Terms & Conditions

1. Definitions

• 1.1. In these Terms and Conditions, the following words and expressions will have the meanings assigned to them in this clause.
• 1.1.1. Agreement: means the legal agreement between You and Hampshire County Council on the terms set out in the Booking Form and these Terms and Conditions.
• 1.1.2. Booking Form: means the form completed by You and Us which sets out the particulars of the Expedition(s) to be delivered by Us.
• 1.1.3. Data Controller, Data Subject Rights and Personal Data Breach: take the meaning given in Data Protection Legislation.
• 1.1.4. Data Protection Legislation: means all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR, the Data Protection Act 2018 (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and the guidance and codes of practice issued by the Information Commissioner or other relevant regulatory authority and applicable to a party.
• 1.1.5. DofE: means The Duke of Edinburgh’s Award.
• 1.1.6. Expedition: means an Expedition that is run and organised directly by Us including any activities undertaken during that Expedition.
• 1.1.7. Expedition Price: means the estimated total cost set out in the Booking Form increased by any additional costs reasonably incurred by Us in relation to the Expedition and decreased by any sums We have agreed in writing to waive.
• 1.1.8. Force Majeure Event: means a circumstance outside of either party’s reasonable control, including without limitation epidemic or pandemic, terrorist attack, armed conflict, commotion, riots, nuclear, chemical or biological contamination, sonic boom, any law or action taken by a government or public authority, collapse of buildings, fire, explosion, accident, and interruption or failure of utility services, but excluding labour or trade dispute, strikes, industrial action, lockouts.
• 1.1.9. Learning Outdoors: means the department of Hampshire County Council with overarching responsibility for arranging, co-ordinating and administering The Duke of Edinburgh’s Award Expeditions.
• 1.1.10. Open Expedition: means an expedition that is run and organised by Us which is open to individuals to book directly.
• 1.1.11. Participant: means an individual enrolled on an Expedition by You.
• 1.1.12. Personal Data: is defined in Data Protection Legislation.
• 1.1.13. Services: means the Expedition Package specified in the Booking Form.
• 1.1.14. We: Hampshire County Council, represented by Learning Outdoors. “Our/Ours” shall be construed accordingly.
• 1.1.15. You: takes the meaning set out in the Booking Form. “Your /Yours” shall be construed accordingly.

• 1.2. The headings in these Terms & Conditions are for convenience only and shall not affect the interpretation of the terms.
• 1.3. Where the context requires, words importing the singular meaning shall include the plural meaning and vice versa and words denoting the masculine gender shall include the feminine and neutral genders and vice versa.
• 1.4. In the event and to the extent of a conflict between these Terms & Conditions and the Booking Form, the Booking Form shall take precedence.

2. Our Agreement with You

• 2.1. By booking an activity with Us, You agree to comply fully with these Terms & Conditions.
• 2.2. We reserve the right to amend the Booking Form if necessary to comply with any applicable legal requirements; including, where applicable, the terms and conditions of DofE, or if the amendment does not materially affect the nature or quality of the Services. We will notify You of any amendment.

3. Our responsibilities

• 3.1. We will:
• 3.1.1. supply Our Services to You using reasonable care and skill, in accordance with the Booking Form, these Terms & Conditions and the law;
• 3.1.2. ensure that all Expeditions have been assessed to minimise the risk of accidents;
• 3.1.3. provide one or more qualified expedition supervisor (s) who:
  (a) are confident working within the venue and terrain where the Expedition is to take place;
  (b) hold a valid first aid certificate;
  (c) have had a Disclosure and Barring Service (DBS) check undertaken; and
  (d) have completed safeguarding training.
• 3.1.4. tailor the ratio of expedition supervisors to the number of Participants, in line with any applicable guidelines set out by the Adventure Activities Licensing Authority (AALA) or any successor licensing authority;
• 3.1.5. provide water and equipment in line with clause 8;
• 3.1.6. maintain adequate insurance commensurate with the nature and extent of the risks associated with the performance of Our obligations under this Agreement;
• 3.1.7. provide a copy of relevant insurance documents and operational policies, including accident, incident and emergency procedures , requested no later than eight weeks prior to the Expedition;
• 3.1.8. provide individual feedback to the Participants at the end of the Expedition; and
• 3.1.9. if applicable, complete and upload DofE Assessor’s Reports , as required by DofE;
• 3.1.10. use reasonable endeavours to provide specific staff requested no later than eight weeks prior to the Expedition.

4. Your responsibilities

• 4.1. You will:
• 4.1.1. make all payments in accordance with the Booking Form and clause 5 of these Terms & Conditions;
• 4.1.2. provide at least two pastoral staff for up to 42 Participants and at least three pastoral staff for groups with more than 42 Participants (“Your Staff”) to accompany the Expedition and assume sole responsibility for the pastoral care of the Participants throughout the Expedition including all safeguarding related to the Participants;
• 4.1.3. provide all medical information required by Us for every Participant participating in the Expedition having obtained the appropriate consent from each Participant or their parent/guardian (as applicable) ;
• 4.1.4. advise Us immediately of any changes or additions to the Participant’s medical information;
• 4.1.5. ensure that all Participants have a named person with relevant parental responsibility available in an emergency;
• 4.1.6. ensure that Your Staff, the Participants and (where applicable) their parents/guardians are aware of and comply with the Risk & Safety and Food & Equipment requirements set out in these Terms & Conditions or communicated to you by Us separately ;
• 4.1.7. ensure that, where applicable, the Participants comply with any requirements imposed by DofE on participating individuals, whether communicated by Us or DofE directly; and
• 4.1.8. accept responsibility for and arrange appropriate insurance against cancellation, curtailment, personal injury, group sickness, death, personal liability and theft.

5. Charges and payments

• 5.1. You agree that t he minimum number of participants for an Expedition will be 21. If the number of Participants is or falls below 2 1, You will be charged as if there were 21 Participants.
• 5.2. On receipt of a completed Booking Form, We will issue an invoice for the greater of 25% of the estimated total cost set out in the Booking Form or £300 (the “Non-Refundable Deposit”).
• 5.3. You must pay the Non-Refundable Deposit within 28 days of the date of the invoice, unless the Expedition is to start within 12 weeks , in which case You must pay immediately.
• 5.4. The balance of all charges due under this Agreement will be payable within 21 days of the date of the final invoice.

6. Changes to the schedule and cancellations

Changes and cancellations by Us

• 6.1. We will use reasonable endeavours to meet any performance dates specified in the Booking Form but You accept that any such dates are estimates only and You agree that time is not of the essence for the performance of the Services.
• 6.2. We reserve the right to change the location, route and/or schedule of the Expedition or cancel the Expedition, at Our sole discretion, in response to adverse weather, changes to the location that render it unsafe or unsuitable for the Expedition or any Force Majeure Event.
• 6.3. We will use Our best endeavours to notify You of any changes to the location, route and/or schedule of the Expedition, where practicable. However, You acknowledge that changes may have to be made directly before or during the Expedition when prior notification would not be practicable. It is Your responsibility to notify the Participants of any changes of which we notify You.
• 6.4. If an expedition is cancelled under clause 6.2, no refund will be given, but You may book a new Expedition at no extra cost other than Our expenses that were reasonably incurred in organising the original Expedition.

Changes and cancellations by You or individual Participants

• 6.5. You may request to re- schedule an Expedition to a different date than the date specified in the Booking Form, subject to giving Us no less than eight weeks’ written notice and subject to covering reasonable costs incurred by Us due to the change of the date of the Expedition.
• 6.6. You may cancel a scheduled Expedition, subject to the notice periods and charges set out in clause 6. 7.
• 6.7. You acknowledge that We need to make preparations well in advance of the Expedition and that the notice periods and charges set out below are reasonable:

• 6.8. Individual Participants who are unable to complete the Expedition due to illness or injury may be offered a place on an Open Expedition at no additional cost (subject to accepting the terms and conditions applicable to Open Expeditions). Subject to clause 5.1, if such Participant does not to take up the place offered under this clause, You will not be charged for that Participant’s place.

7. Risk and safety

• 7.1. You acknowledge that the Expedition is physically challenging, that it carries with it risks that We cannot entirely eliminate and that Participants may be unaccompanied for extended periods of time.
• 7.2. You acknowledge that, while we reserve the right to exclude from the Expedition Participants who in Our reasonable opinion are not fit to safely participate, We are not qualified to express an opinion that a Participant is fit to safely participate.
• 7.3. It is Your sole responsibility to seek informed and documented consent to participation from the Participants or their parents/guardians (as applicable), including without limitation ensuring that professional medical advice is sought as may be appropriate.
• 7.4. Without prejudice to clause 7.1 and 7.2, We will monitor the conditions throughout the Expedition to assess variable hazards including the weather, the environment and Participants’ fitness. If We, in Our sole discretion, decide that continuing the Expedition is unsafe then the provisions of clause 6.2 wi ll apply.
• 7.5. Only Participants and Your Staff who have successfully completed any necessary training as set out in the Booking Form or in these Terms & Conditions will be allowed to participate in the Expedition.
• 7.6. We reserve the right to exclude any Participant who:
• 7.6.1. is not sufficiently prepared, fit or physically able to take part in the Expedition;
• 7.6.2. is under the influence of alcohol or drugs;
• 7.6.3. repeatedly refuses to follow instructions or behave in an irresponsible manner that is likely to endanger themselves or others; or
• 7.6.4. is abusive, aggressive or violent.
  (“Excluded Participant”).
• 7.7. The decision as to the preparedness, fitness and ability of a Participant will be taken at Our sole discretion and will be final.
• 7.8. No refund or transfer to an Open Expedition will be available with respect to any Excluded Participant and any unpaid charges will continue to be due, unless We determine, at Our sole discretion, that it is appropriate to waive any charges.
• 7.9. Where a Participant sustains an injury or becomes ill during the Expedition such that further participation in the Expedition is impeded or would, in Our assessment, put their safety, health or wellbeing at an increased risk (“Injured Participant”), they will not be allowed to continue the Expedition and clause 6. 8 will apply.
• 7.10. You will be solely responsible for ensuring that an Excluded Participant or an Injured Participant is collected by a person with parental responsibility as soon as possible and for ensuring their safety and wellbeing prior to them being collected.

8. Food and equipment

• 8.1. You must ensure that the Participants are aware that they are expected to be self-sufficient for the duration of the Expedition and that they have sufficient food and two litres of water for the duration of the Expedition.
• 8.2. We will supply additional water, but no other food or drink will be supplied.
• 8.3. We will supply equipment, including maps, compasses, tents, Trangia-type stoves and gas for the collective use of the Participants (“Group Equipment”) and supervise its use. The Group Equipment supplied by Us will remain the property of Hampshire County Council.
• 8.4. You must ensure that every Participant has appropriate footwear, waterproofs, sleeping bag, warm clothes, appropriate rucksack , waterproof liners and any other kit specified by Us (together “Individual Equipment”).
• 8.5. We may, at Our sole discretion, endeavour to provide Participants with any Individual Equipment that is missing or unsuitable but We are under no legal obligation to do so.
• 8.6. If a Participant does not have any part of the Individual Equipment, We will determine whether that Participant may participate in the Expedition. Our decision will be binding and final. Any Participant excluded from the Expedition under this clause will be considered an Excluded Participant for the purposes of clause 7. 5.

9. Data Protection

• 9.1. You and We agree to comply with and assist each other in complying with all applicable requirements of and all our respective obligations under the Data Protection Legislation which arise in connection with our Agreement.
• 9.2. You will be the Controller of Personal Data that is held, collected and processed by You under the terms of our Agreement including Personal Data provided to You by Us.
• 9.3. We will be the Controller of Personal and Special Category Data that is held, collected and processed by Us under the terms of our Agreement including Personal Data provided to Us by You.
• 9.4. It will be Your sole responsibility to ensure that You have an appropriate lawful basis for processing personal data for the purposes of our Agreement and that your privacy notice is up to date and accurate to reflect your obligations under our Agreement.
• 9.5. You and We agree: -
• 9.5.1. to ensure that we transfer Personal Data between each other using secure methods of transfer;
• 9.5.2. to have appropriate technical and organisational measures in place to protect the security, confidentiality, integrity and availability of Personal Data during all stages of the processing including transfer, storage, access and deletion to ensure a level of security appropriate to the risks as required by Article 32 UK GDPR;
• 9.5.3. to ensure that any Personal Data processed and shared under this Agreement is accurate and up to date;
• 9.5.4. to notify the other of any rectification or erasure of Personal Data or restriction of processing as required under Article 19 UK GDPR;
• 9.5.5. to provide a Privacy Notice as required by Data Protection Legislation;
• 9.5.6. to designate a Data Protection Officer if required by Data Protection Legislation; and
• 9.5.7. to take account of any guidance issued by the Information Commissioner’s Office.
• 9.6. You agree to each deal with any Data Subject Rights Requests made to You directly.
• 9.7. We agree to deal with any Data Subject Rights Requests made to Us directly.
• 9.8. You agree to notify Us the Council without undue delay about any Personal Data Breach irrespective of whether there is a requirement to notify the ICO or the Data Subject. You will investigate any such Personal Data Breach and will provide Us with information We reasonably request.

10. Liability

• 10.1. Nothing in this Agreement will exclude or limit the liability of either party for:
• 10.1.1. death or personal injury;
• 10.1.2. fraud or fraudulent misrepresentation;
• 10.1.3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982; or
• 10.1.4. any liability that cannot legally be limited.
• 10.2. We will not be responsible for any theft, damage, destruction or loss of Your property or belongings or the property or belongings of the Participants or any third party, unless such theft, damage, destruction or loss is a direct consequence of Our negligence.
• 10.3. You will be liable and indemnify Us for any loss of or damage to Our equipment provided for the purposes of the Expedition, whether wilful, negligent or accidental, unless caused by our own staff.

11. Termination

• 11.1. Without affecting any other right or remedy available to it, either party may terminate this Agreement subject to at least four weeks’ written notice.
• 11.2. If You terminate this Agreement in accordance with clause 1 1.1 above, your booking will be automatically cancelled and clause 6. 7 will apply.
• 11.3. Without affecting any other right or remedy available to it, either party may terminate the Agreement with immediate effect by giving written notice to the other party if:
• 11.3.1. the other party commits a material breach of this Agreement and, if such breach is capable of remedy, fails to remedy it within 14 days of receiving written notice requiring it to do so; or
• 11.3.2. the breach occurs within 14 days of the start of the Expedition and, due to the proximity to the Expedition, the terminating party has reasonable grounds to consider the breach incapable of remedy.
  If We terminate the Agreement under this clause, You will be deemed to have cancelled the Expedition and clause 6.7 will apply with the charges payable under that clause in addition to any other sums We may be entitled to by way of remedy.
• 11.4. On termination or expiry of this Agreement, You must immediately:
• 11.4.1. pay any outstanding charges due; and
• 11.4.2. return all equipment and any other property provided by Us.
• 11.5. Termination or expiry of the Agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry.

12. General

• 12.1. Subcontracting. We may subcontract or delegate any or all of our responsibilities under the Agreement to a reputable third party.
• 12.2. Confidentiality and freedom of information
• 12.2.1. Subject to clause 15.2.2, each party undertakes that it shall not disclose any confidential information concerning the affairs of the other party for any purpose other than to perform its obligations under the Agreement.
• 12.2.2. The parties acknowledge that they are each subject to the requirements of the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 and shall assist and co- operate with each other to comply with these information disclosure requirements.
• 12.3. Variation. Except as set out in these Terms & Conditions, no variation of the Agreement shall be effective unless it is in writing and signed by the parties.
• 12.4. Force majeure. Neither party shall be liable for any delay or failure in performing any of its obligations for so long as and to the extent that the delay or failure results from a Force Majeure Event, provided that the affected party notifies the other party in writing as soon as practicable and uses all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.
• 12.5. Waiver. A waiver of any right or remedy under the Agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.
• 12.6. Severance. If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.
• 12.7. Third party rights. This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement.
• 12.8. Governing Law and jurisdiction. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non- contractual disputes or claims), is to be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

March 2026