Terms and Conditions of Trek Xpeditions Travel & Media LLC
1. Definitions
In these Terms and Conditions, the following words shall have their associated meanings:
2. Agreement
2.1 Coverage
These Terms and Conditions govern the provision of services by the Company, as detailed on the Company's website and promotional materials.
2.2 Importance of Reading
Travelers should read these terms carefully before confirming their application via email. These terms outline the relationship between the Traveler and the Company, including the rights and responsibilities of both parties.
3. Company Information
3.1 Identity
Trek Xpeditions Travel and Media LLC is a company registered in the United States, with its registered office at 30 N Gould St Ste N, Sheridan, WY 82801, USA.
3.2 Contact
Travelers can contact the Company via email at info@trekxpeditions.com
3.3 Communication
The Company will communicate with Travelers via telephone or written correspondence using the contact details provided on our website or promotional documents.
4. Contract Formation
4.1 Application Submission
To join a Tour, Travelers must confirm their reservation by email.
4.2 Acceptance of Application
The Company will confirm acceptance of the Traveler's application via email, which will establish a binding contract, subject to the Traveler:
4.3 Refusal of Application
The Company reserves the right to refuse any application. If refused, the deposit will be returned to the Traveler.
5. Payment
5.1 Total Cost
The full Tour cost must be paid 60 days before the Departure Date unless otherwise arranged for late bookings.
5.2 Late Applications
For applications made less than 60 days before the Departure Date, full payment may be required immediately.
5.3 Currency and Transfer Charges
The Traveler is responsible for ensuring that the Company receives the full amount in the correct currency, net of any transaction fees.
5.4 Non-Payment
If the full Tour cost is not paid on time, the Company may cancel the Tour and retain the deposit.
6. Passports, Visas, and Health
6.1 Visa Responsibility
Obtaining a valid visa is the Traveler's responsibility, although the Company will provide reasonable support.
6.2 Health Precautions
The Traveler is responsible for all medical precautions, vaccinations, and health-related documentation.
7. Travel Advice
7.1 Safety Awareness
Travelers are responsible for their own safety awareness and must stay informed about travel advisories from their Foreign Office or equivalent bodies.
7.2 Insurance
Travelers must ensure they have adequate insurance coverage, especially in light of travel advisories. A copy of the current insurance policy must be send to us by the Traveler prior to the Departure Date and a further copy given to the Tour Leader (as defined below) on arrival in-country. If you fail to provide evidence of adequate insurance prior to the Departure Date, the Company reserves the right to deny your participation in the Tour, with no right to refund Any insurance purchased by the Traveler as part of a group of Travelers is an arrangement between the Traveler and the insurance provider. Our Company is not an insurance company or insurance intermediary or an insurance broker and is not liable for medical expenses, repatriation costs or evacuation if the insurer refuses your claim.
All insurance purchased must be relevant to the region of travel, in particular covering medical expenses, repatriation and evacuation by any means necessary.
8. Cancellation by the Traveler
8.1 Cancellation Process
Travelers may cancel the Contract at any time by providing written notice to the Company.
8.2 Cancellation Fees
Cancellation fees apply as follows:
8.3 Post-Departure
If Traveler decides to cancel after Departure Date no refunds will be given for unused portions of the Tour.
9. Cancellation by the Company
9.1 Company's Right to Cancel
The Company may cancel a Tour at any time due to safety concerns, impossibility of execution, or an Unforeseen Event.
9.2 Notification and Consequences
Upon cancellation, the Company will notify the Traveler and may offer an alternative Tour or refund monies that can be retrieved from third parties.
9.3 Minimum Numbers
The Company will notify Travelers if a Tour is canceled due to insufficient participant 28 days before the Departure Date.
9.4 Flight Cancellations
If the Company books flights and they are canceled, only retrievable funds from the airline will be reimbursed.
9.5 Removal of Travelers
The Company reserves the right to remove a Traveler from a Tour for reasons including but not limited to disruptive behavior or legal impediments to travel.
10. Tour Price
The price of the Tour is generally as listed in the brochure or direct communication.
11. Transfer of Booking
11.1 Transfer to Another Tour
Travelers may transfer to another Tour group with a written request, subject to a transfer fee and additional costs.
11.2 Transfer to Another Traveler
Travelers may transfer their booking to another person who meets all Tour conditions, subject to a transfer fee and additional costs.
12. Itinerary Changes
12.1 Provision of Itinerary
The Company will provide the Tour itinerary in advance.
12.2 Flexibility Requirement
Travelers must be flexible as the itinerary may change due to Unforeseen Events or other circumstances.
12.3 Changes Before Departure
The Company may make minor changes without notice or significant changes with notice, and Travelers have the right to accept changes, transfer to an alternative Tour, or cancel with a refund if the changes are not due to Unforeseen Events.
12.4 Changes After Departure
The Company may alter the itinerary after the Departure Date without refund if it is in the interest of the Traveler.
13. Responsibilities
13.1 Traveler's Acceptance of Risk
The Traveler acknowledges the risks involved in the Tour and releases the Company from liability for personal injury or harm.
13.2 Company's Selection of Subcontractors
The Company will select competent subcontractors for transport, services, and accommodation.
13.3 Safety Standards
Travelers understand that safety standards in the travel region may differ from their home country.
13.4 Company's Responsibility
The Company's responsibility begins when the Traveler meets the tour leader or representative and ends on the final day of the Tour as specified in the itinerary.
13.5 Non-Included Activities
The Company is not liable for costs incurred by the Traveler engaging in activities not included in the Tour.
13.6 Next of Kin Information
Travelers must provide next of kin information before the Departure Date.
14. Insurance
14.1 Insurance Requirements
Travelers must maintain appropriate insurance for cancellation, medical expenses, third-party liability, and baggage, the Insurance has to cover the Travel Destionation.
14.2 Insurance Documentation
A copy of the insurance policy must be provided to the Company before the Departure Date.
14.3 Ground Operator
Travelers acknowledge that the Company operates tours through a local ground operator and release the ground operator from liability.
15. Limitation of Liability and Assumption of Risk
15.1 Assumption of Risk
The Traveler acknowledges that travel inherently involves risks and dangers including, but not limited to, the risk of illness, injury, death, loss, and damage to property. These risks may arise from foreseeable or unforeseeable causes including, but not limited to, acts of nature, civil unrest, terrorism, and accidents. By booking a Tour with the Company, the Traveler assumes all such risks, both known and unknown.
15.2 Limitation of Liability
The Company shall not be held liable for any injury, damage, loss, delay, additional expense, inconvenience, or for any consequential or special damage or loss, however caused, unless directly due to the Company's negligence. This limitation of liability shall apply to the fullest extent permitted by law and shall survive the termination or expiration of this Contract.
15.3 Release and Indemnity
The Traveler agrees to release, indemnify, and hold harmless the Company, its agents, employees, officers, directors, associates, affiliated companies, and subcontractors from all liabilities, claims, expenses, damages, and costs, including legal fees, arising out of or in connection with their participation in the Tour, including without limitation any injury, death, or damage to property experienced during the Tour.
15.4 No Liability for Third Parties
The Company is not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any third-party suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
15.5 Acknowledgment of Understanding
By agreeing to these Terms and Conditions, the Traveler confirms that they have read this section, understand it, and agree to be bound by its terms. The Traveler understands that they are giving up substantial rights, including their right to sue. The Traveler acknowledges that they are agreeing to these terms freely and without any inducement or assurance of any nature, and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law. Please ensure that this clause is reviewed by a legal professional to ensure that it complies with applicable laws and accurately reflects the policies and practices of Trek Xpeditions Travel and Media LLC. Legal requirements for liability waivers and limitations can vary by jurisdiction, and it is important to ensure that your terms are enforceable and provide the intended protection.
15.6 Travel Risk Waiver
Travelers agree to sign the Company's Travel Risk Acknowledgement and Waiver. The Waiver will be handed out at the beginning of each Tour.
16. Tour Leader
16.1 Tour Leader Authority
The Company will appoint a Tour Leader who has the authority to make decisions for the satisfactory fulfillment of the Tour.
16.2 Acceptance of Decisions
Travelers agree to accept the Tour Leader's decisions as final.
16.3 Impact on Well-being
If a Traveler's condition or behavior negatively impacts their well-being or that of the group, they may be asked to leave the Tour without refund.
17. Compliance with Legislation
17.1 Legal Compliance
Travelers must comply with all laws of the countries visited.
17.2 Consequences of Non-Compliance
The Company may remove a Traveler from the Tour for failure to comply with laws or these Terms and Conditions.
18. Complaints
18.1 Complaint Resolution
The Company will endeavor to resolve complaints as they occur.
18.2 Complaint Procedure
Travelers should communicate any issues to the Tour Leader and, if unresolved, submit a written complaint to the Company within 7 days of the Tour's completion.
19. General Conditions
19.1 Transfer of Agreement
The Company may transfer this agreement to another organization, but Travelers may not transfer their rights or obligations.
19.2 No Waiver or Variation
No waiver or variation of these Terms and Conditions is permitted without written permission from a Company Director.
19.3 Pre-Contract Information
Travelers acknowledge they have been informed about passport, visa, and health requirements before entering the Contract.
19.4 Severability
If any part of this contract is found to be illegal, the rest will continue in force.
19.5 Intellectual Property
All intellectual property on the Company's website or materials is owned by the Company and may not be used without prior consent.
19.6 Governing Law
This contract is governed by the laws of the United States of America, and disputes will be resolved exclusively in the courts of the United States of America. .