Terms and Conditions - Clear Dynamics

Introduction

Welcome to Clear Dynamics. These Terms and Conditions govern your use of our website, https://cleardynamics.sbs, and the services we offer, including tour bookings, travel arrangements, and related services.

By accessing our website, making a booking, or using our services, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, please do not use our website or services.

In these Terms and Conditions, "we," "us," "our," and "Clear Dynamics" refer to Clear Dynamics Ltd., and "you" and "your" refer to the user or customer accessing our website or services.

Website Use

General Conditions

Our website is provided on an "as is" and "as available" basis. We make no representations or warranties, express or implied, regarding the operation or availability of the site.

We reserve the right to:

Modify or withdraw the website or any portion of it without notice
Change these Terms and Conditions at any time
Monitor any activity and content associated with the website

You are responsible for ensuring that your computer system meets all technical specifications necessary to use the website and is compatible with the website.

User Account

To access certain features of our website, you may need to create an account. When you create an account, you agree to:

Provide accurate, current, and complete information
Maintain and promptly update your account information
Keep your password secure and confidential
Accept responsibility for all activities that occur under your account
Notify us immediately of any unauthorized use of your account

We reserve the right to disable any user account if, in our opinion, you have failed to comply with these Terms and Conditions.

Prohibited Activities

When using our website, you agree not to:

Use the website for any unlawful purpose or in violation of these Terms and Conditions
Attempt to gain unauthorized access to any portion of the website or any systems or networks connected to the website
Use any automated means to access the website or collect any information from the website
Upload or transmit any viruses, malware, or other harmful code
Interfere with or disrupt the website or servers or networks connected to the website
Impersonate or attempt to impersonate Clear Dynamics, a Clear Dynamics employee, or another user
Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the website

Booking and Payment

Booking Process

By making a booking with Clear Dynamics, you confirm that:

You are at least 18 years of age and have the legal capacity to enter into contracts
You have the authority to act on behalf of all persons named in the booking
You accept these Terms and Conditions on behalf of all persons named in the booking

A contract between you and Clear Dynamics comes into existence when we confirm your booking in writing and issue a confirmation invoice. This contract is governed by English law and the jurisdiction of the English courts.

Payment Terms

To secure your booking, we require:

A non-refundable deposit (typically 25% of the total tour cost) at the time of booking
Full payment of the remaining balance due 60 days before the departure date

For bookings made within 60 days of the departure date, full payment is required at the time of booking.

If we do not receive full payment by the due date, we reserve the right to cancel your booking and retain your deposit.

Prices and Surcharges

All prices are quoted in British Pounds (GBP) and are subject to availability.

We reserve the right to increase prices due to:

Changes in transportation costs, including fuel
Changes in taxes, fees, or charges imposed by third parties
Significant changes in exchange rates

If the price increase exceeds 10% of your total tour cost, you may choose to cancel and receive a full refund of all monies paid.

Cancellations and Changes

Cancellations by You

If you need to cancel your booking, you must notify us in writing. Cancellation charges will apply as follows:

More than 60 days before departure: Loss of deposit
59-30 days before departure: 50% of total tour cost
29-15 days before departure: 75% of total tour cost
14 days or less before departure: 100% of total tour cost

We strongly recommend that you purchase travel insurance to cover potential cancellation fees.

Changes by You

If you wish to make changes to your booking, such as changing the departure date or tour, we will try to accommodate your request, but cannot guarantee that changes will be possible. Any changes are subject to availability and the following fees:

More than 60 days before departure: £50 per person
59 days or less before departure: £100 per person (plus any additional costs incurred)

Name changes are considered cancellations and re-bookings, and our standard cancellation charges will apply.

Cancellations or Changes by Us

In rare circumstances, we may need to cancel or make significant changes to your tour. If this happens, we will notify you as soon as possible and offer you the following options:

Accept the changes and the revised tour price (if applicable)
Choose an alternative tour of comparable standard and price (if available)
Cancel your booking and receive a full refund of all monies paid

We will not be liable for any additional expenses incurred as a result of our cancellation or changes, such as visa costs, vaccination costs, or non-refundable connecting flights.

Your Responsibilities

Travel Documentation

You are responsible for ensuring that you and all members of your party have:

Valid passports (with at least six months validity beyond your return date)
Necessary visas and travel permits
Vaccination certificates and health documents required for your destination
Travel insurance that covers your specific activities and destinations

We are not liable for any costs, damages, or losses incurred due to inadequate or improper documentation.

Travel Behavior

When participating in our tours, you agree to:

Comply with the laws and regulations of the countries you visit
Respect local customs, traditions, and practices
Follow the guidance and instructions of tour leaders and local guides
Treat fellow travelers, staff, and locals with respect and courtesy
Refrain from behavior that could endanger yourself or others

We reserve the right to terminate your participation in a tour if your conduct is deemed inappropriate, offensive, or detrimental to the enjoyment of other travelers. In such cases, you will be responsible for your own return travel arrangements and expenses, and no refund will be provided.

Health and Fitness

You must inform us at the time of booking of any medical conditions, disabilities, or special needs that may affect your ability to participate in the tour. We will make reasonable efforts to accommodate special requirements, but cannot guarantee that all needs can be met.

Our tours may involve physical activities and travel to remote areas with limited medical facilities. You are responsible for ensuring that you are physically fit enough to participate in the activities included in your tour.

Limitation of Liability

Clear Dynamics acts as an intermediary between you and the suppliers of travel services (hotels, airlines, tour operators, etc.). While we select these suppliers with care, we cannot control their actions or omissions.

We are not liable for:

Any injury, illness, death, loss, damage, expense, cost, or other claim resulting from acts or omissions of third-party suppliers
Any loss or damage due to events beyond our control, including but not limited to war, threat of war, civil strife, terrorist activity, natural disaster, technical problems with transport, closure of airports or ports, epidemic, pandemic, government action, or industrial dispute
Any personal belongings lost, stolen, or damaged during your travel
Any services that do not form part of our contract with you, such as excursions or activities that you purchase during your trip from third parties

Our liability for claims that do not involve personal injury, illness, or death is limited to the cost of your tour.

Intellectual Property

All content on our website, including text, graphics, logos, images, videos, and software, is the property of Clear Dynamics or our content suppliers and is protected by international copyright, trademark, and other intellectual property laws.

You may not:

Reproduce, distribute, modify, or create derivative works from any content on our website without our explicit written permission
Use any content for commercial purposes without our prior written consent
Remove any copyright, trademark, or other proprietary notices from any content

You may access, view, download, and print content from our website for your personal, non-commercial use only.

User Content

If you submit reviews, comments, photos, or other content to our website or social media channels, you grant Clear Dynamics a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content worldwide in any media.

You represent and warrant that:

You own or control all rights to the content you submit
The content is accurate and not misleading
The content does not violate these Terms and Conditions or any applicable law
The content will not cause injury to any person or entity

We reserve the right to remove any content that, in our judgment, violates these Terms and Conditions or could expose us or other users to harm or liability.

Force Majeure

We will not be liable for any failure to perform our obligations under these Terms and Conditions that is caused by events outside our reasonable control (force majeure). Such events include, but are not limited to:

Natural disasters (floods, earthquakes, hurricanes, etc.)
War, civil unrest, or terrorist attacks
Epidemics, pandemics, or public health emergencies
Government actions or restrictions
Labor disputes or strikes
Technical failures or transportation issues

In such circumstances, we may need to cancel or modify your tour. We will provide as much notice as possible and work with you to find suitable alternatives or provide refunds in accordance with our cancellation policy.

Privacy

We are committed to protecting your privacy. Our Privacy Policy, which is incorporated into these Terms and Conditions by reference, explains how we collect, use, and protect your personal information. By using our website and services, you consent to the data practices described in our Privacy Policy.

Governing Law and Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. Any disputes arising under these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Amendments to Terms and Conditions

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting on our website. Your continued use of our website or services following the posting of revised Terms and Conditions constitutes your acceptance of the changes.

It is your responsibility to check these Terms and Conditions periodically for changes. The "Last updated" date at the top of this page indicates when these terms were last revised.

Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision shall be replaced by a valid, legal, and enforceable provision that comes closest to expressing the intention of the original provision.

Contact Information

If you have any questions or concerns about these Terms and Conditions, please contact us at:

Clear Dynamics
9 Dylan Springs Lake
Fredberg NE29 7BG
United Kingdom

Email: [email protected]
Phone: +44 647 404 0170