This agreement details :-
· What you can expect from us;
·
What we will expect from you in return;
·
The obligations of both of us; and
·
The procedures used before, during
and after your time in Bolivia.
INTERPRETATION
´We´, ´Us´, ´Our´ and ´BV´ refer to Bolivia Volunteers, including its management, staff, and anyone authorized to act on its behalf.
´You´, ´Your´, ´Yours´, ´He´ and ´She´ refer to the volunteer.
´Project´ refers to the place
where volunteers carry out their volunteering tasks, including all locations
and persons connected to it in any way.
´Placement´ is a collective
term referring to the total length of time spent by the volunteer in Bolivia,
covering any or all of the activities that fill that time.
´Placement Coordinator´ refers to the person who organizes the placement, whether they be a member of BV staff, or a third party agent.
You must be at least 18 years old to join a placement and we reserve the right to reject your application at any time or to ask you to leave the placement immediately if it has already begun without refund or redress in both instances in the event of us discovering that you are under 18.
A) You are expected to satisfy
yourself that you are physically and mentally fit and able to complete the
placement, taking into account its nature, location, and duration.
B) You must disclose at the time
of application any pre-existing medical conditions you may have and give
details of any form of ongoing medical treatment you are receiving. You must
also provide us with an update should there be any change in your state of
physical or mental health between the time of application and the start of
the placement. Failure to make such disclosures in full shall constitute a
breach of this agreement and we will not be liable for any illness
or injury to you caused directly or indirectly by any failure to make such
disclosures in full. We reserve the right to
reject your application at any time or to ask you to leave the placement
immediately if it has already begun without refund or redress in both
instances in the event that such disclosures have been misleading, inaccurate
or incomplete.
C) It is your sole
responsibility to seek medical advice concerning all matters relevant to the
placement. In submitting an application you confirm your acceptance that
general standards of health; safety; and personal and public hygiene in Bolivia may fall short of
those to which you are normally accustomed; and that you accept the potential
risks of injury, fatigue and illness inherent in a placement of this kind.
D) You must receive all
necessary inoculations or medication within the requisite period before
departure and during your placement, and should take advice
from your GP or doctor as to which inoculations or medication are necessary
and/or advisory. We reserve the right to inspect your
vaccination and/or inoculation certification, and to reject your
application at any time or to ask you to leave the placement immediately if it
has already begun without refund or redress in both instances in the event
of you not having received all the requisite vaccinations, inoculations or
medication, and/or not having been issued with the correct relevant
documentation.
E) Once the placement
has begun we reserve the right to decide for reasons and on grounds of health whether or not it is in your best interests to participate in any particular
element of the placement, or to continue in the placement as a whole.
F) We will not be held responsible or liable for :- 1) any disease, illness or medical condition contracted during the placement; 2) your disregard of any health advice or instructions issued to you in connection with the placement. Any such information provided by us is given in good faith, and can only constitute a general overview of the health hazards and requirements relevant to the placement. It is no substitute, and should not be assumed to be so, for specific and detailed professional medical advice; or 3) the consequences of your failure to comply with any part of these Terms and Conditions in this section and elsewhere which relates to matters of health and safety.
You must comply with all passport, visa and any other documentation requirements that relate to your journey to join the placement, and to ensure you have these with you when you travel ready for inspection at any time by a duly authorized person. We will not be held liable for any claim arising from any failure on your part to do so.
You must make the travel arrangements necessary to ensure you arrive in Bolivia at the pre-arranged location at the appointed time. We will pass on to you any available information regarding international and domestic travel, but this will be offered only in good faith and shall be without responsibility or liability on our part in the event of inaccuracies becoming apparent. In the event of you failing to arrive at the appointed place at the appointed time without giving prior notification to us we reserve the right to cancel your placement without refund or redress.
A) Given its nature, location and duration, a flexible approach is a
prerequisite of joining a placement, and elements such as activities;
schedules; itineraries; modes of transport used; services and facilities, may
be subject to alterations or cancellations with little or no prior notice, due
to circumstances or events beyond our control. Where the consequence of those circumstances or events is serious enough to
significantly effect your placement we will try to arrange a suitable
alternative elsewhere as soon as is reasonably possible.
B) We reserve
the right to alter, temporarily suspend, or cancel a placement at any time before or after the start date and shall not
be held responsible for such actions when taken in response to any circumstance or event that is beyond our control.
C) There are potential risks and hazards associated with any volunteer placement in any third-world country, (of which Bolivia is one), including the possibilities of injury, disease, discomfort, and delays, and you join the placement entirely at your own risk, and accept that we shall not be liable for any illness, injury, loss or damage which is directly or indirectly attributable to :-
1) your behaviour, action(s), error(s) or omission(s); 2) any action(s) by a third party
unconnected with us; 3) circumstances, events and situations
beyond our control.
D) We shall only be
liable in all respects, to the extent that we are obliged to assume liability
under Bolivian Law.
E) With regard to 5A, 5B,and 5C.3 above, in the event of circumstances that are beyond our control, and the resulting actions taken by us, we shall make every effort to give you prior notice either verbally or in writing, and to refund to you as much of the placement fees as possible in the event of us suspending, curtailing or cancelling the placement.
We reserve the right to end this agreement and immediately terminate
your placement without refund or redress if at any time :-
A) The project you attend believes you are consistently failing to fulfill the responsibilities and duties that you offered to perform. B) You are found to be involved in or convicted of any illegal or criminal activity during the period of your placement. C) You violate any conditions outlined in Section 7 below (¨Liability of The Volunteer"), and / or D) you have given false information on your application form.
You acknowledge and agree:-
1) that given the nature of the placement we cannot monitor and chaperone
you 24 hours a day, and whilst we will advise you on
matters of personal security and safety, and ensure that you receive adequate instructions, training and supervision
during each of the elements of, and activities included in your placement, the onus is on you to act and behave at all times in a responsible and diligent manner with
regard to the personal safety and well-being of not only yourself, but also of all other persons directly involved or in any way connected with your placement. In addition, you acknowledge and agree that you may be found responsible and liable in law, (both
Criminal and Civil), for any injuries/damages caused by your own actions;
negligence; errors or omissions; or failure to follow instructions.
2) to respect and
obey the laws and customs of Bolivia during the placement, along with any local
rules and regulations brought to your attention by us, or any person duly
authorized to act on our behalf, and to afford to everyone you deal
with, (whether they be associated with the placement or not), the common
courtesy, consideration, and respect that they might reasonably expect to
receive.
3) to abide by the
project´s code of conduct / rules, as may be issued to you, and carry out the duties you are assigned to the best of
your abilities, behaving responsibly at all times and co-operating with Bolivia
Volunteers management, staff, agents, other volunteers, and the project
administrators, staff and attendees at the project.
4) to inform us and your project of any absence, regardless of its duration.
5) to bring to our attention any concerns arising from any aspect of the placement.
6) that any monies paid to us in respect of any Spanish tuition courses and/or any other additional facilities and services that you may instruct us to arrange on your behalf are strictly non-refundable.
7) not to make any independent arrangements regarding any element of your placement, especially any amendments, alterations, or extensions to it after completion without first consulting your placement co-ordinator.
8) to give notice of any intention to travel independently, and act upon the advice and recommendations you are given by us, our staff or agents regarding such intentions, and that there will be no refunds made to you in respect of accommodation not used or meals not taken, whilst you are away from your placement accommodation.
9) not to take control of any form of motorized transport under any circumstances.
10) not to possess, use or handle any illegal or controlled substances or items as defined by the laws of The Republic of Bolivia and your country of permanent residence.
11) that our decision regarding any matter connected
with the placement is final, and that all instructions and requests made by us are to be complied with.
We reserve the right to terminate your placement immediately without refund or redress if you do not comply with the requirements of paragraph 8.2, 8.3 and 8.10 above, or if we
believe that your behaviour is detrimental to the safety and welfare of the
placement; the project; any person connected with it either directly or
indirectly; or any other third party.
12) that we shall hold you
personally responsible for any loss of business, or disrepute suffered by us,
due to your failure to comply with the requirements of any of these terms and
conditions, and if deemed necessary shall seek financial recompense by way of court action against you.
8. LIMITATIONS and RISKS
1) as in all international volunteer programs in developing countries, our projects may involve risks, (foreseen and unforeseen), and you agree to accept them and deal with them as and when they arise.
2) the realities of developing countries include poverty; poor medical, communication, and transportation facilities; low standards of personal and public hygiene; social outcasts & cultural differences, and you may experience a cultural shock associated with these limitations, that may affect your stay.
3) conditions experienced daily by the local community of which as a volunteer you become a part may at times be unfamiliar, uncomfortable and unhygienic.
4) risks exist in some areas of travel and modes of transportation.
5) if you choose to join one of our placements we cannot allow for every eventuality. You will be choosing to travel to places which can be unpredictable.
6) we will not accept the limitations and risks outlined above, and elsewhere in this agreement, (or those of a similar nature not mentioned), as adequate reasons for complaints and/or requests for refunds or compensation.
7) we reserve the right at any time to assign or otherwise transfer these terms and conditions in whole or in part including all rights and obligations to any third party of our choice and at our sole discretion without the need for separate notification.
8) whilst we do our upmost to safeguard your health & safety with
appropriate advice on what is likely to effect you we cannot be held
responsible for damage, illness or injury, (of any magnitude), sustained during or resulting from your participation in a placement.
9. FEES and PAYMENTS
In submitting an application to join a placement you agree to pay the placement fees and any other charges for ancillary or additional services you may request us to provide in force at the time of your application.
1) A deposit of
U.S. $100 is required to secure a placement, which must reach us within 14 days
of an application being accepted. This is strictly non-refundable if you
subsequently withdraw your application; decline our offer of the placement for
which you applied; or cancel or withdraw from your placement at any time.
2) Balances are
payable no later than 30 days prior to the commencement of the placement.
3) We will contact you
by e-mail, (sent to your last known e-mail address), if you fail to make the
necessary payment on time advising that unless such payment is received within
the following ten days the offer of a placement will be withdrawn and that no
refund of any monies previously paid will be made.
Procedures for payment vary depending on your country of residence and we will detail them separately to you once your application has been accepted.
10. CHANGES BY THE
VOLUNTEER
If you wish to make any changes to your placement we will try our best to accommodate your request which should be sent by e-mail to boliviavolunteers@hotmail.com. Each request for a change to a confirmed placement is considered individually taking into account the nature of the requested change; the placement involved; and the amount of notice we receive from you, and we reserve the right to charge an amendment fee where necessary. We will provide you with full details in the event of a request being received.
11. CANCELLATION BY THE VOLUNTEER
In the event of you canceling your placement at any time the percentage of payments made to us that we will retain is dependent on the date of receipt of your cancellation by e-mail to boliviavolunteers@hotmail.com and is in line with the following.
Where cancellation
is received :-
a) between and including 30 and 14 days prior to commencement, 45%;
c) less than 14 days prior to commencement, 100%.
The percentages quoted in a) and b) above will be applied to the remaining balance, after the following elements have been deducted from monies received by us:- 1) The non-refundable deposit; 2) All bank charges incurred by us in effecting any repayment of monies to you, together with those previously incurred in receiving payments from you.
It is your sole
responsibility to purchase should you so wish an insurance policy providing
adequate provision for the recovery of cancellation charges.
If at the start of your placement you fail to arrive at the appointed place at the appointed time, without giving us prior notice, and/or making mutually convenient alternative arrangements with us, or cancel or withdraw from your placement after the start date, no refund will be made and that all our obligations to you under this agreement shall cease with immediate effect.
Complaints about
any aspect of your placement should be directed in the first instance, (and at
the earliest opportunity), to the placement coordinator so that steps can be
taken to rectify the situation. If the
matter is not resolved to your and our mutual satisfaction whilst you are on
the placement you must contact us by e-mail at boliviavolunteers@hotmail.com within fourteen days of the end of your placement to give us the opportunity
to investigate matters fully and attempt to resolve any outstanding issues.
After this time no correspondence will be entered into.
Whilst any controversy or claim arising out of or relating in any manner to this agreement shall be governed by and construed in all respects in accordance with the laws of The Republic of Bolivia, we reserve the right to institute or enforce proceedings in any other court which has jurisdiction.
14. ACCURACY of INFORMATION SUPPLIED
All the information we supply is to the best of our knowledge and belief current and accurate at the time of issue and any amendments to the information will be forwarded to you as soon as we become aware of them. Much of the information is supplied to us by third parties and whilst we make every effort to ensure its validity we will not be liable for damage claims of any nature in the event of such information being inaccurate.
This agreement forms the basis of a legally binding and enforceable contract between you and us, and it is assumed that by submitting an application to join a placement you have read and agree to it. You will be required to sign an agreement acceptance form to this effect soon after your arrival in Bolivia, and you must contact us if you have any queries before submitting your application.
