CONDITIONS OF CARRIAGE
THESE CONDITIONS OF CARRIAGE GOVERN THE RELATIONSHIP, RESPONSIBILITIES AND LIABILITIES AS BETWEEN THE PASSENGER AND THE CARRIER AND ARE BINDING. THEY AFFECT YOUR LEGAL RIGHTS TO SUE, GOVERNING LAW, FORUM AND JURISDICTION AND CONTAIN CERTAIN LIMITATIONS OF LIABILITY, INCLUDING LIMITATIONS RESPECTING INJURY TO OR DEATH OF PASSENGERS AND LOSS OF OR DAMAGE TO LUGGAGE. PLEASE READ ALL OF THESE TERMS AND CONDITIONS CAREFULLY. BY ACCEPTING AND USING THIS TICKET, ALL PASSENGERS AGREE TO ACCEPT AND TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.
1. DEFINITIONS
"Ticket" means this entire document including all its terms and conditions of carriage. "Carrier" means the owner and/or any charterer and/or operator and/or manager of the Vessel or any other person, to the extent that it acts as carrier or performing carrier (in accordance with the definition provided in the Athens Convention).
"Luggage" means any property belonging to or carried by any Passenger brought on board the Vessel, including baggage, packages, suitcases, trunks, effects, articles, cabin luggage, hand luggage, articles worn by or carried by the Passenger, or deposited with the purser for safe custody, vehicles and any other property whatsoever. "Vessel" means the vessel named in the ticket, invoice, or other similar document issued by the Organizer or any substituted vessel owned and or chartered and or operated and or managed and or controlled by the Carrier. "Organizer" means the party with which the Passenger has entered into a contract for the cruise and/or a Package as defined under the Council Directive 90/314/EEC of 13 June 1990 on Package Travel, Package Holidays and Package Tours. or other relevant legislation or regulations.
"Passenger" includes every person purchasing, accepting or using the ticket on their own behalf or on behalf of others in their care including minors and persons with a disability for whom a Passenger is responsible.
2. CRUISE TICKET
The cruise ticket includes the following services: all water transportation aboard the Vessel and the Vessel's tenders, ship accommodation, expedition leader and lecturers or local guides, lectures, videos, slide and film shows or other educational means, all meals, access to public viewing areas, and all shore excursions. The following items are not included in the cruise ticket: airfare and air taxes, passport, visa and custom fees, ground handling fees, ground transfer costs, additional hotel accommodation, laundry, postage, drinks, medical expenses, travel insurance, communication cost, and gratuities to staff and crew.
3. NON-TRANSFERABILITY
The Carrier agrees to carry the person(s) named on the ticket on the date and vessel for the specific voyage and cabin type indicated, or any substitute vessel, and is NOT TRANSFERABLE.
4. EMBARKATION
The Passenger is required to be on board the Vessel at least one hour before departure or earlier if advised by Carrier. Enhanced security procedures may require additional time. At the time of embarkation the Passenger is responsible for having received all medical inoculations necessary for the voyage and having in his/her possession this Ticket, valid passport, visas, proof of insurance purchase and including adequate coverage (as per section 5), medical card and other documents necessary for scheduled ports of call and disembarkations. If Passenger fails to do so, then the Carrier shall have no further obligation to transport or to furnish transportation to Passenger.
The Carrier shall not be liable to refund Passenger’s fare or for any other damages or expenses or consequential losses if the Passenger is prohibited from boarding due to lack of proper documents. The Carrier reserves the right to check and record details of such documentation. The Carrier makes no representation and gives no warranties as to the correctness as to any documentation, which is checked. Passengers are advised to consult their travel agent or the appropriate governmental authority concerning required documentation for travel. The Passenger shall indemnify the Carrier for all penalties, fines, charges, losses and expenses imposed upon or incurred by Carrier due to the Passenger’s failure to have proper documentation or otherwise comply with applicable laws or regulations of any kind, or imposed by governmental authorities including requirements relating to immigration, customs and excise. Any stamps on tickets, customs, excise or other taxes or fines on Passenger or Carrier resulting from the Passenger’s conduct, embarkation expenses, and all expenses of such a nature are to be paid by Passenger.
Passengers will be required to register a valid credit card or payment method at the Purser’s desk upon embarkation for charges incurred during the voyage.
ISPS Regulations may require all passengers boarding the ship to be issued a picture ID. Your digital picture may be taken and your ID issued during the embarkation process.
A passenger shall not have the right to exclusive occupancy of a cabin with two (2) or more berths unless he has paid supplement for exclusive occupation. The Carrier reserves the right to transfer the Passenger from one cabin to another.
If the Vessel is delayed by any cause whatsoever beyond the Carrier’s control, the Carrier shall be entitled to charge Passengers for their maintenance at current rates for every day of the delay.
If for any reason whatsoever Passengers remain onboard after the arrival of the Vessel at their port of destination, the Carrier will require Passengers to pay for their maintenance at current rates for every night they remain onboard.
5. INSURANCE
It is mandatory that all Passengers obtain and have travel insurance with a minimum coverage of US$200,000 while traveling with the Carrier. Such insurance must cover personal injury, medical expenses, loss of or damage to luggage, repatriation expenses, and evacuation expenses. Passengers must be able to provide proof of Insurance purchase and adequate coverage as per the required amounts above if requested by the Vessel’s officers, personnel or Carrier’s representative. It is strongly recommended the coverage be extended to include cancellation, curtailment, all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Passenger.
6. BAGGAGE, VALUABLES AND OTHER POSSESSIONS
Each Passenger may bring aboard the Vessel a reasonable amount of clothing and personal effects without charge. Each passenger is allowed the equivalent of two suitcases, (we strongly suggest the use of a backpack or a soft duffel bag), and two items of hand luggage. The passenger shall be charged for baggage in excess at the carrier’s current rate. The carrier reserves the right to refuse carriage of excess baggage.
All baggage must be securely packed and distinctly labeled with the Passenger's full name, the name of the Vessel, the cabin number of the Passenger and the sailing date of the Vessel. Under no circumstances may dangerous articles such as firearms, explosives, oxygen or combustible or illegal substances be taken aboard the Vessel.
Pets and other animals are not allowed on board the Vessel.
Hand or unlocked baggage, breakables and valuables, including but not limited to jewelry, money, precious stones, trade equipment, computers, photographic equipment or other electronics, securities, financial instruments and/ or tickets, must be hand-carried by Passengers on and off the Vessel, and may not be included with check- in baggage. The Carrier shall not be responsible for loss of or damage to such items.
7. LIABILITY FOR DEATH, INJURY AND/OR LOSS OF, OR DAMAGE TO LUGGAGE
The liability (if any) of the Carrier for death and/or personal injury to Passengers and/or the loss of or damage to Luggage during the passage shall be determined in accordance with The Convention relating to the Carriage of Passengers and their Luggage by Sea adopted at Athens on the 13 day of December 1974 and Amended on the 19 December 1976 (hereinafter "The Athens Convention").
The provisions of The Athens Convention are hereby expressly incorporated into the Conditions of Carriage. A copy of the Athens Convention is available on request and may be downloaded from the Internet at http://www.imo.org/Conventions/contents.asp?topic_id=256&doc_id=663
It is presumed under the Athens Convention that the Carrier has delivered Luggage undamaged to a Passenger unless written notice is given by the Passenger within the following periods: i) In the case of apparent damage before or at the time of disembarkation or redelivery. ii) In the case of damage which is not apparent or loss of luggage within 15 days from the disembarkation or delivery of from the date and such redelivery should have taken place.
The Carrier is not liable for loss of or damage to cash, negotiable security, jewelry, ornaments, works of art or any other valuables unless deposited with the Carrier specifically for the purposes of safekeeping. In those circumstances the Carrier’s liability will still be limited to the amounts payable under The Athens Convention to 1200 SDR’s. Safe deposits in cabins are not deposits with the Carrier pursuant to the Convention.
The liability of the Carrier, his servants and or agents shall, subject to any deductibles, be limited by virtue of the Athens Convention in respect of death and/or personal injury to 46,666 SDRs (approximately €57,000) per passenger per carriage). Loss of or damage to cabin luggage to 833 SDRs; luggage other than cabin luggage 1200 SDRs; valuables deposited with the Carrier 1,200 SDRs. per Passenger per Carriage.
The Carrier will only be liable in relation to death or personal injury and/or loss or damage to luggage in the event that the Carrier and/or its servants or agents are guilty of "fault or neglect" as required by Article 3 of The Athens Convention.(g) Any damages payable by the Carrier shall be reduced in proportion to any contributory negligence by the Passenger as provided in Article 6 of the Athens Convention.
In addition, the Carrier shall have the full benefit of any applicable laws providing for limitation and/or exoneration of liability (including without limitation, Law and/or the laws of the Vessel’s flag in respect of liability of/or the global limitation on damages recoverable from the Carrier and nothing in these Conditions of Carriage is intended to operate to limit or deprive the Carrier of any such statutory or otherwise limitation or exoneration of liability. The servants and/or agents of the Carrier shall have the full benefit of all such provisions relating to the limitation of liability.
The responsibility of the Carrier is limited to the period(s) while the Passenger and/or his or her Luggage are on board the Vessel and/or any tenders and/or property owned or being operated by the Carrier.
The time in which a claim may be brought under the Convention is limited to a period of 2 years from the date of disembarkation and or as set out in Article 16 of the Athens Convention.
Without prejudice to the provisions of clauses a to j hereof, if any claim is brought against the Carrier in any jurisdiction where the applicable exemptions and limitations incorporated in these Conditions of Carriage are held to be legally unenforceable, then the Carrier shall not be liable for death, injury, illness, damage, delay or other loss or detriment to person or property arising out of any cause of whatsoever nature not shown to have been caused by the Carrier's own negligence and or fault and neglect.
The Carrier is not liable for or in connection with or arising out of any acts or omissions of any kind of any independent sub-contractors on board the Vessel and/or ashore.
The Carrier shall not be under any liability in respect of any claim whatsoever unless written notice of the claim is presented to the Carrier within six months from the date on which the claim arose and unless a suit or action is brought within one year from that date (with the exception of claims brought under the Athens Convention which shall be brought within a two-year period specified in Article 16 of the Athens Convention). After the expiry of the said period any suit or action shall be time-barred.
The Conditions of Carriage including limitation of liability are applicable to any shore excursions purchased from and or provided by the Carrier.
Settlements of reimbursable claims for lost luggage will be made on the basis of actual cash value (replacement cost, less depreciation). Settlements of reimbursable claims for damaged items will be on the basis of cost of repair or replacement, whichever is less. No amount shall be paid in settlement of any claim without proof of the actual cash value or repair cost as appropriate arising from the loss or damage. A written claim for loss of or damage to luggage must be made to Carrier before the Passenger leaves the debarkation area to enable the Carrier to investigate any damage and to conduct a search for claimed lost luggage. The Carrier shall not be responsible for any such loss or damage which is not so reported. Liability, if any, for loss or damage to luggage occurring elsewhere than on board the vessel in connection with air, car, motor coach, ground transfers, porters, stevedores and/or hotels shall rest solely with the person or entity providing such services and the Passenger agrees that the Carrier does not guarantee the performance of such services and shall not be liable in any respect or capacity for any such loss or damage.
8. ITINERARY / RIGHT TO CHANGE / DETENTION
At any time before or after commencement of the voyage and whether or not the Vessel may have deviated or have proceeded beyond the port of destination, the Carrier may by notice in writing to the Passenger or by advertising in the press or by any other suitable means terminate the cruise if the performance or further performance is hindered or prevented by causes beyond the control of the Carrier or if the Master or the Carrier consider that such termination is necessary for the management and/or safety of the Vessel.
The Carrier visits a large number of ports in numerous countries around the world. The Carrier reserves the right at its sole option and discretion, without any liability for damages or refund of any kind, to deviate from the Vessel's advertised or ordinary itinerary or route, to delay, advance or lengthen any sailing, to omit or change ports of call, to arrange for substantially equivalent transportation by another vessel and/ or by other means of transportation, whether belonging to Carrier or not, and to cause the Passenger to disembark from the Vessel temporarily or permanently.
The Cruise Ship’s operation is subject to weather conditions, mechanical problems, vessel traffic, government intervention, duty to assist other vessels in distress, assistance of other vessels in distress, availability of berth facilities, and other factors which may be beyond the Carrier’s control.
The Carrier or the Master shall have the liberty to comply with any Order or Directions as to departure/arrival routes, ports of call, stoppages, trans-shipment, discharge or destination or otherwise given by any government or any department or by any person acting or purporting to act with the authority of any government or any department thereof or by any war risks insurance association working under any government scheme in which the Vessel may be entered. Nothing done or not done under such orders or directions shall be deemed a deviation in law.
Any dates and/or times specified in any timetables or otherwise which may be issued by the Organizer and/or the Carrier are only approximate and may be altered by the Carrier at any time and to such extent as is considered necessary in the interest of the voyage as a whole.(f) While the Carrier endeavors to provide reasonable protection for the Passengers’ comfort and safety onboard its ships, the Carrier cannot guarantee freedom from all risks associated with war, terrorism, crime or other potential sources or harm. The Carrier reminds all passengers that they must ultimately assume responsibility for their actions while ashore. All shore excursions or other excursions undertaken as part of the cruise (including transfers and all other matters incidental to such excursions) will be undertaken at the passenger’s sole risk and the Carrier will have limited liability to the passenger for any loss or damage in respect to such excursions.
For purposes of assisting other vessels or protecting life or property, the Master of the Vessel has the right, at his sole discretion, to deviate from the Vessel's advertised or ordinary itinerary or route, to delay, advance or cancel any sailing, to omit or change any ports of call, to tow or to be towed, to transfer the Passenger and the Passenger's luggage to any other vessel and or other means of transportation whether belonging to Carrier or not, to cause the Passenger to disembark the Vessel temporarily or permanently, and the Passenger shall have no claim against the Carrier in such circumstances.
The Carrier reserves the right, without incurring liability of any kind, to refuse or revoke passage to, or confine to a stateroom, any Passenger who in Carrier's sole judgment may be refused admission into a port of landing or into the country of destination, or for any other cause may endanger themselves or others, or is causing or is likely to cause distress or annoyance to others. Any Passenger who is refused passage or otherwise denied any advertised benefit or service under this paragraph shall not be entitled to receive any compensation whatsoever and shall become liable for any resulting expenses incurred by the Carrier.
9. FORCE MAJEURE
The Carrier shall not be liable in any way to the Passenger for death, bodily injury, illness, damage, delay or other loss or detriment to person or property or for the Carrier's failure to commence, perform and/ or complete any duty owed to the Passenger if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, terrorist activities or threat thereof, civil commotions, labor difficulties, whether or not the Carrier is a party thereto, interference by authorities, requisitioning of the Vessel, political disturbance, inability to secure or failure of supplies, perils of the sea, collision, foundering of the Vessel, explosion, breakdown or failure of or damage to the Vessel or its hull, machineries or fittings, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, or any other cause whatsoever beyond the reasonable control of the Carrier.
10. HEALTH AND SECURITY / INDEMNIFICATION BY PASSENGER
The Passenger represents and warrants that the Passenger is physically and otherwise fit to travel; that he will at all times comply with Vessel's rules and regulations and orders and directions of the Vessel's officers, Expedition Leaders and medical staff, that his conduct will not impair the safety of the Vessel or inconvenience other passengers.
Any passenger with a condition that may affect his fitness to travel must submit a physician's certificate prior to departure.
If it appears to the Carrier, the Master or the Cruise Ship's Doctor that a Passenger is for any reason unfit to travel, likely to endanger health or safety, or likely to be refused permission to land at any port, or likely to render the Carrier liable for Passenger maintenance, support or repatriation, then The Carrier or the Master shall have the right to take any of the following courses: (i) Refuse to embark the Passenger at any port; (ii) Disembark the Passenger at any port; (iii) Transfer the Passenger to another berth or cabin; (iv) If the Cruise Ship doctor considers it advisable, to place him/or confine him in the Cruise Ship's Hospital or to transfer the Passenger to a health facility at any port, at the Passenger's expense (v) to administer first aid and administer any drug, medicine or other substance or to admit and/or confine the Passenger to a hospital or other similar institution at any port provided that the ship’s doctor and/or Master considers that any such steps are necessary.
Where a Passenger is refused embarkation as a result of health and or fitness to travel, the Carrier shall not be liable for any loss or expense occasioned to the Passenger thereby, nor shall the Passenger be entitled to any compensation from the Carrier.
Not all areas or equipment on the Vessel are accessible or suitable for access to physically challenged persons.
The Carrier reserves the right to refuse passage to anyone who has failed to notify it of such disabilities or who in the Carrier’s and or Master’s and or Cruise Doctor’s opinion is unfit or unable to travel or anyone whose condition may constitute a danger to themselves or others onboard.
Passengers who need assistance and/or have special requests or need special facilities or equipment must notify the Organizer at the time of booking. The Carrier is not obliged to provide any assistance or meet special requests unless the Carrier has agreed to do so in writing.
Those Passengers physically challenged must be accompanied by a travelling companion fit and able to assist them. The ship’s wheelchairs are available for emergency use only.
Any Passenger who embarks, or allows any other Passenger for whom he or she is responsible to embark, when he or she or such other Passenger is suffering from any sickness, disease, injury or infirmity bodily or mental or to his or her knowledge has been exposed to any infection or contagious disease, or for any other reason is likely to impair the health, safety or reasonable comfort of other persons onboard or for any reason is refused permission to land at his or her port of destination shall be responsible for any loss or expense incurred by the Carrier or the Master directly or indirectly in consequence of such sickness, disease, injury, infirmity, exposure or refusal or permission to land unless in the case of sickness, disease, injury, infirmity or exposure the same has been declared in writing to the Carrier or the Master before embarkation and consent in writing of the Carrier or the Master to such embarkation has been obtained.
Pregnant women are highly recommended to seek medical advice prior to travel at any stage of their pregnancy. Women who are up to 24 weeks pregnant at the end of the cruise are required to produce a medical certificate of fitness to travel. The Carrier cannot for health and safety reasons carry pregnant Passengers of 24 weeks or more at the time of embarkation. The Carrier reserves the right to request a medical certificate at any stage of pregnancy and to refuse passage if the Carrier and/or the Master and or the Cruise Doctor are not satisfied that the Passenger will be safe during the passage.
Failure to inform the Carrier and the Vessel’s doctor of pregnancy will release the Carrier from any liability to the pregnant Passenger.
The ship’s doctor is not qualified to deliver babies onboard or to offer pre or post natal treatment and no responsibility is accepted by the Carrier in respect of the ability to provide such services or equipment.
If any condition affecting fitness to travel and or requiring medical attention arises after the cruise is booked, the Passenger is required to advise the Carrier in writing immediately. Failure to advise the Carrier as required hereunder shall release the Carrier and all personnel aboard the Vessel from any liability related to such condition or its treatment.
The Passenger hereby consents to a reasonable search being made of the Passenger's person, luggage or other property and to the removal and confiscation or destruction of any object which may, in the opinion of the Carrier, be illegal, impair the safety of the Vessel, or inconvenience other Passengers.
The Passenger shall indemnify the Carrier for all penalties, fines, charges, losses or expenses incurred or imposed upon the Carrier or the Vessel by virtue of any act or violation of law of the Passenger.
11. MINORS
The Carrier is unable to accommodate children under 10 years of age at the date of travel and reserves the right to restrict the number of those under eighteen years of age aboard the Expedition Vessel.
Each child under the age of eighteen must be accompanied by an adult over the age of twenty-one. The ratio of adults to children traveling together must be one adult per two children and two adults per four children (seventeen and under). If the adult accompanying this child is not a parent, a "Parental Consent Guardianship Form" must be signed by a parent or legal guardian and received by Carrier prior to sailing.
12. INDEPENDENT CONTRACTOR / SHORE TOURS / LIMIT OF LIABILITY
Tours, including pre- cruise, post- cruise and other shore excursions including hotels, restaurants and transportation, whether by vessel, air, rail, land or other means, not owned or operated by Carrier are not under the operation or control of Carrier, and the Carrier makes no representation of any kind as to them, and takes no responsibility for them.
The Passenger shall have no right to any refund and Carrier shall have no obligation or liability of any kind to the Passenger for acts or omissions in connection with or arising out of arrangements with independent contractors since they are not agents or employees of Carrier. Arrangements with independent contractors include, but are not limited to the following: (b-1) services or products available for the Passenger's convenience on board the Vessel and furnished by doctor(s), photographer(s), entertainer(s), instructor(s), shopkeeper(s), lecturer(s) and others; (b-2) services, products or transportation provided elsewhere than aboard the Vessel which are furnished by others in connection with sight- seeing tours, pre- cruise and post- cruise tours, excursions and shore trips, including, but not limited to tender service, whether arranged or organized by tour operators, travel agents or Carrier.
The independent contractors shall be entitled to charge for any products sold, services rendered or transportation provided to the Passenger either directly or through Carrier.
Each Passenger agrees that all rights, exemptions from liability, defenses and immunities of whatsoever nature referred to in these Conditions of Carriage which are applicable to Carrier and the Vessel, shall in all respects inure also for the benefit of any servant, agent or independent contractor of the Carrier acting in the course of or in connection with their employment so that in no circumstances shall any such servant, agent or independent contractor as the result of so acting be under any liability to any such Passenger different from or higher than that of the Carrier. Any acceptance by the Carrier of payment for any such services is done only as a convenience to the Passenger and shall not modify the limitations or disclaimer of agency stated herein.
13. NON-LIABILITY FOR MEDICAL TREATMENT
The Carrier does not undertake that a physician or medical personnel will be aboard the Vessel. If the Vessel does carry a physician or medical personnel, then they are independent contractors and work directly for the Passengers. Any physician or other medical personnel that renders emergency treatment and/or performs medical or surgical services, does so at the rates fixed in the "Schedule of Physician’s Charges" posted aboard the Vessel or as otherwise agreed to, or in the absence thereof, then at customary rates.
All Passengers are required to complete and submit a medical form 90 days prior to departure for Expedition Travel to Antarctica. Passengers to non-Antarctic destinations with pre-existing medical conditions are required to have the medical form signed and dated by a physician and submitted 90 days prior to departure. Failure to submit such a form may result in the Passenger being denied boarding.
If, in the opinion of the Carrier, a Passenger in need of medical or surgical services is unable to request it, the Passenger hereby expressly consents to such treatment, if any, and to pay the cost thereof charged by the Vessel’s physician or other physician or medical personnel designated by the Carrier who in doing so is acting on behalf of the Passenger.
All medicines and all medical or surgical services furnished by the Vessel’s physician, if any, or any other physician or medical personnel (all of whom are engaged by the Passenger as independent contractors) or ship’s officers, employees or agents of the Carrier, shall be and are accepted by and at the Passenger’s sole risk and expense, and the Carrier shall not be responsible for the quality, nature or consequence thereof.
Neither the carrier, nor the Vessel’s physician, if any, has any obligation to examine any Passenger for any purpose prior to boarding or sailing.
It is the Passenger’s obligation and responsibility to seek medical assistance from the qualified doctor onboard the Vessel as and when necessary during the cruise.
The cruise ship’s doctor is not a specialist and the ship’s medical centre is not required to be and is not equipped to the same standards as a land-based hospital. The Vessel carries medical supplies and equipment as required by its flag state. Neither the Carrier nor the doctor shall be liable to the Passenger as a result of any inability to treat any medical condition as a result.
In the event of illness or accident, Passengers may have to be landed ashore by the Carrier and/or Master for medical treatment. The Carrier makes no representations regarding the quality of medical treatment at any port of call or at the place at which the Passenger is landed.
Passengers are advised to ensure that their insurance covers medical treatment.
The Carrier accepts no responsibility whatsoever in relation to medical facilities provided ashore.
Medical facilities and standards vary from port to port and the Carrier makes no representations or warranties in relation to such standards ashore.
14. PAYMENTS BY THE PASSENGER AND EXTRA EXPENSES
Any and all payments for on board goods and or services shall be paid by the Passenger to Carrier in the currency of the United States of America or such other currency acceptable to Carrier. All charges for services and products provided on board the Vessel must be settled in cash or charged (via credit card acceptable to the Carrier) before the Passenger's final disembarkation from the Vessel. Any other expenses incurred by the Passenger or by Carrier on behalf of the Passenger shall be payable by the Passenger on demand. The Passenger shall be liable to and shall reimburse the Carrier for all damages to the vessel and its furnishings and any equipment or property of the Carrier caused directly or indirectly, in whole or in part, by any act or omission of the Passenger, whether accidental, willful or negligent. The Passenger shall further indemnify the Carrier and each and all of their agents or servants against all liability whatsoever arising from any personal injury, death or damage or loss whatsoever caused, directly or indirectly, in whole or in part, by any willful or negligent act or omission on the part of the Passenger.
15. NO GENERAL AVERAGE
Passenger shall neither pay nor receive any general average contribution with respect to any property.
16. NO EMOTIONAL DAMAGES
The Carrier shall not be liable to the passenger for damages for emotional distress, mental suffering/anguish or psychological injury of any kind under any circumstances, except when such damages are caused by the negligence of Carrier and resulted from the same passenger sustaining actual physical injury, or having been at risk of actual physical injury, or when such damages are intentionally inflicted by the Carrier.
17. NOTICE OF CLAIMS AND TIME LIMITS
The Carrier shall be under no liability whatsoever in respect of any claim arising from an accident which was not reported by the Passenger to the Master whilst onboard the Vessel in accordance with the Conditions of Carriage or at all.(b) The Carrier shall not be liable for any claims whatsoever for personal injury, illness or death of the Passenger, unless full particulars in writing are given to the Carrier within 185 days after the date of the injury, event, illness or death giving rise to the claim. Claims for personal injury or illness sustained onboard the Vessel must include the medical report issued at the time of the personal injury, event or illness by the onboard physician or medical personnel. Claims for personal injury or illness sustained onboard the Vessel that do not have an accompanying medical report will not be maintainable. Suit to recover on any such claim shall not be maintainable unless filed within two years after the date of disembarkation in accordance with the Athens Convention and unless served on the Carrier within 120 days after filing.
The Carrier shall not be liable for any claims whatsoever, other than for personal injury, illness or death of the passenger, unless full particulars in writing are given to the Carrier within 30 days after the Passenger is landed from the Vessel or in the case the Voyage is abandoned, within 30 days thereafter. Suit to recover on any claim whatsoever other than for personal injury, illness or death and or loss of and or damage to luggage shall not be maintainable unless filed within six months after the date the Passenger is landed from the Vessel or in the case the Voyage is abandoned, within six months thereafter, and unless served upon Carrier within 120 days after filing.
The Carrier shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by the Carrier nor for any intentional or negligent acts of the Carrier’s employees committed while off duty or outside the course and scope of their employment.
18. LAW AND JURISDICTION
ALL claims suits and litigation of any kind whether against the Carrier and or the Vessel in rem or otherwise shall be brought in Canada.
These Conditions of Carriage shall be governed by the laws of Canada.
Each party hereto irrevocably submits to the exclusive jurisdiction of the Federal Court of Canada, at Toronto, Canada in respect of any action, proceeding or litigation of any kind relating in any way to the passenger and or his luggage and or carriage on board the Vessel.
19. INTERPRETATION
Should any provision, or portion of any provision, of these Conditions of Carriage be contrary to or invalid by virtue of the law of any jurisdiction or be so held by a court of competent jurisdiction, such provision shall be deemed to be severed from this Ticket and of no force and effect and all remaining provisions herein shall continue to be in full force and effect. The headings of this Ticket are for convenience of reference only and shall not define or limit any of the terms or provisions hereof. Whenever the context so requires, references to the male gender shall include references to the female, and references to the singular shall include the plural and vice-versa.
20. WARRANTIES/ CONSEQUENTIAL DAMAGES EXCLUDED
All warranties including warranties of fitness for use and merchantability are expressly excluded from this ticket the Carrier shall under no circumstances be liable for any indirect, special or consequential damages of any kind whatsoever.
21. WRITTEN NOTICES
Except as otherwise expressly provided in this Ticket, all written notices required by this Ticket must be mailed, postage prepaid, to G Adventures Inc., 19 Charlotte St., Toronto, Ontario, Canada M5V 2H5.
22. ENTIRE AGREEMENT
The provisions of this ticket govern the entire relationship between the Passenger and the Carrier. The Passengers acceptance of this ticket constitutes the Passengers consent to these provisions. These provisions supersede any oral or written representations. Any change in these provisions must be in writing and signed by the President of the Carrier.
Booking Terms
1. THE BOOKING CONTRACT
Your booking is confirmed and a contract exists when the Tour Operator or your travel agent issues a written confirmation after receipt of the applicable deposit amount. Please check your confirmation carefully and report any incorrect or incomplete information to the Tour Operator or authorized agent immediately. Please ensure that names are exactly as stated in the relevant passport.
You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to the Tour Operator.
2. BOOKING ON BEHALF OF OTHERS
By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your Tour booking, notifying the Tour Operator or your travel agent if any changes or cancellations are required and keeping your party informed.
By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and the Tour Operator will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.
3. REQUIRED MEDICAL INFORMATION
You must provide any medical information reasonably requested by the Tour Operator and may be required to complete the Tour Operator’s medical information form (the “Medical Form”), available on the Tour Operator’s website at http://www.gadventures.com/medical_form.
Medical Forms are mandatory for certain Tours. If you have any pre-existing medical conditions which may impact your ability to travel, participate in a Tour, travel to remote areas without access to medical facilities or may adversely affect the experience of others on your Tour, you must return a Medical Form, signed by a licensed and practicing physician to the Tour Operator prior to or at the time of final payment for the applicable booking.
You agree to complete the Medical Form honestly and to disclose all relevant medical information accurately and fully. The Tour Operator will maintain the information in accordance with the Tour Operator’s Privacy Policy available at https://www.gadventures.com/terms-conditions/privacy/.
The Tour Operator reserves the right to request further information or professional medical opinions where necessary, as determined in its discretion, for your safety or the safe operation of a Tour.
The Tour Operator reserves the right to deny you permission to travel or participate in any aspect of a Tour at any time and at your own risk and expense where the Tour Operator determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others.
Pregnancy is considered a medical condition and must be disclosed to the Tour Operator at the time of booking. The Tour Operator may refuse to carry women who are over 24 weeks pregnant. The Tour Operator may refuse to carry anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged.
In the event that you do not complete the required Medical Form or provide medical information reasonably required by the Tour Operator for any reason by the deadline indicated above, the Tour Operator reserves the right to cancel your booking and all applicable cancellation fees will apply.
You are responsible for assessing whether a Tour is suitable for you. You should consult your physician to confirm your fitness for travel and participation in any planned activities. You should seek your physician’s advice on vaccinations and medical precautions. The Tour Operator does not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the Tour based on your own unique circumstances, limitations, fitness level and medical requirements.
Travel with the Tour Operator may involve visiting remote or developing regions, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country. The condition of medical facilities in the countries you may visit on your Tour varies and the Tour Operator makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions.
4. SPECIAL REQUIREMENTS
Any special requirements must be disclosed to the Tour Operator at the time of booking. The Tour Operator will use reasonable efforts to accommodate special requirements or requests but this is not always possible given the nature of the destinations visited and availability of options outside a planned itinerary. Certain activities may be inaccessible to you if your mobility is limited in any way. All food allergies and dietary restrictions must be disclosed to the Tour Operator at the time of booking but the Tour Operator cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these Terms or the contract between you and the Tour Operator and the Tour Operator is not liable for any failure to accommodate or fulfill such requests.
5. AGE REQUIREMENTS
Anyone under the age of 18 on the date of first travel is considered to be a minor. Minors must always be accompanied by an adult. One adult may accompany up to two minors. Unless otherwise indicated in the Tour description or by the Tour Operator, the minimum age for minors travelling on any Tour is 12 years old.
All bookings with a minor are subject to review and approval by the Tour Operator. If the consent of a parent, guardian or any other person is required by applicable law for any minor to travel, the accompanying adult is responsible for securing all consents, documentation and ensuring that they and the minor(s) meet all legal requirements to travel, to enter into and depart from applicable countries and regions. The Tour Operator will not be responsible for any fees, damages, or losses incurred as a result of any failure to secure necessary consents, permits, and approvals.
Each adult on a booking with a minor or minor(s) is jointly and severally responsible for the behavior, wellbeing, supervision and monitoring of such minor(s), and jointly and severally accepts these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. The Tour Operator does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s).
6. MANDATORY INSURANCE REQUIREMENTS
YOU MUST HAVE TRAVEL INSURANCE WITH A MINIMUM MEDICAL, EVACUATION AND REPATRIATION COVERAGE OF US$200,000 covering all applicable dates of travel with the Tour Operator. This insurance must cover personal injury and emergency medical expenses. On the first day of each Tour, a representative of the Tour Operator will verify that you have sufficient insurance in place. You are strongly recommended to extend your coverage to include cancellation, curtailment, and all other expenses that may arise as a result of loss, damage, injury, delay or inconvenience while traveling. You acknowledge that insurance coverage is not included in the cost of any Tour offered by the Tour Operator and you are required to obtain separate coverage at an additional cost. It is your responsibility to ensure that you have sufficient coverage and comply with the terms of the applicable insurance plans. You are responsible for advising your insurer of the type of travel, destination(s) and activities included in your booking so that the insurer may provide appropriate coverage.
7. PRICES, SURCHARGES AND TAXES
The Tour Operator will not increase the price of your Tour after you have paid in full. Tours are priced and advertised inclusive of applicable taxes
From time-to-time the Tour Operator may offer reduced pricing on certain products or services. Reduced pricing applies only to new bookings. Bookings where payment of at least a deposit has been received by the Tour Operator are not entitled to reduced pricing.
8. VALIDITY
All dates, itineraries and prices of Tours are subject to change at any time and the current price will be quoted and confirmed at the time of booking, subject to any surcharges that may be levied in accordance with these Terms.
You acknowledge that you are responsible for keeping up to date on the specific details of your Tour and any other products or services, including, but not limited to checking the Tour Operator’s website at least 72 hours prior to departure as minor changes may have been made after the time of booking.
9. DEPOSITS
At the time of booking, a non-refundable deposit in the amount specified in the chart below, as applicable, per person per Tour is due to the Tour Operator. If the booking is made 60 days or less prior to departure, full payment is due at the time of booking. The non-refundable deposit should be sent to the Tour Operator or authorized agent.
For certain products or services offered by the Tour Operator, including TailorMade (see 29(E) below), and Day Tours (see29(F) below) and Mini Adventures (see 29(G) below) alternative deposit terms apply. Deposits paid for TailorMade will not be held as a Lifetime Deposit. See Sections 29(E), 29(F), and 29(G) of these Terms for further details.
Certain products or services offered by the Tour Operator may require you to make full payment at the time of booking. The Tour Operator will advise you of any such requirements prior to confirmation of the applicable booking.
Lifetime Deposits: If you cancel your booking, and that cancellation is not a result of nonpayment or any other breach of these Terms, the deposit amount will be held as a “Lifetime Deposit” with the Tour Operator, subject to these Terms. Lifetime Deposits have no expiry and may be applied towards payment of a deposit on any other Tour offered by the Tour Operator. The Lifetime Deposit is transferable and may be transferred by you to another individual of your choosing by providing notice to the Tour Operator in writing.
For the avoidance of doubt, only the deposit amount will form part of the Lifetime Deposit. The Lifetime Deposit has no cash value. Only one Lifetime Deposit may be applied per person per product booked. A Lifetime Deposit must be applied to a new Tour booking that is of equal or greater value to the cancelled Tour for which the Lifetime Deposit was originally received, or to a Day Tour or Local Experience, provided that if the price of the Day Tour or Local Experience is less than the amount of the Lifetime Deposit the unused amount of the Lifetime Deposit shall be forefeited. A Lifetime Deposit may not be applied to the same or similar dates of travel.
10. DETAILS REQUIRED FOR BOOKING
As a condition of booking, you must provide the information requested by the Tour Operator along with final payment. If you fail to supply information required by the Tour Operator for air tickets, permits, or other inclusions, you will also be liable for any costs, fees or losses including failure to obtain or provide that inclusion. In the event that you fail to supply information required by the Tour Operator, the Tour Operator also reserves the right to treat your booking (or the relevant component of your booking) as cancelled and levy any cancellation fees deemed reasonable by the Tour Operator, in its sole discretion. The information required by the Tour Operator will vary by Tour and will be communicated to you or to the Tour Operator’s authorized agent during the booking process. The Tour Operator will not be held responsible for any fees you incur as a result of errors, omissions, inaccuracies, late, misplaced or otherwise incomplete information you have provided.
11. AIRFARE
Tour prices do not include international or other airfare unless expressly mentioned in the Tour’s descriptions. The Tour Operator will quote the best price available for the travel dates requested at the time the quote is prepared. Quotes provide an estimate only and are not a firm price commitment by the Tour Operator or the applicable air carrier(s).
The Tour Operator acts only as a sales agent for the applicable air carrier and the air carrier terms and conditions apply to the purchase and use of the air travel ticket. Please consult the air carrier’s applicable terms and conditions and conditions of carriage for complete information including applicable cancellation terms. The Tour Operator is not responsible for changes in air itineraries or flight times and does not provide advice or alerts regarding air travel tickets, flight status or delays.
12. FINAL PAYMENT & ACCEPTANCE OF BOOKING
The confirmation sent by the Tour Operator or your travel agent will contain details of final payment required for any booking. Payment of the balance of the price for any products or services booked (excluding Expedition (see 29(C) below and TailorMade – see 29(E) below, and Day Tours – see 29(F) below, and Mini Adventures – see 29(G) below) and custom-tailored products or services) is due 60 days before the departure date of the first product or service included in the applicable booking. If full payment is not received by the applicable due date, the Tour Operator may, at its sole discretion, change the rate payable for the booking, or treat the booking as cancelled and retain the deposit paid on booking as a cancellation fee. If a booking is made less than 60 days before the departure date of the first product included in the applicable booking, then the full amount must be paid at the time of booking. If, for any product or service booked, payment terms differ from those outlined in this section, the applicable terms will be communicated to you prior to booking and will also be detailed on the applicable invoice.
The Tour Operator is not responsible for any charges levied by third parties or financial institutions and payable by you as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by you to the Tour Operator.
13. CANCELLATION BY THE PARTICIPANT
You may cancel your booking by notifying the Tour Operator. Cancellation fees, if any, will be determined with reference to the date on which notice of cancellation is received by the Tour Operator and are expressed as a percentage of the total price paid for the cancelled Tour, product or service (excluding any insurance products).
Cancellation of a Tour:
(a) Cancellation received 60 days or more before departure of first product or service in relevant booking: Lifetime Deposit will be held by the Tour Operator in accordance with these Terms, the remainder of the payments made to the Tour Operator in respect of the cancelled product will be refunded.
(b) Cancellation received 30-59 days before departure of first product or service in relevant booking: Lifetime Deposit will be held by the Tour Operator in accordance with these Terms, an amount equal to 50% of the remainder of the payments made to the Tour Operator in respect of the cancelled Tour will be refunded.
(c) Cancellation less than 30 days before departure of first product or service in relevant booking: Lifetime Deposit will be held by the Tour Operator in accordance with these Terms, and no further refund will be payable.
For certain products or services offered by the Tour Operator, including bookings on or related to the Expedition (see 29(C) below and TailorMade – see 29(E) below, and Day Tours – see 29(F) below), and Mini Adventures (see 29(G) below), alternative cancellation terms may apply. The Tour Operator will advise you of any such requirements prior to confirmation of the applicable booking.
Cancellation of Arrival Transfers, Pre and Post Night Accommodations, My Own Room and optional activities booked directly with the Tour Operator:
(a) Cancellation 31 days or more before departure: you will receive a full refund in respect of cancelled Arrival Transfers, Pre and Post Night Accommodations, My Own Room and optional activities.
(b) Cancellation 30 days or less before departure: No refund will be payable in respect of any cancelled Arrival Transfers, Pre and Post Night Accommodations, My Own Room and optional activities.
14. GUARANTEED DEPARTURES & CANCELLATION OF A TOUR BY THE TOUR OPERATOR
A departure date for a Tour offered by the Tour Operator will become a guaranteed departure when at least one booking secured by a valid deposit has been made on that departure.
The Tour Operator guarantees that all scheduled Tour departures booked and secured with a valid deposit will depart as indicated on the applicable confirmation, subject to reasonable itinerary changes as described in these Terms or good faith health and safety concerns. This guarantee is not applicable in the case of Force Majeure. Up to date Tour and itinerary information is available on the Tour Operator’s website or by contacting the Tour Operator. Brochures and other printed materials displaying Tour information and departure dates are subject to change may not be relied upon for purposes of this guarantee.
If a Tour is cancelled by the Tour Operator before the date of departure for reasons other than Force Majeure and the cancellation is not caused by your fault or negligence, you will have the choice of accepting from the Tour Operator:
(a) a substitute Tour of equivalent or superior value; or
(b) a substitute Tour of lesser value if no Tour of equivalent or superior value is reasonably available and to recover from the Tour Operator the difference in price between the price of the Tour originally purchased and the substitute Tour; or
(c) a full refund of all monies paid for the cancelled Tour.
The Tour Operator is not responsible for any incidental expenses or consequential losses that you incur as a result of the cancelled booking including visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, the Tour Operator reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where a significant element of a Tour as described cannot be provided after departure, the Tour Operator will make suitable alternative arrangements where possible. If it is not possible to provide a suitable alternative or if you reasonably reject any suitable alternatives, the Tour Operator may provide you with a refund for unused products or services as determined in its discretion.
15. TRAVEL DOCUMENTS
It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies. You must have a passport that is valid 6 months after the last date of travel with the Tour Operator as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the Tour, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by the Tour Operator that is a direct result of your failure to secure or be in possession of proper travel documentation. The Tour Operator does not provide advice on travel documents and makes no representations or warrantees as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and you agree that the Tour Operator is not responsible for any errors or omissions in this information.
16. FLEXIBILITY & UNUSED SERVICES
You acknowledge that the nature of adventure travel requires flexibility and acknowledge that you will permit reasonable alterations to products, services or itineraries by the Tour Operator. The route, schedules, accommodations, activities, amenities and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of the Tour Operator (including but not limited to Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events and entry or border difficulties). No reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of the Tour Operator, including your removal from a Tour because of your negligence or breach of these Terms.
17. CHANGES
Changes made by the Tour Operator: The Tour Operator may modify your itinerary where reasonably required in its sole discretion. If the Tour Operator makes a change affecting at least one in three full days of the itinerary or which materially affects the character of a product or service in its entirety (a “Material Change”), the Tour Operator will provide notice to you as soon as reasonably possible, provided that there is sufficient time to do so before departure. If a Material Change is made more than 14 days before departure, you may choose to:
i) accept the Material Change and proceed with the amended product or service;
ii) book another product or service of equal or greater value, if available (you will be responsible for paying any difference in price); or
iii) book another product or service of lesser value, if available (with a refund payable to you for the difference in price); or
iv) cancel the amended product or service and receive a full refund for the land-only portion of the applicable product or service (a refund is not available for other products or services booked which are not subject to a Material Change).
You must notify the Tour Operator of your choice within 7 days of receiving notice or you will be deemed to accept the amended itinerary.
Once a Tour has departed, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment or comfort. Any changes are at the discretion of the Tour Operator. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel with the Tour Operator, whether or not such expenses arise from a change of itinerary, and the Tour Operator is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. The Tour Operator will not be liable for any indirect and or consequential losses associated with any changes to a booking or itinerary.
Changes made by you: You are responsible for ensuring that information provided to the Tour Operator is accurate and up-to-date. Any changes to your name on any booking are subject to the Tour Operator’s approval. Any changes to a booking depend on availability and are subject to the Tour Operator’s approval and these Terms. Any extra costs incurred for making the change will be charged to you along with an administrative fee. Cancellation of any Tour, product or service included in a booking will not be considered a change for purposes of this section and will be governed by the applicable cancellation terms. No changes are permitted to any booking within 10 days of departure of the first product or service on the applicable booking.
18. ACCEPTANCE OF RISK
You acknowledge that adventures travel and the products and services offered by the Tour Operator may involve a significant amount of risk to your health and safety. By traveling with the Tour Operator you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risks and release the Tour Operator from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in Tour itineraries or otherwise offered by the Tour Operator. The Tour Operator requires that you confirm your assumption of this responsibility by completing the participation waiver (the “Waiver”) prior to departing on your tour. The Waiver is available at https://www.gadventures.com/terms-conditions/participation-waiver/
You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with developing infrastructure. Standards of hygiene, accommodation and transport in certain countries where Tours take place are often lower than the standards you may reasonably expect in your home country or region. You agree that the Tour Operator is not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where a Tour, product or service is operated. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.
You must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should you fail to comply with the above or commit any illegal act when on Tour or, if in the opinion of the Tour Operator (acting reasonably), your behavior is causing or is likely to cause danger, distress or material annoyance to others, the Tour Operator may terminate your travel arrangements on any product or service immediately at your expense and without any liability on the Tour Operator’s part. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals.
You are responsible for any costs (including repair, replacement and cleaning fees) incurred by the Tour Operator or the Tour Operator’s suppliers for property damage, destruction or theft caused by you while on a Tour. You agree to immediately report any pre-existing damage to a representative of the Tour Operator and staff of the accommodation, transportation service, or facility as soon as possible upon discovery.
You agree to take all prudent measures in relation to your own safety while on Tour including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither the Tour Operator nor its Third Party Suppliers (as defined herein) are liable for loss or damages caused by your failure to comply with safety instructions or warnings.
You agree to bring any complaints to the Tour Operator as soon as possible in order to provide the Tour Operator with the opportunity to properly address such complaint. You agree to inform your tour leader, another representative of the Tour Operator or the Tour Operator’s customer service department directly. The Tour Operator assumes no liability for complaints that are not properly brought to the attention of the Tour Operator and cannot resolve or attempt to resolve complaints until proper notice is provided. Any complaint made after the completion of a Tour must be received in writing by the Tour Operator within 30 days of the last day of travel of the booking in question.
19. THE TOUR OPERATOR IS NOT LIABLE FOR THIRD PARTY SUPPLIERS
The Tour Operator makes arrangements with accommodation providers, activity providers, airlines, cruise lines, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your booking. Third Party Suppliers may also engage the services of local operators and sub-contractors. Although the Tour Operator takes all reasonable care in selecting Third Party Suppliers, the Tour Operator is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third Party Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and the Tour Operator does not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.
The Tour Operator is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than the Tour Operator and its employees.
The Tour Operator is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.
20. OPTIONAL EXTRAS
“Optional Extras” refers to any activity, transportation, meal, product or service not expressly included in the Tour itinerary or price of the Tour and which does not form part of the Tour. You agree that any assistance given by the Tour Operator’s representative(s) in arranging, selecting, or booking, any Optional Extras is purely at your request and the Tour Operator makes no warranties and expressly disclaims any liability whatsoever arising from participation in Optional Extras or any information provided by any representative of the Tour Operator regarding any Optional Extras. You release the Tour Operator from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to or arising from participation in or booking of Optional Extras.
You acknowledge and agree that any liability for loss, damages, death, personal injury, illness, emotional distress, mental suffering or psychological injury or loss of or damage to property associated with Optional Extras is the sole responsibility of the third party providing that service or activity.
21. LIABILITY
The Tour Operator and its parents, subsidiaries and their respective employees, affiliates, officers, directors, successors, representatives, and assigns shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against the Tour Operator for any such loss, damage, injury, or death.
In the event that any loss, death, injury or illness is caused by the negligent acts or omissions of the Tour Operator or of the Third Party Suppliers of any services which form part of the booking contract then the Tour Operator limits its liability, where applicable by all applicable international conventions.
Carriage of passengers and their luggage by sea is governed by the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (PAL), as amended (the “Athens Convention”) which is expressly incorporated into these Terms and any liability of the Tour Operator and the Carrier (as that term is defined in the Athens Convention) for death or personal injury or for loss or damage to luggage arising out of carriage by sea will be determined solely in accordance with this Convention. The Athens Convention limits the Carrier’s liability for death or personal injury or loss or damage to luggage and makes special provision for valuables. It presumes that luggage has been delivered undamaged to the Guest unless written notice is given to the Tour Operator and/or the Carrier:
in the case of apparent damage, before or at the time of disembarkation or redelivery; or
in the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place.
Any damage payable by the Tour Operator up to the Athens Convention limits will be reduced in proportion to any contributory negligence by you and by the maximum deductible specified in Article 8 (4) of the Athens Convention. Copies of the Athens Convention are available from the Tour Operator on request.
In so far as the Tour Operator may be liable to you in respect of claims arising out of carriage by sea, the Tour Operator is entitled to all the rights, defenses, immunities and limitations available, respectively, to the actual carrier and under the relevant Conventions, and nothing in these Terms will be deemed as a surrender thereof. To the extent that any provision in these Terms is made null and void by the Athens Convention or any legislation compulsorily applicable or is otherwise unenforceable, it shall be void to that extent but not further. The Tour Operator’s liability will not at any time exceed that of the carrier under its Conditions of Carriage and applicable or incorporated conventions or other legislation. Any liability in respect of death and personal injury and loss of and damage to luggage which the Tour Operator may incur, whether under the contract with you in accordance with these Terms or otherwise, will always be subject to the limits of liability contained in the Athens Convention for death or personal injury.
Notwithstanding anything to the contrary elsewhere in these Terms, the Tour Operator will not in any circumstances be liable to you for any loss or anticipated loss of profit, loss of enjoyment, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature.
For claims not involving personal injury, death or illness or which are not subject to the Conventions referred to above, any liability the Tour Operator may incur for the negligent acts or omissions of its suppliers will be limited to a maximum of the price which you paid for the applicable Tour, not including insurance premiums and administration charges. Where this relates to loss or damage to luggage and other personal possessions then the Tour Operator liability will not exceed $1,000 CAD. The Tour Operator will not at any time be liable for any loss of or damage to valuables of any nature. You agree that you will be precluded from making a double recovery by making the same claims and seeking recovery against the Tour Operator and its suppliers, contractors or other third parties.
22. FORCE MAJEURE
The Tour Operator will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the Tour Operator failure to commence, perform or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather, significant risks to human health such as the outbreak of serious disease including any mutation or variation of, and the ongoing effects of, Covid-19 or SARs-COV2, or any other cause whatsoever beyond the reasonable control of the Tour Operator or the Third Party Supplier of services, whether or not foreseeable, which would make it dangerous or not viable for a Tour to commence or continue, any and all of which, individually and collectively, constitute “Force Majeure”.
23. IMAGES AND MARKETING
You agree that, while participating in any Tour, images, photos or videos may be taken by other participants, the Tour Operator or its representatives that may contain or feature you. You consent to any such pictures being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to the Tour Operator, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.
24. PRIVACY POLICY
The Tour Operator must collect your personal information to deliver the Tour and any products or services booked. The Tour Operator collects, uses and discloses only that information reasonably required to enable the Tour Operator and its Third Party Suppliers to provide the particular Tour, products and/or services that you have requested as described in the Tour Operator’s Privacy Policy, which can be accessed any time at http://www.gadventures.com/terms-conditions/privacy/ and is expressly incorporated into these Terms. By submitting any personal information to the Tour Operator, you indicate your acceptance of the Tour Operator’s Privacy Policy.
25. SEVERABILITY
If any provision of these Terms is so broad as to be unenforceable, such provision will be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof will in no way affect the validity or enforceability of any other provision.
26. CONTRACT PARTIES & SUCCESSORS
These Terms will inure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors and assigns.
27. APPLICABLE LAW
The Contract and these Terms are subject to the laws of Ontario, Canada and you submit to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada for the resolution of any dispute under these Terms or concerning any Tour, product or service.
28. AMENDMENTS
The Tour Operator reserves the right to update or alter these Terms at any time, and will post the amended Terms on the Tour Operator’s website at gadventures.com/terms-conditions/. Any amendment will take effect 10 days after being posted to the Tour Operator’s website. An up to date copy of these Terms, as amended, may be accessed at any time on the Tour Operator’s website and will be sent to you upon written request to the Tour Operator. You are deemed to have accepted any amendments to these Terms on the date that is 10 days after their posting on the Tour Operator’s website. The Tour Operator recommends that you refer to the Terms prior to travel to familiarize themselves with the most up-to-date version available.
San Jose, Costa Rica 
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