Think Pacific - PGM Terms & Conditions

In these terms and conditions:

“Booking Form” means the form on which you book your programme and provide personal details.

“Contract” means your acceptance of a quotation for the Services provided by Think Pacific Ltd. This is an agreement binding in law between Think Pacific Ltd and you, incorporating the Terms and Conditions, Booking Form and details stated within your Confirmation.

“Services” means the services to be provided by us (including the programme) under the Contract, together with any other services which we provide or agree to provide to you.

“Terms and Conditions” means the information contained in this document.

“Think Pacific” means Think Pacific Ltd, a company registered in England with Registered number 05990751 of 15 Queen Square, Leeds, LS2 8AJ otherwise known as Us, Our or We.

“Total Program Cost” – Means the amount shown on your Confirmation for the PGM Programme costs.

“You” means the person named in the Contract and the person who purchases the Services from Think Pacific Ltd.

1.1 Successful participants will receive confirmation of a place on the program together with a Booking Form which must be returned to us within 14 days alongside your payment.

1.2  The Contract between you and us is affirmed on the date on which your registration fee and signed Booking Form are received by us. The Services will continue to be supplied by us until the termination of the programme or if the Contract is terminated for any reason under these Terms and Conditions.

1.3 When we have received your completed Booking Form and payment, we will send you an email acknowledging receipt.

2.1 The cost of the program will include accommodation and services as specified in your Program Guide. For the avoidance of doubt the program does NOT include flights, insurance, visas, vaccinations or personal spending money or any other personal costs which you may incur.

2.2 Prices outside the scope of the program and activities not included in the program may vary. Think Pacific Ltd accepts no liability for increases in cost in these areas.

2.3 We make every effort to ensure that the information provided to you in respect of your program is accurate. You accept that any information supplied by Think Pacific regarding our programs, including content published by third party advertisers is given in good faith and correct at the time of going to press.

2.4 Please note that flights, boats and other forms of transport are outside of our control. Think Pacific Ltd are unable to provide guarantees that departures or connections will leave or be made on the times stated and Think Pacific will not be liable for the delays. In some instances, compensation for delays may be included in the terms of your insurance policy which you should read carefully prior to the program start date.

3.1 If you wish to cancel a booking made for the program, you must do so in writing by post or email.  In instances of cancellation by you.  Think Pacific will provide a full refund as along as notification is provided to us in writing at least 14 days before the program start start.

3.2 If you leave an program before the specific end date, other than as a result of a breach of this agreement by Think Pacific, no refund will be paid to you.

3.3 Your booking can be transferred to another staff member at your institution, providing Think Pacific is notified at least 7 days prior to the program start date.

4.1 If the program is cancelled due to the fault of Think Pacific then you will be refunded all monies paid for the program.

4.2 We retain the right to alter the terms of the Services, where in our opinion; the circumstances require such an alteration. Such circumstances may include a force majeure event.

4.3 Think Pacific reserves the right to remove you or cancel your booking at any time prior to or during the program, if we believe that you may disrupt the general safety, wellbeing or enjoyment of the program. We also reserve the right for ourselves, our representatives, employees and agents to refuse further participation to you at any time if, in our opinion, you are not fit for whatever reason to participate in the program. In such circumstances, no refund will be made and no additional costs will be payable by Think Pacific Ltd.

4.4  In cases of amendment or cancellation, including by Think Pacific, Think Pacific will not refund you for any expenses incurred by you and outside the scope of the agreement, including, but not limited to, airfare, visa expenses, insurance, documentation and equipment purchases. Please note, this list is not exhaustive.

5.1 You must ensure that your passport is valid for at least six months beyond the completion date of the program and that any required travel visa is obtained before the commencement of the program. It is your responsibility to obtain and purchase any visas. We reserve the right not to refund any monies paid if you are unable to obtain either a passport or visa.

5.2 You will be liable to pay Think Pacific  all reasonable costs, charges or losses sustained or incurred by us arising from your fraud, negligence or failure to fulfill any of your obligations under the Contract.

5.3 You shall ensure that all medical conditions and needs are declared to Think Pacific in writing before the program and listed on your pre-departure form.  This includes information about any dietary needs or allergies and any disability that requires adjustment on the project.

5.4 You must ensure that any clothing and other personal equipment intended to be bought on the program is suitable for its purpose. Think Pacific cannot be held responsible for wear and tear or incidental damage to clothing and equipment belonging to you.

5.5 You must check your program guide carefully and ensure that you fully understand all information and instructions correctly. You must also ensure to notify us, in writing, of any special requirements which you have.

5.6 You agree that throughout the course of the program you will behave in a wholly responsible manner and cause no distress, aggravation or danger to any of the program team members, community members, staff or to any third parties. Should you cause any damage of any kind, you will be held responsible for the cost of repair or replacement.

5.7 You accept to comply with all local laws and instructions of Think Pacific staff, authorised representatives and third parties.

5.8 You shall inform Think Pacific immediately of any changes to your requests, insurance or any other detail required under these conditions.

5.9 You must provide Think Pacific with proof of purchase and payment in full in respect of suitable air travel arrangements to Fiji or Bali at least 2 weeks prior to the program start date and confirmation of your arrival time and carrier details. On your arrival in Fiji or Bali, providing your arrival coincides with Think Pacific’s Schedule.

6.1 Your attention is particularly drawn to the provisions of this condition which sets out the entire financial liability of Think Pacific Ltd (including any liability for the acts or omissions of it’s employees, agents and sub-contractors) to you in respect of:

a) any breach of the Contract

b) any use made by you of the Services or any part of them; and

c) any representation, statement or tortuous act of omission (including negligence) arising under or connection with the Contract

6.2. All warranties, conditions and other terms implied by statute or common law are, to the fullest extend permitted by law, excluded from the Contract

6.3. Nothing in these conditions limits or excludes the liability of Think Pacific Ltd for i) death or personal injury resulting from the negligence of Think Pacific Ltd employees in connection with the performance of their duties, ii) any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by Think Pacific Ltd.

6.4 We shall not be liable to you for any loss of anticipated savings; or loss of contract; or loss of use; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

6.5 Subject to conditions above, Think Pacific Ltd’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to the price you paid for the Expedition and will in no event exceed such price. You should always claim the full entitlement you are due under your insurance policy before making any claim against Think Pacific Ltd.

6.6 Think Pacific Ltd will not be liable to you for any acts or omissions of third party providers which are not provided within the Services, including death or personal injury. If Think Pacific Limited has provided you with information of such third party suppliers, this information has been given for your convenience only and does not constitute an endorsement of the respective third party supplier by Think Pacific Ltd.

6.7 We will not be liable to you if you breach any of these conditions. We also cannot be held responsible for the consequences of your actions should you choose to ignore the advice given to you by us, your program coordinator or any of our employees, representatives, agents or contractors.

6.8 You accept that adverse weather conditions may cause cancellation of scheduled events during your program. The availability of advertised facilities might also be hindered due to local weather conditions, or circumstances beyond the control of Think Pacific Ltd, including but not limited to public holidays, or routine maintenance. Think Pacific Ltd is not liable for such cancellations.

7.1 We draw your attention to the fact that general standards of health, safety and hygiene in the countries to be visited will not be comparable to UK standards and the risk of injury, fatigue and disease are inherent in an expedition of this kind. Please note that our programs can be physically demanding. It is your responsibility to verify your health and safety requirements for the programs

7.2 You must ensure that any pre-existing or existing medical condition, trauma, illness, psychological/psychiatric illness (including depression, anxiety and / or an eating disorder) or disability or medical treatment when required by us. This requirement includes any subsequent amendments to your condition whether or not you believe they will affect participation on the program. Think Pacific Ltd reserves the right to contact your doctor or medical advisor if so required.

7.3 Think Pacific will not be liable for any loss caused to you or third parties by your pre-existing illness or injury, which you have failed to disclose in full prior to the start of your program.

7.4 You must ensure that you obtain advice from your GP or other suitably qualified medical professional on any inoculations or other vaccines or treatments required for the program and follow the advice given. Think Pacific Ltd will not be liable for any resulting illness that occurs due to your failure to seek such medical advice.

7.5 If, in the opinion of Think Pacific Ltd (whose judgement in this matter shall be binding and final), your health deteriorates during the course of the program, or is adversely affected by activities which form part of the program, we reserve the right to require you to cease to or not participate in some or all of the activities available; and/or terminate your program, if in the reasonable opinion of the Think Pacific staff member your health and safety (or the health and safety of others) is sufficiently endangered by your continuing presence on the program. In such circumstances, you shall not be entitled to be compensated in respect of the unexpired portion of your program.

7.6 You are strongly advised to follow any medical advice given by Think Pacific Ltd and our representatives and if such advice is not followed, then Think Pacific Ltd will not be liable under the Contract.

7.7 We will make every effort to acclimatise you to life on an program. In the event that you decide to prematurely cancel your Expedition due to home sickness then we will levy any charges we incur as a result of your cancellation and our normal cancellation terms apply.

8.1 You accept that it is compulsory to take out comprehensive travel insurance a week before you complete your pre departure form. All payments are accepted on this basis. [You must supply a copy of the insurance policy to us if we request it.]

8.2 It is your responsibility to ensure you have sufficient insurance cover, which meets your needs for the program.  Think Pacific provide examples within your pre departure preperation.  Insurance examples are provided purely in good faith and we cannot be held responsible for your satisfaction with your chosen policy.

8.3 We reserve the right to cancel your Booking or terminate your program at our sole discretion if we are not satisfied that you have insurance cover which we consider to be adequate for your program.

8.4 Any claim made by you in relation to the program or the Contract should be made in the first instance to your insurer.

9.1 Our aim is to make your program as enjoyable and rewarding as possible. However, if for any reason you wish to make a complaint you should inform your Think Pacific leader immediately to enable us to take any necessary remedial action. Failure to do this may reduce or even completely extinguish your legal right to claim compensation.

9.2 We will investigate any claims made and try to resolve them. If for any reason the complaint cannot be dealt with at the time you should write to the head office of Think Pacific Ltd with full details of your grievance within 28 days of the completion of your Expedition.

Think Pacific Ltd shall have no liability to you under the Contract if we are prevented from or delayed in performing our obligations under the Contract or from carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including strikes or other industrial disputes (whether involving the workforce of Think Pacific Ltd or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, pandemic, fire, flood, storm or default of suppliers or sub-contractors.

Subject to these Terms and Conditions, no variation of the Contract or these Terms and Conditions (or of any of the documents referred to in them) shall be valid unless it is in writing and signed by or on behalf of each of the parties.

12.1 A waiver of any right under the Contract from Think Pacific Ltd to you is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.

12.2 Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.

13.1 If any provision (or part of provision) of the Contract is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force.

13.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, that provision will apply with whatever modification is necessary to make it valid, enforceable and legal.

14.1 You agree that ThinkPacific may hold and use personal data about you including sensitive personal data relating to your physical and mental health and that Think Pacific may when appropriate share this information with medical advisers, insurers and persons involved in the operation of programmes. We will use such information in accordance with data protection law.

15.1 The Contract and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.

15.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter.