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.
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