These Terms and Conditions govern the relationship between you and Eco-Librium Sustainable Adventures Inc. doing business as Eco-Librium Sustainable Adventures (hereinafter referred to as “the Company” or “Eco-Librium Sustainable Adventures”). By booking a trip, you agree to be bound by these Terms and Conditions that outline, among other things, our cancellation policy and certain limitations of liability. These Terms and Conditions affect your rights and designate the governing law and forum for the resolution of any and all disputes.
THE CONTRACT all persons wishing to make a booking have carefully read and understand the Terms and conditions that follow. By making a booking by telephone, or on our website, or by email or facsimile with the Company or its agents, you accept and are bound by these Terms and conditions. A booking is accepted and becomes definite only from the date when the Company sends a confirmation invoice or email. It is at this point that a contract between the Company and the Client comes into existence. Before your booking is confirmed and a contract comes into force, the Company reserves the right to increase or decrease advertised prices. The Company or their agents reserve the right to decline any booking at their discretion. The person of persons named on the booking are hereafter referred to as the “Client” All bookings are made with Eco-Librium Sustainable Adventures Inc.: the Company”, which sells the tours described in this brochure and on the Company website or through its “Agents” who sell the Company’s tours through an agreement with the Company. 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 confirmation.
Volunteer Trips: All persons wishing to make a booking have carefully read and understand the Terms and conditions as outlined in this contract and the Volunteer Contract. Volunteers may be asked to fill out a separate contract supplied by the participating volunteer organization.
Health And Fitness Requirements If Client is over 70 years of age or has a pre existing medical condition than they must complete an Eco-Librium Sustainable Adventures medical form signed and dated by a physician. If the Client has made a booking with the Company and is unable to complete the required medical form by the final payment dates, the Company reserves the right to treat the booking as being cancelled. Applicable cancellation penalties will apply.
DEPOSITS:
(a) Deposit for Eco-Librium Sustainable Adventure Trips and Volunteer Opportunities
At time of booking or 60 days or more prior to departure, whichever is later a non-refundable deposit of USD$500.00 is due. The non-refundable deposit and medical form if applicable should be sent to the Company or its agent.
(b) Deposit for Eco-Librium Sustainable Adventures- 1 month Volunteer Adventure Trips
At time of booking/acceptance for the 1 month Volunteer Adventure Trips or 90 days more prior to departure, whichever is later a non-refundable deposit of USD 400.00 per person per tour is due. The non-refundable deposit and medical form should be sent to the Company or its Agent.
FINAL PAYMENT
Final Payment for Eco-Librium Sustainable Adventure Trips
The Company must confirm acceptance of the Client’s booking in writing. Please refer to your confirmation invoice and/or confirmation email for details regarding final payment. Payment of the balance of the tour price is due 60 days before the departure date of the first service booked. If a booking is made 60 days or less before the departure date of the first service booked. If a booking is made 60 days or less before the departure date of the first service booked then the full amount is payable at the time your booking is confirmed. If this balance is not paid at the time your booking is confirmed the Company reserves the right to treat the Client’s booking as cancelled.
CLIENT DETAILS
Eco-Librium Sustainable Adventure Trips
In order for the Company to confirm and guarantee the Client’s travel arrangements the Client must provide all Client details with their final payment as per the dates specified in section FINAL PAYMENT. If the Client does not provide all Client details within 60 days before departure, a fee of USD$50.00 will be charged to the Client. In the event where client details have not been received by the Company 30 days prior to the Client’s trip departure, the Company reserves the right to treat the file as cancelled and full penalties will apply. Client details include passport number, passport expiry date and medical fore (where applicable), full name as it appears in the passport you are traveling with, date of birth and nationality.
(b) Traveling with Children
The minimum age for Clients traveling on our tours is 12 (for our Family designated tours, the minimum age is 6). Each child under the age of 18 must be accompanied by an adult over the age of 21. It is imperative that each child be accompanied by one adult. All enquiries with respect to children are subject to review and approval by Eco-Librium Sustainable Adventures and Eco-Librium Sustainable adventures reserves the right to restrict the number of travelers under the age of 18 on our tours. If the adult accompanying the child is not the child’s parent, then a “Parental Consent Guardianship Form” must be signed by the parent or legal guardian received by the Company prior to departure.
(e) Inca Trail Requirements: Client details including full name as it appears in the passport that you will be traveling with, passport number, passport expiry date, date of birth and nationality are required to confirm a booking. Any amendments to these details may result in failure to secure an Inca Trail permit. The Company will not be held responsible for any fees levied as a result.
LAST MINUTE BOOKINGS: For any bookings made within 30 days of departure, there will be a USD$50.00 fee charged to the file. This last minute booking fee covers our additional costs for couriers, communication and administration fees.
INSURANCE All Clients must obtain travel insurance with a minimum coverage of US$750,000 while traveling with Eco-Librium Sustainable Adventures. Without proof of this coverage the Client will not be able to participate in the tour.
Insurance must cover personal injury, medical expenses, repatriation expenses, and evacuation expenses. It will be mandatory to submit proof of your insurance if requested by the Company, tour leader or tour representative. Eco-Librium Sustainable Adventures shall have no liability for loss, theft of or damage to baggage or personal items. Stolen items are not reimbursable by the Company. If any personal items are damaged on the trip are not reimbursable. The Company cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by the Company such as hotels, hostels, local family homes, or any modes of transport.
*It is recommended that the coverage be extended to include cancellation, curtailment, loss of belongings and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client.
CANCELLATION BY THE CLIENT Any cancellation by a Client must be made in writing and acknowledged by the Company. The date on which the request to cancel is received by the Company or its Agents will determine the cancellation charge applicable.
Cancellation for Eco-Librium Sustainable Adventures trips- the cancellation charges are expressed hereafter as a percentage of the total tour price, excluding insurance.
A. Cancellation 60 days or more before departure: Loss of deposit.
B. Cancellation 59-30 days before departure: 50% of cost of services booked
C. Cancellation less than 30 days before departure: 100%of cost of services booked
You are strongly advised to take out cancellation insurance at the time of making the booking, as this will cover cancellation charges in certain circumstances.
CANCELLATION OF A TOUR BY THE COMPANY the Company reserves the right to cancel any trip 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 the Company cancels a tour, the Client may choose between a full refund of all monies paid or any alternative tour offered by the Company. The Company is not responsible for any incidental expenses that the Client may have incurred as a result of the booking such as visa, vaccination, non-refundable flights or loss of enjoyment, etc. If the alternative trip chosen 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 is of a higher value than that originally booked, then the Client must pay the difference in price.
UNUSED SERVICES There will be no discounts or monies refunded for missed or unused services, this includes voluntary or involuntary termination/departure from tour, ie. Sickness, death of a family member, etc.
PRICES AND SURCHARGES We reserve the right to impose surcharges (price increases) up to 60 days before departure due to unfavorable changes in exchange rates, increases in air fares or other transportation/fuel costs, increases in local operator costs, taxes, or if government action should require us to do so. 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 of all monies paid (except for flights). Cancellation requests must be received in writing.
WEBSITE AND BROCHURE VALIDITY the prices on our brochures and on our website are based on airfares, exchange rates and costs in effect at time of printing the brochure or posting to our website. Eco-Librium Adventures reserves the right to alter prices for new bookings if these rates change. Dates and itineraries on our website and brochures are valid until Feb 1 2010. The land price of your trip is guaranteed when you have paid in full for your booking, subject to the right of the Company to impose surcharges as stipulated in section 10 of these terms and conditions.
ITINERARY the Client appreciates and acknowledges that the nature of this type of travel requires a great amount of flexibility. Alternatives may need to be made. The itinerary provided for each tour is a template and is representative of the types of activities one may partake in. The Company will try to adhere to the original template but the Company is under no contractual obligation to strictly follow it. 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 caused by political disputes, entry or border difficulties, climate and other unpredictable or unforeseeable circumstances.
CONSIDERATIONS FOR CHANGE (a) Changes made by the Company: The Company reserves the right to change any of the facilities or services described in the website or brochure before a booking is made. While the Company will endeavor to operate all tours as advertised, reasonable changes in the itinerary may be made where it is necessary or advisable by the Company. If the Company makes a major change the Company will inform the Client as soon as reasonable 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 changes is due to force majeure or unforeseen circumstances no compensation is payable. When a major change is made the Client may choose between accepting the change, obtaining a full refund of all monies paid (excluding Trip Cancellation Insurance Premiums and/or flights) or accepting any alternative tour offered by the Company.
(b)Transfer to another departure (by Client): A transfer from one tour to another can only be made more than 60 days, before departure date and if approved by the Company. If the Company accepts such a request, the Company reserves the right to charge up to the deposit amount of the first booked tour. Any request to transfer received less than 60 days, before departure will not normally be accepted. In this case the Client must cancel the booking and then re-book on another tour. A Client may only transfer a booking to a departure date in the current season and may not transfer a booking to future seasons. Any such transfers will be regarded as cancellations and cancellation fees will apply.
(c)Transfer of name: If you are prevented from traveling on the tour/volunteer program opportunity 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/volunteer program and have understood and agree to the terms and conditions of this contract. More than 60 days, before departure, up to the deposit amount of the tour will apply. Within 60 days, name transfers are not permitted.
(d)Amendments: Within 60 days of departure any amendments to a file will depend on availability and will be on a request basis. Any extra costs incurred for making the change will be charged along with an amendment fee of CAD$50.00. No amendments are permitted to your booking with 10 days of departure.
*Note: scheduled airlines may impose 100% cancellation charges
AUTHORITY 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. The Client must agree to abide by the authority of the tour leader or Company representative, who represents the Company, while on tour. The Client must at all times abide by 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 Client’s enjoyment of the tour, the Client must advise the Company at the time of booking. If the Client fails 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 and the Client will not be entitled to any refund for unused or missed services of costs incurred resulting from the termination of the travel arrangements.
TRAVEL DOCUMENTS
(a) The Client must be in possession of a valid passport required for entry, departure and travel through each destination point along the itinerary of the tour. Passports need to 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 full responsibility for obtaining all such documents and permits prior to the start of the tour and is solely responsible for any adverse consequences resulting form missing or defective documentation. Any information or advice given by the Company regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory provided, the Company is not responsible for any errors or omissions as to the information provided.
(b) Travel related documents such as: trip itineraries, contracts and invoices will be sent via email. A fee will be charged for paper documents.
FORCE MEJEURE (factors that cannot be controlled by the Company) Eco-Librium Sustainable Adventures shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property or for the Company’s failure to commence, perform and/or complete any duty owed to the Client if such death, delay, bodily injury (including emotional and physical 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, 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, or any other cause whatsoever beyond the reasonable control of Company.
ACCEPTANCE OF RISK The Client acknowledges that the nature of the tour is adventurous and may involve a large 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.
RESPONSIBILITY OF YOUR TOUR All services herein are organized by Eco-Librium Sustainable 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 an/or persons engaged in carrying out the arrangements. Eco-Librium Sustainable 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 traveler, 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
The Client hereby releases the Company from all claims and causes of action rising 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.
CLAIMS AND COMPLAINTS If a Client has a complaint against the Company the Client must first inform the tour leader, Company representative, or Head Office while they are on still on the tour. This is necessary for the Company to have the opportunity to rectify the matter.
SUPPLIERS CONDITIONS Airlines, railways, coach and shipping companies and other suppliers have their own booking conditions or conditions of carriage, and you will be bound by these as far as the relevant transport provider or supplier is concerned. Some of these conditions may limit or exclude liability on the part of the relevant transport provider or other supplier, and they are often also subject to various international conventions. Where relevant, copies of such conditions may be available for inspection at our offices, or at the offices of the relevant supplier.
LOCAL CONDITIONS Client acknowledges that she/he will be visiting places here the political, cultural and geographical settings may present certain risks, dangers and physical challenges greater than those present in our regular lives. By booking travel with Eco –Librium Sustainable Adventures, the Client acknowledges that they have considered potential risks, dangers and challenges, and expressly assumes the risks attendant to such travel conditions. You are encouraged to contact Canadian Embassies abroad or research their locations. The Client is completely responsible for becoming educated about the customs, weather conditions, physical challenges and laws at each place the Client will be visiting.
ACTIVITIES THAT ARE NOT INCLUDED IN TOUR PRICE
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 not included in the tour price.
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.
SUCCESSORS AND ASSIGNS These Terms and Conditions shall insure to the benefit of and be binding upon the Company and the Client and their respective heirs, legal personal representatives, successors and assigns.
ERROR AND OMISSIONS Although the Company has made a concerted attempt to verify the accuracy of statements made herein and the Company cannot be held responsible for any error, omission or unintentional misrepresentation that may appear in this brochure or on our website.
PRIVACY POLICY We will provide your personal information, as well as any personal information you provide in relation to the persons whose travel arrangements have been requested by you, to suppliers and carriers to enable the operation of the services requested by you. We do our utmost to protect your personal information. Please refer to our website for the Company’s Privacy Policy.
APPLICABLE LAW AND CHOICE OF FORUM This Agreement shall be governed by the laws of Ontario. Each party hereto irrevocably submits to the exclusive jurisdiction of the Superior Court of Justice, Ontario, in respect of any action or proceeding relating in any way to this agreement
ANY LIKENESS OR IMAGE OF YOU secured or taken on any of the tours may be used by the Company without charge in all media for bonafide promotional or marketing purposes, including without limitation promotional materials of any kind, such as brochures, slides, video and the Internet.
CURRENCY the prices quoted in this document can be paid in Canadian dollars.
I have read and I understand and agree to abide by the terms and conditions outlined in this document by Eco-Librium Sustainable Adventures:
Signature………………………….
