Terms and Conditions

Helpmelearn Limited is a private limited company registered in Gibraltar with incorporation number 119628 and its registered office situated at Madison Building, Midtown, Queensway, Gibraltar, GX11 1AA (“the Charity”).

The Charity is registered with the Charities Commission of Gibraltar with Charity Number 303.

Please take the time to read and understand the conditions of your booking which are set out below. The Charity strongly recommends that you also read the Project Overviews on the Charity’s website relating to your trip prior to booking to ensure that you understand the itinerary and style of the trip you will be undertaking.

1. Our Contract

a) By making your first payment you agree to be bound by these terms and conditions and a legally binding agreement will come into existence between you and the Charity at this point.

b) The minimum age to participate in one of the Charity’s projects (“Project(s)”) is 18. If you are under 18 years of age, you must be accompanied by a legal guardian and you must have this document printed and signed by your legal guardian who will be entering into this agreement on your behalf.

If you are under the age of 18 and will not be accompanied by your legal guardian, you will NOT be able to participate in any of the Projects.

c) There is no upper age limit for most of our trips, but the Charity wishes to remind you that the Charity’s Projects can be physically demanding and will involve significant amounts of exercise and manual labour.

d) Please note that women who are pregnant or who at any time before the Project commencement date become pregnant will NOT be allowed to participate in any Projects. Cancellation of an already paid for Project may result in financial loss.

2. Prices

a) Prices are correct at the time of publication. The Charity reserves the right to make changes to and correct errors in advertised and quoted prices at any time before your arrangements are confirmed. The Charity’s prices for its Projects are based on currency exchange rates at the time of booking and may vary from time to time. The Charity reserves the right to impose surcharges up to 60 days before the commencement date of a Project due to unfavourable changes in exchange rates.

3. Payment Terms

a) The fees in relation to every Project is different and may vary from time to time. As part of the Charity’s process of organising a Project, the Charity carries out a consultation with community leaders of the Project’s site to agree your costs in relation to the items listed in paragraph 3(e) below (your “Project Costs”). The Charity will inform you of your Project Costs before you are asked to pay a non-refundable deposit (“the Deposit”) and will be based on your customised itinerary.

b) Subject to obtaining prior approval by the Charity, you may choose to travel to the Project’s designated airport (which will be communicated to you by the Charity) at a different date to other participants, however, travel arrangements must be made in consultation with the Charity so as to ensure arrangements can be made to collect you at the designated airport on arrival. This must be agreed between you and the Charity by no later than 60 days before the commencement date of the Project.

c) Once you have been accepted by the Charity to participate on a Project, you are required to pay the Deposit which will go towards your Project Costs. If your booking is made within 60 days of the commencement date of the Project then the Project Costs shall be payable to the Charity in full at the time of booking.

d) The remaining balance of the Project Costs (that is to say, the Project Costs, less the Deposit) shall be due 60 days prior to the commencement date of the Project which will be communicated to you by the Charity. In the event that the Charity does not receive Project Costs in full and on time, the Charity reserves the right to cancel your booking in which case the cancellation charges set out in clause 5 (Changes and Cancellations by You) will apply.

e) The Project Costs WILL cover:

your airport transfer to and from the designated airport (in the country where the Project is being carried out) if you arrive on one of the organised arrival dates which will be arranged by the Charity (“Organised Arrival Dates”);

3 meals per day from Monday to Friday whilst at the Project’s site accommodation;

unlimited supply of treated drinking water from the Project’s site;

24/7 support from on-site crew and your Project manager (which shall be introduced to you by the Charity in due course).

f The Project Costs WILL NOT cover:

• your flights;
• your airport transfer if arriving before or after one of the Organised Arrival Dates;
• any taxes or charges;
• excess baggage charges;
• meals, snacks or drinks other than those specified above;
• travel visas;
• passport fees;
• local permits;
• personal travel insurance;
• optional activities;
• sightseeing costs;
• medical treatment.

g) As a condition to participating in the Charity’s Projects, all participants will be asked to fundraise an agreed amount of donations by the date being 60 days before the commencement date of the Project. This date will be communicated to you by the Charity via email. The money can be raised locally via events, or online using a fundraising website. The money raised online or locally is to be paid into the Charity’s bank account which shall be used by the Charity for charitable purposes as it deems fit. All donations fundraised by you and deposited into the Charity’s bank account shall be entirely non-refundable.

h) For the avoidance of doubt, any donations fundraised by you to be donated to the Charity in accordance with the paragraph above shall not form part of your Project Costs or Deposit.

i) Acceptance of your booking will be communicated to you by email by the Charity.

4. Your Details

a) In order for us to confirm your travel arrangements you must provide all requested details in a timely manner. Necessary details include:

• full name as per passport;
• date of birth;
• nationality; and
• any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements.

b) When you register with us you will have to tell us about any significant current or past medical conditions that we should be aware of, including any special dietary requirements or food allergies that we need to plan for. We may then ask you to complete a Pre-Departure Self-Assessment Form and for you to consult with your doctor if you have any doubts regarding the nature of your trip and your physical ability to enjoy it. We may also require a medical referral. Your booking cannot be confirmed without provision of the abovementioned details.

5. Changes and Cancellations by You

a) Should you wish to make any changes to your confirmed arrangements you must notify the Charity as soon as practically possible by email. If you notify the Charity less than 60 days prior to the Project’s commencement date no refunds will be made to you and you will have to bear the costs of any changes.

b) If you change or cancel your participation after making a booking, you may lose some or all of the money you have paid towards the Project. A change or cancellation will only be effective when we receive written confirmation of the change or cancellation by email. As the Charity will have incurred costs from the administration connected to your booking and personal arrangements, the following cancellation charges apply:

c) The Charity may waive the abovementioned cancellation charges at its sole discretion depending on the reason for cancellation. The Charity is not responsible for any incidental expenses that you may have incurred as a result of your booking such as visas, vaccinations or non-refundable flights.

6. Changes and Cancellation by the Charity

a) The Charity starts planning the Projects many months in advance and will endeavour to ensure that the Project is adhered to as closely as possible as advertised on the Charity’s website. However, in certain circumstances, changes may need to be made for reasons such as the requirements of the local community, your own safety and wellbeing, or advice issued by the Foreign and Commonwealth Office. The Charity reserves the right to make any changes it deems necessary at its sole discretion.

b) The nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events. The Charity will not provide any refunds for minor changes.

c) In the event that the Charity were to make any major change(s) before the Project’s commencement date, the Charity will inform you as soon as reasonably possible if there is time before departure. For the purposes of this paragraph, the definition of a major change is a change substantially affecting at least one day in five of the itinerary provided to you. If a major change is made, you may choose between (1) accepting the change; (2) obtaining a refund; or (3) accepting an alternative trip offered in the future.

d) The Charity reserves the right to change the itinerary at any point after departure at its discretion. Changes may be necessary to accommodate circumstances or events outside of the Charity’s control. In such circumstances the additional cost of any necessary itinerary alterations will be covered by you.

e) Please note that the Charity is not responsible for any incidental expenses that may be incurred as a result of the change of itinerary such as visas, vaccinations or non-refundable flights.

7. Passports, Travel Visas and Vaccinations

a) Passport and visa information provided by the Charity is for guidance purposes only. You must carry a valid passport and have obtained all of the appropriate visas, permits and certificates for the countries in which you will visit during the Project. Your passport must be valid for 6 months beyond the duration of the Project. It is your responsibility to ensure that you are in possession of the correct visas, permits and certificates necessary for the Project (please refer to the Project Overviews page of the Charity’s website for details). The Charity is not responsible if you are refused entry to a country because you lack the correct passport, visa or other travel documentation. Furthermore, the Charity is not responsible for any incidental expenses that you may have incurred as a result of visa problems such as vaccinations or non-refundable flights.

b) You should arrange a visit to your doctor/travel clinic to receive the latest health advice and arrange vaccinations and it is your responsibility to ensure you have all the appropriate vaccinations and medication. You should do this in good time before your departure. Please note that if you do not have the appropriate vaccinations it may invalidate any related medical claim made through your travel insurance.

c) It is your responsibility to arrange and ensure that you are in possession of all necessary health and travel documents before departure. The Charity will not accept any liability if you are refused entry onto any transport or into any country or if you are not issued with an appropriate visa due to failure on your part to arrange or carry correct documentation or due to any reason beyond our control.

8. Travel Insurance

a) Travel insurance is compulsory for all participants and should be taken out at the time of booking. Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation. A recommended minimum coverage of £150,000 for each of the heads of cover is advised. It is also recommended that your travel insurance covers cancellation, curtailment, personal liability and loss of luggage and personal effects. It should also cover you for all activities.

YOU MUST PROVIDE PROOF OF YOUR TRAVEL INSURANCE TO THE CHARITY BEFORE TRAVEL.

9. Medical Conditions and treatment

a) IMPORTANT NOTICE: Access to medical facilities and medical treatment is scarce and can be very difficult to reach quickly in countries where the Charity will be arranging the Projects. There are limited medical supplies at the Project’s site and medical facilities can be a great distance away from the Project’s site. Access to ambulances may not be possible in all locations where you may be carrying out volunteer work.

b) Volunteers must be in good physical and mental health and may be required to complete a medical questionnaire and supply the Charity with a medical reference from a registered doctor.

c) If you have any medical condition, disability or reduced mobility which may affect your ability or fitness to participate on the Project, you must inform the Charity and provide full details of the same before you make any payment to the Charity. If the Charity is of the opinion that it will be unable to properly accommodate or cater for your particular needs, the Charity will not accept your application. The Charity reserves the right to refuse and cancel any applications or bookings on these grounds.

d) If you require medical treatment during the Project, you acknowledge and agree that you will be solely responsible to cover any and all costs incurred in this regard. You agree that the Charity’s staff may give consent for medical treatment on your behalf where you are unable to give consent yourself.

10. Force majeure

a) The Charity shall not be in breach of this agreement or otherwise be liable for any failure or delay in the performance of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control. The Charity shall not be liable to pay any compensation where the performance of this contract is prevented or affected as a result of events, circumstances or causes outside of its control. This includes, but is not limited to, war (or threat thereof), riot, civil strike, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, pandemics or epidemics, adverse weather conditions, fire and similar events outside the control of the Charity.

11. Authority on a Trip

a) The Charity’s Projects are run by a designated project leader which shall be communicated to you by the Charity. The decision of the group leader is final on all matters likely to affect the safety or well-being of any person participating in the Project. If you fail to comply with a decision made by a group leader, or interfere with the well-being of the group, the group leader may order you to leave the Project immediately with no right of refund. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited. You also agree to travel in accordance with our responsible travel guidelines. We may ask you to undergo a criminal record check before accepting you on to a trip, or at any stage after that.

b) You hereby acknowledge and agree to respect the decisions and authority of the project leader at all times in all matters pertaining to the Project, health and safety and the local population and agree to follow the Volunteer Code of Conduct set out below:

DO

• Treat everyone with respect regardless of gender, ethnicity, disability, sexuality or religious beliefs;
• Look after yourself and others;
• Fulfil the expected volunteer role including duties, working days and times;
• Follow rules and all reasonable instructions from the project leader and support staff;
• Follow local laws and respect local customs;
• Bring any concerns or issues to the attention of the local team or project leader as soon as possible.

DON'T

• Put yourself or others at risk;
• Do anything that could cause harm to people, animals, property or the environment;
• Behave in any way that is inappropriate, illegal or could jeopardize the work of the Charity or its volunteers
• Be absent without prior communication;
• Discriminate in any way;
• Display any form of aggression or abuse to others;
• Have any inappropriate physical, verbal, electronic or online contact with others;
• Purchase or otherwise acquire any intoxicating liquor, drug or substance or otherwise bring any of the same with you on the Project.

THE CONSUMPTION OF ALCOHOL OR ILLEGAL SUBSTANCES IS STRICTLY PROHIBITED AND WILL RESULT IN THE IMMEDIATE TERMINATION OF YOUR PARTICIPATION.

c) If you significantly break this agreement the Charity reserves the right to immediately terminate your participation in the Project and prohibit you from participating in the Project. Should your participation be terminated in this way, you hereby agree that you will immediately make alternative travel arrangements to leave the Project’s site. In the event of termination under this paragraph, you will be responsible for making and paying for any additional travel arrangements to leave the Project’s site early and you will not be entitled to any refunds from the Charity.

12. Acceptance of Risk

a) Whilst the Charity will do all it can to minimize the risks within its control, you acknowledge that the nature of the Project is adventurous and participation involves a degree of personal risk. You will be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives. Where there is risk, serious accidents can happen, and this must be understood by volunteers and their families.

b) It is also your own responsibility to acquaint yourself with all possible relevant travel information and the nature of your itinerary. You hereby acknowledge and agree that your decision to participate in the Project is made in light of consideration of this information and you accept that you assume the personal risks attendant upon such travel.

c) Whilst there are undoubted risks in travelling abroad, it is important to recognize that these can generally be minimized by simple and sensible behaviours and the majority of people travelling to Ghana or any other country, have a healthy, enjoyable and trouble-free stay.

13. Limitation of Liability

a) You acknowledge the potential hazards that may arise in this kind of travel, including injury, disease, loss or damage of property, inconvenience or discomfort. This type of travel is one that should allow for alternatives and a substantial degree of flexibility. The outlined itineraries given for each Project must, therefore, be taken as an indication of what each participant should expect, and not as a contractual obligation on the part of the Charity. Changes in itinerary may be caused by circumstances beyond the control of the Charity. The Charity reserves the right to make alterations to the itinerary (and to the Project generally) without notice. No refunds will be given in the event that any pre-arranged activities are changed or not done.

b) You hereby acknowledge that travelling independently or carrying out any kind of activity which is outside of the pre-arranged itinerary, at any time before, during or after the Project is done entirely at your own risk. The Charity does not accept responsibility for any loss or injury (including, without limitation, loss of personal property, illness, personal injury and/or death) suffered by you which is caused by a third party that is unconnected to the Charity, or which results from any activity not arranged by the Charity.

c) By choosing to operate any motorised vehicles in any country where a Project has been organized, you acknowledge and agree that obtaining the necessary licences, permissions, insurance and safety precautions are your sole responsibility and that the Charity will not be held liable.

d) The Charity, and any representative third parties, reserve the right to prevent or restrict any participant’s involvement at any stage for any reason (including but not limited to) for the safety of the Project and all other participants.

e) Notwithstanding the above, the Charity does not seek to exclude or limit any liability for death or personal injury caused by negligence on its part or for any other loss or damage for which the Charity is legally prohibited to exclude or restrict liability.

f) The information provided in the Charity’s website is provided without warranties or any other representation. The Charity does not accept liability for any loss or damages, including, without limitation, indirect or consequential damages, loss of profits, third party losses, or any other loss or damages whatsoever arising out of, or in connection with the use or loss of use of the Website.

14. Free time and independent activities

a) There will be periods of free time during the trip when you will not be carrying out any volunteering work. These periods are outside the jurisdiction of the Charity and due to the unspecified nature of the free time have not been fully risk assessed. We may provide you with information about activities in the area you are visiting. Where we have not agreed to arrange, provide or perform these activities as part of our agreement with you, subject to these conditions, we do not accept any responsibility for them even where we suggest a particular operator and/or assist you in any way in booking such activities or excursions. You should make sure you have adequate travel insurance cover for any activities you may do.

b) You are expressly prohibited from carrying out any illegal or immoral acts during any periods of free time. Should we become aware of any illegality or immorality, we reserve the right to terminate this agreement. In these circumstances, we reserve the right to terminate your trip and your participation in the volunteering activities arranged by the Charity. You will be solely responsible for making arrangements to leave the accommodation area and any other area where the Charity or any other volunteers are present. You will further be responsible for making and paying for any additional travel arrangements to leave the trip early.

15. Claims & Complaints

a) If you have a complaint about your trip please inform your on-site project leader or Ms Louise Barea on the contact details set out below. If satisfaction is not reached through these means then any further complaint should be put in writing to us within 30 days of the end date of your Project with us. We will not accept any liability for any complaints or claims if you fail to notify us of the complaint allowing us to investigate and resolve the problem, in accordance with this clause.

16. Severability

a) In the event that any term or condition contained in these terms and conditions is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.

17. Governing Law and Jurisdiction

a) These terms and conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of Gibraltar.

b) Each party irrevocably agrees that the courts of Gibraltar shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms and conditions or their subject matter or formation.

18. Photos and Marketing

a) You consent to us taking, editing and using images of you taken during the trip for advertising and promotional purposes in any medium we choose, including but not limited to, publishing the same on the Charity’s social media platforms. You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes.

19. Privacy Policy

a) We need to collect personal information from you and we use this to complete your booking, manage the arrangements for your trip and communicating with you generally. This outlines the types of personal information we receive and collect when you participate in one of the Charity’s Projects, as well as some of the steps we take to safeguard information.

b) Any personal information that we collect about you may be used for any purpose associated with the organisation and/or operation of a trip or to send you marketing material in relation to our events and special offers. The information may be disclosed to the Charity’s project managers, legal representatives, agents, service providers or other suppliers to enable us to organise and/or operate the trip. We will only disclose medical information for your own health and safety.

c) The Charity’s website automatically records information when you visit our website, including the pages you visit, your IP address, browser type and language, and the date and time of your visit. This information is used to make improvements to our site and make it easier to find the information you are looking for.

d) You have the following rights, which you can exercise free of charge:

• Access - The right to be provided with a copy of your personal data;
• Rectification - The right to require us to correct any mistakes in your personal data;
• To be forgotten - The right to require us to delete your personal data-in certain situations
• Restriction of processing - The right to require us to restrict processing of your personal data-in certain circumstances, e.g. if you contest the accuracy of the data; and
• To object - The right to object:
• at any time to your personal data being processed for direct marketing (including profiling);
• in certain other situations to our continued processing of your personal data, e.g. processing carried out for the purpose of our legitimate interests.

20. How to complain

If you have any concerns, regarding these terms and conditions or any information provided in the Charity’s website please contact:

Ms Louise Barea

Email: [email protected]

Telephone: +35054009054

We hope that we can resolve any query or concern you may raise about our use of your information. If we are unable to resolve your query or concern you may contact the Gibraltar Regulatory Authority who may be contacted at [email protected] or telephone: (+350) 20074636.