Terms and Conditions

ECC ADVENTURES FZE (ECC) TERMS AND CONDITIONS (THE “TC”)

1.      Scope of contractual agreement

1.1   In consideration of the services provided by ECC Adventures FZE, hereafter referred to as the “organizer”, I agree, for myself (and for the minor participant if I am signing as a parent or guardian), hereafter referred to as the “participant”, to the following “TC” for the services provided by the organizer, which begins after confirmation of payment has been received, up until the “completion” of the “event”, or the agreed upon service chosen by the participant and delivered up until the end of the activity.

1.2   In terms of provided transport (or the “sub-contractor”) (if the participant chooses this option), the service and liability fall upon the sub-contractor and the participant, and do not fall under the event provided by the organizer.

1.3   Registering/paying for the event is a confirmation that you have read and signed both the “Terms and Conditions” as well as the ECC Adventures FZE “Liability Waiver”“Medical Form”, and “Media Release Declaration”. If you do not sign on these terms and forms between payment and the start of the event, you will not be able to attend said event and are only entitled to a refund as per the stated agreement of “Cancelation/modification by the participant” in section 6 of ECC’s “Terms and Conditions”.

1.4  United Arab of Emirates is our country of domicile.

2.      Completion of agreement

The completion of the agreement between both parties, the participant and the organizer, will be considered finalized or “over” after the services have been rendered, as defined by the advertisement and confirmation receipt of the event. Any additional recreational activities not stated within the event’s details, whether within the same area or at a different location, will be outside of the parameters of the event and should be attended at the participant’s own risk.

3.      Expectations of the event

The locations that the organizers hold some of their events at might not have facilities or accommodations that participants may be commonly used to, as they may take place in rural areas with minimal development. Understand that availability or quality regarding bathrooms, food, drink, access to cellphone service, or other concessions might not be easily accessible, and a certain amount of discomfort is inherent. Depending on the participant’s experience level, the event or location could possibly be overwhelming/underwhelming.

Most of the activities involve certain risks and possibilities for personal injury and/or loss/damage of personal property. By registering, the participant is aware of and accepts the possible risk and discomfort involved with the event, and will be responsible for themselves and their group’s actions and involvement.

4.      Bookings, pricing, and payment

4.1   Bookings should be made through the organizer’s website. Other means of creating a booking may be through phone call to the organizer or the official business WhatsApp.

4.2   All bookings are not finalized/reserved until payment is 100% received and an email confirmation has been given.

4.3   Spaces are limited and reservations are first come first serve to those fully paid.

4.4   Participants who have completed only partial payments on trips that no longer have availability are entitled to refunds stated in the guidelines of Section 6 (Cancellation/modification by the participant).

4.5   Transportation can be provided at an additional cost, however, arrangements should be made as early as possible as spots are limited.

4.6   Event prices are listed in the advertisements. We as the organizer try to strictly adhere to the mentioned pricing of the trip listed in the event details. However, prices are subject to change due to a number of reasons that include, but are not limited to: subcontractor costs, change in participant attendance, modification of venue or provided meal/beverages, accommodations, flights, transport, etc. If prices have modified towards an increase after the participant has made the booking, either the original price will be honored or the participant is eligible for a full-refund if they do not wish to pay the difference. Any modification where the new price is less than what was paid, the participant shall receive a monetary refund.

4.7   Unless otherwise specified, personal accident insurance, gratuities to guides, and any items of a personal nature that are not stated in the event details are not included in the price of the event.

4.8   Payment will be accepted in AED through Visa or MasterCard debit and credit cards, through IBAN transfer, or in cash at the organizer’s office location. All payments must be 100% completed by the day of the event, or the participant will not be able to join the event and forfeits all prior partial payment.

4.9   For all payments through Visa or MasterCard debit or credit cards, cardholder must retain a copy of transaction records and Merchant policies and rules.

4.10.  Once the payment is made, the confirmation notice will be sent to the client via email within 24 hours of receipt of payment.

4.12  User is responsible for maintaining the confidentiality of his account

4.13   A refund can be granted as per Article 6. Refunds are done through the organizer’s third-party payment portal, so please allow 3-6 working business days before following up on any agreed upon reimbursement.

4.14 ECC Adventures will not trade with or provide any services to OFAC (Office of Foreign Assets Control) and sanctioned countries in accordance with the law of UAE.

4.15 Customer using the website who are Minor/under the age of 18 shall not register as a User of the website and shall not transact on or use the website.

5.      Cancellation/modification by the organizer

5.1 Circumstances may arise outside of the organizer’s control, resulting in a change or cancelation of the event. The organizer (ECC) holds the right to cancel the event at any time due to the following reasons:

·         Possible inclement weather (20% chance or higher of precipitation, sandstorms, extreme heat, etc.);

·         Minimal participants not reached for the event to proceed;

·         Issues with having enough trip guides on hand (mandatory safety requirement);

·         Major or sudden policy changes with the UAE national or Fujairah government;

·         National emergencies, including force majeure or COVID related guidelines and restrictions;

·         Internal issues with the organizers.

5.2 In the event that the organizer cancels, there will be a 100% refund onto the original mode of payment minus the service charge to the participant. Alternatively, the participants can be given credit of equal value used towards another future event (if the future events’ pricing is greater, the difference will need to be paid before the event/if lesser, then the participant will be reimbursed).

6.      Cancellation/modification by the participant

6.1 The organizer understands that things come up that can change a participant’s involvement in an event on a planned specified day. However, the participant has to take into consideration that each event has limited availability and requires a certain amount of costs from the organizer (food/beverage, planning, communication, external bookings with vendors) that becomes harder to fill with a replacement participant closer to the event date. With this in mind, cancellations or modifications (credit for a future event) are as follows:

Cancelation DeadlineReimbursement AmountCredit AmountReimbursement involving a third-party vendor
2 weeks or more before the event100% refund100% creditwill be stated in the event details
13-8 days before the event80% refund100% creditwill be stated in the event details
7-3 days before the event40% refund60% Creditwill be stated in the event details
2 days before the event20% refund40% Creditwill be stated in the event details
Less than 24 hours notification,Notification during pickup/event start, OR No show0% refund0% credit0% refund

6.2 Any cancellations must be made in writing and sent to the organizer’s email. Any extenuating circumstances will be heeded for refund/credit considerations, but not guaranteed. *Any refunds due will be made onto the original mode of payment.

6.3 It is also important that participants are punctual to event pick-ups or meeting locations. Please contact organizers ASAP if you are running late. We will wait for a “reasonable” amount of time past the agreed upon event pick-up or event start, whereafter, we will begin without tardy participants.

6.4 If the participant misses the event start-time, they are entitled to no more than a 30% credit if a valid reason is provided (actual traffic making driving impossible, medical emergencies backed with an official doctor’s note). Invalid reasons include waking up late, getting lost, gas station breaks, etc.

Transportation costs are listed separately from the event price, and any reserved spots paid for in advance for the organized transport will not be reimbursed.

7.      Responsibilities of the organizer

7.1   It is the organizer’s responsibility to deliver the event advertised to the participant. We are not infallible though: things come up, situations can rapidly change due to external conditions, and sometimes decisions can be made that are not agreed upon by all participants. Expectations may vary, but the organizer will try their best to fulfill the experience in a safe and enjoyable manner.

7.2   The organizers are not responsible or to be held liable for any property damage done to natural, historical, or private sites during the event caused by the participant due to a lack of following directions. Any lost or damaged property, such as equipment held by the organizer or its contractors, that are not damaged through simple “wear and tear”, will also be the financial responsibilities of the participant.

7.3 Disclaimer: This disclaimer only absolves the organizers of liability up to what is legally allowable under statue, and cannot circumvent obligations and responsibilities held by the national laws of Fujairah and the UAE.

Patience, empathy, and leadership is how we demonstrate who we are on the trail.

8.      Responsibilities/Understandings of the participant

8.1   Health and Safety: It is the participant’s responsibility to notify the organizers, in verbal and written form (via the “Medical Waiver”), about any underlying conditions that might prevent the participant from completing the event or activities in either a manner that is safe or conducive for a natural flow for the group. We are inclusive of all individuals, as long as it does not put either the organizers or participants at risk. Event details will be posted for the event beforehand, so it is the participant’s responsibility to self-assess their mental and physical capability of joining and completing the activities during the event. The organizers are not to be held liable if the participant is not honest or forthcoming about their abilities or medical conditions.

In light of issues related to COVID-19 (coronavirus), the organizers are asking all participants to be conscientious of the fact that this is a group event. If the participant is experiencing any sort of symptoms that could be associated with COVID-19, including dry cough, fever, body aches, loss of taste/smell, tiredness or malaise, shortness of breath, or other irregular symptoms, we ask that they inform the organizers before the event. Failure to notify the organizers about the development of possible symptoms, possible infection through recent contact with someone who has tested COVID-positive, or of a positive confirmation test recently received by the participant, can leave the participant liable for any complications from possible transmission between participants and the organizers, and what could be punishable by UAE laws. Cancelations related to issues with COVID-19 will be much more flexible with refunds/credit, as long as a medical note or proof of complications related to the virus can be provided.

8.2   Agreement to organizer’s authority during the event: During the event, the organizer seeks to make sure the participants are having a safe and enjoyable experience. For this to happen effectively, it is vital that all participants follow directions given by the guide leader and other official representatives of the event (excluding trip volunteers). For minors on the trip, the executor, administrator, or guardian will be obligated to make sure all younger participants (17 and under) are following given organizer instructions. 

Any participant that is not following the trip leader’s instructions will be warned and if they choose to continue not following directions, will be escorted from the event without refund.

8.3   Rules regarding social and environmental expectations: The organizers have strict rules working as a licensed-organization established under the Emirate of Fujairah. Official trip rules and internal guidelines are put into place in order to make sure that the organizer provides a safe and comfortable environment for both its organizing members as well as the participants of the event.

In regards to these expectations, the organizer is operating on a policy of inclusion, tolerance, and cultural sensitivity. Any sort of discrimination or harassment, whether it be verbal or physical, will not be tolerated, and perpetrators will be warned and asked to leave/be barred from all future activities if the behavior continues.

How participants decide to interact with one another outside of the event is a private matter that does not involve the organizers, as long as contacts are not taken from places related to the organizer, such as group WhatsApp messages for the event or the organizer’s social media page. Any reports of harassment will be met with the accused being banned from attending any future events.

The organizers are also looking to promote the rich and proud traditional heritage of the UAE, while carefully respecting the local culture. Any sort of disrespect to the UAE, local individuals, or physical areas that belong to citizens of Fujairah or the UAE or are public areas of historical importance will not be tolerated and violators will face consequences ranging from ejection from the event to being reported to the local authorities. The organizer’s value all opinions and walks of life, up until it affects the safety of other participants or the name or legal status of the organizer.

The organizers follow a common ideology stressing the importance of nature and the need to respect it for future generations. An adherence to the “Leave No Trace” principals will be discussed and followed while travelling along the trail. Actions by participants that may lead to measurable impacts to the environment or wildlife during the event will be pointed out by the organizers for correction. These actions may include leaving waste or trash on the trail, damaging or destroying naturally or historically made structures, creating fires in an unsustainable manner, creating cairns, getting too close or handling wildlife, keeping naturally-occurring objects from the event area, or any number of actions that may be considered ecologically damaging.

After the initial instruction has been given and if participants choose to continue to ignore or violate guidelines that are provided by the guide leader or any of the organizers on the event, actions may range from not being invited back to future activities, being ejected from the current one, or possibly being reported to local authorities.

Finally, smoking is not allowed in any naturally-occurring environment during the duration of the event.

9.    Booking Forms, Medical Declaration, Group Details & Parental Consent

9.1   Booking forms: To book a place on an event, the participant must do so through the web portal, or via other means which may include an e-mailed or physical booking form. These forms are required to collect all information and until they have been filled out, the event has been paid for, and a booking confirmation receipt has been received, the participant is not officially registered for the event. They must contact the organizers if they are having issues getting any of these requirements completed.

9.2   Medical Declaration: The “Medical Waiver” should be found either during the registration process or through an event requirements follow-up email after event payment. It is important to have this completed and accurate so that all needed preparation can be tended to before the trip. Without the completion of the form, the participant cannot attend the event. In case of issues receiving the form before the day of the event, please notify the organizers of any major considerations and forms will be available at the start of the event for the participants to sign.

9.3   Group Details: If an individual is signing up and paying for a group, it is important that each group member individually fills out and signs the needed forms, which include the “Terms and Conditions”, “Liability Waiver”“Medical Form”, and “Media Release Declaration”. These can only be signed by either the participant or their legal guardian. If not completed, the individuals are only entitled to a refund or credit described in section 6 once it has been understood that the forms and terms could not be finalized by the individual participant.

9.4   Parental Consent: All participants under 18 must be accompanied by a legal guardian who has signed off on the underage participant’s involvement in the event. Without proof of guardianship, consent agreement, and signed waiver release of responsibility, the underage participant may not be allowed to attend the event. 

10. Insurance

Although, the organizers have full Tour Operator’s Liability Insurance coverage, this is only to cover claims against the organizer (ECC) in respect to negligence or other incidents where found legally liable. This does not cover accidents involving individuals where unfortunate mishaps may happen of their own volition during the event.

We recommend that the participant arranges adequate personal insurance coverage for all activities. Please note that many UAE health insurance policies exclude cover for certain sporting or “Hazardous” activities, so it is important that all participants carefully check the terms of their health insurance policy to ensure that it meets their requirements before making the decision to sign up for the event or seeking additional coverage.

11. Liability

In registering for the event, the participant must sign the ECC “Liability Waiver”, which defines the Activities and Associated Risks, Assumptions of the Risk, Release of Liability, Indemnification to Hold Harmless and Defend, COVID-19 Release of Liability, Supervision, Agreement to Follow Directions, Independent Contractor relations, Severability, and Applicable Law, Forum, and Attorney’s Fees.

In doing so, the participant hereby releases and agrees not to sue ECC and their associates from all liabilities, causes of action, claims, and demands that arise in any way from any injury, harm or death that occurs to the participant, to any other person or to any property during the event. This release does not extend to claims of gross negligence, intentional or reckless misconduct, or any other liabilities that UAE law does not permit to be released by agreement.

12. Indemnity

“Indemnity” of the organizers will be stated and defined in the terms of the ECC “Liability Waiver”. There, the participant promises to indemnify and hold the organizers harmless from all liabilities, causes of action, claims, and demands that arise in any way (barring exclusions stated in section 11) from any injury, illness, death, loss, or harm that occurs to them or any other person in their group. In attending this event, the participant agrees that in the event of their possible death or disability, the terms of this waiver agreement, including the indemnification obligation in this Section, will be binding on their estate, and their personal representative, executor, administrator, or guardian will be obligated to respect and enforce them.

13. Activities delivered via subcontractors

Suppliers, including transport operators, provide their services in accordance with their own terms and conditions. These terms may limit or exclude their liability to the participant in the event of death, personal injury, delay or loss / damage of personal possessions. The organizer (ECC) indemnifies itself from any claims during such activities and shall have legal agreements with said contractor stating such.

14. Complaints, claims, and appeals

If a large portion of the program has been modified or not delivered during the event, the participant may discuss this with the trip organizer to try to adjust this oversight or to log the issue (his taking the verbal complaint is in no way an admittance of fault/wrongdoing). If by the end of the event, the participant is still not satisfied that the organizer had delivered the experience advertised, they must log a written complaint to the organizer’s office, either via email or physical letter, within 15 days of the event.

15. Photographs and publicity

By attending the event, the participants must sign the “Media Release Declaration”. If they consent, photographs and videos of them and/or their group may be taken during the event, shared amongst the group’s participants and possibly used for marketing or other business-related purposes later on, without any recourse.

If the participant chooses to waive the organizer’s right to taking their photographs and/or using their likeness, it is their responsibility to avoid all group-related photos and to notify the organizers and other participants if their photo has been taken and shared/distributed either through messaging platforms or social media, so the organizer/participant may do what is within their power to take down their image/mask their likeness in a reasonable timeframe.

16. Governing law and jurisdiction

This TC and all matters arising from it are subject to the laws of the UAE. The courts of Dubai shall have the exclusive jurisdiction for any dispute arising out on in connection with this TC.

17. Eccadventures.com Owned and Operated by ECC Adventures FZE

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