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Terms & Conditions

These Terms and Conditions set out the agreement made between Bhubesi Pride Foundation, a charitable organisation whose registered office is at 48 Fore Street, North Petherton, Somerset, TA6 6PZ, UK (“the Foundation/we”) and participants in our rugby coaching projects in Africa (“you”).

1 Your Application

1.1 When you apply to take part in a rugby coaching project in Africa (“Project”), you do so on behalf of yourself and warrant that you have the authority to accept and do accept these terms and conditions which shall apply to the exclusion of all other terms and conditions.

1.2 We will endeavour to confirm if your application will progress to the next stage of the application process within 7 days of receiving your completed application form.

1.3 If we are able to offer you a place on a Project then we shall send you confirmation via email within 30 days of your application together with an invoice for the Project fee.

1.4 Your application is subject to the following conditions:

(a) To secure your place we require a non-refundable minimum deposit of £250 or 10% of the Project fee, whichever is the greater, to be paid within 14 days of the invoice date.

(b) The balance of the Project fee may be paid in instalments, as detailed in the invoice; however, unless otherwise agreed between you and the Foundation, all payments must be received no later than 8 weeks prior to a Project’s scheduled start-date;

(c) You shall provide evidence of full travel and medical insurance for the duration of a Project and emergency contact information within the timescales specified by us on the invoice;

(d) You shall disclose any medical conditions that may affect your full participation in any activity on a Project and warrant that you are medically fit to participate. If we request it, 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 a Project’s scheduled start-date.

(e) As you have applied for a Project where you will be working with children or other vulnerable persons then your Project participation shall be subject to acceptable references and/or a police check through an umbrella organisation registered to, and authorised by, the Criminal Records Bureau (CRB), or similar organisation outside the UK. You will be notified in advance if either or both of these are required;

(f) Failure to comply with these conditions may result in your application being withdrawn.

2 Our Projects

2.1 You accept that any information supplied by us regarding a Project, including content published by third party advertisers, is provided in good faith and based on the knowledge and information available to us prior to publication of the written material and sometimes months prior to the date of departure. You accept that for the latest information on a Project, including fees, you should speak or write to us directly using the contact details on our website at www.rugbyinafrica.org.

2.2 The Project fees are set as given on the website on the date of your completed application form.

2.3 The Project fee includes all Project related travel in Africa, accommodation, daily meals and Bhubesi Pride branded clothing. The Project fee does not include travel insurance, visas, travel medication or travel arrangements to and from Africa.

2.4 Note that the price of items outside the scope of a Project, such as visas, airfares, ferries, United Kingdom or foreign taxes or costs associated with local events and activities not included in a Project may vary and we accept no liability for any increases in such prices.

2.5 You accept that dates for flights to and from a Project may fall outside of your invoiced Project duration. In the event that you require accommodation for days falling outside of a Project’s duration, then you will have to make appropriate arrangements.

2.6 We reserve the right to make alterations to a Project without notice, including alterations to the itinerary. If the alterations cause a significant change in the structure or duration of a Project prior to a Project start date, you will be notified and entitled to change your selected section in accordance with Clause 8.1, or receive a refund of the Project fee, if paid. This shall be the limit of our liability in the event of a significant change.

3 Liability

3.1 Nothing in this agreement shall exclude or limit our liability for (i) fraud or other criminal act, (ii) personal injury or death caused by the negligence of the Foundation in connection with the performance of our duties hereunder or by defects in any product supplied pursuant to this agreement, or (iii) any other liability that cannot be excluded by law.

3.2 Subject to Clause 3.1, in no event will we be liable under this agreement for any damages resulting from: (i) cancellation of flights or costs resulting from missed flights, (ii) loss of opportunity, and/or (iii) any indirect or consequential loss. Such liability is excluded whether such damages were reasonably foreseeable or actually foreseen.

3.3 Save as provided in Clause 3.4 you shall have no remedy in respect of any representation (whether written or oral) made to you upon which you relied in entering into this agreement.

3.4 Nothing in this agreement shall exclude or limit our liability for any misrepresentation made by us fraudulently.

3.5 We will not accept any responsibility for any illness, delays, accident or loss, weather conditions, fire, civil or military disturbance, criminal activity, industrial action, mechanical breakdown, quarantine, border closures, government intervention or other event of force majeure where such events arise for reasons other than our negligence. Although such circumstances are beyond our control, we shall make every effort to provide you with assistance if you are in difficulty. Should it become necessary to abandon a Project because of such an event, we will be entitled to retain such monies received necessary to cover costs incurred.

3.6 You accept that weather conditions may prompt the cancellation of scheduled events within a Project, and that we cannot be held responsible for such cancellations. Cancellation of events or sessions due to adverse weather conditions will be entirely at the discretion of the Foundation. No reimbursements will be made by us for events or sessions lost to bad weather.

3.7 We accept no liability in respect of products or services procured by you from third parties or in respect of activities undertaken by you that are outside of those specified for a Project.

3.8 If we have provided you with the details of any third parties who may provide you with other products or services or assisted you in procuring the services of such third parties, this information and/or assistance is given for your convenience only and does not constitute an endorsement of the said third parties. We accept no liability in respect of products or services procured by you from third parties, such as but not restricted to, travel agents, insurance providers and local suppliers.

4 Health and Safety

4.1 You are responsible for your health and wellbeing. You agree to deal with any medical ailment immediately and seek medical attention and the advice of your medical assistance company, should you require it. You accept that health facilities in Project countries may be of a lower standard than you are used to and consequently may not provide the level of treatment you expect in the case of an emergency.

4.2 You are reminded that the host countries for our Projects do not supply comprehensive free health services.

4.3 Whilst we are committed to ensuring the safety of our team members, we do not accept liability for any negligence on the part of third parties or any other agents used by you, which are not connected to a Project. Otherwise, we will provide as much assistance as is possible, whilst limiting that assistance to non-financial support. Any further help will be provided at the discretion of the Foundation.

4.4 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 6 weeks of a Project’s end-date. The provision of such financial support is entirely at our discretion.

4.5 You accept that all sports 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 as set out in Clause 5.1 below, and you agree that we will not be held liable for any injury or damage caused to you where you have taken a risk willingly, and the injury or damage arose other than as a result of our negligence.

4.6 You are also advised to be aware of current Foreign Office travel advice in respect of countries to which you are travelling. See www.fco.gov.uk for further details.

4.7 If in the reasonable opinion of the Foundation your continued participation in a particular activity or Project may result in either personal harm to yourself or other participants or disruption of the activity or Project then the Foundation may at their sole discretion instigate the disciplinary procedure as set out in Clause 9.

5 Insurance

5.1 You accept that it is compulsory to obtain travel insurance to cover personal accident, medical and hospital expenses and repatriation. Your insurance must cover cancellation, curtailment, repatriation, legal expenses, medical and emergency travel, personal accident, personal liability, rescue and assistance, hijack, and travel delay. You are obliged to ensure that your policy covers all sporting activities that you may be involved in during a Project.

5.2 We accept no responsibility for the loss of or damage to your personal property unless it is caused by our negligence, and it is recommended that you have personal insurance to cover loss of personal property by theft or accident.

5.3 You agree to indemnify us in respect of any claim for loss or damage arising from any accident, personal injury, loss of life or damage to property caused by you during the course of a Project.

5.4 In the event of any damage caused by you to our property you agree to reimburse us in respect of any such costs and damages within 8 weeks of a Project’s end-date.

6 Visas

6.1 You must ensure you have the necessary travel documents before you start a Project. You may contact the Foundation for advice; however, we are not responsible for the final issue of visas. You are responsible for ensuring that your passport, visas and any other travel documents are valid for the countries you will be visiting during a Project and that your return flight date falls before the expiration of any such document.

6.2 Please note that all visas are issued entirely at the discretion of the embassy concerned.

7 Code of Conduct

7.1 You understand that by undertaking a Project arranged by us, in collaboration with you, you will be representing us, and the team, throughout the entire time you are living, working and interacting with local communities in Africa. Furthermore, you will owe a duty of care to anyone who is involved with a Project. Therefore, you agree to abide by the following code of conduct during a Project and accept that should your behaviour fail to comply with any of the conditions outlined below, the Foundation reserves the right to terminate your participation in a Project in accordance with the procedure in clause 9 without any reimbursement of your Project fee.

7.2 The Code of Conduct is as follows:

(a) You shall comply with the laws, customs, foreign exchange and drug regulations of all countries visited during a Project.

(b) You will at all times respect local attitudes, cultures and beliefs. Specifically, you will not make comments of a derisory, sexist, or racist nature to anyone during your stay and you will dress, speak and behave appropriately at all times. This applies particularly whilst wearing Bhubesi Pride Foundation branded clothing.

(c) If you drink alcohol you agree to do so responsibly and in moderation. This applies specifically to alcohol consumption during the evening before any Project work the following day. You understand that you have made a commitment to the Project and will perform to the best of your ability. Arriving for Project work still under the influence of alcohol will not be tolerated.

(d) You shall not act or make any public statement in a manner which, in the reasonable opinion of the Foundation, is or might be prejudice or defamatory to the image and reputation of the Foundation.

(e) If you are undertaking any volunteer Project work, you agree to be available for the minimum hours of the Project provided by and agreed by us. The agreed hours will be three to six hours per weekday (Monday – Friday) unless otherwise expressly stated in literature given to you or by the Foundation.

(f) You will arrive at a Project on time each day and, in the event that you are delayed or cannot attend the Project altogether, you will notify the Foundation as far in advance as is reasonably possible.

(g) Other than during free time expressly provided for in the itinerary, you will not take any time out from a Project, or spend the night away from your accommodation, in order to undertake personal in-country travel or to spend time with friends or family unless you have obtained the written permission from the Foundation.

(h) You will not allow any person to enter or spend the night at your accommodation unless you have obtained the written permission from the Foundation.

(i) You will not leave a Project earlier than the intended end date without consulting the Foundation.

(j) You will ensure that any equipment used by you, whether personal belongings or otherwise, are cleared away and kept tidy and orderly at all times, in both personal and communal living areas, in vehicles and/or within communities. You will treat your accommodation with respect.

(k) You will not buy, handle or consume any illegal substances during a Project. You understand that we have a zero-tolerance policy on this matter and anyone who is caught in possession of illegal substances or is suspected of using or handling them will be asked to leave the Project immediately.

(l) You acknowledge that we explicitly advise against you developing sexual relations with any persons in the countries where you are staying and you do so at your own risk. Specifically, you accept and understand that there may be different attitudes to sexual relations in the countries that you visit, and that this could result in danger to yourself. You also accept that health facilities may be of a lower standard in Project countries and that HIV/AIDS and other sexually transmitted diseases may also be common. You acknowledge that you are aware of the risks of unplanned pregnancy, HIV/AIDS and other sexually transmitted diseases involved in unprotected sexual relations. You also acknowledge that you are aware that drugs are sometimes used in cases of rape/non-consensual sex and this may be a risk while socialising during a Project.

(m) You acknowledge that prostitution is illegal but understand that it is common in a number of the locations in which we operate. You will not engage in any activities with prostitutes and they must never accompany you back to your accommodation. If you suspect a person of being a prostitute you should remove yourself from their company at once.

(n) You shall comply with all reasonable requests of the Foundation with respect to matters relating to the organisation of a Project and the safety and wellbeing of yourself and others. Failure to do so may put you or others in danger.

(o) In addition to the provisions outlined above you also agree to respect and uphold the Foundation’s Core Values and Child Protection policy which will be provided before starting a Project.

8 Cancellations and Amendments Policy

8.1 Once you accept a place and begin making payments, any monies paid are non-refundable unless in exceptional circumstances which must be put in writing to us for consideration, should you need to withdraw from your commitment to participate.
Any request from you to amend your selected section of a Project must be put in writing by email. If there is sufficient capacity and we agree to transfer your application to a different selected section, then we will transfer any part of the expedition fee that you have paid to the new section. A transfer may incur a ‘transfer fee’. Note that if the fee for the new selected section is less than the amount already paid, you will not be entitled to a refund of the difference.

8.2 In the event of us cancelling a Project before the specified start-date other than as a result of a force majeure event as set out in Clause 3.5 above, we will refund to you whatever portion of the expedition fee you have paid. This will be the full extent of our liability.

8.3 In the event of us cancelling a Project after the specified start date other than as a result of a force majeure event as set out in Clause 3.5 above, our liability shall be limited to a refund of the Project fee pro-rata according to the percentage of the total planned Project time that has already elapsed.

8.4 In the event of cancellation of a Project as a result of a force majeure event as set out in Clause 3.5 above then we shall retain whatever portion of the Project fee paid is necessary to cover our reasonable expenses incurred in organising that Project and refund to you the remainder. This will be the full extent of our liability.

8.5 You acknowledge that your payment of the Project fee contributes to the overall costs of equipment, staff, administration and Project delivery, incurred by us in planning and organising a Project, and that we will have incurred the largest part of our costs on a non- recoverable basis before a Project’s start-date. Therefore, if you decide to leave a Project before the specified Project end-date other than as a result of our breach of this agreement, no refund will be made to you.

8.6 If the Foundation decides to remove you from the Project as a result of you breaching the code of conduct then no refund will be made to you.

9 Disciplinary Procedure

9.1 The disciplinary procedure may be invoked at the sole discretion of the Foundation. If at any stage you feel that this procedure is being applied unfairly or without cause, you should raise this directly with the Foundation and, if you feel the matter has not been resolved to your satisfaction, you may raise a complaint in accordance with Clause 10 below.

9.2 The disciplinary procedure is as follows:

(a) Upon the first incident of unacceptable behaviour or a breach of the Code of Conduct, the Foundation shall warn you verbally that your behaviour is unacceptable and shall explain to you the reasons for this unacceptability.

(b) If such behaviour or breach continues, the Foundation shall provide you with a written warning, stating that any recurrence may result in you being required by the Foundation to leave the Project and, if appropriate, the country, without reimbursement of your expedition fee.

(c) Upon a subsequent repeat of the unacceptable behaviour or upon a serious breach of the Code of Conduct the Foundation may, at their sole discretion, require that you leave the Project and, if appropriate, the country, without reimbursement of your expedition fee.

9.3 In the event that the disciplinary procedure is invoked under Clause 9.2(c) and you are required to leave the Project and, if appropriate, the country, you agree to do so without causing fuss, disturbance or aggravation and at the time specified by the Foundation.

10 Complaints

10.1 With regard to any complaint or claim in connection with a Project, You agree:

10.1.1 to ensure that, at the earliest possible opportunity, any perceived failure in the performance or improper performance of this agreement is communicated to the Foundation so that your concerns can be addressed; and

10.1.2 to notify us in writing at our offices as set out above with regard to any unresolved complaint or claim within 30 days of a Project’s end-date, setting out:

(a) the details of the Project
(b) the nature of your complaint or claim
(c) how best you feel we can resolve your complaint or claim.

10.2 Any complaints directed against the Foundation should be raised by post or email directly to us at our office.

10.3 Upon receipt of your complaint or claim we shall investigate the details set out in your notification and shall use our reasonable endeavours to contact you within 14 working days of receipt of your notification to address your complaint or claim.

11 Personal Data and Image Rights

11.1 In order to provide the services included within a Project and to meet our obligations with respect to your health and safety, we may distribute your personal details, including but not limited to your name, contact address, phone number, email address, and emergency contact and/or next of kin details to third parties who are involved in the organisation of a Project. Some of these third parties are located in countries not regulated by equivalent provisions to those in the Data Protection Act 1998 (“the Act”) and you will not be able to rely on these provisions to ensure the security of your personal data as defined within the Act. We shall request that third parties keep your personal data confidential and to use it only for the purposes for which it is supplied and shall use our reasonable endeavours to ensure each third party’s compliance with this request. In submitting your application form you accept that you are consenting to the transfer of your personal data as set out in this Clause.

11.2 We may retain your contact details after a Project’s end-date, for the purpose of providing you with information regarding other Projects that may be of interest to you. If you prefer not to receive such information, please notify us in writing or by email.

11.3 We own the copyright and all intellectual property rights in any photographic, audio or video material produced by us during a Project (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 a Project 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.

12 Email Policy

12.1 The Foundation may, at its discretion, provide you with an official email account (your name)@rugbyinafrica.org to be used primarily for Project related work. Unreasonable or excessive personal use is not permitted.

12.2 Your account will remain active for up to 12 months after completing a Project. However, the Foundation can withdraw this facility at any time.

12.3 Any email account provided by the Foundation shall not be abused. An absolute definition of abuse is difficult to achieve but includes and is not limited to the creation or transmission of: illegal material; unsolicited advertising or other junk mail; abusive, offensive, obscene or indecent material; or any material which brings the Foundation into disrepute. Abuse of this facility will result in your account being closed and may lead to you being asked to leave the Project immediately without a refund.

13 Agreement to Terms and Conditions

13.1 It is important that you read and understand these Terms and Conditions prior to submitting your application form. If you have any questions or concerns about the meaning of any item in these Terms and Conditions, you are requested to raise these with us before submitting your application.

14 Law

14.1 This agreement is subject to English law and is subject to the exclusive jurisdiction of the English Courts.