Booking Conditions
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!
TERMS OF BOOKING
All holidays in this brochure are operated for TrekAmerica Travel Ltd trading as OzXposure (hereinafter called the Company' or 'we') a member of the TUI Travel Plc group of companies, registered office, TUI Travel House, Crawley Business Quarter, Fleming Way, Crawley, West Sussex, RH10 9QL.
1) To make a booking you must send us a signed, completed Booking Form and a non-refundable deposit of UKŁ100/Euro150/ US$200/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 or a completed online booking form 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 forfeited 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 holiday in our current programme (provided you are not already booked on it) on payment of a transfer fee of UKŁ40/Euro60/US$80/AUS$90/CAD$150, subject to you notifying us in writing within two weeks of your cancellation, telling us which holiday you wish to transfer to and paying the transfer fee. If the holiday you transfer to is more expensive than the one you originally booked, a further deposit will also be payable. If you subsequently cancel the holiday to which you have transferred, we will retain your full original deposit, any cancellation charges and transfer fee.
4) It is recommended reservations for pre and post tour accommodation are made at least one month before the departure date of the tour. If you cancel your holiday, these vouchers are nonrefundable. If you cancel a hotel reservation that has been confirmed after final payment has been made, and is between 8 weeks and 30 days of departure, then an amendment fee will be charged. These rates are: UKŁ15/Euros20/US$25/AUS$30/CAD$50. If a hotel is cancelled within 30 days of departure then the hotel becomes non refundable.
5) If you cancel your booking after you have paid in full, the following cancellation charges will be made in addition to the deposit:
between 43 and 56 days before departure: ........40% of the holiday cost
between 29 and 42 days before departure: ........60% of the holiday cost
between 15 and 28 days before departure: ........ 80% of the holiday cost
14 days or less before departure (or fail to join the holiday): .......100% of the holiday cost
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.
6) If you are prevented from travelling, you may transfer your booking to another person provided they meet all the requirements relating to that holiday. A transfer fee of UKŁ80/Euro120/US$160/ AUS$180/CAD$300 will be payable, and tour must be paid in full at time of change. 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 holiday 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) If you are prevented from travelling, you may transfer your booking to another person provided they meet all the requirements relating to that holiday. A transfer fee of UKŁ80/Euro120/US$160/ AUS$180/CAD$300 will be payable, and tour must be paid in full at time of change. 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 holiday price and other associated expenses.
a) accept our offer of a replacement holiday of lower quality (if available) and we will refund the difference in cost; or
b) accept our offer of a replacement holiday 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. If appropriate we will also compensate you for the inconvenience unless the alteration or cancellation is because there are insufficient numbers to run the holiday, (minimum of 6 passengers) in which event we shall inform you at least 8 weeks (70 days in Canada) prior to departure, or if the alteration or cancellation has come about because of unavoidable, unusual and unforeseeable circumstances beyond our control. If we cancel your holiday, insurance premiums paid to us will be refunded, except in the case of annual insurance that has already covered a risk. 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 and 70 days before departure in Canada). 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 Ł1=US$1.90. In any event we shall absorb the first 2% of any such surcharge. Any increase to the price that exceeds 10% of the total holiday 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 holiday, 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 in good faith but without responsibility on the part of the Company, and the passenger accepts responsibility for obtaining any necessary visas and travel documents required for the holiday.
12) If any significant changes to the holiday 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 holidays 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) Your booking is accepted on the understanding that you realize the hazards involved in this kind of holiday, including injury, disease, loss or damage to property, inconvenience and discomfort. 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 holiday 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 holidays 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, and pay compensation for the uncompleted part of the itinerary if appropriate. If a passenger is unable, or does not choose, to complete an itinerary outlined for a holiday, the Company is not liable to supply alternative itineraries, excursions, accommodations, services or staff for the period when the client is not present with the group.
15) On an active group holiday if you participate in the activities it is necessary that you abide by the authority of the tour leader, who represents the Company; however, the tour leader is not responsible for any activity which you undertake, because you are in the best position to know your own individual competence with respect to any activity you engage in. 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 tour leader your behavior is causing or likely to cause danger, distress or annoyance to others we may terminate your travel arrangements without any liability on our part. 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.
16) Before you come on the holiday you must be covered by insurance, which must include adequate cover for baggage, medical expenses and the cost of repatriation, should you become too ill to continue, including helicopter rescue and air ambulance. If you join the holiday without adequate insurance you may not be allowed to continue on the holiday, with no right of refund. 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.
17) If you have any complaint about the holiday, you must make it known at the earliest opportunity to the tour 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 holiday is likely to be significantly affected, you should notify our respective local operations office by phone, and we will do our best to resolve the problem. Please refer to your Trek Tips information which you will receive with your booking confirmation for all necessary contact numbers incase of emergency or complaint. If at the end of the holiday, you feel your complaint has not been properly dealt with, we shall try and agree a settlement with you, but you must first notify us of your complaint in writing within a reasonable period of time, normally within but not necessarily limited to 30 days after your tour's completion.
18) In any event, you are strongly advised to insure yourself against any possible risk that may occur and in particular to ensure that you have sufficient insurance in respect of dependent relatives. You are required to carry proof of insurance with you and produce it if reasonably requested by company employees or suppliers. Passengers travelling on vehicles owned by the Company are covered by passenger liability insurance up to a maximum of Ł3 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. Except in instances of personal injury or death, where the Company is found to be liable for damages in respect of its failure to carry out the contract, the maximum amount of such damages, compensation and loss of enjoyment will normally, but not necessarily, be limited to three times the basic holiday price shown on the invoice. Where the damages relate to the provision of transport by air, sea or rail, or hotel accommodation, any compensation payable will be further limited by the EU Charter of Passengers Rights, the Warsaw Convention as amended by the Hague Protocol (air), the Athens Convention 1974 (sea), the Berne Convention 1961 (rail), and the Paris Convention 1962 (hotel accommodation), or any such statute or regulation as may from time to time amend or supersede any of the above. Copies of the conditions of carriage and any conventions which may apply are available on request. Any independent arrangements that you make which are not part of the holiday are entirely at your own risk.
19) Our liability in respect of claims involving death or personal injury Where the tour is a package within the meaning of The Package Travel, Package Holidays and Package Tours Regulations 1992, and your claim is brought within the jurisdiction of and under the laws of either England, Wales, Scotland or Northern Ireland the following will apply and sets out our liability (including any limitation as to damages) to you.
We are responsible to you for the proper performance of our obligations under the contract irrespective of whether those obligations are provided directly by us, or by third party service providers engaged by us acting within the proper course of their employment. Subject to the limitation of damages set forth in this Agreement, we are liable to you for any damage caused to you by our failure to perform the contract or by our improper performance of the contract, unless that failure is:
a) attributable to you;
b) attributable to a third party unconnected with the provision of the services and are unforeseeable or unavoidable;
c) due to unusual and unforeseeable circumstances beyond our control and could not have been avoided even if all due care had been taken
d) due to an event which even with all due care we could not foresee or forestall.
20) Any flights forming part of the holiday arrangements are subject to the conditions of the carrying airline, which in most cases limit the airline's liability to the passenger in accordance with International Law and conventions. Copies of the conditions of carriage and any conventions which may apply are available on request.
When you buy an ATOL protected air package or flight from us you will receive a confirmation invoice from us (or via our authorised agent through which you booked) confirming your arrangements and your protection under our Air Travel Organiser's License number 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 an advance booking. For further information visit the ATOL website at www.atol.org.uk.
The price of your holiday includes the amount of Ł1 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices and will be shown separately on your confirmation invoice. ATOL protection does not apply to all holiday and travel services shown in this brochure. Please ask us to confirm what protection may apply to your booking.
The UK government have announced their intention to replace Air Passenger Duty, which is payable by all passengers on flights departing from UK airports with a new Emissions Tax, known as Aviation Duty, with effect from 1st November 2009. At this time we are not aware of the final details of the new Duty, and prices have therefore been calculated as if Air Passenger Duty continues to be in effect. In the event that our costs increase as a result of the change, we reserve the right to adjust the prices shown to reflect those changes in costs.
21) 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 in the tour. 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.
22) 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.
23) Any likeness or image of you secured or taken on any of our holidays 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 without limitation promotional materials of any kind, such as brochures, slides, video shows and the internet.
24) You must carry your proper identification/proof of citizenship for travel. You should consult your consulate for I.D. or visa requirements. It is your sole responsibility to obtain proper identification/ proof of citizenship required by the destination to which you are travelling.
Airlines require all passengers to provide birth date, country of citizenship, form of I.D. that will be used for travel, and emergency contact information. This information must be provided to the Company with initial reservation or by accessing your account on our website. In all cases, this information must be provided to us no later than 14 days prior to departure or you are subject to cancellation without refund. Citizenship documentation requirements and airlinerequired information vary by destination/carrier and are subject to change without notice; the Company assumes no responsibility for such changes or notifying Trip participants of such changes. Passengers who are denied boarding or entry for improper documentation/failure to provide required information will receive no refund. Persons under the age of eighteen travelling to an international destination must carry a notarised letter of consent signed by both parents and/or legal guardian.
25) The Company does not encourage intoxication or condone the use of illegal drugs. If you choose to drink, we urge you to do so responsibly and ask that you remember that the excessive use of alcohol or any use of illegal drugs can result in severely impaired judgment, injury, and/or death. You should also know that the use of illegal drugs can result in imprisonment.
26) 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. TrekAmerica Travel Limited, trading as TrekAmerica, Footloose and OzXposure.
TrekAmerica Groups is part of the TUI Travel PLC Group of companies. We may wish to contact you to get your feedback or to provide details of other products and offers from TrekAmerica 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
27) Your participation in this holiday is an acknowledgement by you that you will act as a mature adult and will be responsible for your own decisions. All tours, but especially those in remote regions, or regions with dangerous wildlife, involve a risk of injury, loss or damage to property, inconvenience and discomfort. By signing this agreement you are acknowledging that you have read and understood this document and agree to assume all risks associated with the tour to the maximum extent permitted by law.
28) LAW AND JURISDICTION - MANDATORY APPLICABLE LAW AND EXCLUSIVE FORUM SELECTION.
If you booked your holiday in any jurisdiction other than in Scotland or Northern Ireland (including any booking via the Internet), this Agreement, and any claim or dispute arising from or related to this Agreement, will be governed by English law and the courts of England and Wales shall have exclusive jurisdiction over any claim arising out of it.
If you booked your holiday in Scotland, this Agreement, and any claim or dispute arising from or related to this Agreement, will be governed by Scottish law and the courts of Scotland shall have exclusive jurisdiction over any claim arising out of it.
If you booked your holiday in Northern Ireland, this Agreement, and any claim or dispute arising from or related to this Agreement, will be governed by Northern Irish law and the courts of Northern Ireland shall have exclusive jurisdiction over any claim arising out of it.
Neither the courts of your country of domicile nor the courts of the country where your holiday is to take place nor any other courts shall have jurisdiction instead of or in addition to the courts of the jurisdiction set out above as appropriate, either England and Wales, Scotland or Northern Ireland.
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@ozxposure.com
Date of publication: August 2008
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