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TERMS AND CONDITIONS - Tailor-made Groups & FIT

Groups & FIT proposals
For all Tailor-made Groups & FIT requests a quotation and outline of the tour is provided upon request - all hotels and services are suggested only and are based on availability at time of booking. If a hotel or service is not available, we reserve the right to substitute - this will not result in a change of price. A detailed dossier will not be provided until full payment is received.

1. THE CONTRACT

All persons wishing to make a booking must complete and sign the booking form. All such persons will be bound by the conditions which follow. The person or persons included on the booking form are hereafter referred to as the client. All bookings are made with G.A.P Adventures, "the company", which sells the tours described as sent to you by email or fax. These Terms and Conditions shall constitute the entire agreement between the company and the Client relating to the subject matter herein, and shall constitute a binding agreement. There is no verbal or written; representation, warranty, collateral agreement, prior agreement, description of services, or conditions, other than as expressed herein. The service to be provided is/are the tour(s) referred to in the booking form.

2. DEPOSIT REQUIREMENT  
  
(A) Deposit for G.A.P Adventure Tailor-made Groups/FIT - (excluding Antarctica)
The booking form must be completed and signed by all those who wish to travel. Any clients 60 years of age and over or with preexisting medical conditions are required to complete a G.A.P medical form which must be signed and dated by a physician. All booking forms should then be returned to the company or its agent with the applicable non-refundable deposit as follows:
A deposit is due upon booking ranging from a minimum of USD$200.00/CAD$200.00 to 10% of the total tour price and for some trips of 28 days or more USD$500.00/CAN$500.00, per person, per tour, (exact deposit requirements depend on the specific tour being purchased and will be confirmed at time of booking).
(B) Operator deposits - in addition to the GAP deposit, a deposit may be required by hotels or operators to block your space (exact deposits vary, depending on the tour booked and size of group). You will be advised if an additional deposit is required.

3. FINAL PAYMENT/ACCEPTANCE OF BOOKING

(A) Final Payment for G.A.P Adventure Tailor-made Groups/FIT - (excluding Antarctica)
Details of final payment will be sent to you. Acceptance of the client's booking must be confirmed in writing by the company. The balance of the tour price is due for payment 60 days before the departure date (unless otherwise staed). If this balance is not paid by this time the company reserves the right to treat the client's booking as cancelled.  If a booking is made 60 days or less before the departure date then the full amount is payable at the time of booking.

For any bookings made within 15 days of departure, there will be a USD$50/CAD$50 fee charged to the file. This late booking fee covers our additional costs for couriers, communication, and administration. 
If the client does not provide full passenger details within 30 days before departure, there will be a USD$50/CAD$50 fee charged to the file. Required information includes, passport number, copy of passport details and medical form (where applicable), full name, date of birth and nationality.

4. CANCELLATION BY THE CLIENT

Any cancellation by a client must be made in writing and acknowledged by G.A.P Adventures. The date on which the letter is received by the company or its agents will determine the cancellation charge applicable.
(A) Cancellation for G.A.P Adventure Tailor-made Groups/FIT - (excluding Antarctica)
The cancellation charges are expressed hereafter as a percentage of the total tour price, excluding insurance.
A. Cancellation more than 60 days before departure: Loss of deposit
B. Cancellation 60-30 days before departure: 50%
C. Cancellation less than 30 days before departure: 100%

5. CANCELLATION OF A TOUR BY THE COMPANY

The company reserves the right to cancel a tour for any reason, but will not cancel a tour less than 60 days before departure except for force majeure, unusual or unforeseen circumstances outside the company's control. When a tour is cancelled by the company the client may choose between a full refund of all monies paid or any alternative tour offered in lieu by the company. The company will not be liable however for any incidental expenses that you may have incurred as a result of your booking such as visas, vaccinations, non-refundable connecting flights or loss of enjoyment, etc. If the alternative tour chosen by the client is of a lower value than that originally booked then the client is entitled to a refund of the price difference. If the alternative tour chosen by the client is of higher price than that originally chosen then the client must pay the difference. G.A.P Adventures reserves the right to cancel a trip within 60 days of departure if the tour is not guaranteed.

6. UNUSED SERVICES

There will be no discounts or monies refunded for missed or unused services, this includes voluntary or involuntary termination, ie. sickness, death of a family member, etc.

7. PRICES AND SURCHARGES

We reserve the right to impose surcharges (or price decreases) up to 60 days before departure due to unfavorable changes in exchange rates, increases in air fares or other transport costs, increases in local operator costs, taxes, or if government action should require us to do so. Surcharges will be calculated according to the full extra cost compared to the costs and exchange rates. The company will be responsible for the first 2% increase in holiday price and the client will be responsible for the balance. If any surcharge results in an increase of more than 10% of the tour cost excluding insurance premiums the client may cancel the booking within 14 days of notification of the surcharge and obtain a full refund.  

8. FLEXIBILITY

The client appreciates and acknowledges that the nature of this type of travel requires considerable flexibility and should allow for alternatives. The outline itinerary as given for each tour must therefore be taken as an indication only of what each group may accomplish and not as a contractual obligation on the part of the company. It is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events, which may include sickness or mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, climate and other unpredictable or unforeseeable circumstances.

9. CHANGES

Changes made by the company: If the company makes a major change the company will inform the client as soon as reasonably possible if there is time before departure. The definition of a major change is deemed to be a change affecting at least one day in five of the itinerary. If the major change is due to force majeure or unforeseen circumstances no compensation is payable.

Transfer of name: If you are prevented from traveling on the tour you booked by circumstances such as those which would permit you to make a claim on a standard cancellation insurance policy, you may transfer your booking to another person, provided they meet all the requirements relating to that tour. Outside of 60 days, (90 days for Antarctica expeditions) before departure, administration fee of 10% of the total value of the tour will apply. Within 60 days, (90 days for Antarctica) name transfers are not permitted.

Amendments:   Within 60 days (90 days for Antarctica) of departure any amendments to a file will depend on availability and be on request basis. Any extra costs incurred will be charged. Any amendments made to a file within 60 days, (90 days for Antarctica), prior to departure will be subject to a USD$50/CAD$50 amendment fee. No amendments are permitted to your booking within 10 days of departure.
Note: scheduled airlines may impose 100% cancellation charges. 

10. ACCEPTANCE OF RISK

The client acknowledges that the nature of the tour is adventurous and that such holidays may involve a significant amount of personal risk. The client hereby assumes all such risk and does hereby release the company from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks.
            
11. AUTHORITY ON TOUR (for groups/FIT with a tour leader or local guides)

At all times the decision of the company's tour leader or representative will be final on all matters likely to endanger the safety and well being of the tour. Signing our booking form indicates the client's agreement to abide by the authority of the tour leader, who represents the company. The client must at all times strictly comply with the laws, customs, foreign exchange and drug regulations of all countries visited. If the client is affected by any condition, medical or otherwise, that might affect other people's enjoyment of the tour, the client must advise G.A.P Adventures at the time of booking. Should the client fail to comply with the above or commit any illegal act when on the tour or, if in the opinion of the tour leader, the client's behavior is causing or is likely to cause danger, distress or annoyance to others we may terminate that client's travel arrangements without any liability on the company's part.

12. TRAVEL DOCUMENTS

The client must be in possession of a valid passport (your passport must be valid 6 months past your return date), all visas, permits and certificates including vaccination certificates, insurance policies, required for the whole of the journey - the client accepts responsibility for obtaining these. Any information or advice given by the company on visas, vaccinations, climate, clothing, baggage, special equipment, etc is given in good faith but without responsibility on the part of the company.

13. FACTORS OUTSIDE THE COMPANY'S CONTROL (FORCE MAJEURE)

The company will do its best to minimize the effects of matters outside its control but cannot accept any liability for these matters which include political disputes, border closures, refusal of visas, industrial action, delayed or cancelled flights, unforeseeable climate, etc.

14. INSURANCE

It is mandatory that all clients have travel insurance with a minimum coverage of US$75,000 while travelling with G.A.P Adventures and this insurance must cover personal accident, medical expenses, repatriation expenses, and evacuation expenses. It is strongly recommended the coverage be extended to include cancellation, curtailment, loss of effects and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the client. When the client has taken travel insurance through the company, the client acknowledges that he or she is satisfied with the levels of insurance arranged by the company. Where he or she has not taken such insurance the client acknowledges that the price of the tour alone does not include the cost of any insurance. When obtaining travel insurance from a source other than the company the client must ensure the insurer is aware of the type of travel to be undertaken.

15. RESPONSIBILITY

All services herein are organized by G.A.P Adventures. Notice is hereby given that all arrangements made on behalf of customers are made by organizers on the sole condition that the organizers shall not be held responsible for any injury, death, accident, delay, loss, damage or irregularity which may be occasioned through acts of any company and/or persons engaged in carrying out the arrangements and G.A.P Adventures acts as an agent for transport companies, hotels and other contractors and shall not be held liable for any injury, damage, loss, delay or irregularity that may occur, including, but not limited to, any defect in a vehicle or any other form of conveying a traveller, acts of God, detention, delays or expenses arising from quarantine, strike, riots, theft, force majeure, civil disturbance, government restriction or regulation, accident by aircraft, boat, bicycle, motor vehicle or any other form of transport or in any hotel or guest house, pension, or other form of accommodation. The client acknowledges that the quality of the products organized by the company, including accommodations and all other services related to the tour which are organized by the company, are not within the control of the company and that in any event the quality of such products may be compromised by local conditions. Accordingly, the client hereby releases the company from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to the quality of such products. The information contained in this brochure is correct to the best of the company's knowledge and the company accepts no liability for any innocent inaccuracies contained herein. The company reserves the right to alter any itinerary in progress or service at any time without penalty to the company. Any additional expense or cancellation shall be borne by the customer. The organizer reserves the right to withdraw or refuse any service to any customer at the discretion of the organizer. Payment of deposit is taken as acknowledgement and agreement of the above items.

16. CLAIMS AND COMPLAINTS

If a client has a complaint against the company the client must first inform the tour leader or company representative whilst on the tour in order that the leader/representative can attempt to rectify the matter. If this does not resolve the complaint, the client should contact the company directly by telephone. If satisfaction is still not reached through these means then any further complaint must be put in writing to the company within 30 days of the end of the tour. The company will not accept any liability of claims received after this period.

17. NON G.A.P ADVENTURE TOURS
Some tours may be operated by a tour operator other than the Company. Notwithstanding any other provision of these Terms and Conditions, the Client acknowledges and agrees that the Company has no involvement in the organization of any non-G.A.P tour products and cannot be held liable for any loss, injury, claim, damage, delay, loss of enjoyment or irregularity associated with any non-G.A.P. tour product which has been booked by the Company at the request of the Client. The Client hereby acknowledges and agrees that the responsibility or liability of the Company in relation to a non-G.A.P tour product booked for the Client shall extend no further than the services required to effect an confirm the booking.

18. AIRLINES

The contents of this brochure do not commit the airlines mentioned therein, or any airline whose services are used in the course of any tour. The responsibility of the airlines is limited to the carriage of passengers and baggage in accordance with their conditions of carriage. Our responsibility in respect of air travel is similarly limited to the airlines' conditions of carriage. The airlines mentioned in the brochure may change from those specified, and G.A.P Adventures is not in a position to specify the type of aircraft to be used by any airline. The client cannot cancel the contract without penalty in the event of a change of aircraft operator, aircraft type or destination.

19. LOCAL CONDITIONS

Due to political and cultural differences, as well as generally tougher physical
conditions, travel to the areas we visit involves risks other than those we take in our daily lives. It is also the client's own responsibility to acquaint him/herself with all possible relevant travel information, including their own External Affairs Office and any other source available to him/her. The client acknowledges that his/her decision to travel to his/her chosen destination is made in light of consideration of this information, and accepts that he or she is willing to assume the personal risks attendant upon such travel.

20. OPTIONAL EXTRAS

These optional extras do not form part of the tour or contract. It is understood and accepted by the client that any assistance given by the tour leader or representative in arranging such optional extras does not render the company liable for such optional extras. Amongst others, such optional extras include rafting, sightseeing flights and other extras which are not included in the tour price.

21. SEVERABILITY

In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this Agreement or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.

22. SUCCESSORS AND ASSIGNS
These Terms and Conditions shall ensure to the benefit of and be binding upon the company and the Client and their respective heirs, legal personal representatives, successors and assigns.

G.A.P.'s TICO registration number is 4483475.