WorkingAbroad Projects Ltd
Terms and Conditions
1. Contract Formation
By signing the application form you (the “Applicant”) hereby agree to enter into a legally binding contract (the “Contract”) with WorkingAbroad Projects Limited (“WorkingAbroad”) (a not-for-profit company limited by guarantee) and to be bound by these terms and conditions as if contained within the Application Form.
Project - means the project described [Wildlife Rescue Volunteer Programme in Indonesia]
Application Payment - means the payment of one hundred and ninety five pounds (£195, includes VAT) submitted with the Application Form;
Applicant Costs - means the costs and expenses that the Applicant is wholly responsible for including all visas, airfares, travel and medical insurance, personal travel costs and expenses as described in Clause 4.1.2;
Application Form - means the application form for the Project contained on WorkingAbroad’s web site and Application shall be construed accordingly.
Departure Date - means project start date as set out on the website;
Project Costs - means seven hundred and five pounds sterling (£705) (2 weeks) payable by the Applicant pursuant to Clause 4.1 such costs relating to those items stated on the Wildlife Rescue Volunteer Programme in Indonesia website;
3. Conditions of Application
3.1 Upon receipt of the Application Form and the Application Payment WorkingAbroad shall process the Application to ascertain whether the Applicant can be accepted on the Project.
3.2 WorkingAbroad shall advise the Applicant by email within fourteen (14) working days if the Applicant has been accepted on the Project. Acceptance on the Project is entirely at the discretion of WorkingAbroad.
3.3 Subject always to Clause 4.3, in the event that WorkingAbroad is unable to offer the Applicant a place on the Project the Application Payment shall be refunded in full.
4. Terms of Payment
4.1 The Applicant hereby agrees to the following:
4.1.1 to pay the full amount 2 months before arrival on the project, and
4.1.2 to be fully responsible for all Applicant Costs.
4.2 WorkingAbroad hereby confirms that there will be no increase or surcharges on the Project Costs.
4.3 If the Applicant either:
4.3.1 fails to pay the Project Costs within the timeframe set out in Clause 4.1.1 or
4.3.2 withdraws his or her Application before the final Project Costs are due
then WorkingAbroad shall be entitled (in its sole discretion) to cancel the Applicant’s place on the Project and in such circumstances the Application Payment is non refundable.
5.1 If the Applicant wishes to cancel his or her place on the Project prior to the Departure Date he or she must notify WorkingAbroad in writing at The Coombe, Spring Barn Farm, Kingston Road, Lewes, BN7 3ND, East Sussex United Kingdom. The amount of any refund will be based on the length of notice given as follows (calculated on the final balance payment) (2 weeks):
5.1.1 More than sixty (60) days notice - £705;
5.1.2 More than thirty (30) but less than sixty (60) days notice - Applicant will be able to choose a new participation date free of charge within the following 12 months. If not settled within the 12 months, the Applicant can get £352,50 refunded;
5.1.3 Less than thirty (30) days notice - Applicant will be able to choose a new participation date free of charge within the following 12 months. If not settled within the 12 months, the Applicant can get no refund;
6. Applicant Responsibilities
6.1 The Applicant hereby agrees to the following:
6.1.1 responsibility for arranging valid passports, visas, travel, medical insurance, vaccinations and air travel; and
6.1.2 responsibility to provide WorkingAbroad with details of the Applicant’s flights, travel and medical insurance, passport details and any other information as WorkingAbroad may reasonably require prior to the Departure Date.
6.2 The Applicant agrees and accepts that failure to provide the information and/or comply with his or her responsibilities outlined in this Clause 6 above may affect the Applicant’s ability to partake in the Project. In such circumstances the Applicant shall not be entitled to any refund of the Application Payment and/or Project Costs and/or any contribution to the Applicant Costs and/or other costs or expenses.
6.3 Subject to any other applicable provisions of this Contract, for the avoidance of doubt, it is the responsibility of the Applicant to ensure that they are physically available and able to partake in the Project and all travel arrangements are the sole responsibility of the Applicant. If the Applicant fails to arrive at the Project on the scheduled date and partake in the Project for whatever reason (be it illness, failure in transport arrangements or otherwise) the Applicant shall not be entitled to any refund of the Application Payment and/or Project Costs and/or any contribution to the Applicant Costs and/or other costs or expenses.
7. WorkingAbroad Responsibilities
7.1 WorkingAbroad is responsible for organising the Applicant’s place on the Project and appointing a Project Manager (Angela D'Alessio).
7.2 The Applicant expressly recognises that he or she is undertaking a voluntary project abroad and as such WorkingAbroad’s responsibilities are limited in relation to this.
7.3 WorkingAbroad shall have no liability or responsibility to the Applicant for the day to day running of the Project.
8. The Project
8.1 All information and advice provided by WorkingAbroad in relation to the Project is given in good faith but WorkingAbroad accepts no responsibility or legal liability for such Project information and advice.
8.2 The Applicant understands and hereby agrees to the following:
8.2.1 that by joining the Project he or she may have to accept certain discomforts and difficulties whilst travelling and working in Indonesia where standards are different to Western standards; and
8.2.2 he or she must integrate his or herself with local customs and be willing to adopt a degree of flexibility; and
8.2.3 he or she may be dismissed from the Project if the Project Manager (acting in his or her sole discretion) decides that the Applicant’s behaviour is inappropriate or illegal. This is particularly the case in drug consumption or distribution, alcohol excess, violence, racial discrimination, cultural insensitivity or verbal or physical abuse towards other volunteers, interns or the Project Manager and generally a failure to comply with any legal requirements; and
8.2.4 to abide by the laws and the customs of the country in which the Project is situated.
9. Leaving the Project
9.1 WorkingAbroad shall have no responsibility or legal liability in the event that an Applicant decides to leave the Project early for whatever reason. The Applicant agrees and accepts that in such circumstances it shall not be entitled to any refund of the Application Payment and/or Project Costs and/or any contribution to the Applicant Costs and/or any other costs or expenses.
9.2 In circumstances of the Applicant’s dismissal from the Project pursuant to Clause 8.2.3 the Applicant agrees and accepts that it shall not be entitled to any refund of the Application Payment and/or Project Costs and/or any contribution to the Applicant Costs and/or other costs or expenses and, further, the Applicant shall indemnify WorkingAbroad for any loss, damages, costs or expenses suffered by WorkingAbroad as a direct result of such behaviour.
9.3 In the event of an Applicant leaving the Project early due to illness contracted whilst working on the Project or accident during the Project which prevents the Applicant’s ability to continue (as verified by a qualified doctor) the Applicant agrees and accepts that in such circumstances it shall not be entitled to any refund of the Application Payment and/or Project Costs and/or any contribution to the Applicant Costs and/or any other costs or expenses.
9.4 In the event that a Project is abandoned (at the discretion of the Project Manager) for whatever reason such that it no longer exists WorkingAbroad shall be entitled to retain such monies as are necessary to cover its costs incurred and the Applicant agrees and accepts that in such circumstances it shall not be entitled to any refund of the Application Payment and/or Project Costs and/or any contribution to the Applicant Costs and/or any other costs or expenses save for those refunded at the sole discretion of WorkingAbroad.
10. Limitation of Liability
10.1 Subject always to liability that cannot be excluded by law, WorkingAbroad’s liability shall be limited as follows:
10.1.1 WorkingAbroad gives no undertakings or warranties in relation to the Project and hereby excludes all warranties whether express or implied to the extent permitted by law;
10.1.2 WorkingAbroad shall not be liable to the Applicant and the Applicant shall not seek to recover from WorkingAbroad for any misrepresentation, illness, accident, loss, damages, costs or expenses arising from or in relation to the Project howsoever arising and whether arising in contract, tort or otherwise (including force majeure); and
10.1.3 WorkingAbroad shall not be liable to the Applicant and the Applicant shall not seek to recover from WorkingAbroad for any indirect or consequential loss including loss of profits;
10.1.4 WorkingAbroad shall have no liability to the Applicant and the Applicant shall not seek to recover from WorkingAbroad any loss, damages, expenses and costs arising from the acts of any third parties whether connected to the Project or otherwise.
11.1 If the Applicant has any complaint or claim arising out of or in connection with the Project he or she must notify WorkingAbroad in writing within thirty (30) days of the date of the Applicant’s return to his or her home country or the date of the completion of the Project, whichever is the earlier. In the case of a claim the Applicant must also notify his or her own insurers.
12. No Privity, Entire Agreement and Amendments
12.1 It is agreed for the purposes of the Contracts (Rights of Third Parties) Act 1999 that this Agreement is not intended to and does not give any person who is not a party to it any rights to enforce any provisions contained herein.
12.2 This Contract constitutes the entire agreement between the parties and supersedes all prior representations, communications, and understandings concerning the subject matter of the Contract.
12.3 This Contract may not be amended save by notice in writing by WorkingAbroad to the Applicant.
13. Governing Law
13.1 This Contract is governed by and construed in accordance with the laws of England and Wales. The parties hereby submit to the exclusive jurisdiction of the English courts.