Term and Conditions
TERMS AND CONDITIONS
PARTICIPANT STATEMENT OF UNDERSTANDING
MARCH OF THE LIVING UK 2022 POLAND TRIP PERMISSION AGREEMENT
(the “Waiver and Agreement” or “Agreement”)
- THESE TERMS AND CONDITIONS ARE IMPORTANT.
Please read these terms and conditions of this Agreement carefully; they impose legal obligations on you and on us and establish our legal relationship. If you do not agree to be legally bound by these Terms and Conditions, you cannot participate in the Trip. By the terms “you”, and “your” we refer to Applicants to and Participants in the Trip. The terms “we” and “us” refer to March of the Living UK. March of the Living International is the third-party service provider. The term “Trip” refers to the proposed days of March of the Living UK trip to Poland from 24th – 29th April 2022 or any days within.
- YOUR CONSENT :
In order for your application to be accepted, you will be required to signify your consent to be legally bound by these terms and conditions by clicking a designated “I Accept” button on our registration page. March of the Living UK will review your Application Form upon receipt of your Deposit and will confirm by email your acceptance onto the Trip. For the avoidance of doubt, you will only have secured your place on the Trip on receipt of this acceptance email.
- YOUR ACKNOWLEDGEMENTS:
March of the Living UK provides funding for Students and Young Adults towards the cost of the Trip as explained in points 8.1 and 8.2. Adult Participants are expected to pay the full cost of the Trip as explained in point 8.3. The Trip includes an educational tour of Poland, the cost of the roundtrip airfare to and from Poland from designated cities, site entrance fees, transport, 3-meals a day and accommodation in Poland. The itinerary is subject to all reasonable changes.
For all Participants you hereby acknowledge and agree to the following:
4.1 Loss or Damage Due to Airlines, Services or Facilities.
March of the Living UK shall not be liable or responsible for any loss or damage which you may sustain to your person or property, or for any loss or damage by reason of any delay, modification, curtailment or arrangement pertaining to the flights; and the services or facilities to be provided by March of the Living UK in connection with your participation on the Trip and/or any extension thereof. It is understood and agreed that March of the Living UK assume no responsibility whatsoever and shall not be held responsible for the operation and management of any of the airlines, hotels, transport, services or facilities which may be employed in connection with the Trip and/or any extension thereof or for any damage or claim arising therefrom or in connection therewith.
4.2 Travel insurance
It is essential that Participant purchase appropriate travel insurance including medical insurance in connection with the Trip. By signing this Agreement, you are also signing that you have taken out full travel insurance including physical and mental health insurance. It is imperative that this insurance covers medical treatment, cancellation and quarantine cover due to Covid 19. This travel insurance should also cover flight delays and cancellation as well as personal property theft, loss and/or damage. March of the Living UK may ask for proof of this insurance prior to the Trip.
It is the responsibility of each Participant to check that they have received their flight ticket, that their name is spelt correctly on their flight ticket and that they board the flight on time. Failure to do this and if subsequently the Participant is unable to fly, the Participant will be responsible for organising a new flight and transportation to meet up with the group. This is also the case if the Participant is unable to fly for whatever reason. The Participant will be responsible for all associated costs in this regard. For the avoidance of doubt, there will be no refund for parts of the trip that are missed and if the Participant is unable to get an alternative flight then the missed departure will be treated as a cancellation [see point 9, below]. Similarly, if the Participant misses their inbound flight it is the responsibility of the Participant to arrange a new inbound flight at their own expense. Failure to board your outbound flight will automatically cancel your inbound flight. It will therefore be the responsibility of the Participant to book and pay for an appropriate new inbound flight in consultation with March of the Living UK staff.
4.4 It is the responsibility of each Participant to complete all necessary forms and testing requirements, in line with government guidelines in both their country of origin and return and Poland. This includes having the appropriate vaccination travel certificate that is accepted by the airline they are flying with and by the Polish government. The cost of all necessary tests will be at the expense of the Participant. Failure to do this and if subsequently the Participant is unable to fly or enter Poland, the Participant will be responsible for organising a new flight, any additional accommodation and transportation to meet up with the group. For the avoidance of doubt, there will be no refund for parts of the trip that are missed and if the Participant is unable to get an alternative flight or enter Poland then the missed departure will be treated as a cancellation [see point 9, below].
4.5 Extension of Your Stay
Furthermore, and without derogating from the above, you understand that should you decide to extend your ticket and remain in Poland longer, the decision to do so is yours, and the said extension is in no way part of the programme for which any funding or assistance was provided by March of the Living UK.
4.6 Revocation of Trip Participation
Notwithstanding the fact that your application to join the Trip has been accepted by March of the Living UK, if March of the Living UK subsequently determines that:
(i) you have not fulfilled the eligibility criteria for the Trip (see Section 11),
(ii) March of the Living UK cannot reasonably accommodate your needs on the Trip, or
(iii) you are not otherwise an appropriate candidate for the Trip, March of the Living UK, in its sole discretion, may at any time cancel its acceptance of your application and thus your participation on the Trip.
- YOUR HEALTH- MEDICAL CONDITIONS:
5.1 You agree that if you have any medical concerns that you have consulted a physician of your own choice and have been advised by the said physician that you are in good health. This means that you do not suffer from any physical or mental condition, ailment or disability which requires any medical or surgical care or treatment which would make your travel and/or participation on the Trip hazardous, unwise, unwarranted or a potential source of danger to you or to others who may travel with you or otherwise participate on the Trip. There are no facilities available within the framework of March of the Living UK for the treatment of any psychological or mental health conditions. If medication is required while under the auspices of the programme, it is advisable that Participants travel with a written prescription for each medication. Since medication is often not available under the same trade name as in the country of origin, the full pharmacological name of all medicines and drugs should be supplied. In any event, Participants should bring an extra supply of the required medicine with them and it is recommended that all medication is carried in hand luggage where possible.
5.2 Health Insurance.
You agree that you have appropriate personal medical insurance coverage, which makes payments to medical care providers directly, which shall be valid in Poland throughout the period covered by the Trip as well as during your flights. In some instances, healthcare facilities expect upfront payment. You understand that you are responsible for all such payments, whether upfront or otherwise, and you have been advised that you should always have access to money in case of a medical emergency. It is imperative that your insurance offers coverage including but not limited to medical treatment, both outpatient and inpatient, medications, procedures, physician visits, hospitalization/room & board, emergency local ambulance, durable medical equipment, urgent care clinic, walk-in clinic, mortal remains return and quarantine cover due to Covid-19 including the cost of hotel stay and the purchase of new flights, should they be needed. You will need to provide proof of this insurance to March of the Living UK no later than 30 days before the Trip Start Date. If you do not purchase the required health insurance, you will not be permitted to participate in the Program and the cancellation and refund policy outlined in section 9 will apply.
5.3 Permission for Treatment.
In case of medical or surgical emergency, you hereby give permission for March of the Living UK to contact your Emergency Contact to make all medical decisions. If the Emergency Contact is not available then you give permission to the physician selected by March of the Living UK to hospitalise you, secure proper treatment for you, and to order injection, anaesthetic, or surgery for you. You further give permission for March of the Living UK to inform your next of kin/emergency contact as defined in your Application Form with any concerns they may have about your physical or mental well-being.
5.4 Covid -19 Vaccination and Testing
In order to participate on the Trip you will need to have had at least two doses of the Covid 19 Vaccination at least 14 days prior to the trip commencing. You also acknowledge that if the requirements for entry into Poland change or the UK and/or Polish government guidelines change which may require you to have had a third dose of the Covid 19 Vaccination then you will need to have had your third dose 14 days prior to the trip commencing. You will also be required to comply with all Government Testing requirements for Travel. Alongside this you will be required to comply with any additional testing requirements set out by March of the Living UK. March of the Living UK reserve the right to see proof of the required Vaccination prior to the start of the programme. Failure to comply with the vaccination and testing requirements will result in the cancelation of your registration to participate in the Trip and the cancellation and refund policy outlined in section 9 will apply.
- Other Safety Requirements
You agree to comply with all other COVID-19 health laws and regulations, including but not limited to vaccination, masking, social distancing and quarantine requirements, whether imposed by March of the Living UK, March of the Living International, the Polish government, airlines, charter bus companies, hotels, restaurants, historical sites and other business or government entities included in the Trip itinerary. Any failure by you to uphold any of the laws, regulations or policies governing the Trip will result in your immediate disqualification from the Trip without any refund. You will be required to arrange for your immediate return home at your own cost and expense. March of the Living UK reserve the right to establish and strictly enforce these, and any additional policies they see fit, applicable to participants that ensures compliance with all relevant legal and business requirements and policies, that enables a seamless traveling experience for all participants and that provides for the safety and wellness of all participants.
5.6 March of the Living UK will not be held responsible for any consequences associated with the Covid-19 Pandemic. Participants taking part in the Trip recognise the possibility of transmission and contagion at a time when the Covid-19 virus (and possible mutations) is recognised as an international pandemic with severe impact and multiple risks.
5.7 If a Participant is unable to participate on the Trip due to any reason related to the Covid-19 Pandemic, they will be considered to have cancelled their place and the cancellation and refund policy outlined in section 9 will apply.
5.8 If a Participant becomes infected and is in need of isolation/quarantine this will be the responsibility of the Participant to arrange. March of the Living UK can take no responsibility for arranging the isolation/quarantine and any costs associated with this. If a Participant has to isolate/quarantine they will be considered removed from the Trip. Unfortunately, a Participant leaving (or being required to leave) the Trip at any point will be considered to have cancelled their place and the Cancellation Policy will apply i.e. no guaranteed refund. The Participant needs to ensure their travel insurance covers them for this eventuality.
You understand that you are solely responsible for providing March of the Living UK with all your relevant dietary considerations through the application form. You understand that March of the Living UK will make a good faith effort to ensure that food is available on the Trip that is consistent with any special dietary considerations you have specified but that you are nonetheless solely responsible for food that you consume. Further, you understand that neither March of the Living UK nor March of the Living International can guarantee an environment accommodating you if you have an airborne food allergy.
- CODE OF CONDUCT:
6.1 Loss of Trip Privileges.
You may be immediately removed from the Trip for any reason, including:
(a) having provided incorrect or false information regarding any portion of your application, including but without limitation medical information;
(b) failure to participate in any portion of the Trip;
(c) the staff and volunteers feel that you are unfit to participate;
(d) use or possession of illegal drugs;
(e) becoming inebriated to a degree that impedes participation in an activity;
(f) acts of violence or vandalism;
(g) failure to disclose, or disclosure of inaccurate, medical information;
(h) drunk or disorderly conduct
(i) acts of harassment or anti-social behaviour;
(j) failure to comply with any rules or regulations imposed by March of the Living UK or their employees and volunteer staff, including, but not limited to, all terms and conditions of this Agreement.
6.2 Enforcement of Code of Conduct.
The decision to remove you from the Trip shall be at the sole discretion of March of the Living UK, and March of the Living UK is not obligated to give you any “second chances” or prior warnings concerning your misconduct.
6.3 Effect of Removal from Trip and Your Responsibility for Expenses.
You acknowledge that if you are removed from the Trip, you will be responsible for all expenses you incur from the date of removal, including accommodation and the cost of your new inbound flight. March of the Living UK reserves the right to determine the date and time of your inbound flight. Should you not embark on the inbound flight March of the Living UK has booked for you then the return portion of your flight will be deemed forfeited and you will be responsible for purchasing your own ticket home at your expense. Furthermore, you will be responsible for fully indemnifying March of the Living UK for any expenses they have incurred as a result of you having committed any of the acts or omissions for which you have been removed from the Trip. If you are removed from the trip you will need to pay March of the Living UK, the amount of money you received as a subsidy for the trip. This is referring to the subsidy that all Students and Young Adults receive. If March of the Living UK discover you have provided false or misleading information or withheld information regarding your eligibility or non-eligibility to receive funding from March of the Living UK, you will be responsible to pay back the subsidy. For reference the subsidy for a Student is £1250 and for a Young Adult it is £1100.
6.4 Damage to Property
If you cause any damage to property that does not belong to you, including accommodation, transport, other people’s property and all sites visited, you will be fully responsible to pay all associated costs for repair or replacement.
- PROTECTIONS OF PERSONAL INFORMATION; YOU AGREE AS FOLLOWS:
7.1 Trip Experiences.
For convenience, the term “Trip Experience Information” shall mean, with respect to the Trip and associated experiences:
(i) your name
(ii) your contact details including postal address, email and telephone numbers
(iii) thank-you notes and letters from you
(iv) testimonials or other statements from you regarding your Trip experience
(v) photographs and video that may contain your image, which have been taken from the Trip, whether taken by you, another Trip Participant, a March of the Living UK staff member or volunteer, including any official photographers and/or videographers; and
(vi) other information you wish to provide to us.
7.2 Permission to March of the Living UK.
You hereby give March of the Living UK permission to copy, modify, adapt, distribute, publish, display, exhibit and otherwise use, either in whole or in part, without compensation, your Trip Experience Information, including on the March of the Living UK website, (currently located at http://www.marchoftheliving.org.uk), on pages of a March of the Living UK supporter’s website and in educational, advertising, marketing, fundraising and promotional materials prepared for or on behalf of March of the Living UK, including in the Press and on social media. You understand that this permission is perpetual in time and that it encompasses, without limitation, permission under any copyright or right of publicity or privacy that you may have in your Trip Experience Information. You understand and agree that the Trip Experience Information may or may not contain attributions specifically identifying you. In addition, you understand and agree that Trip Experience Information may be obtained through letters, forms, surveys, email correspondence, and your participation in social networking sites, forums and other relevant media sources. March of the Living UK will have the right to modify, reproduce, display or otherwise disseminate the Trip Experience Information, in whole or in part, provided that any modifications or alterations made to Trip Experience Information do not significantly alter or misrepresent the original content.
7.3 No Address Disclosed.
March of the Living UK website and promotional materials in which your Trip Experience Information may appear will not include your contact information, and your contact information will not be disclosed to third parties in the course of preparing your Trip Experience Information for posting or publishing.
7.4 Photos and Film Footage.
You understand and agree that any photos or film footage taken by you on the Trip are solely for your personal enjoyment and may not be distributed for commercial purposes or for any purpose from which you may derive a financial benefit.
7.5 Medical and Personal Information.
All Applicants’ medical and other personal information will be shared with March of the Living UK Staff and Volunteers who are involved in running the Trip.
8.1 Payment – Student.
A £200 deposit is required to secure your place. The deposit is only refundable before 7th January 2022 minus a £100 admin fee. From 7th January the deposit is no longer refundable. A further £249 for the cost of the trip is required to fully process your application and is due by 28th February 2022. No monies will be refunded for cancellations made on or after 28th February 2022. Please note the remaining cost of the Trip (£1250) is awarded to you as a generous subsidy.
8.2 Payment – Young Adult.
A £200 deposit is required to secure your place. The deposit is only refundable before 7th January 2022 minus a £100 admin fee. From 7th January the deposit is no longer refundable. A further £399 for the cost of the trip is required to fully process your application and is due by 28th February 2022. No monies will be refunded for cancellations made on or after 28th February 2022. Please note the remaining cost of the Trip (£1100) is awarded to you as a generous subsidy.
8.3 Payment – Adult.
A £350 deposit is required to secure your place. The deposit is only refundable before 7th January 2022 minus a £100 admin fee. From 7th January the deposit is no longer refundable. A further £1149 for the cost of the trip is required to fully process your application and is due by 28th February 2022. No monies will be refunded for cancellations made on or after 28th February 2022.
If a Participant wishes to cancel their place on March of the Living UK they must do so by email to Lucy Prevezer at email@example.com.
9.1 If the Participant cancels prior to 7th January 2022 they will receive a full refund for any monies paid minus £100 admin fee.
9.2 If the Participant cancels on or after 7th January 2022 but before 28th February 2022 they will receive a refund of any monies paid minus the deposit; £200 for Students and Young Adults; £350 for Adults.
9.3 If the Participant cancels on or after 28th February 2022 or they are a no-show at the airport they will receive no refund and will be liable to pay March of the Living UK the full cost of the subsidy they were receiving. Under extenuating circumstances, March of the Living UK will at its sole discretion waive this clause. If the participant can show proof of a positive Covid-19 PCR test then they will not be liable to pay back the subsidy.
9.4 If March of the Living UK cancels or curtails the Trip, due to government restrictions in regard to Covid-19, before the 15th February 2022 then a refund will be given of any monies paid minus £100.
9.5 If March of the Living UK cancels or curtails the Trip, due to government restrictions in regard to Covid-19, after the 15th February 2022 but before 15th March 2022 then a refund will be given of any monies paid minus £200.
9.6 If March of the Living UK cancels or curtails the Trip, due to government restrictions in regard to Covid-19, on or after the 15th March 2022, the following provisions will apply, depending on the nature of the cancellation:
a) If March of the Living UK cancels the whole or any part of any programme at any point on or after the 15th March 2022, for any reason related to the Covid-19 Pandemic, no refunds can be guaranteed. Covid-19 cancellation may be as a result of the following non-exhaustive list: national lockdown; travel restrictions; UK or Poland’s Covid-19 regulations or interventions, third party suppliers, staff, and other third parties (whether unilateral or otherwise); infection, isolation and/or quarantine (irrespective of symptoms); shielding; track and trace; medical treatment; affected Staff, Educators and Bus Leaders.
b) Any possible refund will be entirely dependent and determined by the extent to which March of the Living UK can recover costs already incurred. Irrecoverable costs may include (but are not limited to) advance payments to airlines, hotels and coach companies. March of the Living UK will take all reasonable measures to recover such costs, and therefore to maximise the amount of possible refunds. However, you should note that if March of the Living UK is not able to recover any costs related to the Trip, it will not be able to offer any refunds.
c) If March of the Living UK curtails any part of any programme after it has begun or amends the programme in any way at this point, for any reason, no refund can be guaranteed.
9.7 In the case no refund can be given, the participants will need to rely on their travel insurance to try and recover any losses.
- VALID PASSPORT:
You certify that your passport is valid for at least 6 months from your last day in Poland. If you realise, after the cancellation deadline that this is not the case, March of the Living UK may cancel your trip, without refunding your monies, if you cannot obtain a new passport in a period of time stipulated by March of the Living UK before the Trip.
- ELIGIBILITY CRITERIA:
11.1 Age Requirements.
You certify that you will be at least 18 years of age at the time of the Trip. Any Applicant under the age of 18 will be dealt with on a case by case application and will need a Parent/Guardian to sign these terms and conditions on their behalf.
11.2 For the Student payment options you must be under the age of 22, at the time of the Trip, or registered in an educational institution as a Student and age 35 or under.
11.3 For the Young Adult Rate you must be age 35 or under, at the time of the Trip.
11.4 An adult is classed as anyone over the age of 35.
11.5 March of the Living is an intense and demanding physical and emotional experience. March of the Living UK Participants will join a bus with other UK Participants. If you had not specified which group you should be allocated to, then we will allocate you to a group that most fits your demographic. Participants who are coming on a Student or Young Adult subsidiary will be required to share a room. If you require a single room, subject to availability, you will need to pay an additional charge. The group will eat, travel, and participate in activities together for the entire duration of the Trip. As you would expect of a trip of this nature, it can be emotionally draining. The days begin early and will go on well into the evening and include long periods of time standing up and walking, and at times on uneven terrain. You will be required to participate in all programming and will spend several hours on bus journeys. You will be required to be able to keep to timings and follow basic instructions such as meeting times and points. If you have a pre-existing medical condition you may be required to provide proof from your doctor that you can medically cope with the Trip. March of the Living UK are willing to make reasonable adjustments to ensure that Applicants can participate. You must contact March of the Living UK prior to applying to discuss any adjustments or concerns related to your physical mobility, mental health or any other disability, incapacity or medical issue that could affect your participation in the Trip. Failure to discuss these conditions with March of the Living UK staff in advance of the Trip may result in your dismissal from the Trip.
11.6 All Participants must attend a pre-trip seminar – date to be confirmed –and a post-trip seminar which will be confirmed after the Trip.
11.7 Each Participant certifies that they are fully aware of the social environment and activity levels inherent in participating in this programme and believe that they are physically and mentally capable of handling the intensity of this programme.
13.1 You agree that March of the Living UK, March of the Living International and/or their representatives shall have no liability for any damages, injuries and/or costs you may incur for any reason, except as otherwise provided by this Agreement. You and all other persons and entities who could in any way represent you or act on your behalf, expressly and unconditionally release, forever discharge, covenant not to sue, and agree to indemnify, defend, and hold March of the Living UK, March of the Living International and/or all of their agents, staff, subsidiaries, members, officers, directors, principals, volunteers, donors, grantors, funders, participants, customers, invitees, employees, independent contractors, insurers, facility operators, lessors, land and/or premises owners, successors, assigns, and any and all other persons or entities acting in any capacity on behalf of March of the Living UK, March of the Living International and/or Third Party Beneficiaries as designated by March of the Living UK and March of the Living International (“Released Parties”), free and harmless from any and against all liability, charges, claims, costs and expenses of every kind and nature whatsoever, including reasonable attorney fees, in connection with the acceptance and your participation in the Program. The foregoing release is without reservation of any kind. You agree that the Released Parties act only as independent contractors for various and independent suppliers of services in connection with its programs in making arrangements for accommodation, transport, meals, or any other service, and do not assume any liability whatsoever for any injury, inconvenience, expense, damage or loss of property, death, cancellation, change in itinerary, accident, irregularity or delay due to an act of negligence of, or default of, any hotel, carrier, restaurant, company or person rendering any of the services included in the Program, or by an act of nature. You further agree that the Released Parties are not responsible for any damage or delay due to sickness, pilferage, labor disputes, machinery breakdown, pandemic, quarantine, government restraints, weather or any other causes. No responsibility shall be incurred by the Released Parties for any additional expense, omissions, delays, re-routing or other acts of any government or other authority. This release extends and applies to, and covers and includes, all unknown, unforeseen, unanticipated, and unsuspected injuries, damages, loss and liability, and the consequences thereof, occurring in connection with and/or in any way related to your participation in the Trip at any time after the execution of this Agreement.
You also bear sole responsibility for your baggage throughout the Trip. Moreover, you agree that the Released Parties are not responsible for loss, theft or damage to baggage.
The right is reserved to withdraw any tour listed herein, and/or to make such changes in the Trip as may be found desirable for the convenience, comfort and/or welfare of all participants and the proper carrying out of the Trip, without any penalty to the Released Parties. In certain circumstances, it may be necessary to revise the routing of the itinerary. If due to such circumstances a change becomes necessary in the opinion of the Released Parties hotels substituted shall be of the same quality as those listed in the itinerary. You agree the Released Parties assume no financial liability for any resulting losses, expenses, or inconvenience. No refunds will be made for portions of transport, tours, rooms, or meals, and no credit can be allowed for unused accommodation.
It is agreed and understood by the Participant, that the Released Parties which include but are not limited to March of the Living UK, March of the Living International and any designated Third Party Beneficiaries, shall have full standing to enforce this Policy and that any such enforcement shall be valid in the United Kingdom and the State of New York or in any jurisdiction which may hear a claim brought by Participant.
- Intellectual Property
It is agreed and understood that the International March of the Living, Inc. is the sole owner of the intellectual property and trademark rights to the name and/or logo of March of the Living, and that no use or reproduction of said logo will be made without the expressed written consent of March of the Living International
If any provision of this Agreement shall be found to be unenforceable, then a court making such determination shall have the authority to narrow the provision, which shall be enforceable in its narrowed form. Moreover, each provision is independent and severable from each other, so in the event any portion is found unenforceable and not modified, then the remainder of the Agreement shall remain in full force and effect.