exhaustive) list of acts will result in automatic expulsion:
9.2.1 possession, taking, or supplying of illegal or mind-altering substances, including marijuana;
9.2.2 displaying cruel, thoughtless or rude behaviour or committing acts which could injure or harm another Participant, a Program Leader, a member of staff, or any other person;
9.2.3 disobeying GVI’s, the Program 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 Programs 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 Program Leader at GVI’s own discretion and is not subject to appeal.
9.4 In the event of expulsion for any reason, the Participant will not be entitled to any reimbursement from GVI, nor will GVI be responsible for any additional costs incurred by the Participant as a result of expulsion.
10. Currency of Agreement and Cancellation
10.1 GVI reserves the right to cancel or curtail a Program if, in its sole discretion, it believes that circumstances warrant it. This shall include cancellation because of Force Majeure (as described below).
10.2 GVI reserves the right to cancel Programs that require minimum numbers at their sole discretion. As such we advise Participants on those Programs do not make travel arrangements until the program is confirmed, not less than 8 weeks before departure.
10.3 In all of the above cases where there is a cancellation, GVI’s first recourse shall be to place the Participant on an alternative Program. GVI shall use reasonable efforts to match any alternative Program in accordance with the Participant’s preferences.
10.4 In the case of cancellation by GVI before departure, whether within or beyond GVI’s control, the Participant shall be entitled to their deposit and any monies paid less R2,700 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 Participant as a result of any other arrangements that the Participant may have made; and
10.5 Where there is a cancellation under this clause 10, GVI’s first recourse shall be to place the Participant on an alternative Program. GVI shall use reasonable efforts to match any alternative Program in accordance with the Participant’s preferences.
10.6 Where there is a cancellation under this Section 10, GVI shall give written notice to the other of cancellation, and any payment or alternative placement given to the Participant shall be considered to be in full and final settlement of all and any liability owed by GVI to the Participant.
10.7 In the case of curtailment, the Participant’s first recourse will be to claim from your travel insurance. If no compensation is received from your insurance policies, the participant shall be entitled to a reasonable proportion of the total charge from which any of GVI’s irrecoverable expenditure is deducted. GVI shall not be held liable for any incidental expenses incurred by Participant as a result of any other arrangements that the Participant may have made.
11. Long-Term Course and Internship Specific Information
Required Assessments for Placements
11.1 If a Participant does not complete relevant ongoing assessments required for participation in the Participant’s chosen Placements (including, but not limited to, FGASA, PADI, TEFL and GVI assessments) at or above the required pass mark they will not be offered a placement or continuation of their current Placement. These assessments are academic, practical, and based on general performance and behaviour all of which will be marked through continuous assessment and performance reviews. Placements are offered at the full discretion of GVI and no refund will be issued in the event that the Participant is not offered a Placement.
11.2 In order to pass the FGASA Level 1 course (23 weeks and 50 weeks), and continue on to the placement phase (50 weeks only), Participants must:
11.2.1 reach the pass rate for the course of 75% for theory (overall); and
11.2.2 achieve a practical grading/score of 3 (Average) or more; and
11.2.3 FGASA Level 1 theory result of 75% or more and passing the Level 1 practical assessment.
11.3 Participants on the FGASA level 1 course must have:
- had a driving licence for at least a year before starting the Course; and
- at least one year of continuous manual driving experience.
If, after the evaluation of manual driving skills on the Course, the Participant is found to be unfit to drive the 4×4 vehicles safely, the Participant will not be permitted to drive any GVI vehicles, and will therefore fail the practical aspect of the Course. If this happens, the Participant will not be allowed to attend the Placement phase (50-week course only) of the Course and will not be entitled to a refund.
11.4 If situations arise limiting Placement opportunities available for Participants, due to changes in immigration regulations or general laws, both nationally and internationally, or for any other reason, then a refund of the remaining fee 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 Participants will be placed at the discretion of the Program Leaders.
11.5 Course participants understand that GVI offers no obligation for employment after the end of their Program.
12. Force Majeure
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, Groups Containing Under 18s and under 18 individuals
13.1 A legal guardian travelling with a Participant, will be entering into this agreement on the Participant’s behalf by completing their application for a Program.
13.2 Participants under 18 who are not travelling with a legal guardian, must have this document printed and signed by his/her legal guardian(s), who will be entering into the agreement on the Participant’s behalf. The Participant’s legal guardian(s) will also be required to provide a signed and notarised release form to be submitted to GVI 8 weeks prior to departure.
14.1 This Agreement constitutes the entire Agreement between the parties and shall apply to all Programs and/or other courses provided by GVI and undertaken by the Participant. 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 Participant’s case to the Participant’s address as stated their Program application or by being given to the Participant in person or by delivery to the Participant’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.
English Law shall apply to this Agreement and the parties agree to submit to the exclusive jurisdiction of the English Courts.
I HAVE READ THE WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT CONTAINED IN SECTION 5.5 OF THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS. I ACKNOWLEDGE THAT I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY, AND INTEND BY COMPLETION OF MY APPLICATION TO AGREE TO A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.