Booking Terms
The following conditions, including Exhibit A, will need to be read and accepted by all travelling parties and creates a contractual relationship between TrekAmerica Travel Ltd, doing business as TrekAmerica, Footloose and/or OzXposure (formerly Let's Trek Australia and New Zealand) and you, the "customer". After reading this customer agreement, you must indicate your acceptance of the terms and conditions found in this agreement in order for your holiday to be completed.
All holidays in this brochure are operated for Trek America Travel Ltd. (hereinafter called the Company' or 'we') a member of the TUI Travel Plc group of companies, located at London Road, Crawley, West Sussex, RH10 9GX. TrekAmerica is operating under a variety of Incidental Business and Special Use Permits from the United States National Park Service, the United States National Forest Service, the United States Bureau of Land Management, the Park Service of Canada, the Hopi Indian Nation and the Navajo Indian Nation. All holidays are sold subject to the following conditions:
1) To make a booking you must send us a signed, completed Booking Form and a non-refundable deposit of UKGBP100 / Euro150 / US$175 / AUS$225 / $300CAD. 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, in our office, and we have issued a confirmation. If a 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 holiday in our current programme (provided you are not already booked on it) on payment of a transfer fee of UKGBP40 / Euro60 / US$60 / AUS$90 / $150CAD, 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 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 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: UKGBP15 / Euros20 / US$25 / AUS$30 / NZ$30. 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:
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
(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.
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 UKGBP80/Euro120/US$160/AUS$180/$160CAD will be payable. 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 holiday 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 holiday. In these circumstances you can choose one of the following options:
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 5 passengers on TrekAmerica and Footloose and 6 passengers on OzXposure (formerly Let's Trek Australia & NZ), 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 UKGBP1=US$1.95. 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) Your booking is accepted on the understanding that you realise 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 TrekAmerica. 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.
14) On an active group holiday if you participate in the activities it is necessary that you abide by the authority of the leader, who represents the company. 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 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.
15) 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.
16) If you have any complaint about the holiday, 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 holiday is likely to be significantly affected, you should notify our respective local operations office 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 in case 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.
17) 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. 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.
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 œ3 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 parts of the holiday are entirely at your own risk.
19) 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. Trek America Travel Ltd is a bonded holiday 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
20) 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.
21) 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.
22) 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 Trek America 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 airline-required information vary by destination/carrier and are subject to change without notice; TrekAmerica 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
23) For information regarding possible dangers at international destinations, contact the Travel Advisory Section of the US State Department, (202) 647-5225. For medical information, contact the Centre for Disease Control, (404) 332-4559, www.cdc.gov/travel.
24) In the United States, the legal drinking age is 21. TrekAmerica does not condone the use of alcohol by those under the legal drinking age and in no way condones or encourages intoxication or 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 underage use of alcohol or any use of illegal drugs can result in imprisonment.
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. TrekAmerica Travel Limited, trading as TrekAmerica, Footloose, OzXposure (formerly Let's Trek Australia and New Zealand) & Trek International 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, TrekAmerica Travel Limited, Grange Mills, Weir Road, LONDON, SW12 0NE or e-mail us at contact@trekamerica.co.uk.
"EXHIBIT A" - ACKNOWLEDGEMENT OF RISK, ASSUMPTION OF RISK AND RESPONSIBILITY AND RELEASE OF LIABILITY [Please read carefully!]
I. Responsibility: I understand and agree that all travel arrangements included in this trip are made on my behalf upon the express condition that neither TrekAmerica nor its owner, directors, officers, employees agents, contractors or subcontractors shall be liable or responsible for any negligent or wilful act or failure to act of any third party, such as operators of aircraft, trains, motor coaches, private cars, cruise vessels, boats, ships or any other conveyance, hotels, sightseeing excursions, local ground handling, etc. which are to or do supply any goods or services for my trip. I further understand that TrekAmerica neither owns nor operates such third party suppliers and accordingly agree to seek remedies directly and only against those suppliers and not hold TrekAmerica responsible for their acts or omissions. Without limitation, TrekAmerica is not responsible for any negligent or wilful acts of others or for acts of god or force majeure, weather emergencies, breakdown, or failure of mechanical equipment, government actions, inclement weather, sickness, attacks by animals, availability of medical care or the adequacy of the same, criminal activity of any kind, terrorism, war, civil disturbance, sanitary conditions, quality or sanitation of food, quarantine, customs regulations, epidemics, strikes, hotel overbooking, safety and/or security standards at hotels or other accommodations, any problems or injuries whatsoever arising from customers' consumption of alcoholic beverages or illegal drugs or for any other reason beyond the control of TrekAmerica, and I understand, agree with, and agree to be legally bound by the terms of the release and waiver of liability set out as Exhibit A.
II. Acknowledgement of Risk: I understand and acknowledge that my travel in connection with and participation in the travel or holiday ("holiday" or "Trip") arranged at my request by TrekAmerica may involve risk and potential exposure to injury and possibly death. I specifically acknowledge and recognise the potential for injury and death which can result from my irresponsible and immature use of alcohol and/or illegal drugs in connection with or during this Trip. I also realise and acknowledge that risk and dangers may be caused by the negligence of the owner, directors, employees, contractors, subcontractors, officers or agents of TrekAmerica or the negligence or participation of other participants, contractors and/or subcontractors to TrekAmerica. I also recognise and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and other acts of nature. I fully understand and acknowledge that the aforementioned risks, dangers and hazards are a potential in connection with recreational activities which may take place during my Trip.
III. Express assumption of risk and responsibility: In recognition of the inherent risk of the travels and related activities in which I am intending to engage, I confirm that I am physically and mentally capable of participating in the activity and that I will be mature and responsible in my behaviour and particularly in connection with any drug or alcohol use in which I may participate. I am willingly and knowingly electing to participate in this holiday in spite of the potential risk of danger and I willingly and voluntarily assume full responsibility for any injury, loss or damage suffered by me or caused by me, whether caused in whole or in part by the negligence of the owner, directors, agents, officers, employees, contractors or subcontractors of TrekAmerica.
IV. Release of Liability: In consideration of the services and arrangements provided by TrekAmerica, I, for myself and for my heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify TrekAmerica, and its owner, officers, directors, agents, contractors, subcontractors and employees from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during my travel in connection with the scheduled holiday and any activities conducted in conjunction therewith. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future for the negligent acts or conduct of the owner, directors, officers, employees, agents, contractors or subcontractors of TrekAmerica.
V. Express waiver of any right to seek consequential, punitive or exemplary damages: Regardless of the situation or circumstances giving rise to a claim, I waive any right to seek consequential, punitive or exemplary damages against TrekAmerica, its owner, officers, directors, agents, contractors, subcontractors and employees, for any reason whatsoever.
VI. Medical Authorisation: I hereby authorise any medical treatment reasonably necessary for any injury which I incur while participating in this Trip.
VII. Medical Insurance: I either have medical insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred by me or on my behalf during such Trip.
VIII. Severability: I agree that if any term set forth in this Exhibit A is found to be unenforceable, all other terms set forth in this Exhibit A are severable from the terms that are invalidated.
IX. Conflict: In the event of any inconsistency or conflict between the terms of this Exhibit A and any terms or conditions otherwise applicable to the Trip, the terms of this Exhibit A shall prevail.
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. By signing this agreement and the aforementioned Exhibit A, you are acknowledging that you have read and understood this document and acknowledge that you agree to be bound by its terms and that you are releasing TrekAmerica and its owners, officers, directors, employees and agents from any liability for personal injury, property damage or wrongful death which you might suffer during your participation in the scheduled holiday.
28) 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 Agreement will be governed by English law and any disputes will be dealt with by the English courts. If however you booked you holiday in Scotland or Northern Ireland any disputes may be dealt with in the local courts in Scotland or Northern Ireland and will be subject to the law of those countries.
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
