If you have any questions about the Booking Terms & Conditions please contact our UK Sales & Reservations Office.

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The Adventure Challenge
Before booking with us, take a moment to consider the challenging nature of adventure travel! Trips of this kind often require a substantial amount of
flexibility from you. The itineraries outlined in this brochure must be seen as an indication of our intention, rather than a contractual obligation on our part. Unforeseen local conditions or events may sometimes necessitate changes to the itinerary, accommodation or means of transport. We accept your booking on the understanding that you realise the potential hazards involved with this kind of
trip, including injury or loss / damage to personal property, inconvenience and discomfort. Refunds will not be given for unused services or changes to
itineraries.

The accommodation we use is by no means luxurious- but we think it represents good value. On many of our tours we stay in hostels or on others your evening
might be spent sleeping in a tent or on the ground in a swag. Do not expect the same facilities as a hotel - be prepared to rough it a bit - after all, it’s all part of
the adventure!

Booking Terms & Conditions
All trips in this brochure are operated by Trek America Travel Ltd. (hereinafter called the ‘Company’, ‘we’ or ‘us’), registered office First Choice House, London Road, Crawley, West Sussex, RH10 9GX, a member of the First Choicegroup of companies.

Please read and consider these Booking Conditions carefully. They set out your agreement with the Company inrespect of your trip and contain important information. The Booking Conditions constitute a legally binding contract between you and the Company for the services provided by us and set out the basis of your legal relationship with the Company.

By booking with us and paying the non-refundable deposit, you acknowledge that you have read and understood and that you agree to be legally bound by these Booking Conditions. Acceptance of your booking will be confirmed in writing to you or your travel agent and a contract comes into existence on the date shown on your confirmation letter or email.

If you have any queries regarding these Booking Conditions or do not understand them, please raise a query with a member of our staff.

1) To make a booking you must send us a signed, completed booking form (‘Booking Form’) and a nonrefundable deposit of UK£ 100 /US$175/ Euros150 /AUS$225/CAD$300. We will then invoice you for the remainder of the cost, which you must pay not later than 8 weeks (70 days in Canada) before departure. If you book less than 8 weeks (70 days in Canada) before departure, full payment must be made on booking. The booking is not accepted and no contract shall exist between us until the date shown on the confirmation issued by the Company. Notification of cancellation must be made to the Company in writing and will be effective on receipt.

2) Bookings made direct over the telephone, by email/website, or by credit card more than 8 weeks (70 days in Canada) before departure will not be deemed accepted
until we have received a signed Booking Form in our office and we have issued a confirmation. If a signed Booking Form is not received within 10 days of the direct booking being made, the booking will be cancelled, the deposit will be forfeit and the place will be released for resale. Direct bookings made less than 8 weeks (70 days in Canada) before departure (i.e. when full payment is due on booking) will be subject to the cancellation conditions in clause 5 below regardless of whether a Booking Form has been received in our office.

3) If you cancel your booking more than 8 weeks (70 days in Canada) before departure you may transfer your deposit and travel insurance to another trip in our current programme (provided you are not already booked on it) on payment of a transfer fee of UK£40/ Euro60/ US$60/ AUS$90/ CAD$150, subject to you notifying us in writing within two weeks of your cancellation, telling us which trip you wish to transfer to and paying the transfer fee. If the trip you transfer to is more expensive than the one you originally booked, a further deposit will also be payable. If you subsequently cancel the trip to which you have transferred, we will retain your full original deposit and transfer fee.

4) Reservations for pre and post tour accommodation must be made at least one month before the departure date of the tour. If you cancel your trip, these vouchers are nonrefundable.

5) If you cancel your booking after you have paid in full, the following cancellation charges will be made:

between 43 and 56 days before departure: ........40% of the trip cost
between 29 and 42 days before departure: ........60% of the trip cost
between 15 and 28 days before departure: ........ 80% of the trip cost
14 days or less before departure (or fail to join the trip): .......100% of the trip cost

(in Canada if you cancel between 70 and 57 days before departure: ........Loss of deposit only)

These dates refer to the date we receive written notification of your cancellation. We strongly advise you to take out insurance against irrecoverable cancellation costs. No refunds will be made if you leave a trip for any reason after the trip has begun.

6) If you are prevented from travelling you may transfer your booking to another person provided they meet all the requirements relating to that trip. A transfer fee of
US$60/ UK£40/ Euro60/ AUS$90/ CAD$150 will be payable, or US$120/ UK£80/ Euro120/ AUS$180/ CAD$200, if the transfer is less than four weeks before departure. Additional costs such as airline tickets and permit fees may also be payable. Should you transfer your booking to another person, you will both be jointly and severally liable for payment of the trip price and other associated expenses.

7) If you do not pay the balance of your trip cost within 8 weeks (70 days in Canada) of departure your booking will be terminated and you will lose your deposit.

8) We will let you know as soon as we can if we are forced to significantly alter or cancel your trip. In these circumstances you can choose one of the following options:

a) accept our offer of a replacement trip of lower quality (if available) and we will refund the difference in cost; or

b) accept our offer of a replacement trip of equivalent or higher quality (if available); or

c) ask us for a refund of the money you have paid.

Your decision about which alternative you accept must be made as soon as possible after we notify you. We will inform you at least 8 weeks prior to departure if
there is an alteration or cancellation because there are insufficient numbers to run the trip.

To the fullest extent permitted by law, we will not be liable to you under any circumstances whatsoever for any claims made by you for any additional costs incurred by you. We strongly advise you not to incur any non-refundable incidental expenses, e.g. for visas or flights, before we confirm your tour (8 weeks before departure). This is because scheduled airlines regularly vary their timetables and in some cases, we may need to cancel your departure due to insufficient numbers.

9) Before booking and not less than 30 days prior to departure the prices featured may change. We reserve the right to impose surcharges once you have booked but no surcharges will be imposed within 30 days of departure and any downward revision in the price will be refunded to you. Surcharges will only be imposed for variations in:

a) transport costs, including the cost of fuel;

b) dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports; or

c) the exchange rates applied to the booking.

Price increases and surcharges will be calculated according to the full extra cost compared to the costs obtained when this brochure was produced and using an exchange rate of [£1=AUS$2.4]. In any event we shall absorb the first 2% of any such surcharge. Any increase to the price that exceeds 10% of the total trip cost will entitle you to the options outlined in clause 8 above.

10) A general indication is provided in this brochure of the itinerary for each trip, the type of accommodation used, what is included in the price, passport and visa requirements, and health formalities. Changes in all of these items may be made at any time.

11) Any information or advice provided by the Company on matters such as permits, visas, vaccinations, climate, clothing, baggage, special equipment, etc. is given without responsibility on the part of the Company, and the passenger accepts full responsibility for obtaining any necessary visas and travel documents required for the trip.

12) If any significant changes to the trip have to be made before departure, we undertake to inform you, and you are entitled to the options detailed in clause 8 above. A ‘significant change’ is a change of more than 24 hours (12 hours for trips of 10 days’ duration or less) in departure or return timings or other such change to itinerary and services that would reasonably be considered significant.

13) The Company operates trips in regions where standards of accommodation, transport, safety, hygiene, medical facilities and other infrastructure may, at times, be lower than those you would normally expect. Please bear this in mind when making your booking.

Participation in all trips involves inherent risks that may not be present in the case of conventional or less demanding holidays. These risks include the possibility of injury or death, being a victim of criminal activity, psychological trauma, disease, loss or damage to property, inconvenience and discomfort, lack of access to suitable health care, kidnapping, terrorism, war or civil unrest, and food and beverage contamination. The possibility of experiencing all or some of these risks is likely to be higher if participation in a trip involves visiting remote or unstable regions, or regions where there is dangerous wildlife.

By booking with us you acknowledge that you are aware of and have carefully considered the inherent risks and dangers associated with, or that may arise from your participation in the trip. To the fullest extent permitted by law, by booking with us you also voluntarily agree to assume all risks that are in any way associated with the trip and any related injury, death or property damage or loss.

When assessing whether trips will operate the Company uses information from its local offices in conjunction with advice from the Australian Department of Foreign Affairs and Trade, the British Foreign Office, and the US Department of State. It is your responsibility to acquaint yourself with the travel advice provided by these government bodies before commencing the trip and wherever practicable, to check all new or amended travel advice which may be provided during your trip. The Company recommends that you comply with all relevant recommendations contained in any such travel advice. Non-compliance with any such recommendations will be at your own risk. By booking with us you acknowledge your decision to travel on a trip is made after due consideration of relevant travel information that may be made available at any time.

14) The whole philosophy of this type of travel is one that allows alternatives and a substantial degree of on-trip flexibility. The outline itineraries given for each trip must
therefore be taken as an indication of what each group should accomplish, and not as a contractual obligation on the part of the Company. Changes in itinerary may be caused by local political conditions, flight cancellations, mechanical breakdown, weather, border restrictions, sickness, or other unforeseeable circumstances. No
refunds will be given for services not utilised. It is a fundamental condition of joining any of the trips described in this brochure that you accept this flexibility, and acknowledge that delays and alterations and their results, such as inconvenience, discomfort, or disappointment, are possible. If we are unable to complete the proposed itinerary owing to the reasons stated above, we will either transport you to the end point of the itinerary, or return you to the starting point, or provide an agreed alternative itinerary. If a passenger is unable, or does not choose, to complete an itinerary outlined for a trip, the Company is not liable to supply alternative itineraries, excursions, accommodations, services or staff for the period when that person is not present with the group.

15) Except where stated otherwise, the Company acts as agent for service providers when making arrangements for your trip.

Where the Company provides services it will do so with due care and skill. We are not responsible for the acts and omissions of others, including tour guides, airlines and accommodation providers or for any loss, damage or expense (including loss of money paid in advance) which you may incur as a consequence of the acts and omissions of others.

You warrant that you have not relied on any representation, statement or warranty made by us which has not been stated expressly in this brochure.

We will not accept responsibility or liability if you contravene any law or regulation of any country or region visited. Any independent arrangements that you make that are not part of the trip are entirely at your own risk and we cannot and do not give you any assurance, representation or warranty in connection with any such arrangements.

To the fullest extent permitted by law and subject to the exception set out in clause 16, the Company does not accept liability for any loss or damage, however caused
(including through negligence), which you may directly or indirectly suffer in connection with or arising from this contract or your participation in a trip, or in respect of a failure or omission on the part of the Company to comply with its obligations under this contract, or in respect of any other conduct that the Company undertakes in connection with a trip. To the fullest extent permitted by law and subject to the exception set out below, you also agree to release the Company and its officers, employees, agents and representatives (“Representatives”) from all costs, liability, loss and damage incurred by you in connection with your participation in any trip, and waive any associated claims that you may have against the Company or its Representatives as a result of your participation in any trip. For these purposes, the Company enters into these Booking Conditions as trustee or agent for its Representatives.

To the fullest extent permitted by law and subject to the exception set out in clause 16, any condition or warranty which would otherwise be implied into these Booking Conditions is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability
under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.

16) Clause 15 and any other provision of these Booking Conditions do not attempt or purport to exclude, restrict or modify liability arising under, or remedies that may be available to you, pursuant to legislation where the exclusion, restriction or modification of liability or remedies is not permitted. This includes legislation in part of the Trade Practices Act 1974 (Cth), and any state or territory Fair Trading Act (or its equivalent), or where applicable, The Package Travel, Package Holidays and Package Tours Regulations 1992 (UK).

17) On an active group trip if you participate in the activities it is necessary that you abide by the authority of the leader, who represents the Company. At all times the decision of the leader will be final on all matters likely to affect the safety and well-being of the trip. This includes any decision that the leader makes about your on-going participation in the trip or certain activities that comprise part of the trip.
Signing our Booking Form signifies your agreement to this, and if you commit any illegal act when on the trip or if in the opinion of the leader your behaviour is causing or likely tocause danger, distress or annoyance to others we may terminate your travel arrangements without any liability on our part (including any right of refund).

18) Before you come on the trip you must be covered by insurance, which must be effective from the date of departure (or earlier) and cover accidents, injury, illness, death, loss of baggage and personal effects, medical expenses (including any related to pre-existing medical conditions), emergency repatriation (including helicopter rescue and air ambulance), and personal liability, and be suitable for the type of trip you are taking and the regions that will be visited. You are also strongly advised to ensure that you have sufficient insurance in respect of dependent
relatives.

You should carefully read the relevant terms and conditions of any insurance policy (including any exclusions) before you take the policy out to ensure that the cover offered is suitable. You must carry proof of insurance with you and produce it if reasonably requested by the Company’s employees and suppliers. We reserve the right to cancel or suspend your participation in a trip, or your participation in certain activities that comprise part of a trip at any time, including after the commencement of your trip, with no right of refund, if you are unable to provide proof of insurance when requested.

We have an insurance scheme specifically designed for this kind of travel, and we strongly recommend you to use it. Any claims concerning matters for which you are insured must be directed to your insurers.

19) If you have any complaint about the trip, you must make it known at the earliest opportunity to the leader and/or our local representative, who will normally be able to take appropriate action. If you are not satisfied with their response and you feel your enjoyment of the trip is likely to be significantly affected, you should notify our head
operations office in Sydney on phone number 0411 603 886 and we will do our best to resolve the problem. If at the end of the trip, you feel your complaint has not been properly dealt with, you must notify us of your complaint in writing within 30 days after your trip’s completion.

20) Passengers travelling on vehicles owned by the company are covered by passenger liability insurance up to a maximum of £3 million per group per incident, and by completing our Booking Form you acknowledge that the Company has taken all reasonable steps to safeguard its liability in this respect.

21) Trek America Travel Ltd is a bonded trip operator licensed by the CAA, ATOL no. 6576. In the unlikely event of our insolvency, the CAA will ensure that you are not
stranded abroad and will arrange to refund any money you have paid to us for advance booking. Please note that ATOL bonding only applies to bookings made within the UK that include international flights from the UK. For further information visit the ATOL website at www.atol.org.uk .

22) Bookings cannot be accepted from persons under the age of eighteen years at the date of the departure unless prior written consent is granted by the Company to the applicant for inclusion on the trip. The Company reserves the right to refuse an application made by a minor without the written consent of a parent or legal guardian having first been obtained, and the Company further reserves the right to refuse bookings from minors solely on account of their age.

23) We expect you to be in good mental and physical health at the time you book your trip, and by booking with us, you acknowledge and warrant that you are. We strongly
recommend a visit to your doctor before your trip. You must ask your doctor about current inoculation requirements for the type of regions that you will be visiting.

If you are affected by any condition, medical or otherwise, that might affect your or other people’s enjoyment of the trip, you must advise us of this at the time of booking. We reserve the right, at our discretion, to cancel your booking and refund the money paid by you, less any unrecoverable costs, if we are not satisfied that you are in good mental and physical health before you depart on the trip.

We also reserve the right to cancel your participation in a trip at any time, including after the commencement of your trip, with no right of refund if your medical condition could be reasonably expected to affect the normal conduct of the trip, or the enjoyment of other trip members.

24) Any likeness or image of you secured or taken on any of our trips may be used by the company without charge in all media (whether now existing or in the future invented) for bona fide promotional or marketing purposes, including promotional materials of any kind, such as brochures, slides, video shows and the internet.

25) To ensure that your holiday runs smoothly, we need to use information such as your name and address, special needs, dietary requirements etc. We will apply appropriate security measures to protect this data. However, we must pass it to suppliers of your travel arrangements including airlines, hotels and transport companies. We may also supply it to security or credit checking companies, and to
public authorities such as customs and immigration. If your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strict as in the UK. We will only pass data, including sensitive information regarding disabilities or dietary and religious requirements, to people responsible for your holiday arrangements. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot provide your booking. When you make this booking, you consent to this information being passed to the relevant
people. We can supply a copy of your information held by us; there is a small charge for providing this.

Trek America Travel Limited, trading as TrekAmerica, Footloose & OzXposure is part of the First Choice Holidays PLC Group of companies. We may wish to contact you to get your feedback or to provide details of other products and offers from Trek America Travel Limited and our sister companies. If you would prefer not to be contacted, please write to:

Data Management Officer, Trek America Travel Limited, Grange Mills, Weir Road, LONDON, SW12 0NE or e-mail us at contact@trekamerica.co.uk.

26) The Booking Conditions may only be waived or amended by written mutual consent. When you complete the Booking Form you agree to accept all these conditions, and when we accept your booking we agree to carry out our obligations to you as defined in this brochure and other information provided to you. This contract and all matters arising from it are governed by and must be construed in
accordance with the law in New South Wales, Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales and any courts which have jurisdiction to hear appeals from those courts, and waives any right to object to any proceedings being brought in those courts.

27) A reference in these Booking Conditions to ‘includes’ or ‘including’ means includes or including without limitation.

28) If any provision of these Booking Conditions is invalid or unenforceable in any relevant jurisdiction, it is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable and shall otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the enforceability of the other provisions of these Booking Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.

Trek America Travel Ltd.,
Grange Mills, Weir Road, London, SW12 0NE, UK
Tel: (44) 0870 444 8735
Fax: (44) 0870 444 8728
E-mail: info@trekamerica.co.uk

Date of publication: August 2007

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