Terms and Conditions

2.1 Your Reservation

2.1.1 Booking Confirmation: Your booking is confirmed once we receive your deposit or full payment, and you receive a Booking Confirmation from us. Any provisional confirmation before this is not binding. If you do not receive a Confirmation Invoice within 14 days of booking, please contact us immediately. We reserve the right to refuse a booking without giving any reason and in such circumstances will return any monies paid at the time of booking.

2.1.2 Check Your Documents: Please review your Booking Confirmation and other documents as soon as you receive them. If there are any errors, contact us within 10 days. Corrections outside this timeframe may incur additional costs

2.1.3 Group Bookings: Any contract for a group booking is with the “Lead Name” as shown on the Booking Confirmation. The "Lead Name" on a group booking is responsible for ensuring all group members are aware of these Booking Conditions, have consented to them and that they consent to the Lead Name acting on their behalf in dealings with us.

2.2. Payment Terms and Surcharges

2.2.1 Price Changes: We reserve the right to alter prices before issuing your Booking Confirmation. Once issued, price changes can only be made in accordance with these booking conditions, particularly term 2.2.4 below, save cases of manifest error.

2.2.2 Deposit and Final Payment: To secure your booking, a deposit is required. The final balance is due 90 days before departure, except for specific trips (listed below) where it is due 120 days before departure. Failure to pay the balance on time may result in cancellation and loss of deposit.

Trips where the deposit is due 120 days prior to departure:

• Galapagos Islands
• All Liveaboard Trips
• All Retreats

2.2.3 Payment Methods: Payments can be made via credit/debit card on our website, or by bank transfer. We do not store card details.

2.2.4 Surcharges: Changes in transportation costs, taxes, exchange rates, or supplier costs may result in a surcharge. No surcharges will be applied within 30 days of departure. If the surcharge exceeds 8%, you may cancel and receive a full refund. Should you decide to cancel for this reason, you must do so within 14 days of receiving details of our surcharges.

2.2.5 Accuracy: We endeavour to ensure that all the information and prices both on our website and other literature are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before you make your booking.

3.1 As we plan your holiday arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time. Changes: If we make a minor change to your holiday, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but we will have no liability to you. An examples of a minor changes include change of accommodation to another of the same or higher standard.

Occasionally we may have to make a significant change to your confirmed arrangements. Examples of what might equate to “significant changes” dependent upon the details of your booking include the following, when made before departure:

(a) A change of accommodation area for the whole or a significant part of your time away.

(b) A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.

(c) A change of outward departure time or overall length of your arrangements by more than 12 hours.

(d) A significant change to your itinerary.

Cancellation: We will not cancel your travel arrangements less than 20 days before your departure date, except for reasons of Events Beyond Our Control or failure by you to pay the final balance. We may cancel your holiday before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached.

If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:

i) (for significant changes) accepting the changed arrangements; or

ii) a credit of what you have paid to date towards a future trip with us;

iii) having a refund of all monies paid; or

iv) if available and where we offer one, accepting an offer of an alternative holiday (we will refund any price difference if the alternative is of a lower value).

You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.

If we cancel or make a significant change and you accept a refund, we will provide a full refund of your travel insurance premiums if you show that you are unable to transfer or reuse your policy.

Compensation

In addition to a full refund of all monies paid by you, we will pay you compensation in the following circumstances:

(a) If, where we make a significant change, you do not accept the changed arrangements and cancel your booking;

(b) If we cancel your booking and no alternative arrangements are available and/or we do not offer one.

IMPORTANT NOTE: We will not pay you compensation in the following circumstances:

(a) where we make a minor change;

(b) where we make a significant change or cancel your arrangements more than 60 days before departure;

(c) where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;

(d) where we have to cancel your arrangements as a result of your failure to make full payment on time;

(e) where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;

(f) where we are forced to cancel or change your arrangements due to Events Beyond Our Control (please see condition 9).

If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.

NB - Open water swimming and other outdoor activities are subject to weather and water conditions. Last-minute changes or cancellations may occur, and you are expected to follow the instructions of our guides or any third party operating an activity.

4.1 Changes To Your Booking

4.1.1 Requesting Changes: If you wish to make changes to your booking, notify us in writing as soon as possible. We will try to accommodate your request, but changes are subject to availability.

4.1.2 Cost of Changes: Any changes may incur additional costs, including an administration fee of £50 per person. You will also be responsible for any price difference for additional services or facilities.

4.1.3 Impact on Discounts: If you received a booking discount, this may be adjusted or withdrawn if the discount conditions have changed at the time of your requested changes.

4.2 Cancellations by You

4.2.1 Notification: If you need to cancel your booking, notify us in writing immediately. Cancellation charges will apply based on the table in Section 5.

4.2.2 Non-refundable Donations: Any charitable donations made as part of your booking are non-refundable.

4.2.3 Transfer of Booking: You may transfer your booking to another person if you cannot attend, subject to the following conditions:

• Notify us at least 7 days before the trip starts.

• Pay an amendment fee of £50 per person and cover any additional costs incurred.

• Ensure the new participant agrees to these Booking Conditions.

We may be unable to transfer the booking if the sex of the replacement is not the same as the original person on the booking due to the fact that we often used shared accommodation.

The following table outlines the charges and refunds applicable in the event of significant changes or cancellations.

Note: The above policy does not apply to our Races & Events, where deposit payments are non-refundable.

6.1 We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of the travel services specifically included in your package, as set out in your confirmation invoice and the information we provided to you regarding the services prior to booking. Please note that we shall not be responsible for any additional services provided to you, whether provided by the travel service providers or otherwise, which are not set out in your confirmation invoice and the information we provided to you regarding the services prior to booking.

6.2 We will not be responsible or pay you compensation for any personal injury or death unless you are able to prove that it was caused by our negligence or the negligence of our suppliers.

6.3 We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

(a) the acts and/or omissions of the person affected; or

(b) the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or

(c) Events Beyond Our Control (as defined in condition 9).

6.4 We limit the amount of compensation we may have to pay you if we are found liable under this condition:

(a) loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.

(b) Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.

6.5 Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services set out in the confirmation invoice and the information we provided to you regarding the services prior to booking and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation in respect of any claim for damages or compensation whatsoever will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.

6.6 It is a condition of our acceptance of liability under this condition that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.

6.7 Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.

6.8 Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:

(a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you;

(b) relate to any business;

(c) indirect or consequential loss of any kind.

6.9 We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.

6.10 Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday. For the purposes of this condition, “unavoidable and extraordinary circumstances” may include warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.

6.11 Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your contracted arrangements with us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.

6.12. Customer travelling to North America

Additionally, for customers traveling to North American (United States and Canada) destinations:

• LIABILITY WAIVER AND ASSUMPTION OF RISK (“Release”) is made by the Participant, (“I”, “me”) an individual who desires to embark on a swimming holiday through Swim Trek Ltd (“ST”, “us”), an independent travel company that contracts with third-party suppliers, including without limitation charter companies, tour operators, tour guides, and activity providers (each a “Supplier” and collectively, “Suppliers”) to provide travel products and services to travellers, including without limitation transportation, tours, accommodations, events, activities and excursions (“Travel Products”). In consideration of the risk of injury while participating in my holiday vacation (“Vacation”), and in consideration for the right to participate in the Vacation, I, on behalf of myself, my heirs, executors, administrators, assigns, and personal representatives, as well as any minors traveling with me, knowingly and voluntarily enter into this Release and waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Vacation, and release and forever discharge ST and their affiliates, officers, owners, employees, agents, and staff (collectively, “Releasees”) from any liability in connection with any claims relating to illness, disease, injury, paralysis, death, damages, or any other loss, whether economical or emotional, that I may suffer as a direct result of my participation in the aforementioned Vacation, including traveling to and from any event or activity related to this Vacation.

• I hereby acknowledge, understand and accept that:

(1) I am voluntarily participating in the aforementioned vacation and i am participating in the vacation entirely at my own risk. I am aware of the risks associated with traveling to and from the vacation as well as participating in this vacation, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. i understand that these injuries or outcomes may arise from my own or others’ negligence, conditions related to the vacation, or the condition of the vacation locations. nonetheless, I assume all related risks, both known and unknown to me, regarding my participation in the vacation.

(2) ST does not provide, own, or control any Travel Products. All Travel Products are owned, controlled, or made available by the Suppliers, subject to the Suppliers’ own terms and conditions, and the Suppliers are solely responsible for the Travel Products. Your interaction with any Supplier is at your own risk; ST does not bear any responsibility should anything go wrong during your travel. Hence, as the Participant, you agree that ST acts only as agent in acquiring Travel Products, including without limitation any high-risk excursions and activities such boating, water sports and swimming, for the travellers’ benefit, and on the express condition that ST shall not be responsible for any loss, accident, injury, delay, defect, omission or irregularity which may occur or be occasioned, whether by reason of any act, negligence or default of any Supplier or any other company or person engaged in or responsible for carrying out any of the arrangements, or otherwise in connection therewith.

• I have also read, understand and agree with ST’s other Terms and Conditions. I agree to indemnify, defend, hold harmless and fully release ST and the Releasees from any and all costs, expenses, fees, damages, claims, or any other liability whatsoever associated with my utilization of any and all Travel Products in connection with my trip, including without limitation any claims of third party negligence and/or the negligence of ST, and I hereby covenant not to sue ST for any such claims or join any lawsuit or action that is suing ST. This release of liability also binds my heirs, successors, legal representatives, and assigns.

7.1 Special Requests

7.1.1 Requests: Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us. We do not accept bookings that are conditional upon any special request being met.

7.2 Documentation

7.2.1 Required Documents: Ensure all necessary documentation (passport, visas, insurance, etc.) is in order. We are not responsible for any issues resulting from incomplete or incorrect documentation.

7.2.2 Group details: You are responsible for ensuring that all details passed to us for all members of your group. If information that you supply to us is inaccurate then you or your group may not be allowed to take part in the trip and will not be entitled to any compensation.

7.2.3 Final trip details: Final trip details will be sent before departure. Contact us if you have not received these details 7 days before the trip.

7.3 Health, Fitness & Entry, Passport and Immigration Requirements

7.3.1 Fitness Requirements: Each swim has specific fitness requirements and, although we provide guidance, it is your responsibility to assess your fitness for the activity. We may deny participation if fitness requirements are not met.

7.3.2 Medical Conditions: Please notify us of any medical or physical impairments at booking or if changes occur before the swim. Failure to inform us may result in cancellation without compensation. We may need full details from you of any medical conditions or allergies. This information is required purely to assist in the case of an emergency and will otherwise be kept strictly confidential.

7.3.3 Travel Abroad: For any swims where travel abroad is required, we can only provide general information regarding entry, passport, visa, immigration requirements and safety and health formalities applicable to your package itinerary. It is your responsibility to check such requirements (in good time before departure), in order to make your decisions to fulfil such requirements regarding your destination and/or the country(ies) through which you may be transiting through. Such information which you may need to check includes (but is not limited to) passport requirements including (but not limited to) how valid your passport must be after return date, whether your passport must be machine readble (for USA travel), or which visas may be required for entry such as ESTA for USA travel and/or ETIAS for EU travel). For UK customers, for instance, you should review the Foreign, Commonwealth and Development Office website (“FCDO”, https://www.gov.uk/travelaware).

7.4 Insurance

7.4.1 Comprehensive Travel Insurance: It is a condition of booking with us that you must have appropriate and adequate travel insurance that covers open water swimming, including illness, accident, and repatriation. We may require proof of insurance before the trip begins.

7.5 Your Behaviour

All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of any hotel manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

7.6 Arriving on Time

7.6.1 Start Point: It is your responsibility to arrive at the start point on time. We are not responsible for any delays or missed connections.

8.1 During the Trip

8.1.1 Immediate Action: If you have a complaint during the trip, inform us immediately so we can address the issue.

8.2 After the Trip

8.2.1 Follow-up: If the complaint is not resolved, write to us within 28 days of returning home with your booking reference and details. We aim to respond promptly.

9.1 Events Beyond Our Control

9.1.1 Events Beyond Our Control: Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Events Beyond our Control”. For the purposes of these Booking Conditions, Events Beyond Our Control means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to a) travel safely to the destination b) remain at the travel destination or c) complete the swimming itinerary, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or our supplier(s) concerned’s control.

9.2 Data Protection

9.2.1 Personal Data: By booking with us you consent to our use of personal data in accordance with our Privacy Policy (https://www.swimtrek.com/privacy-policy ) and authorised us on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);

9.3 Photography and Comments

9.3.1 Usage: We may use photos taken during trips or comments provided for marketing purposes. Notify us if you prefer not to be included.

9.4 Jurisdiction and Governing Law

9.4.1 Legal Matters: These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.

9.5 Communication

9.5.1 Email Correspondence: Most of our communication will be via email. Ensure you retain copies and notify us if you do not receive critical information, such as booking confirmations.

9.5.2 Online Account: Using a SwimTrek login creates an account allowing messaging and the sharing of information with other members through your profile. Information and content that you share or post may be seen by other Members or, if public, by Visitors. We are not obligated to publish any information or content on our Service and can remove it with our sole discretion, with or without notice.

10.1 Financial Protection: The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for SwimTrek Limited (5335), and in the event of their insolvency, the following protection is provided for non-flight packages sold to UK and EU customers only: * Non-flight packages. * Flight inclusive packages that commence outside of the EEA, which are sold to customers outside of the EEA. ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if you are abroad. Please note that bookings made outside the EEA are only protected by ABTOT when purchased directly with SwimTrek Limited. In the unlikely event that you require assistance whilst abroad due to our financial failure, please call our 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company. You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here: https://www.legislation.gov.uk/uksi/2018/634/contents/made If you book arrangements other than package holiday from us, your monies will not be financially protected. Please ask us for further details.

2.1 Your Reservation

2.1.1 Booking Confirmation: Your booking is confirmed once we receive your deposit or full payment, and you receive a Booking Confirmation from us. Any provisional confirmation before this is not binding. If you do not receive a Confirmation Invoice within 14 days of booking, please contact us immediately. We reserve the right to refuse a booking without giving any reason and in such circumstances will return any monies paid at the time of booking.

2.1.2 Check Your Documents: Please review your Booking Confirmation and other documents as soon as you receive them. If there are any errors, contact us within 10 days. Corrections outside this timeframe may incur additional costs.

2.1.3 Group Bookings: Any contract for a group booking is with the “Lead Name” as shown on the Booking Confirmation. The "Lead Name" on a group booking is responsible for ensuring all group members are aware of these Booking Conditions, have consented to them and that they consent to the Lead Name acting on their behalf in dealings with us.

2.2 Payment Terms and Surcharges

2.2.1 Price Changes: We reserve the right to alter prices before issuing your Booking Confirmation.

2.2.2 Payment Methods: Payments can be made via credit/debit card on our website, or by bank transfer. We do not store card details.

2.2.3 Accuracy: We endeavour to ensure that all the information and prices both on our website and other literature are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before you make your booking.

3.1 If We Change Your Swim Details

3.1.1 Minor Changes: We aim to provide all services confirmed in your Booking Confirmation. Occasionally, changes may have to be made such as replacing a guide due to illness. We will inform you as soon as possible.

3.2 If We Cancel Your Swim

3.2.1 Swim Cancellations: If we must cancel a swim, for example, due to low bookings, we will inform you promptly and offer a full refund.

3.3 Changes During the Swim

3.3.1 Flexible Schedule: Open water swimming requires flexibility due to weather and currents. Last-minute changes or cancellations may occur, and you are expected to follow the guidance of our guides or third-party operators.

4.1 Our Liability To You

4.1.1 Overall: Our obligation is to operate our contract with reasonable skill and care, and to similarly choose any suppliers with reasonable skill and care.

4.1.2 We are not liable for any failure to perform the contract due to circumstances beyond our control, including but not limited to:

• Your actions or omissions
• Third-party actions unrelated to our services
• Unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall
• A member of your party suffering illness, personal injury or death attributable to a third party unconnected with the provision of our services, or as a result of failures due to circumstances beyond our control.

4.1.3 Liability Cap: Except in cases of death or personal injury, our liability is limited to the amount you paid for the swim.

4.1.4 Third-Party Terms: Our liability is further limited according to the terms of our service providers.

4.1.5 Statutory Rights: These terms do not affect your statutory rights under applicable law.

5.1 Special Requests

5.1.1 Requests: Any special requests must be advised to us at the time of booking (e.g. diet). You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to a partner business is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us. We do not accept bookings that are conditional upon any special request being met.

5.2 Documentation

5.2.1 Required Documents: Ensure all necessary documents are available on the day of the swim. Missing documents may result in exclusion from the swim without compensation.

5.2.2 Group details: You are responsible for ensuring that all details passed to us for all members of your group. If information that you supply to us is inaccurate then you or your group may not be allowed to take part in the swim and will not be entitled to any compensation.

5.3 Health, Fitness & Entry, Passport and Immigration Requirements

5.3.1 Fitness Requirements: Each swim has specific fitness requirements and, although we provide guidance, it is your responsibility to assess your fitness for the activity. We may deny participation if fitness requirements are not met.

5.3.2 Medical Conditions: Notify us of any medical or physical impairments at booking or if changes occur before the swim. Failure to inform us may result in cancellation without compensation. We may need full details from you of any medical conditions or allergies. This information is required purely to assist in the case of an emergency and will otherwise be kept strictly confidential. For any swims where travel abroad is required, we can only provide general information regarding entry, passport, visa, immigration requirements and safety and health formalities applicable to your package itinerary. It is your responsibility to check such requirements (in good time before departure), in order to make your decisions to fulfil such requirements regarding your destination and/or the country(ies) through which you may be transiting through. Such information which you may need to check includes (but is not limited to) passport requirements including (but not limited to) how valid your passport must be after return date, whether your passport must be machine readble (for USA travel), or which visas may be required for entry such as ESTA for USA travel and/or ETIAS for EU travel). For UK customers, for instance, you should review the Foreign, Commonwealth and Development Office website (“FCDO”, https://www.gov.uk/travelaware).

5.4 Insurance

5.4.1 Comprehensive Travel Insurance: It is a condition of booking with us that you have suitable, comprehensive travel insurance, covering illness, accident, and repatriation. Insurance must cover open water swimming or other activities.

5.5 Behaviour

5.5.1 Conduct: You and your party are responsible for adhering to event rules and regulations. Disruptive, unreasonable or dangerous behaviour may result in removal from the swim without compensation or refund.

5.6 Arriving on Time

5.6.1 Start Point: Arriving at the designated start point on time is your responsibility.

6.1 During the Swim

6.1.1 Immediate Action: If you have a complaint during the swim, inform us immediately so we can address the issue.

6.2 Post-Swim Complaints

6.2.1 Follow-up: If the complaint is not resolved, write to us within 28 days of returning home with your booking reference and details. We aim to respond promptly.

7.1 Changes Due to Circumstances Beyond Our Control

7.1.1 Unforeseeable Events: We are not liable for cancellations or changes due to unforeseen events such as bad weather, adverse water conditions or marine activity, pollution to waters, unavoidable technical problems with transport or accommodation, war or threat of war, civil strife, industrial disputes, natural disaster, pandemic, epidemic, terrorist activity, or other circumstances beyond our control.

7.2 Data Protection

7.2.1 Personal Data: By booking with us you consent to our use of personal data in accordance with our Privacy Policy (https://www.swimtrek.com/privacy-policy) and authorised us on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements).

7.3 Photography and Comments

7.3.1 Usage: We may use photos taken during swims and any comments provided for marketing. Notify us if you prefer not to be included.

7.4 Jurisdiction and Governing Law

7.4.1 Legal Matters: These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.

7.5 Personal Information & Communication

7.5.1 Email Correspondence: Most of our communication will be via email. Ensure you retain copies and notify us if you do not receive critical information, such as booking confirmations.

7.5.2 Online Account: Using a SwimTrek login creates an account allowing messaging and the sharing of information with other members through your profile. Information and content that you share or post may be seen by other Members or, if public, by Visitors. We are not obligated to publish any information or content on our Service and can remove it with our sole discretion, with or without notice.