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Contents Date 2010 Parties This Agreement is dated: 2010 It is made between You the Client And the Company Trekking Encounters Limited of No1 The Assembly Room, George Street, Coupar Angus, Blairgowrie , Scotland, PH13 9DH. Company registration no SC223228. The background to this Agreement is: The Tour Company/Travel agent Trekking Encounters Limited arranges and provides treks, tours and excursions by land and air within The Himalaya Region (including, where necessary, overnight accommodation), to customers, upon the following terms and conditions. Where the Trek/Tour comprises a package holiday, within the meaning of the Package Travel Regulations 1992, your attention is drawn to the provisions made, regarding: The Terms and Booking Conditions also contains the current insurance cover for any cancellation of Booking by you and provision for available insurance to cover emergency risks which you may wish to purchase. Definitions These definitions apply unless the context of the Agreement requires a different interpretation: ‘’Client’’ means you the customer or Party going on the Trek/Tour “The Company or "Booking" means any placing of a request by you, in person, in writing or by telephone, or by a third party representative of you, to be included in a Trek/Tour, either direct to the Trek/Tour Company or through any authorised agent, together with full, cleared deposit payment for the Trek/Tour, as advertised "Confirmation" means confirmation, by the Trek/Tour Company of a Booking for a trek/tour or an excursion and "confirmed" shall be construed accordingly "Package Holiday" means a package holiday within the meaning of the Package Travel Regulations 1992 "Ticket" includes an electronically generated ticket "Trek/Tour" includes any excursion or trek/tour advertised from time to time, with itinerary and price, to be arranged by the Trek/Tour Company, as described on its web site www.trekkingencounters.com "Writing" includes electronic writing "You" means the Client which may include any person over the age of 18 years or any minor accompanied by such a person The terms of this Agreement are: 1. Booking Treks/Tours 1.1 In order for you to come on a Trek/Tour arranged by us, you must make a Booking. This is done by paying a deposit of UK£200 of the total advertised price. It is your responsibility to ensure that the Booking and the Trek/Tour are suitable for your requirements and capacity (including your physical and medical state and any disability from which you may suffer), in every respect. 1.2 Provided that a place on the Trek/Tour booked is available and the Trek/Tour Company is satisfied that there is no good reason to refuse the Booking, the Trek/Tour Company will confirm the Booking in writing. You must then pay the balance of the advertised Trek/Tour price at least 8 WEEKS/56DAYS prior to departure of Trek/Tour. At that point, and not before, the Booking is complete and a contract is then made for the provision of the Trek/Tour. 1.3 As soon as practicable, after booking confirmation, you will be sent a comprehensive itinery for the Tour, by the Trek/Tour Company or its duly authorised agent. 1.4 Where the Trek/Tour constitutes a Package Holiday, the following provisions of the Trek/Tour details shall constitute part of the Booking terms and conditions: 1.4.1 the destinations and, where more than one, the time to be spent at each; 2. Cancellation and alteration 2.1 Except where it is beyond your control (such as a requirement to do jury service), any cancellation by you of a Booking must be made in writing to the Trek/Tour Company or its duly authorised agent at least See Table below prior to departure. Cancellation charges are applied as – More than 56 days before departure Loss of deposit 2.2 Subject to the following, provided that any cancellation is made in accordance with paragraph 2.1, the balance of any Booking payment still held by the Trek/Tour Company will be refunded, less a [£50] charge for administration of the cancellation and, subject to that, where the Trek/Tour Company receives any refund from any other person as a result of the cancellation, the Trek/Tour Company shall account to you for that also. 2.3 No refunds will be made in relation to the return part or any other unused part of a ticket. 2.4 You may give 56 days' written notice, expiring before the start of your booked or confirmed Trek/Tour, to the Trek/Tour Company to change/alter the Tour. This written notice must be made either direct or through its duly authorised agent. Any excess money will be refunded to you, subject to the payment of any additional administration charge. 2.5 Where an originally booked Trek/Tour is changed in accordance with paragraph 2.4, any discount applied to the price of the original Tour will no longer apply to the cost of any replacement Trek/Tour. 2.6 Where the Trek/Tour comprises a Package Holiday, the Trek/Tour Company shall advise you as to any proposed changes to the Trek/Tour and allow you the opportunity to withdraw without financial penalty. 2.7 If we have to alter your itinerary travel or holiday arrangements, any change will be either major or minor. Although it is unlikely that we will have to make any changes to your travel arrangements, we do plan the arrangements many months in advance and as a result we may have to make changes and we reserve the right to do so. 2.8 Where a change is a minor change, we will, if practical, advise you before departure, but we are not obliged to do so or to pay you compensation. A minor change is any change apart from a major change as defined here. 2.9 When a change is a major change we will advise you as soon as is reasonably possible. You will then have the choice of: 2.9.1 accepting the change, taking an alternative holiday (and where this is of a different price, you or we will refund the difference as appropriate); 2.10 In the unlikely event that we become unable to provide a significant proportion of your trip after you depart, we will make alternative arrangements for you to continue the trip at no extra charge, or, if this is impossible, or you do not accept these alternative arrangements for a good reason, we will provide you with transport back to your point of departure. 2.11 In addition, if appropriate, we may pay you compensation of an amount which is reasonable taking into account all the circumstances. Compensation will not be considered appropriate, for example, in cases where a major change has to be made as a result of force majeure. 2.12 If the Trek/Tour Company has to cancel your holiday before the date of departure, you will have the choice of: 2.12.1 taking an alternative holiday (and where this is of a different price you or we will refund the difference as appropriate); or In addition, in appropriate cases, and where such cancellation is not due to under booking or force majeure as defined below, we may pay you compensation commensurate with your inconvenience. Under booking is the situation in which the minimum number of bookings required to run a tour is not met. 2.13. If the client leaves the Trek/Tour voluntarily or is required to do so by the Company on the grounds that the Clients presence is detrimental to the safety or well-being of either the Client or the Trek/Tour package, then liability that the Company may bear to that Client will cease immediately, including the Clients right to any refund. The Company will have no responsibility for repatriation or any other expenses, which may arise out of such an event. 2.14 The Company reserves the right to cancel any Trek/Tour without prior notice. The company will endeavour to offer alternative arrangements of a comparable standard in such circumstances. If alternative arrangements are not possible all monies paid to the company will be refunded in full not including visa, travel insurance, flights, vaccinations or other associated costs. We strongly recommend that you take out insurance against irrecoverable cancellation costs. 3. Your obligations 3.1 The Client will comply strictly with the laws and customs of all countries visited whether in respect of health, immigration, exchange control, drugs, or any other matter. The client agrees to comply with all reasonable instructions of the Trek/Tour Leaders, employees and agents. The client will comply with the ethos/objectives of the Trek/Tour which is to be eco friendly. 3.2. It is the responsibility of the Client to be in possession of a valid passport, visas, permits, necessary certificates, logbooks and medical certificates as required by the Company. The Company is not held responsible for the failure of a Client to obtain or produce the necessary visa, certificates, logbooks or medical certificates. 3.3 You must ensure that any medical or other attendance that you require is provided by you. Specific attention should be given to Trekking at High Altitude. You should always seek independent medical advice before undertaking a trek at High Altitude. You should be aware of the possible side effects of HAS High Altitude Sickness. 3.4 You must ensure that you have adequate insurance cover The insurance cover must apply to Trekking in the Himalaya region (at High Altitude) and must include specific cover for helicopter rescue and repatriation if required in an emergency. 3.5 You must ensure that you have all the correct equipment and clothing to undertake the specific Trek/Tour you have chosen. 3.6 You agree that you may be photographed in the course of the Trek/Tour for the purpose of the Tour Company's future publicity and that any written comments you make about the Trek/Tour or the Trek/Tour Company may be published by the Trek/Tour Company. 3.7 You agree to abide by any reasonable directions (especially any given on account of health and safety), given by the Trek/Tour Company's representatives in the course of the Trek/Tour. 3.8 You agree to behave in a reasonable and responsible manner and, in particular that you will do nothing which might endanger the health and safety of any person involved in the Trek/Tour or which might result in personal injury to any person or loss of or damage to property belonging to the Trek/Tour Company, its representatives or other Clients. 3.9 You agree that it is your responsibility to carry any necessary valid passport or visa, necessary for the Tour and, in any event always to carry some official means of photographic identification, such as a valid driving licence. 3.10 You agree to inform us of any special requests at the time of booking. We will do our very best to incorporate your special requests but cannot guarantee that they will be met. Furthermore, the Trek/Tour Company has no liability to you if such requirements are not met. 4. Liability of Trek/Tour Company 4.1 When the Trek/Tour company supplies ancillary services, which include any services supplied by a third party, the Trek/Tour Company does not give any warranty or guarantee as to their quality, fitness for purpose or otherwise but shall, where possible, assign to you the benefit of any warranty, guarantee or indemnity given by the person supplying those services to the Trek/Tour Company. 4.2 The Trek/Tour Company shall have no liability to you for any loss, damage, costs or expenses or other claims for compensation arising from any instructions supplied by you which are incomplete, incorrect, illegible, out of sequence or in the wrong order or form, or arising from your late arrival, non-arrival or any other fault of yours. 4.3 Except in respect of death or personal injury caused by the negligence of the Trek/Tour Company, or as expressly provided in these Terms, the Trek/Tour Company shall not be liable to you by reason of any innocent representation or any implied warranty, condition or other term, or any duty at common law, for any loss of profit, opportunity or any indirect, special or consequential loss, damage, costs, expenses or other claims (however caused) which arise out of or in connection with the provision of any Trek/Tour (including any delay or failure to provide it), so however that, the entire liability of the Trek/Tour Company under or in connection with the trek/tour contract shall be limited in maximum to the amount of the payments for the provision of the Trek/Tour in question. 4.4 The Trek/Tour Company is not responsible for any act or omission of yours which results in death, personal injury or loss of, or damage to property of any other client. 4.5 The company shall not be liable for any loss or damage to baggage, personal possessions, passports and other documents or any consequential loss resulting there from and its staff or agents are not authorised to accept responsibility for their safekeeping. We strongly recommend that you take out insurance against loss of or damage to personal belongings. 5. Insurance 5.1 Insurance for medical emergency, including repatriation in any such event, is not included in the cost of the Trek/Tour. 5.2 It is a condition and compulsory of the booking that all travellers be covered by comprehensive travel insurance and do not travel against medical advice. You should organise it immediately you book so as to be covered in case of the ill health of yourself, a close relative or you’re travelling companion. If you do not wish to take out our insurance we must be provided with details of your comparable or greater cover and policy by, at the latest, one month prior to departure. 5.3 Insurance cover is compulsory and must make provision for Trekking in the Himalaya region (at High Altitude) and must include provision for Helicopter rescue and repatriation if required in an emergency. 6. Force majeure 6.1 Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including fire, natural disaster, war or military hostilities and strikes of employees. It does not include merely inclement weather conditions. 6.2 Each of the parties agrees to give notice immediately to the other upon becoming aware of an event of force majeure such notice to contain details of the circumstances giving rise to it. 6.3 Neither party shall have any liability to the other in respect of the termination of this agreement as a result of force majeure, except in relation to liabilities accrued before the occurrence of the force majeure. 6.4 Where you have to cancel a Booking as a result of force majeure, your place may be offered to another person who would then pay you for your ticket. 7. Successors to the agreement 7.1 The Trek/Tour Company is entitled to assign the benefit of this agreement 7.2 The benefit and obligations of this agreement shall be binding on any successor in title. 8. Severability and waiver 8.1 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as independent and severable from each other paragraph and therefore separately enforceable. 8.2 No delay by the Trek/Tour Company in exercising any right, power or provision hereunder shall operate as a waiver of the exercise of any right at a future time. 9. Notices Any notice to be served on either of the parties by the other shall be sent by first class post or pre-paid recorded delivery or by facsimile and shall be deemed to have been received by the addressee within 72 hours of posting or 24 hours if sent by facsimile to the correct number. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty or other term not forming part of this agreement, including by reference. 11. Acceptance of Risk Clients are only accepted on the understanding that they accept, appreciate and understand the possible risks of adventure travel and that they agree to take these risks of their own free will. Also that they accept that in many areas in which the company operates,standards of hygiene, accommodation facilities, safety and law enforcement may be very poor or less than those in major western countries, to which Client may be accustomed. 12. Health Fitness and Age All clients must satisfy themselves and Trekking Encounters prior to confirmation of booking that they are fit and able to undertake and complete their chosen Trek/Tour. Any clients over the age of 70 may be required to submit medical proof of fitness on some specific Treks/Tours. No unaccompanied minors (under18 years of age) are accepted on any of Trekking Encounters Treks/Tours. Any client with a disability or illness or are under going treatment for such a condition must declare the exact nature of the condition at the time of booking and make provision for any treatment or medication required during the Trek/Tour. Any failure to make this disclosure will constitute a breach of booking conditions and result in the termination of the Contract, and all monies paid to the Company will be forfeit. On Treks/Tours that include Rafting all Clients must be able to swim. Failure to be able to swim will eliminate the Client from that part of the Trek/Tour. Any failure to disclose the ability to swim or not will result in the termination of the Contract and all monies paid to the Company will be forfeit. 13. Miscellaneous matters In this Agreement, unless the context requires a different interpretation: 13.1 references to the singular include the plural; 14. Dispute resolution 14.1 If the Client has a complaint against the Company during a Trek/Tour the Client must first inform the Trek/Tour leader representative or agent who will endeavor to resolve the matter. Any further complaint must be put in writing to the Company within 28 days of the end of the Trek/Tour. 14.2 In the event of a dispute arising out of or in connection with this Agreement, the parties undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 15. Jurisdiction This Contract shall be interpreted according to the Laws of England and the parties agree to submit to the exclusive jurisdiction of the English courts. 16. Financial Securities The company complies with the 1992 Package Travel Regulations. The Company is a full member of the Travel Trust Association (Member No U5571).All monies paid to the company will be held in a separate Trust Account, as a security against insolvency, until satisfactory completion of the Trek/Tour to which it relates. There is further protection with the Stand Alone Safe Seat Plan fidelity insurance policy which is included in the cost of your holiday. It insures our customers’ monies whilst they are held in Trekking Encounters Trust Account. It will reimburse the loss of any amount paid for your booking up to a maximum of £11,000 for any one passenger. Please be aware that the Stand Alone Safe Seat Plan is not a travel insurance policy and only protects the money deposited to Trekking Encounters Limited. Further details can be found on the TTA website http://www.traveltrust.co.uk Questions or Concerns over booking conditions please telephone Trekking Encounters Ltd on +44 (0) 844 335 6589 |