It is essential that you carefully read and understand these Booking Conditions which contain important information. They constitute the contract between you & MBRSC for the services provided by MBRSC and set out the basis of your legal relationship with MBRSC. By booking with us you acknowledge that you have read and understood and that you agree to be bound by these Booking Conditions.
By booking with us you agree to assume all risks
associated with the activities to the maximum
extent permitted by law. By booking with us you
acknowledge your decision to take part in our activities is made after due consideration of
relevant information that may be made available at any time and
you agree to assume the risks associated with the
activities. Where MBRSC provides services it will do
so with due care and skill. MBRSC is not responsible
for the acts and omissions of others, including
guides, transport and accommodation providers or
for any loss, damage or expense (including loss of
money paid in advance) which you may incur as a
consequence of the acts and omissions of others.
You warrant that you have not relied on any representation made by MBRSC which has not been stated expressly in these conditions. MBRSC will not accept responsibility or liability for any client who contravenes any law or regulation of any area visited. Any independent arrangements that you make that are not part of the MBRSC experience are entirely at your own risk. MBRSC does not accept liability for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with this contract or in respect of a failure or omission on the part of MBRSC to comply with its obligations under this contract.
2 Exception to disclaimer
This disclaimer set out in these booking conditions does not attempt or purport to exclude, restrict or modify liability arising under statute if, and to the extent, such liability cannot be lawfully excluded. 2 Cancellation by MBRSC MBRSC reserves the right to cancel activities and will advise you of such cancellations. In this case MBRSC will offer you alternative arrangements and if the price of your alternative booking is of lower value than the original booking we will refund the difference to you. If you do not accept alternative arrangements we will refund all payments you have made to MBRSC, less any unrecoverable costs incurred by MBRSC, but we will not be liable under any circumstances whatsoever for any claims made by you for any additional costs incurred by you. MBRSC will not be liable for any delay in, change to or cancellation of any activities or experiences due to Force Majeure. Force Majeure means a circumstance beyond the reasonable control of MBRSC and includes but is not limited to war or threat of war, riot, civil strife, terrorist activity, industrial dispute, disease, industrial or nuclear disaster, adverse weather conditions, fire and strikes. If MBRSC does cancel a booking because of Force Majeure, or government advice, MBRSC will offer you alternative arrangements and if the price of your alternative booking is of lower value than the original booking we will refund the difference to you. If you do not accept alternative arrangements, we will refund all payments you have made to MBRSC less any unrecoverable costs. MBRSC will not be liable for any additional costs incurred by you.
3 Cancellation by you
If you wish to cancel all or any part of your booking notification of cancellation must be made to MBRSC in writing. The date when written confirmation of cancellation is received by MBRSC will determine the charges applicable. Loss of money paid is as follows (unless agreed otherwise in writing): • Between 12 to 6 days before the start of event - loss of 50% of total booking cost • 5 days or less - loss of 100% of total booking cost Additional MBRSC cancellation penalties may apply. No refunds will be made if you leave an activity or experience for any reason after the activity or experience has begun.
4 Booking Amendments
If you need to change your booking or any part of your booking before the start of your experience, we reserve the right to charge a transfer fee to cover administration costs. You will be informed of any such fee. Any transfer fee must be paid prior to the commencement of the amended booking.
5 Changes to your experience
Changes may occur because of Force Majeure, poor road conditions, weather, availability of land or sea transport, vehicle breakdowns, or other circumstances beyond MBRSC’s control. You accept that such changes may occur. Where changes occur we will, where practical, advise you of such changes. MBRSC does not accept any responsibility for loss of enjoyment, delays or compensation resulting from changes due to Force Majeure or any reasons beyond MBRSC ’s control.
6 Authority of the leader
During all activities the decision of the MBRSC leader, guide or representative will be final on all matters likely to affect the safety and well-being of the experience or activity. You must, at all times, strictly comply with the laws, customs, foreign exchange and regulations of all places visited. Should you fail to comply with the above, or should you interfere with the wellbeing of the group then the trip leader, guide or company representative reserves the right to order you to leave the experience or activity immediately with no right of refund.
During water activities life jackets must be worn at all times. During cycling activities helmets must be worn at all times. During rock climbing or abseiling activities helmets and harnesses must be worn at all times. MBRSC supply clients with suitable protective gear however clients can choose to wear their own safety equipment as long as it meets international safety standards. MBRSC and its service providers take no responsibility for clients failing to wear the required safety gear or follow the directions of the supervising staff. Clients choosing to undertake activities with or without supervision do so entirely at their own risk and fully accept that such activities may carry the risk of injury or death.
If you have any complaint about your experience or activity, you must make it known at the earliest opportunity to the MBRSC local representative, who will, where possible, take appropriate action. If you are not satisfied with their response and feel your enjoyment is likely to be significantly affected you should notify us in writing and we will do our best to resolve the problem. If, at the end of the experience, you feel your complaint has not been properly dealt with you must notify us in writing within 30 days of the end of your experience.
9 Pre-existing medical conditions
It is your responsibility to advise MBRSC of any preexisting medical conditions that might
expected to increase the risk of you requiring medical
attention, or that might affect the normal conduct of
your experience or activity and the enjoyment of other
party members. You may be required to provide an
assessment of your medical condition from a qualified
medical practitioner, if requested by MBRSC employees
or suppliers. MBRSC reserves the right, at its discretion,
to cancel your booking and refund the money paid by
you, less any unrecoverable costs.
MBRSC also reserves the right to cancel your participation in an activity at any time, including after the commencement of your activity, with no right of refund if your medical condition could be reasonably expected to affect the normal conduct of the activity.
10 Health and fitness
Many of our experiences require a certain amount of walking, biking or other activity. Generally, the activity is moderate. However at times it can be over rocky or unstable ground surfaces, sometimes involving steep ground and mid-summer heat. If you have any doubts about the content of your experience please discuss your needs with us before you book. MBRSC reserves the right, at its discretion, to cancel your booking and refund the money paid by you, less any unrecoverable costs, if it is deemed that you are not suitable for the experience booked.
You agree that MBRSC may use images of you taken during the event without recourse to you and without compensation to you, for publicity and promotion purposes only through whatever medium it chooses.
Certain information will be collected by us to supply the services to you. Your personal information is collected only to enable us to provide you with the services you wish us to provide. The information may be disclosed to or collected on our behalf by our service providers to enable the services to be provided, but will not be used by them for any other purpose. The products or services may not be provided without this information. The information may also be used to inform you of additional products and services, which may be of interest to you. All reasonable information which we collect will be kept confidential to the best of our ability. MBRSC will not disclose personal information such as your name, address, telephone number to any person outside of the organization, unless you have authorized us to do so or unless required by law to disclose such information. Furthermore, under no circumstances will MBRSC sell or lease or in any other way provide personally identifying information to any third party.
13 Governing law
This contract and all matters arising from it are subject to the laws of Dubai and Dubai courts only will have jurisdiction over any dispute arising under this contract.