The Contract These Booking Conditions contain important information. It is essential that you carefully read and understand them. The Booking Conditions constitute a legally binding contract between UPT and you/your group for the services provided by UPT and set out the basis of your legal relationship with UPT. By booking with us and receiving the first invoice, and paying the non-‐refundable deposit of US$500 per passenger within 14 days of receiving the first invoice, or full payment, you acknowledge that you have read and understood and that you agree to be bound by these Booking Conditions. In addition to this deposit, some trekking permits are required to be paid at time of booking and are non-‐refundable and non-‐ changeable. Acceptance of your booking will be confirmed in writing to you or your travel agent, and a contract comes into existence on the date shown on your confirmation letter or email. If you have any queries regarding these Conditions or do not understand them, please raise your query with a member of our staff.
PRICES AND VALIDITY
Prices are on twin share basis, and based on costs and exchange rates applicable when this brochure/itinerary was printed and/or sent. UPT reserves the right to impose surcharges up to 56 days before departure due to unfavorable changes in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes or if government action should require us to do so. In such instances we will be responsible for the first 2% of the additional costs and you will be responsible for the balance. If any surcharge results in an increase of more than 10% of the trip price you may cancel the booking within 14 days of notification of the surcharge and obtain a full refund. We will not surcharge any booking for travel within the validity of this brochure/itinerary once paid in full. Air Passenger Duty / Airport tax is included in the price if you have an air inclusive trip. Please note that a levy of up to 2.35% may be applied to all purchases made by credit card.
Dates and itineraries departing after 31 December 2016 are indicative only and subject to change. Airfares (except when otherwise stated), passport and visa fees, travel insurance, excess baggage charges, airport taxes, gratuities to leaders and guides, extra meals, laundry, drinks, medical expenses, optional activities and trips, and any items of a personal nature are not included in your trip price.
YOUR TRIP AND ASSUMPTION OF RISK
UPT operates trips in regions where standards of accommodation, transport, safety, hygiene, medical facilities and other infrastructure may, at times, not be of the standard that you are used to at home. By booking with us you acknowledge that participation in all UPT trips involves inherent risks that may not be present in the case of conventional or less demanding holidays. These risks include, without limitation, the possibility of injury or death, psychological trauma, disease, loss or damage to property, inconvenience and discomfort. The possibility of experiencing all or some of these risks is likely to be higher if participation in a UPT trip involves visiting remote or unstable regions, or regions where there is dangerous wildlife. When assessing whether trips will operate UPT uses information from its local offices in conjunction with advice from the Australian Department of Foreign Affairs and Trade, the British Foreign Office and the US Department of State. It is your responsibility to accustom yourself with the travel advice provided by these government bodies, as well as that of your country of residency, before commencing the trip. By booking with UPT you acknowledge your decision to travel on a UPT trip is made after due consideration of relevant travel information that may be made available at any time.
EXCLUSION OF LIABILITY
Except where stated otherwise, UPT acts as agent for service providers when making arrangements for your trip. Where UPT provides services it will do so with due care and skill. UPT is not responsible for the acts and omissions of others, including tour guides, airlines and accommodation providers or for any loss, damage, death, injury or expense (including loss of money paid in advance), which you may incur as a consequence of the acts and omissions of others. You warrant that you have not relied on any representation made by UPT, any travel agent or other Representative, which has not been stated expressly on this brochure/itinerary/website. UPT will not accept responsibility or liability if you contravene any law or regulation of any country or region visited. Any independent arrangements that you make that are not part of the UPT trip (including pre-‐ and post accommodation) are entirely at your own risk and UPT cannot and does not give you any assurance, representation or warranty in connection with any such arrangements. To the fullest extent permitted by law and subject to the exception set out below, UPT does not accept liability for any loss, damage, death or injury however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from this contract or your participation in a trip, or in respect of a failure or omission on the part of UPT to comply with its obligations under this contract, or in respect of any other conduct that UPT undertakes in connection with a trip. To the fullest extent permitted by law and subject to the exception set out below, you also agree to release UPT and its officers, employees, agents and representatives (“Representatives”) from all costs, liability, loss and damage incurred by you in connection with your participation in any trip, and waive any associated claims that you may have against UPT or its Representatives as a result of your participation in any trip. For these purposes, UPT enters into these Booking Conditions as trustee or agent for its Representatives. To the fullest extent permitted by law and subject to the exception set out below, any condition or warranty, which would otherwise be implied into these Booking Conditions is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again. The “Exclusion of Liability” section set out in these Booking Conditions does not attempt or purport to exclude, restrict or modify liability arising under, or remedies that may be available to you, pursuant to legislation where the exclusion, restriction or modification of liability or remedies is not permitted. This includes legislation in part of the Trade Practices Act 1974 (Cth), and any state or territory Fair Trading Act (or its equivalent).
CANCELLATION BY UPT
UPT reserves the right to cancel a departure and will advise you of such cancellations no later than 56 days before the tour start date. If due to ‘Force Majeure’ or government travel advice, UPT reserves the right to cancel a departure at any time. With any form of cancellation, UPT will offer you alternative arrangements, and if the price of your alternative booking is of lower value than the original booking we will refund the difference to you. If you do not accept alternative arrangements we will refund all payments you have made to UPT, (in case of ‘Force Majeure’ or government travel advice refunds will be less any unrecoverable costs). UPT will not be liable for any additional costs incurred by you. Force Majeure UPT will not be liable for any delay in, change to or cancellation of trips due to ‘Force Majeure’. ‘Force Majeure’ means a circumstance beyond the reasonable control of UPT and includes, but is not limited to, war or threat of war, riot, civil strife, terrorist activity, industrial dispute, disease, industrial or nuclear disaster, adverse weather conditions, fire and strikes.
CANCELLATION BY YOU OR YOU ON BEHALF OF YOUR GROUP MEMBERS
If you, or you on behalf of any group members, wish to cancel all or any part of your booking, notification of cancellation must be made to UPT in writing via email. The date of the cancellation is the date on which written notification is received by UPT. Charge applicable as follows, per person:
BOOKING AMENDMENTS If you wish to change your booking in any way, the following fees will apply:
LATE BOOKINGS
Booking requests received by UPT within 30 days before tour start date may require full payment before we can confirm a tour. If we cannot confirm the booking we will refund you in full any monies paid to UPT. UPT will not be liable for any additional costs incurred by you.
CHANGES TO YOUR HOLIDAY
You acknowledge that travelling with UPT requires a degree of flexibility, good humour, and an understanding that the itinerary, accommodation, and/or modes of transport may change, even after a tour’s commencement, without prior notice due to local circumstances. Changes may occur because of ‘Force Majeure’, poor road conditions, weather, the availability of tickets, vehicle breakdowns, changes in transport schedules, or other circumstances beyond UPT’s control or which simply cannot be foreseen. UPT do not accept any responsibility for loss of enjoyment, delays or compensation resulting from circumstances beyond UPT’s control. You acknowledge that group sizes may also vary during the duration of your tour. The information about trips given in this brochure/itinerary/website, Pre-‐Arrival Information are subject to change. It is your responsibility to review the up-‐to-‐date Pre-‐Arrival Information. These can be obtained from UPT, UPT’s website or your travel agent. The information and conditions in the Pre-‐Arrival Information are deemed to be part of the contract. Where changes to your trip occur after you have received your final documentation we will, where practical, advise you or your travel agent of such changes.
AUTHORITY OF THE LEADER
At all times the decision of the UPT leader or representative (“UPT Leader”) will be final on all matters likely to affect the safety and well-‐being of the trip. This includes any decision that the UPT Leader makes about your on-‐going participation in the trip or certain activities that comprise part of the trip. If you fail to comply with a decision made by a UPT Leader, or interfere with the well-‐being of the group, then the UPT Leader reserves the right to terminate this contract and order you to leave the tour immediately, with no right of refund.
COMPLAINTS
If you have any complaint about your trip, you must make it known at the earliest opportunity to the leader and/or UPT local representative, who will normally be able to take appropriate action. If at the end of the trip you feel your complaint has not been properly dealt with you must notify us in writing within 30 days of the end of your trip.
TRAVEL INSURANCE
Adequate and valid travel insurance is compulsory for all UPT travellers. Your travel insurance must cover accidents, injury, illness and death medical expenses, including any related to pre-‐existing medical conditions, emergency repatriation (including helicopter rescue and air ambulance where applicable) and personal liability. UPT also recommends it covers cancellation, curtailment and loss of luggage and personal effects. You must carry proof of insurance with you and produce it if reasonably requested by UPT’s employees or suppliers. UPT reserves the right to cancel or suspend your participation on a trip or in certain activities that comprise part of a trip, at any time, including after the commencement of your tour, with no right of refund, if you are unable to provide proof of insurance when requested.
PASSPORT AND VISAS
It is your responsibility that you carry a valid passport and have obtained the appropriate visas when travelling with UPT. Please ensure that your passport is valid for 6 months beyond the duration of your holiday.
HEALTH AND FITNESS
It is your responsibility to advise UPT of any pre-‐existing medical condition and/or disability that might reasonably be expected to increase the risk of you requiring medical attention, or that might affect the normal conduct of a tour and the enjoyment of other trip members. If requested by UPT, or our suppliers, you may be required to provide an assessment of your medical condition and/or a Medical Clearance Form, the latter which requires certification by a medical practitioner. UPT reserves the right, at its reasonable discretion, to cancel your booking and refund the money paid by you, less any unrecoverable costs. UPT also reserves the right to cancel your participation in a trip at any time, including after the commencement of your trip, with no right of refund if your medical condition and/or disability could be reasonably expected to affect the normal conduct of the trip and the enjoyment of other trip members.
PUBLICITY
You agree that UPT may use images of you taken during the trip without recourse to you and without compensation to you, for publicity and promotion purposes only through whatever medium it chooses.
PRIVACY
In order to be able to supply a service to you UPT will need to collect certain information from you, some of which may be of a personal nature. The information may be disclosed to, or collected on our behalf by our service providers to enable the services to be provided, but will not be used by them for any other purpose.
GOVERNING LAW
This agreement will be governed by and construed in accordance with the law of New South Wales, Australia and each party agrees to submit to the exclusive jurisdiction of the courts of New South Wales, Australia as regards any claim or matter arising under this agreement.
UPDATING OF TERMS AND CONDITIONS
The Company reserves the right to update and/or alter these terms and conditions at anytime, and it is the Clients responsibility to be familiar with them. The latest
terms and conditions can always be found on the Company website www.ultimateperutavel.com and will supersede any previous versions.
PRICES AND VALIDITY
Prices are on twin share basis, and based on costs and exchange rates applicable when this brochure/itinerary was printed and/or sent. UPT reserves the right to impose surcharges up to 56 days before departure due to unfavorable changes in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes or if government action should require us to do so. In such instances we will be responsible for the first 2% of the additional costs and you will be responsible for the balance. If any surcharge results in an increase of more than 10% of the trip price you may cancel the booking within 14 days of notification of the surcharge and obtain a full refund. We will not surcharge any booking for travel within the validity of this brochure/itinerary once paid in full. Air Passenger Duty / Airport tax is included in the price if you have an air inclusive trip. Please note that a levy of up to 2.35% may be applied to all purchases made by credit card.
Dates and itineraries departing after 31 December 2016 are indicative only and subject to change. Airfares (except when otherwise stated), passport and visa fees, travel insurance, excess baggage charges, airport taxes, gratuities to leaders and guides, extra meals, laundry, drinks, medical expenses, optional activities and trips, and any items of a personal nature are not included in your trip price.
YOUR TRIP AND ASSUMPTION OF RISK
UPT operates trips in regions where standards of accommodation, transport, safety, hygiene, medical facilities and other infrastructure may, at times, not be of the standard that you are used to at home. By booking with us you acknowledge that participation in all UPT trips involves inherent risks that may not be present in the case of conventional or less demanding holidays. These risks include, without limitation, the possibility of injury or death, psychological trauma, disease, loss or damage to property, inconvenience and discomfort. The possibility of experiencing all or some of these risks is likely to be higher if participation in a UPT trip involves visiting remote or unstable regions, or regions where there is dangerous wildlife. When assessing whether trips will operate UPT uses information from its local offices in conjunction with advice from the Australian Department of Foreign Affairs and Trade, the British Foreign Office and the US Department of State. It is your responsibility to accustom yourself with the travel advice provided by these government bodies, as well as that of your country of residency, before commencing the trip. By booking with UPT you acknowledge your decision to travel on a UPT trip is made after due consideration of relevant travel information that may be made available at any time.
EXCLUSION OF LIABILITY
Except where stated otherwise, UPT acts as agent for service providers when making arrangements for your trip. Where UPT provides services it will do so with due care and skill. UPT is not responsible for the acts and omissions of others, including tour guides, airlines and accommodation providers or for any loss, damage, death, injury or expense (including loss of money paid in advance), which you may incur as a consequence of the acts and omissions of others. You warrant that you have not relied on any representation made by UPT, any travel agent or other Representative, which has not been stated expressly on this brochure/itinerary/website. UPT will not accept responsibility or liability if you contravene any law or regulation of any country or region visited. Any independent arrangements that you make that are not part of the UPT trip (including pre-‐ and post accommodation) are entirely at your own risk and UPT cannot and does not give you any assurance, representation or warranty in connection with any such arrangements. To the fullest extent permitted by law and subject to the exception set out below, UPT does not accept liability for any loss, damage, death or injury however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from this contract or your participation in a trip, or in respect of a failure or omission on the part of UPT to comply with its obligations under this contract, or in respect of any other conduct that UPT undertakes in connection with a trip. To the fullest extent permitted by law and subject to the exception set out below, you also agree to release UPT and its officers, employees, agents and representatives (“Representatives”) from all costs, liability, loss and damage incurred by you in connection with your participation in any trip, and waive any associated claims that you may have against UPT or its Representatives as a result of your participation in any trip. For these purposes, UPT enters into these Booking Conditions as trustee or agent for its Representatives. To the fullest extent permitted by law and subject to the exception set out below, any condition or warranty, which would otherwise be implied into these Booking Conditions is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again. The “Exclusion of Liability” section set out in these Booking Conditions does not attempt or purport to exclude, restrict or modify liability arising under, or remedies that may be available to you, pursuant to legislation where the exclusion, restriction or modification of liability or remedies is not permitted. This includes legislation in part of the Trade Practices Act 1974 (Cth), and any state or territory Fair Trading Act (or its equivalent).
CANCELLATION BY UPT
UPT reserves the right to cancel a departure and will advise you of such cancellations no later than 56 days before the tour start date. If due to ‘Force Majeure’ or government travel advice, UPT reserves the right to cancel a departure at any time. With any form of cancellation, UPT will offer you alternative arrangements, and if the price of your alternative booking is of lower value than the original booking we will refund the difference to you. If you do not accept alternative arrangements we will refund all payments you have made to UPT, (in case of ‘Force Majeure’ or government travel advice refunds will be less any unrecoverable costs). UPT will not be liable for any additional costs incurred by you. Force Majeure UPT will not be liable for any delay in, change to or cancellation of trips due to ‘Force Majeure’. ‘Force Majeure’ means a circumstance beyond the reasonable control of UPT and includes, but is not limited to, war or threat of war, riot, civil strife, terrorist activity, industrial dispute, disease, industrial or nuclear disaster, adverse weather conditions, fire and strikes.
CANCELLATION BY YOU OR YOU ON BEHALF OF YOUR GROUP MEMBERS
If you, or you on behalf of any group members, wish to cancel all or any part of your booking, notification of cancellation must be made to UPT in writing via email. The date of the cancellation is the date on which written notification is received by UPT. Charge applicable as follows, per person:
- 56 days or more prior to tour start date – Loss of Deposit being US$500 per person.
- Between 31 and 55 days of tour start date – we will retain the deposit or 50% of the total booking cost per person, whichever is greater.
- *30 days and less prior to tour start date -‐ we will retain 100% of the total booking cost per person.
- Cancellation fees for air tickets issued by or on behalf of UPT will apply as determined by Airline Tariff Regulations, and may vary as to the type of ticket issued. Depending on the reason for your cancellation, these charges may be recoverable under any insurance policy you purchased. If you do not pay the balance of your total booking cost at least 56 days prior to tour start date, your booking may be terminated and you will lose your deposit. Additional UPT cancellation penalties may apply. No refunds will be made if you leave a trip for any reason after the trip has begun. No refunds will be made for any accommodation, transport, sightseeing, meals or services not utilised.
BOOKING AMENDMENTS If you wish to change your booking in any way, the following fees will apply:
- Transfer from one tour to another Amendment request received by UPT 56 days or more prior to the original tour start date: US$150 per person per trip will be levied and must be paid prior to any transfer being confirmed. This fee is in addition to any non-‐refundable permits we may have secured for your trip. Amendment requests received by UPT within 56 days prior to the original tour departure date: charges will apply as per cancellation fees and a new tour will be organised.
- Amendments to your booking, in relation to any other arrangements made in conjunction with your tour (e.g. pre-‐ and post tour accommodation, transfers, etc.), received by UPT within 56 days prior to tour start date will be subject to a US$100 administration fee per change. This fee is in addition to any charges levied by ground operators, hotels or airlines.
- No amendments are permitted to your booking within 10 days of tour start date.
LATE BOOKINGS
Booking requests received by UPT within 30 days before tour start date may require full payment before we can confirm a tour. If we cannot confirm the booking we will refund you in full any monies paid to UPT. UPT will not be liable for any additional costs incurred by you.
CHANGES TO YOUR HOLIDAY
You acknowledge that travelling with UPT requires a degree of flexibility, good humour, and an understanding that the itinerary, accommodation, and/or modes of transport may change, even after a tour’s commencement, without prior notice due to local circumstances. Changes may occur because of ‘Force Majeure’, poor road conditions, weather, the availability of tickets, vehicle breakdowns, changes in transport schedules, or other circumstances beyond UPT’s control or which simply cannot be foreseen. UPT do not accept any responsibility for loss of enjoyment, delays or compensation resulting from circumstances beyond UPT’s control. You acknowledge that group sizes may also vary during the duration of your tour. The information about trips given in this brochure/itinerary/website, Pre-‐Arrival Information are subject to change. It is your responsibility to review the up-‐to-‐date Pre-‐Arrival Information. These can be obtained from UPT, UPT’s website or your travel agent. The information and conditions in the Pre-‐Arrival Information are deemed to be part of the contract. Where changes to your trip occur after you have received your final documentation we will, where practical, advise you or your travel agent of such changes.
AUTHORITY OF THE LEADER
At all times the decision of the UPT leader or representative (“UPT Leader”) will be final on all matters likely to affect the safety and well-‐being of the trip. This includes any decision that the UPT Leader makes about your on-‐going participation in the trip or certain activities that comprise part of the trip. If you fail to comply with a decision made by a UPT Leader, or interfere with the well-‐being of the group, then the UPT Leader reserves the right to terminate this contract and order you to leave the tour immediately, with no right of refund.
COMPLAINTS
If you have any complaint about your trip, you must make it known at the earliest opportunity to the leader and/or UPT local representative, who will normally be able to take appropriate action. If at the end of the trip you feel your complaint has not been properly dealt with you must notify us in writing within 30 days of the end of your trip.
TRAVEL INSURANCE
Adequate and valid travel insurance is compulsory for all UPT travellers. Your travel insurance must cover accidents, injury, illness and death medical expenses, including any related to pre-‐existing medical conditions, emergency repatriation (including helicopter rescue and air ambulance where applicable) and personal liability. UPT also recommends it covers cancellation, curtailment and loss of luggage and personal effects. You must carry proof of insurance with you and produce it if reasonably requested by UPT’s employees or suppliers. UPT reserves the right to cancel or suspend your participation on a trip or in certain activities that comprise part of a trip, at any time, including after the commencement of your tour, with no right of refund, if you are unable to provide proof of insurance when requested.
PASSPORT AND VISAS
It is your responsibility that you carry a valid passport and have obtained the appropriate visas when travelling with UPT. Please ensure that your passport is valid for 6 months beyond the duration of your holiday.
HEALTH AND FITNESS
It is your responsibility to advise UPT of any pre-‐existing medical condition and/or disability that might reasonably be expected to increase the risk of you requiring medical attention, or that might affect the normal conduct of a tour and the enjoyment of other trip members. If requested by UPT, or our suppliers, you may be required to provide an assessment of your medical condition and/or a Medical Clearance Form, the latter which requires certification by a medical practitioner. UPT reserves the right, at its reasonable discretion, to cancel your booking and refund the money paid by you, less any unrecoverable costs. UPT also reserves the right to cancel your participation in a trip at any time, including after the commencement of your trip, with no right of refund if your medical condition and/or disability could be reasonably expected to affect the normal conduct of the trip and the enjoyment of other trip members.
PUBLICITY
You agree that UPT may use images of you taken during the trip without recourse to you and without compensation to you, for publicity and promotion purposes only through whatever medium it chooses.
PRIVACY
In order to be able to supply a service to you UPT will need to collect certain information from you, some of which may be of a personal nature. The information may be disclosed to, or collected on our behalf by our service providers to enable the services to be provided, but will not be used by them for any other purpose.
GOVERNING LAW
This agreement will be governed by and construed in accordance with the law of New South Wales, Australia and each party agrees to submit to the exclusive jurisdiction of the courts of New South Wales, Australia as regards any claim or matter arising under this agreement.
UPDATING OF TERMS AND CONDITIONS
The Company reserves the right to update and/or alter these terms and conditions at anytime, and it is the Clients responsibility to be familiar with them. The latest
terms and conditions can always be found on the Company website www.ultimateperutavel.com and will supersede any previous versions.