Issue link: http://read.uberflip.com/i/24954
GAp ADVentures | TERMS & CONDITIONS Gap Adventures booking terms and conditions These are the Terms and Conditions that will apply to your booking. please read them carefully as you will be bound by them. These Terms shall constitute the entire agreement between the Company and the Client relating to the subject matter herein, and shall constitute a binding agreement. There is no verbal or written representation, warranty, prior agreement, or description of services, other than as expressed herein. The Contract is with Gap Adventures “the Company”. By booking a trip, you agree to be bound by these Terms and Conditions that govern the relationship, the cancellation policy and limitations of liability. These Terms and Conditions affect your rights and designate the governing law and forum for the resolution of any and all disputes. 1. the contrAct All persons wishing to make a booking have carefully read and understand the Terms and Conditions that follow. By making a booking with the Company or its Agents, you accept on behalf of yourself and all those named on the booking including minors and person under a disability to be bound by these Terms and Conditions. A booking is accepted and becomes definite only from the date when the Company sends a confirmation invoice or email. It is at this point that a Contract between the Company and the Client comes into existence. All person(s) named on the booking are hereafter referred to as the “Client” and references to Client shall be to all those so named. “Carrier” means the owner and/or any charterer and/or manager of the vessel or any other person, to the extent that it acts as a carrier or performing carrier (in accordance with the definition provided in the Athens Convention). “Conditions of Carriage” means the terms on which any transport is provided by a carrier including any carriage by sea, road, rail or air. The carrier’s Conditions of Carriage are available on request and are expressly incorporated into this Contract. The carrier’s and the Company’s liability for death and or personal injury and/or loss of and/or damage to luggage may be limited by international conventions including the Athens, Warsaw or Montreal Conventions. “Contract” means the Contract concluded between the Company and the Client relating to the relevant cruise or package which is evidenced by the issue of the confirmation invoice sent by the Company or its sales agent to the Client. “Independent Trip” means booking anything included in the Independent and Tailor Made brochure. The service to be provided is/are the tour(s) or cruise referred to in the booking confirmation. “package” means a cruise or a tour with or without flights and/or any accommodation of over 24 hours and transportation or other tourist services not ancillary to transport or accommodation and accounting for a significant part of the package. package does not include shore excursions or shuttle services that do not form part of the inclusive package price. It does include independent and tailored trips that meet the above definition. “Shore Excursion” means any excursion, trip or activity ashore that is not included as part of the all-inclusive price of a cruise and is offered for sale by the Company onboard its vessels or after booking and prior to departure. 2. meDicAl form All Clients are obligated to review and acknowledge the Medical Information form, as it relates to their trip. Clients are asked to review the form, and be familiar with it. Any questions in relation to the Clients physical or mental suitability for a trip must be reviewed by their medical practitioner for approval. The Company cannot offer advice of a medical nature. Those Clients with pre-existing medical conditions as defined on the Medical Form, must return a signed form to the Company with final payment as specified in Section 7. All Clients on Expedition travel must return a signed Medical Form to the Company with final payment as specified in Section 7. The Client acknowledges and understands the destinations visited on Expedition travel are remote, isolated, and far removed from medical care facilities. Further, the client understands the honest completion of this form will assist all concerned in an emergency situation. The Client must complete the medical form honestly, accurately and disclose all medical history and information. The Company will review the information submitted, and keep the information in accordance with the published privacy policy. The Company reserves the right to challenge any information submitted, ask for further information or clarity on certain points. In the event there is a dispute between the Company and the Client in regard to the Clients’ physical or mental suitability for a trip, the matter will be referred to a medical professional at the Clients expense. The Company reserves the right to deny any Client on reasonable medical grounds. In the event the Client has made a booking with the Company and subsequently is unable to complete the required medical form for any reason by the final payment schedule specified in Section 7, the Company reserves the right to treat the booking as cancelled, and applicable cancellation fees apply. 3. meDicAl conDitions AnD speciAl reQuirements The Client must notify the Company in writing during the process of booking of any medical conditions, pregnancy, disability or any other mental and or physical condition which may affect fitness to travel and or any medical condition. Failure to notify the Company may result in the Client being refused travel. Failure to notify the Company of any such condition that results in cancellation will have full cancellation fees to the Client. Some trips may be unsuitable for Clients due to age, mobility, disability, pregnancy or physical or mental conditions. It is the Client’s responsibility to check prior to booking. The Company may refuse to carry pregnant women over 24 weeks or Clients with certain conditions. The Company is not required to provide any special facilities unless it has agreed to do so in writing. The Company will do its best to meet Clients’ special requests including dietary, but such requests do not form part of the Contract and therefore the Company is not liable for not providing these requests. Medical facilities vary from country to country and the Company makes no representations and gives no warranties in relation to the standard of such treatment. Traveling with Children: The minimum age for Clients traveling on tours is 12 (for Family designated tours, the minimum age is 5). An adult over the age of 21 must accompany every 2 children under the age of 18. The ratio of adults to children traveling together must be one adult per two children and two adults per four children (17 and under). All enquiries with respect to children are subject to review and approval by the Company that reserves the right to restrict the number of travelers under the age of 18 on tours. If the adult accompanying the child is not the child’s parent or parents are divorced, then a “parental Consent Guardianship Form” must be signed (or other documents provided as requested by the Company) by the parent or legal guardian and received by the Company prior to departure. For more information: http://www.voyage.gc.ca/faq/children-travel_enfants-voyage-eng.asp Traveling with Children on Expedition Trips: The Company is unable to accommodate children under-10 years of age and reserves the right to restrict the number of those under 18 years of age aboard the vessel. An adult over the age of 21 must accompany every two children under the age of 18. The ratio of adults to children traveling together must be one adult per two children and two adults per four children (17 and under). If the adult accompanying a child is not the child’s parent, a “parental Consent Guardianship Form” (or other documents provided as requested by the Company) must be signed by the parent or legal guardian and received by the Company prior to sailing. For more information: http://www.voyage.gc.ca/faq/children-travel_enfants-voyage-eng.asp Inca Trail Requirements: Client Details including full name as it appears in the passport that the Client will be traveling with, passport number, passport expiry date, date of birth and nationality are required to confirm a booking. Any amendments to these details may result in failure to secure an Inca Trail permit. The Company will not be held responsible for any fees levied as a result. 4. currency The Company sells in six global currencies: Great British pound (GBp£), Euro (EUR€), United States Dollar (USD$), Canadian Dollar (CAD$), Australian Dollar (AUD$) and New zealand Dollar (NzD$). The currency applied to the Clients booking will be determined by the booking location of the Client, and the matching currency. The Company reserves the right, however, to apply the currency of their choosing to the booking. 5. Quote fees AnD ADministrAtiVe fees Quotes provided for the Independent and Tailor Made product line are subject to a non-refundable administrative Quote Fee of GBp£15, EUR€25, USD$25, CAD$25, AUD$25, or NzD$25. Should the booking be confirmed, this amount will be deducted off the final payment amount. Some quotes may be exempt from the Quote Fee, and if this is the case, will be outlined at time of quote. The Company also reserves the right to apply other Administrative Fees of GBp£25, EUR€50, USD$50, CAD$50, AUD$50, or NzD$50 at its discretion. 6. Deposits (a) Gap Adventures Trips and Gap Adventures Independent Trips: At time of booking a non-refundable deposit of GBp£100, EUR€250,USD$250, CAD$250, AUD$250, or NzD$250 per person per tour is due. If booking is made 60 days or less prior to departure, full payment is due. The non-refundable deposit and medical form, if applicable, should be sent to the Company or its Agent. Gap Adventures Tailor Made trips may require a higher deposit or full payment at the time of booking. If deposit is different from that outlined in this clause, the requirement will be advised at time of booking and detailed on the invoice. If combinations of Gap Adventures, and Gap Adventures Independent and Tailor Made trips are booked, the most restrictive requirements will apply to the whole booking. (b) Expedition Trips: At time of booking a non-refundable deposit of GBp£400, EUR€500, USD$750, CAD$750, AUD$750, or NzD$750 per person per tour is due. If booking is made 90 days or less prior to departure, full payment is due. The non-refundable deposit and medical form should be sent to the Company or its Agent. (c) lifetime Deposits: Should the Customer cancel their booking, the deposit amount as defined in 6(a) or 6(b) above, will be held as a ‘lifetime Deposit’ with the Company, subject to the full extent of these terms and conditions. This lifetime Deposit has no expiry and may be used as a deposit on one future Company tour. Any specific permit costs above the deposit amount are subject to different terms and conditions as applied by the Company. The lifetime Deposit has no cash value and is not redeemable with any other offer, discount or promotion. Only one lifetime Deposit may be applied per tour. The lifetime Deposit may be transferred or gifted to another Customer and in these cases it is valid on new bookings only. All lifetime Deposits must be applied to a new tour that is of equal or greater value than the cancelled tour. 7. finAl pAyment scheDule/AcceptAnce of booKinG/client DetAils Gap Adventure Trips and Gap Adventure Tailor Made Trips: (a) Final payment: The Company must confirm acceptance of the Client’s booking in writing. please refer to the confirmation invoice and/or confirmation email for details regarding final payment. payment of the balance of the tour price is due 60 days before the departure date of the first service booked. If full payment is not received by the due date, then rates and tour space cannot be guaranteed. by tour, and will be advised during the booking process. (c) Credit Card Charges: The Company is not responsible for any charges applied to credit card transactions and will not refund or eturn any fees charged by third parties and incurred during the transaction of the tour cost. Expedition Trips (d) Final payment: The Company must confirm acceptance of the Clients booking in writing. please refer to the confirmation invoice for details regarding final payment. payment of the balance of the tour price is due 90 days before the departure date of the first service booked. If a booking is made 90 days or less before the departure date of the first service booked then the full amount is payable at the time the booking is confirmed. If this balance is not paid at the time the booking is confirmed the Company reserve the right to treat the Client’s booking as cancelled. (e) Client Details: In order for the Company to confirm and guarantee the Clients travel arrangements the Client must provide all Client Details with their final payment as per the schedule specified in Section 7(d). If the Client does not provide all Client Details within 90 days before departure, an Administrative Fee will be charged to the Client. In the event where Client Details have not been received by the Company 30 days prior to the Clients trip departure, the Company reserves the right to treat the file as canceled and full cancellation fess will apply. Client Details include passport number, passport expiry date, passport issue date and place of issuance, completed medical form, full name as it appears in the passport you are traveling with, date of birth, place of birth, nationality and arrival details (or other documents as requested by The Company). (f) Credit Card Charges: The Company is not responsible for any charges applied to credit card transactions and will not refund or return any fees charged by third parties and incurred during the transaction of the tour cost. 8. “yolo” tours “yOlO” tours are specifically designed and marketed for those in the 18-39 age group. Consequently, the facilities and activities contemplated on yOlO-designated tours are not appropriate to Clients outside this age bracket. At the time of booking a yOlO designated tour the Client must be aged between 18 years old at minimum and 39 years and 364 days at maximum. 9. cAncellAtion of A tour by the client Any cancellation by a Client must be made in writing and be acknowledged by the Company in writing. The date on which the request to cancel is received by the Company or its Agents will determine the cancellation fees applicable. (a) Cancellation for Gap Adventure Trips and Gap Adventures Independent Trips: The cancellation fees are expressed hereafter as a percentage of the total tour price, excluding insurance. i) Cancellation 60 days or more before departure: loss of deposit. ii) Cancellation 59-30 days before departure: 50% of cost of services booked. iii) Cancellation less than 30 days before departure: 100% of cost of services booked. Gap Adventures Tailor Made trips may vary in cancellation policy from that detailed in this clause, and will be detailed at time of booking. (b) Cancellation for Expedition Trips: The cancellation fees are expressed hereafter as a percentage of the total tour price, excluding insurance. i) Cancellation 90 days or more before departure: loss of deposit. ii) Cancellation 89-60 days before departure: 50% of the cost of services booked. iii) Cancellation less than 60 days before departure: 100% of cost of services booked. 10. cAncellAtion of A tour by the compAny The Company reserves the right to cancel any trip for any reason, but will not cancel a tour less than 60 days before departure except for Force Majeure, unusual or unforeseen circumstances outside the Company’s control (excluding Expedition Trips – refer to Expedition Ticket/Conditions of Carriage). When a tour is cancelled by the Company before the agreed date of departure for any reason other than the fault of the Client, the Client can either: (i) take a substitute tour of equivalent or superior quality if the Company is able and willing to offer such a substitute; or (ii) take a substitute tour of lower quality if the Company is able and willing to offer one and to recover from the Company the difference in price between the price of the tour originally purchased and that of the substitute tour; or (iii) have a full refund of all monies paid under the contract as soon as possible. The Company is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the booking such as visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. If the Client is offered a refund but requests an alternative tour of a higher value than that originally booked, then the Client must pay the difference in price. Where after departure a significant element of the trip contracted for cannot be provided, the Company will make suitable alternative arrangements for the continuation of the trip. If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, the Company will provide the Client a refund of unused tour portions. Where a significant alteration or cancellation occurs which is not due to Force Majeure or other circumstances beyond the Company’s control, the Company will in some circumstances offer compensation. Significant alterations do not include the substitution of a vessel, modification of itineraries, change in cabin category or hotel accommodation provided it is of the same category. 11. unuseD serVices There will be no discounts or monies refunded for missed or unused services, this includes voluntary or involuntary termination/departure from tour, i.e. sickness, death of a family member etc, late arrival on the tour, or premature departure either voluntarily or involuntarily. 12. prices AnD surchArGes The price of the tours published may go up or down from the time of publication. The Company recommends that the Client finds out the most up to date price of their tours including the costs of any other service provided by the Company at the time of making their booking. The Company reserves the right to increase tour price after the holiday has been booked but will not do so any later than 30 days before the departure date stipulated. After a Confirmation Invoice has been issued any increase to the tour price will be as the result of changes in an increase in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airport charges, including any currency fluctuations. If the increase would be 2% or less of the holiday price the Company will absorb the changes in its costs of providing the tour. However if the increase is more than 2% the Company will pass this increase on to the Client. Where the increase in price is more than 7% of the Clients holiday price then in these circumstances the Clients may either: (i) withdraw from the contract without incurring any penalty; or (ii) accept the change of price. 13. VAliDity The prices in this brochure and website are based on rates and costs in effect at time of printing the brochure or posting to the website. The Company reserves the right to alter prices at any time prior to tour been paid in full. The land price of the trip is guaranteed when paid in full, subject to any potential surcharges as stipulated in Section 12. All dates, itineraries and prices are indicative only. 14. fleXibility The Client understands and acknowledges the nature of this type of travel requires considerable flexibility and should allow for reasonable alterations by the Company. It is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events, which may include sickness or mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances or any other reason whatsoever. 15. chAnGes (a) Changes made by the Company: While the Company will endeavor to operate all tours as advertised, reasonable changes in the itinerary may be made where deemed necessary or advisable by the Company. If the Company makes a major change the Company will inform the Client as soon as reasonably possible if there is sufficient time before departure. The definition of a major change is deemed to be a change affecting at least one in three full tour days of the itinerary. If the major change is due to force majeure or unforeseen circumstances no compensation is payable. Some changes to the itinerary may happen on tour as a result of unforeseen circumstances or local situations. Any changes made to alter the itinerary as a result will be made with full authority of the Tour leader and any direct or indirect cost incurred as a result will be the responsibility of the Client. Where the Company has to make a major change to the Client’s holiday before departure in these circumstances the Company will notify the Client as quickly as possible so that the Client can take the decision: (i) whether to withdraw from the contact without penalty; or (ii) to accept the change and proceed with the holiday. (b) Alteration of a Cruise by the Company: Arrangements for the Cruise are made many months in advance by the Company. Occasionally it may be necessary on commercial, operational or any other grounds to make alterations to the Cruise and the Company reserves the right to do so at any time. In the event of significant alteration to an essential term of the Cruise or package the Company will inform the Client or his travel agent of any cancellation or change of itinerary in writing as soon as reasonably possible in these circumstances the Client will be offered the choice of: i) accepting the alteration; or ii) cancelling and receiving a full refund of all monies paid. If a booking is made 60 days or less before the departure date of the first service booked then the full amount is payable at the time the booking is confirmed. If this balance is not paid at the time the booking is confirmed the Company reserves the right to treat the Client’s booking as cancelled. Gap Adventures Tailor Made Trips may require a higher deposit or full payment at the time of booking. If full payment is different to that outlined in this clause, the requirement will be advised at time of booking and detailed on the invoice. If combinations of Gap Adventures, and Gap Adventures Independent and Tailor Made trips are booked, the most restrictive requirements will apply to the whole booking. (b) Client Details: In order for the Company to confirm and guarantee the Client’s travel arrangements the Client must provide all Client Details with their final payment as per the schedule specified in Section 7(a). If the Client does not provide all details 60 days or more before departure, an Administrative Fee will be charged to the Client. In the event where client details have not been received by the Company 30 days prior to the Client’s trip departure, the Company reserves the right to treat the file as cancelled and full cancellation fees will apply. Client Details required will vary tour 214 The Client must notify the Company of their decision in writing or via their travel agent within 7 days of receiving the notification of alteration. The Company will not be liable for indirect and or consequential losses. (c) Changes made by the Client: A transfer from one tour to another can only be made more than 60 days, (90 days for Expedition Trips) before departure date and if approved by the Company. If such a request is accepted by the Company, the Company reserves the right to charge up to the deposit amount of the first booked tour. Any request to transfer received less than 60 days, (120 days for Expedition Trips) before departure will not be accepted. In this case the Client must cancel the booking and then re-book on another tour. The Client may only transfer a booking to a departure date in the current season and may not transfer a booking to future seasons. Any such transfers will be regarded as cancellations and cancellation fees will apply. The Client may apply to have the name of the reservation altered by the Company more than 60 days, (90 days for Expedition Trips) prior to departure. Name changes cannot be made 60 days (90 days for Expedition Trips) or less before departure. Any name changes are subject to Company approval and applicable Administrative Fees. (d) Other Changes: Any changes to a file will depend on availability and will be on a request basis. Any extra costs incurred for making the change will be charged along with an Administrative Fee. No changes are permitted to your booking within 10 days of departure. 16. AirfAre Any tour does not include international air fare or any other flights unless mentioned in the inclusions. (a) Quotes: All quotes are in Canadian dollars, unless otherwise stated. The company will quote the best price available at the time of quoting for the travel dates requested. Quotes provide an indicative price only, and represent no price commitment by the Company.