Booking Agreement
Below are the details of the terms and conditions of the booking agreement. Please read them carefully. When you sign the booking form you (and any other person on whose behalf you book) agree to accept all of these conditions, you acknowledge that you have read the relevant trip details and understand the nature of the trip. You also warrant that the information given by you on the booking form is complete and true. A contract will exist as soon as we issue you our confirmation invoice. Note that we will not issue a confirmation invoice, and therefore no contract will exist, until we receive a fully-completed and signed booking form and a $500 non-refundable deposit for each and every member of any party. One World Trekking, Inc., is marketing and selling its own adventure trips and, in some cases, those of its overseas agents. Our overseas agents are responsible for all logistics and making all in-country arrangements for each and every trip. One World Trekking, Inc., is providing trip consultation to make sure you get on the right trip for your experience and physical abilities.
1. A non-refundable deposit of $500 for each person must be sent with the booking form. The deposits are non-refundable as we must pay our overseas agents this money to reserve your place(s) on the trip. We will, however, transfer your deposit(s) to another trip within the same calendar year. The balance of the tour price is due for payment 2 calendar months before the departure date. If you book less than 8 weeks before the departure date, full payment must be received before the booking can be accepted. If the balance is not paid in time we reserve the right to cancel your spot on the trip, and apply the cancellation charges outlined below.
2. Unless stated otherwise, our trips with set group departure dates have been costed based on a minimum group size. If this minimum is not reached and you still wish to go, we will contact our overseas agent to get a new price for a smaller group size. Typically, this will be a 5% increase over the regular trip price. Otherwise, we will cancel your trip. If we cancel your trip, your deposit(s) is fully refundable or we can transfer it over to another trip. Currently, we accept payment by credit card via our secure PayPal link. Payment is also accepted by personal check, cashier's check and wire transfer for deposits and final balances.
3. If you wish to switch to a different trip once confirmation has been issued, notification must be received at least 8 weeks before the departure date, and be accompanied by a payment of $100 to cover administration costs. This extra cost will still apply if we are unable to make the changes you have requested. Changes made within 8 weeks of departure will be treated as a cancellation of the original booking and the cancellation charges outlined below will apply.
4. If you wish to cancel your trip, this must be done in writing by the person whose name the trip is invoiced to. If we receive notice of the cancellation with more than 75 days to go before the departure date you will merely forfeit your deposit. After that date you will be liable for the following cancellation charges: (a) between 60 days and 75 days before the departure date: 50% of the trip price. (b) less than 60 days before the departure date: 100% of the trip price. Please note that if the reason for cancellation falls within the terms of your insurance policy, then any such charges will normally be refunded to you by the insurance company. The insurance premium is usually forfeited upon cancellation.
5. For our trips with set group departure dates, we reserve the right, in any circumstance to cancel your trip. However, in no case will we cancel your trip less than 4 weeks before the scheduled departure date. If we do cancel your trip, an alternative trip of a similar standard will be offered to you. If this is not acceptable any money paid by you will be refunded. We do not accept liability for any loss or damage arising out of any cancellation on any account whatsoever. This clause does not apply to any custom trips with private departure dates.
6. We will take all necessary precautions to make sure your baggage and personal effects are properly looked after while on trek. However, all baggage and personal effects are at all times at your risk, even when carried by porters. We will not be responsible for any loss, damage or accident to any luggage and property even when carried by porters or support vehicles. Please keep your baggage locked.
7. It is in the nature of a trip of this kind that arrangements and participants have to be flexible. The day to day agenda and ultimate goal of the trip are taken as aims and not as contractual obligations. It is a necessary condition of your joining any of our trips that you accept this flexibility, and that you also accept that we can not be held responsible for delays or alterations in the program, or for expenses incurred, due to international or internal flight cancellations, automobiles and other means of conveyance, strikes, sickness, weather and other forces of nature, war, quarantine, force major, political closures and disputes. You will be responsible for any such expenses incurred, which, depending on the circumstances, may be recoverable on your insurance.
8. On a trip of this nature, it is necessary for you to abide by the authority of the Trip Leader, whether this is a Western Leader or one of our Local Leaders. The decision of the leader as to the conduct, itinerary and objectives of the trip is final. Signing the booking form signifies your agreement to this. If in the opinion of the leader your behavior or physical condition is detrimental to the safety, welfare and well-being of the group as a whole (which are the paramount considerations), or if (in consultation with the trek doctor if there is one) the leader considers your general well-being will be put at risk by continuing with the trip, you may be asked to leave the trip without the right to any refund.
9. Your booking is accepted on the understanding that you realize and accept the potential risks and hazards that can be involved in trips of this kind, up to and including death. Therefore you must carefully read the following LIABILITY RELEASE AGREEMENT before signing below.
a) I understand and hereby acknowledge that there are inherent and other risks involved in trips and activities of this kind and I freely and voluntarily assume those risks.
b) I agree to hold harmless and indemnify One World Trekking, Inc., and any of their guides, leaders, agents, employees, officers, directors, owners, associates, affiliated companies, manufacturers of equipment, and subcontractors, for any loss or damage, including any that results from any claim for personal injury, death, or property damage. I do hereby expressly agree to defend the above-named parties against any kind of liability, actions, causes of action, debts, suits, claims, and demands of any kind whatsoever, including attorney's fees, which I or my heirs, assignees, successors, or legal representatives may now have or which may hereafter arise out of or in connection with my trip or participation in activities arranged for me by the above-named parties.
c) I hereby release and forever discharge, One World Trekking, Inc., and any of their guides, leaders, agents, employees, officers, directors, owners, associates, affiliated companies, manufacturers of equipment, and subcontractors, from any and all liabilities for damage and injury or death to myself from any claim based upon negligence, recklessness, breach of warranty, contract or other legal theory, accepting for myself, my heirs, assignees, administrators, executors, and all members of my family, including minors accompanying me, full responsibility for any and all such damage, injury or death which may result.
d) The terms of this agreement shall also include, but not be limited to, a covenant not to sue or make a claim against any of the above-mentioned parties.
e) The terms of this agreement shall be binding upon me, my heirs, assignees, and executors and all members of my family, including minors accompanying me.
f) This agreement shall be construed in accordance with and governed by the laws of the State of Colorado , without reference to choice of law rules. Further, I hereby covenant and agree that this agreement may be enforced in and I do hereby submit to the exclusive jurisdiction and venue of any court having subject matter jurisdiction located in the County of Garfield, State of Colorado and in the United States Court for the District of Colorado, in the event any litigation concerning this Agreement, regardless of where this agreement is executed.
10. Medical vaccinations and other preliminary arrangements including all visa procurements are entirely your responsibility and we accept no responsibility in the event that these are not completed in time for departure.
11. To take part in one of these trips you MUST be covered by insurance, which must include the cost of medical expenses, repatriation and helicopter evacuation rescue if you become too ill to continue. We recommend an insurance scheme, which is designed to cover these types of trips, and we strongly recommend you to use it. We reserve the right to cancel your booking at any time before departure if we are not satisfied that adequate insurance for you is in place.
12. No refund or compensation will be made or given for any unused hotel accommodation, air tickets or any other unused service or feature of the tour.
13. Any flights forming part of your trip will be subject to the General Conditions of Carriage and Conditions of Contract of the airline concerned, to which attention will be drawn on the airline ticket. Such flights will also be subject to international law, which often limits the airlines liability to passengers in respect of death or bodily injury, delay and loss or damage to baggage. We reserve the right to substitute alternative carriers and/or aircraft types if necessary.
14. Neither One World Trekking, Inc., nor any of its overseas agents will entertain any complaint unless written notice is received by One World Trekking, Inc. or the overseas agent operating the trip within 28 days of the end of the trip.
15. When you sign the booking form you (and any other person on whose behalf you book) agree to accept all these conditions, you acknowledge that you have read these Booking Conditions, the trip dossier and understand the nature of your trip and what it involves and you warrant that the information given by you on the booking form is complete and true.