BOOKING AND TOUR CONDITIONS

Please read these booking conditions carefully, they form an important part of the contract for your holiday.

All holidays advertised in our brochure and on our website are operated by Exodus Travels trading as TrekAmerica, registered number 1150160 (hereinafter called ‘the Company’, ‘we’, ‘us’ or ‘our’), a member of Travelopia with its registered office situated at Travelopia, Origin One, 108 High Street, Crawley, West Sussex, RH10 1BD. 

TrekAmerica is an equal opportunity service provider operating under a variety of Commercial Use Authorisations 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: 

Insurance
Please note: Adequate and valid travel insurance is compulsory for all TrekAmerica travellers and it is a condition of accepting your booking that you agree you will have obtained adequate and valid travel insurance. We recommend you take out insurance as soon as your booking is confirmed.

 

Key points:

You enter into a booking with TrekAmerica when we issue our confirmation invoice. If you then cancel, there will be cancellation charges. Initially this may only be a deposit, but can go up to 100%.

You can make changes to your booking in certain circumstances. We make a charge for this. We can change and cancel your booking.

We are responsible to you for providing your holiday but there are legal limits.

We are a member of ABTA and we provide protection for your money as set out in clause 2 below.

Adequate and valid travel insurance is compulsory for all our travellers and it is a condition of accepting your booking that you agree you will have obtained adequate and valid travel insurance. We recommend you take out insurance as soon as your booking is confirmed.

Please read the full terms below for more information and for other important rights and obligations.

 

1. Our details

Your booking is with Exodus Travels trading as TrekAmerica with registered number 1150160 and registered address at 2nd Floor, Origin One, 108 High Street, Crawley, West Sussex RH10 1BD (“we”, “us”, the “Company” or “our”).

 

2. Protecting your money

The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018. Therefore, you will benefit from all EU rights applying to packages. We will be responsible for the proper performance of all the travel services included in the package. We provide full financial protection for our package holidays.

For flight-based holidays this is through our Air Travel Organiser’s Licence number 2582 issued by the CAA of 45-59 Kingsway London WC2B 6TE www.caa.co.uk. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).

If we are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.

The price of any flight-inclusive holiday includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices

When you buy a package holiday that doesn’t include a flight, protection is provided by way of a bond held by ABTA – The Travel Association 30 Park Street London SE1 9EQ www.abta.co.uk.

 

3.Your holiday booking

To make enquiries about our holidays you can contact us in several ways: directly over the telephone, via our website www.trekamerica.com (website), through an approved travel agent or by email. To make a booking you must pay the relevant deposit and agree to our terms and conditions online.

A booking will exist as soon as we issue our confirmation invoice (the “Booking Confirmation”). This booking is made on the terms of these booking conditions. The person making the booking (the “lead name”) must be 18 years old or over and when you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. We may transfer your booking to another company in our group, but this will have no effect on your holiday arrangements.

Whether you book alone or as a group, we will only deal with the lead name in all subsequent correspondence, including changes, amendments and cancellations. The lead name is responsible for ensuring the accuracy of the personal details or any other information supplied in respect of yourself and any other person travelling on the booking and for passing on any information regarding the booking or any changes made in relation thereto, to all persons travelling on such booking, including but not limited to information on schedule changes or copies of booking confirmations.

When you receive the Confirmation Invoice please check the details carefully and inform us immediately if anything is incorrect. Names on travel documents must exactly match those in your passports. Unless we are responsible for the mistake, we will not accept liability if an airline or other supplier refuses boarding because the name(s) shown in your passport differ from those on your ticket. If there is an obvious error on the Confirmation Invoice, we reserve the right to correct it as soon as we become aware of it, but will do this within 7 days of issuing the Confirmation Invoice or, if your departure is within 7 days, no later than 24 hours before you go. Travel documents will be sent or emailed to you (to the address given to us by the lead name at the time of booking) approximately 6 weeks before your departure, and will not be issued unless payment of the due balance has been received

We may not be able to confirm some of our ground arrangements straight away (e.g. bespoke accommodation, tours etc.). In these instances we may issue a Booking Confirmation. However, a contract for arrangements that have not been confirmed on that Booking Confirmation will only be made when we have sent you written confirmation that those additional arrangements have been completed. If there is any change to any of the details discussed at the time of booking, before the Booking Confirmation is issued, we will notify you promptly of any new or changed details, including a change to the total price (if any). If any detail on the Booking Confirmation is not correct tell us or your travel agent immediately. 

For those holidays where an additional local payment is required this will be confirmed to you. A local payment is a portion of the holiday cost which must be paid directly to the local representative as instructed. If the price of your holiday includes a local payment this must be paid in the currency specified. Please note that your holiday price will not be considered to have been paid in full until the local payment has been made. Tourist taxes, resort fees or similar that are charged locally may be implemented or changed without prior warning. We do not accept responsibility for these costs, which must be paid by you and are not included within your holiday price.

Your personal safety is of paramount importance to us and therefore it is imperative that you advise us at the time of booking of any condition, medical or otherwise, that might affect your or other people’s enjoyment of the trip. This should include, but not be limited to, any special dietary requirements (including, for example, allergies) and any reduced mobility affecting you or members of your booking. Please contact us via phone on +44 (0)2087 121 910 or email at [email protected] to discuss any such requirements.

It is a condition of your booking that you and all members of your party provide certain information that may be sent to governmental authorities and border control and security agencies for the purpose of security and counter terrorism. This is known as Passenger Name Records (PNR) or Advanced Passenger Information, sometimes known as APIS. For the United Kingdom, it may be referred to as ‘E-Borders’. The information you must provide will include, but not be limited to, full name – as shown in your passport or travel document, gender, date of birth, travel document type, number, country of issue and expiry date, and for travel to the U.S., your country of residence and the address for your first night’s stay. You must provide this information to the airline between 6 months and 24 hours before departure. When you book your flight through the Company, you must provide this information to the Company with your 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. When you arrange your own flight directly with the airline, you must provide this information to the airline between 6 months and 24 hours before departure. Passengers who are denied boarding or entry for improper documentation/failure to provide required information will receive no refund. Persons travelling alone under the age of 18 travelling to an international destination must carry a notarised letter of consent signed by both parents and/or legal guardian.

All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. In the unlikely event of an administrative error leading to an incorrect price being displayed, we reserve the right to correct it (including after a booking has been confirmed). Offers are not combinable unless expressly stated and may be withdrawn at any time. All quotations are provisional until confirmed in writing on your Booking Confirmation. Before you make a booking we will give you the up-to-date price of your chosen holiday including the cost of any supplements, upgrades or additional facilities which you have requested.

The price of your holiday will include APD for an economy seat. If you upgrade to a premium cabin this will be included in the upgrade cost.

When the price per person is dependent on the number of people in the accommodation and the number of people changes, the price will be recalculated based on the new party size. Any increase in price payable is not a cancellation charge. A separate cancellation charge will be levied in respect of bookings cancelled. A new Booking Confirmation will be issued as appropriate on which the cancellation charge will be shown.

 

4. Paying for Your Holiday and Insurance

When you make your booking you must pay a deposit of at least 10% of your selected travel arrangements (minimum GB£100per person). For Coast to Coast Express tour, you are required to pay a non-refundable deposit at the time of booking of GB£400 per person. For Central America ‘BOLT’ tours, you are required to pay a non-refundable deposit at the time of booking of GB£150. For South America tours under 28 days of duration a non-refundable deposit of GB£200 per person is required; for South America tours with a duration of 28 days and over a non-refundable deposit of GB£400 per person is required. For South America pre-bookable excursions (Inca Trail, Train to Machu Picchu, Amazon Jungle and Rio Carnival) a non-refundable deposit of GB£150 per person is required.

The tour deposit is calculated from the full standard tour price and is not based on a discounted price (if applicable).

We will then invoice you for the remainder of the cost due before you travel, which you must pay not later than 56 days before departure. If your tour is 42 days or longer your final balance is due 84 days prior to departure. If you book less than 56 days before departure, full payment (less any payment which must be paid locally) must be made at time of booking. If you do not pay the balance by the due date your booking will be cancelled and you will forfeit your deposit and any other relevant charges. If you do not pay the nominated local payment for South America tours to your tour leader at the start of your tour (evening of day one), you will not be permitted to join the tour and any monies paid will not be refunded (and we shall have no further liability to you).

In conjunction with your tour we can also book you return international flights starting from most UK airports. Our standard flight deposit is GB£125/EUR150/US$180/AU$225/NZ$240 per person, with the balance due no later than 56 days before departure, however some fares may require full payment at time of booking and this will be advised when you make your flight booking. The balance of the price of your travel arrangements must be paid at least 8 weeks before your departure date. If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit.

You may also be required to pay for any non-transferable and non-refundable items, such as special air fares, tickets or entry permits and any other applicable supplements due, at the time of booking and they may be non-refundable in the event of cancellation.

Please note we do not accept American Express or cheques in any currency other than British Pound Sterling.

Adequate and valid travel insurance for your chosen itinerary is compulsory for all travellers and it is a condition of accepting your booking that you agree you will have obtained adequate and valid travel insurance. We recommend you take out insurance as soon as your booking is confirmed. 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 and force majeure events. You are required to carry proof of insurance with you.

 

5. If You Cancel Your Holiday

You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the lead name or your travel agent must be received at our offices. Since we incur costs in cancelling your travel arrangements, you will have to pay cancellation charges as follows (see also the exception below):

Period before departure in which you notify us - Tour Cancellation charge

More than 56 days - Deposit only

More than 56-43 days - 50% of holiday cost

More than 42-31days - 75% of holiday cost

Less than 30 days - 100% of holiday cost

 

Notes (i) Your deposit is non-refundable, even if the cancellation charge calculated is lower than the deposit amount paid; (ii) If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges; (iii) certain travel arrangements may be subject to higher cancellation charges and could incur a cancellation charge of up to 100% of that part of the arrangements from the moment the booking is confirmed.

It is recommended that reservations for pre and post tour accommodation are made at least 35 days before the departure date of the tour. If you cancel a reservation for pre or post tour accommodation that has been confirmed after final payment has been made, and between 56 days and 35 days of departure, then an amendment fee of GB£25/EUR30/US$40/AU$50/NZ$50 will be charged. If a reservation for pre or post tour accommodation is cancelled within 35 days of departure then such accommodation cost becomes 100% non-refundable. For the avoidance of doubt, this clause only applies to pre and post tour accommodation.

You can cancel your booking without paying cancellation charges if the performance of your package, or the carriage of passengers to your destination, is significantly affected by unavoidable and extraordinary circumstances. In such circumstances, we will arrange for your booking to be terminated and for you to receive a full refund. We will observe and act in accordance with advice provided by the UK Foreign & Commonwealth Office.

For the purposes of these terms and conditions “unavoidable and extraordinary circumstances” include but are not limited to: war, threat of war, airport closures, airspace closures (as well as other air traffic management decisions which may give rise to long or overnight delays or cancellations of one or more flights), the inability of airline(s) to operate flights as a result of the United Kingdom’s decision to leave the European Union (including the loss or restriction of air traffic or transit rights or the right of airline(s) to enter any airspace), epidemic, significant risks to human health such as the outbreak of a serious disease at the travel destination, natural or nuclear disaster, serious security problems such as terrorist activity, civil unrest or events arising out of political instability, industrial dispute or strikes, bad weather (actual or threatened), Foreign Office advising against travel to a particular destination and significant building work taking place outside of your accommodation (such as resort development).

 

6. If You Change Your Booking

If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the lead name or your travel agent. You will be asked to pay an administration charge of GBP50, and any further cost we incur in making this alteration (including those charged by third party suppliers who provide the component parts of your booking).  You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Note: Certain travel arrangements may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.

You can transfer your booking to another person, who satisfies all the conditions that apply to this booking, by giving us notice in writing at least 7 days before departure provided that the new lead passenger accepts the transfer and these booking conditions. Both you and the new traveller are responsible for paying all costs we incur in making the transfer. Please bear in mind that certain airlines and other transport providers treat changes as a cancellation and charge accordingly, up to 100% of the cost for that part of the arrangement. Where applicable these charges will be passed on to you.

 

7. If we cancel your booking

We reserve the right to cancel your booking. We will not cancel less than 6 weeks before your departure date, except for unavoidable and extraordinary circumstances (as defined in clause 5), or failure by you to pay the final balance, or because the minimum number required for the package to go ahead hasn’t been reached. The minimum number required will be provided to you with the holiday description. The time limit for cancellation for such failure to reach minimum numbers shall not be later than:

(a) 20 days before the start of the package in the case of trips lasting more than 6 days.

(b) 7 days before the start of the package in the case of trips lasting between 2 and 6 days

(c) 48 hours before the start of the package in the case of trips lasting less than 2 days.

If your holiday is cancelled you can either have a refund of all monies paid or accept an alternative holiday of comparable standard from us if we offer one (we will refund any price difference if the alternative is of a lower value).

Guaranteed Departures: Some of our holidays are described as guaranteed departures and are therefore not subject to minimum numbers in accordance with the provisions detailed above (“Guaranteed Departures”). Please note that only those tours clearly and expressly designated as a Guaranteed Departure via the use of our guaranteed symbol are subject to these provisions and all other tours are subject to minimum numbers as detailed above. The Company reserves the right to change, at any time, which tours are Guaranteed Departures and you are advised to check before you book via our website or via telephone if your tour is or is not still subject to our Guaranteed Departure promise. If your holiday is a Guaranteed Departure then please note we will not cancel it for a reason of minimum numbers not being obtained and we confirm that as soon as one person pays a deposit and we issue a Confirmation Invoice for that holiday then the Guaranteed Departure holiday shall proceed (provided such person does not thereafter cancel before any other bookings are made). We may however contact you if minimum numbers aren’t reached to offer you an alternative tour which has reached minimum numbers. For the avoidance of doubt this clause is without prejudice to our rights to cancel all holidays, including Guaranteed Departures, for reasons amount to force majeure (as defined below) or as otherwise may be detailed in these Terms and Conditions. Please note that Guaranteed Departure holidays are subject to changes and amends as otherwise may be contemplated or envisaged in these Terms and Conditions. Please note that if you book a holiday departure date that is “guaranteed”, in rare instances your holiday may run with less than 5 passengers.

In the event a refund is paid to you, we will:

provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.

pay compensation as detailed below except where the cancellation is due to unavoidable and extraordinary circumstances (as defined in clause 5).

 

Period before departure in which we notify you - Amount you will receive from us

More than 56 days - Nil

More than 14 days but less than 56 days - £20

Less than 14 days - £30

*This table does not preclude you claiming more if you are legally entitled to do so

 

8. If we change your booking

(a) Changes to the price

We can change your holiday price after you’ve booked, only in certain circumstances:

Changes in the price of the carriage of passengers resulting from changes to the cost of fuel or other power sources the level of taxes or fees imposed by third parties including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports or exchange rates mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 20 days of your departure. Prices quoted in this brochure are based on exchange rates published by OANDA on 20 August 2018.

We will absorb, and you will not be charged for, any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that. If this results in an increase equivalent to more than 8% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel: 1) you must do so within the time period shown on your final invoice 2) We will provide a refund of insurance premiums paid to us if you can show that you are unable to transfer or reuse your policy.

Should the price of your holiday go down due to the cost changes mentioned above, then any refund due will be paid to you. We will deduct from this refund our administrative expenses incurred. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

(b) Changes other than the price

It is a term of your booking that we are able to make changes to any aspect of your booking. If the change is insignificant, we will ensure that you are notified about it. Examples of insignificant changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers.

If we are forced by circumstances beyond our control to alter significantly any of the main characteristics of the travel services that make up your package you will have the rights set out below.

I. We will contact you and you will have the choice of accepting the change or having a refund of all monies paid. You can also accept an alternative holiday, where we offer one (we will refund any price difference if the alternative is of a lower value). We will tell you the procedure for making your choice. Please read any notification of changes carefully and respond promptly as if you do not respond to us within the timescale given your booking may be cancelled.

II. If you choose to accept a refund:

a. we will provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.

b. we will pay compensation as detailed below except where the significant change is due to unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.

The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

 

Period before departure in which we notify you - Amount you will receive from us

More than 56 days - Nil

More than 14 days - £20

Less than 14 days - £30

 

9. Our Liability to You

You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. If any of the travel services included in your package are not performed in accordance with these booking conditions, or are improperly performed, by us or the travel service suppliers, and this has affected the enjoyment of your travel arrangements, you may be entitled to an appropriate price reduction or compensation or both. We will not be liable where any failure to perform or improper performance of the travel services is due to (i) you or another member of your party; (ii) a third party unconnected with the provision of the travel services in the package and is unforeseeable or unavoidable; or (iii) unavoidable and extraordinary circumstances (as defined in clause 5).

Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to the following:

a) You agree that any transport company’s (or other supplier’s) own ‘Conditions of Carriage’ will apply to you on any journey by road, rail, sea or air. When arranging this transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage'. You acknowledge that all of these terms and conditions form part of your contract with us as well as with the transport company. You can ask us or the travel agent booking your holiday to provide you with a copy of any of the conditions applicable to your journey. The airline's terms and conditions are available on request. We will tell you the identity of the air carrier when you book with us and if it is not known at that time or subsequently changes we will inform you as soon as possible and no later than at check-in for your flight; and

b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of and conditions under which compensation can be claimed for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of the extent of or the conditions under which compensation is to be paid under these or any conventions.

You can ask for copies of the travel service contractual terms, or the international conventions, from [insert your relevant contact details]. Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details will be publicised at EU airports and available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in these booking conditions. If any payments to you are due from us, any payment made to you by the airline or any other service provider will be deducted.

In accordance with EU Directive (EC) No 2111/2005 Article 9, we are required to bring to your attention the existence of a “Community list” which contains details of air carriers who are subject to an operating ban within the EU. The Community list is available for inspection at http://ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm  .In accordance with EU Regulations we are required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of confirmation. Where we are only able to inform you of the likely carrier(s) at the time of confirmation, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible.

If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your holiday.

Standards of, for example, safety, hygiene and quality vary throughout the transport and destinations that your holiday may involve. Sometimes these standards will be lower than those which would be expected in the UK. The suppliers of the services and facilities included in your holiday should comply with local standards where they are provided.

 

10.

If you purchase any optional activities that are not part of your pre-booked itinerary, the contract for the provision of that activity will be between you and the activity provider. The decision to partake in any such activity is entirely at your own discretion and risk. If you do have any complaint about, or problem with, any optional activity purchased in resort your claim should be directed to the activity provider and not to us. ABTA

We are a Member of ABTA, membership number Y0751. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com or contacting ABTA at 30 Park Street London SE1 9EQ. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/ . This ODR platform is a means of notifying us of your complaint; it will not determine how your complaint should be resolved.

 

11. Complaints and Assistance

If you have a complaint about any of the services included in your holiday and/or need assistance whilst away, you must inform our local representative or call our 24 hours out of hours number on 0844 326 7041, alternatively you can email us on [email protected]. without undue delay who will endeavour to put things right.

If it is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at Customer Services, DST House, St Marks Hill, Surbiton, Surrey, KT6 4BH giving your booking reference and all other relevant information. Please keep your letter concise and to the point. We will acknowledge your written notification within 7 days and aim to provide a full response within 28 days. If you fail to follow the requirement to report your complaint in resort we will have been deprived of the opportunity to investigate and rectify it and this may affect your rights under this booking. Please also see clause 10 above on ABTA.

 

12. Additional assistance

If you’re in difficulty whilst on holiday and ask us to help we will provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance; and helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs we incur, if the difficulty is your fault.

 

13. Passport, Visa, Health, Travel and Immigration Requirements

Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.

We are able to advise on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least 2 months prior to travel for the latest health requirements, recommendations for your destination and any costs. You should check this information at least 2 months before departure and again within 14 days of travel. Where you do not do so and either are not allowed to enter any country, or suffer personal injury or death as a result, we have no liability to you for any cost, loss or damage which you suffer nor will we refund you the cost of any unused portion of your travel arrangements. Clients with existing medical problems, pregnant women and anyone who has recently visited other countries should check requirements with their general practitioner.

When assessing whether holidays will operate we use information from our local offices in conjunction with advice from the British Foreign Office and other relevant government bodies. It is your responsibility to acquaint yourself with the travel advice provided by these government bodies. For more information, please visit our Travel Aware page and the government websites at www.gov.uk/travelaware and www.gov.uk/foreign-travel-advice for your destination country.

 

14. Conduct

We reserve the right to refuse to accept you as a customer or continue dealing with you if we, or another person in authority, believe your behaviour is disruptive, causes unnecessary inconvenience, is threatening or abusive, you damage property, you upset, annoy, disturb, or put any other traveller or our staff or agents in the UK or resort in any risk or danger, on the telephone, in writing or in person.

On an active group holiday it is necessary that you abide by the authority of the tour leader, who represents the Company.

If the Captain of your flight or cruise ship or any of our resort staff or agents believes that you could be disruptive or that you are suffering from a contagious disease, they can also refuse to let you proceed with your travel arrangements, restrict your movements on board, disembark you from a ship or aircraft, or remove you from your accommodation or excursion.

If you are disruptive and prevented from boarding your outbound flight in the UK, we will treat your booking as cancelled by you from that moment, and you will have to pay full cancellation charges (see section 5). If this occurs overseas then you will become responsible for your own return home and any other members of your group who cannot or will not travel without you. We will not be liable for any refund, or compensation or any costs or expenses you incur.

If you are refused carriage because of your behaviour, or you are under the influence of alcohol or drugs, your airline may pass on your details and date of the refusal of carriage to other airlines for their information. This in turn may make it difficult for you to book other airline tickets. In any of these circumstances no refunds or compensation will be paid to you.

As a result of your behaviour during any stage of your holiday including on an aircraft, transfer, in any accommodation, cruise or excursion, we reserve the right to make a claim against you for any damages, costs and expenses (including legal expenses) incurred as a result, including but not limited to (i) cleaning, repairing or replacing property lost, damaged or destroyed by you, (ii) compensating any passenger, crew, staff or agent affected by your actions and (iii) diverting the aircraft or cruise for the purpose of removing you. Criminal proceedings may also be instigated.

In the U.S., the legal drinking age is 21, in the Canadian province of Alberta it is 18 and in British Columbia it is 19. The Company 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 are over the legal drinking age and you chose 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.

For the purpose of this section, reference to “you” or “your” includes any person in your party.

 

15. Data Protection

We will use and process your data in accordance with our privacy policy which be found at https://www.trekamerica.com/about-trek/privacy-policy]

 

16. Excursions

Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.

 

17. Travel Agents

All monies you pay to the travel agent for flight inclusive product are held by him on behalf and for the benefit of the Trustees of the Air Travel Trust at all times. This is subject to the agent’s obligation to pay it to us for so long as we do not fail. If we fail, any money held at that time by the agent, or subsequently accepted from you by him, is and continues to be held on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us. When you buy a holiday not including a flight, all monies you pay to the travel agent are held by him on our behalf at all times.

 

18. Law and jurisdiction

This booking is governed by English Law, and the jurisdiction of the English Courts. You may however choose the law and jurisdiction of Scotland or Northern Ireland if you live there and wish to do so.

 

19. Your Accommodation

Any accommodation we arrange for you must only be used by those people named on your Confirmation Invoice (or on the latest Amendment Invoice issued). You are not allowed to share the accommodation or let anyone else stay there. You are responsible for the cost of any damage caused to your accommodation or its contents during your stay. These charges must be met by you and may have to be paid locally.

 

20.   Trip Details

Tour information on the website supersedes any other written material that you may have in regards to your tour. The website will be considered the most up-to-date and accurate.

 

21. Participation Requirements

All clients are expected to satisfy themselves prior to booking that they are fit and able to complete the itinerary of their chosen holiday as described in this brochure.

Anyone suffering from mobility impairment, illness or disability or undergoing treatment for any physical or medical condition must declare the true nature of such condition at the time of booking and make arrangements for the provision of any medication or other treatment which may be required during the holiday. Failure to make such disclosure will constitute a breach of these booking conditions and result in such persons being excluded from the holiday in which case all monies paid will be forfeit.

Under European law, if you are disabled or have difficulty moving around, you can receive assistance when you fly. This free service is available to anyone with mobility problems, for example, because of their disability, age or a temporary injury. To take full advantage of the service you need to pre-book 48 hours in advance of the flight. You can book assistance and find out more via our website www.trekamerica.com.

 

22. Severability

In the event that clause 18 of this contract is struck down, invalidated or disapplied for any reason whatsoever by any court whatsoever, clauses 18 shall be severed from the remainder of the clauses of this contract, which shall remain valid and enforceable.

 

23. US Forum

This clause shall apply where a U.S. court has struck down, invalidated, disapplied or declined to enforce or have regard to clause 18 of this contract for any reason whatsoever, or in the event that acclaim in respect of death or personal injury is issued or filed, or you threaten to issue or file, in a court within the United States of America and where:

a. you have stated your intention in correspondence to issue or file the claim in a U.S. court or have issued or filed court proceedings in a U.S. court; and/or

b. you have issued or filed proceedings in a U.S. court and that court has indicated it will accept jurisdiction, despite the provision of clause 18 of this contract, and for any reason; and

c. the claim is against TrekAmerica, or any of their owners, affiliates or subsidiaries, or any of the third party suppliers who are responsible for the provision of services in the U.S. The following will apply and sets out our liability to you.

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 OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES INCLUDING BUT NOT LIMITED TO TRAVELOPIA (COLLECTIVELY “TREKAMERICA”), 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, MOTORCOACHES, 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 FORTH HEREIN.

II). ACKNOWLEDGEMENT OF RISK : I UNDERSTAND AND ACKNOWLEDGE THAT MY TRAVEL IN CONNECTION WITH AND PARTICIPATION IN THE TRAVEL OR VACATION PACKAGE (“VACATION PACKAGE” 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 OWNERS, EMPLOYEES, OFFICERS OR AGENTS OF TREKAMERICA OR THE NEGLIGENCE OR PARTICIPATION OF OTHER PASSENGERS, 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 TRAVEL 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 VACATION PACKAGE 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 OWNERS, 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 OWNERS, OFFICERS, DIRECTORS, AFFILIATES, AGENTS, CONTRACTORS, SUBCONTRACTORS AND EMPLOYEES FROM ANY AND ALL CLAIMS, ACTIONS, 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 VACATION PACKAGE 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 ACT OR CONDUCT OF THE OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, 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 OWNERS, DIRECTORS, AFFILIATES, 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 EXPENSES : 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.

VIII. MANDATORY ARBITRATION: YOU AGREE THAT ANY DISPUTE CONCERNING, RELATING OR REFERRING TO A CLAIM FOR DAMAGES DUE TO INJURY OR DEATH WHICH OCCURS DURING OR IN CONNECTION THE HOLIDAY AND WHERE THAT CLAIM IS COMMENCED OR TRANSFERRED TO U.S. JURISDICTION SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION ACCORDING TO THE THEN EXISTING RULES OF THE AMERICAN ARBITRATION ASSOCIATION IN AN ARBITRATION CONDUCTED IN ATLANTA, GEORGIA, U.S.A. SUCH PROCEEDINGS WILL BE GOVERNED BY SUBSTANTIVE DELAWARE LAW. THE DISPUTE WILL BE RESOLVED BY A SINGLE ARBITRATOR WHO MUST BE A LAWYER ADMITTED TO PRACTICE IN THE COURTS OF AT LEAST ONE STATE IN THE U.S. AND HAVE A MINIMUM OF FIFTEEN YEARS OF EXPERIENCE IN CIVIL LITIGATION. THE ARBITRATOR SO DESCRIBED WILL BE SELECTED BY THE AMERICAN ARBITRATION ASSOCIATION. EACH PARTY TO THE DISPUTE SHALL HAVE THE RIGHT ON A SINGLE OCCASION TO VETO THE DESIGNATION OF AN ARBITRATOR SO SELECTED. THE PARTIES WAIVE THE RIGHT TO RELY ON ANY STATE LAW OR STATUTE WHICH CREATES AN EXCEPTION TO ENFORCEMENT OF THE REQUIREMENT THAT DISPUTES BE RESOLVED PURSUANT TO ARBITRATION IN THE MANNER SET FORTH HEREIN.

IV. IN CONNECTION WITH ANY ACTION OR LEGAL PROCEEDING BROUGHT BY THE CUSTOMER IN U.S. JURISDICTION, THE PARTIES HEREBY SPECIFICALLY AND KNOWINGLY IRREMOVABLY AND FOREVER RELINQUISH AND WAIVE ANY RIGHTS THAT EITHER PARTY MIGHT HAVE TO DEMAND A JURY TRIAL.

V. WHERE THE CUSTOMER CHOOSES OR THREATENS TO BRING A CLAIM UNDER THIS CONTRACT (OR RELATED IN ANY WAY TO THE HOLIDAY), IN THE U.S. COURTS ANY ACTIONS AND PROCEEDINGS BROUGHT HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. IF THE RIGHT TO SEEK ARBITRATION IS FOR ANY REASON WAIVED BY BOTH PARTIES, OR IF JUDICIAL REVIEW OF ANY ARBITRATION DECISION IS SOUGHT, ANY ACTION OR LEGAL PROCEEDING TO ENFORCE ANY PROVISION HEREOF, OR BASED ON ANY RIGHT ARISING OUT OF, OR RELATING TO, THIS CONTRACT (OR WITH RESPECT TO ANY LEGAL CLAIM WHATSOEVER RELATED TO THE HOLIDAY (INCLUDING ANY CLAIM BASED ON TORT, CONTRACT OR ANY OTHER LEGAL THEORY)) SHALL BE BROUGHT EXCLUSIVELY IN THE COURTS OF THE STATE OF DELAWARE, OR, IF IT HAS OR CAN ACQUIRE JURISDICTION, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE, AND ALL OF THE PARTIES HERETO HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS AND OF THE APPROPRIATE APPELLATE COURTS IN ANY SUCH ACTION OR LEGAL PROCEEDING AND WAIVE ANY OBJECTION TO VENUE OR JURISDICTION IN CONNECTION THEREWITH.

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