BOOKING CONDITIONS
This is where your journey begins! Please read these booking conditions carefully. They set out your agreement with Odyssey Treks Inc. and contain important information. We’ve tried our best to keep the fine print to a minimum. The trips on this website are operated by Odyssey Treks Inc., which has its head office in Calgary, Canada (“Odyssey Treks”).
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 Odyssey Treks and you for the services provided by Odyssey Treks and set out the basis of your legal relationship with Odyssey Treks.
By booking with us and paying the non-refundable deposit of $250 per passenger, per trip, or full payment, you acknowledge that you have read, understood and agree to be legally bound by these Booking Conditions. 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.
1) PRICES AND VALIDITY
Prices are on twin share basis, and based on costs and exchange rates applicable when we published them on the website. Odyssey Treks reserves the right to adjust prices throughout the year based on adjusted costs from our suppliers. We will not raise prices more then ten percent at any point in the year. If you have already made full payment this will not affect you. If a price increase does occur, any remaining amount owed will incur the reflected percentage increase. We will do everything within our control not to adjust prices and will generally only amend prices in the event of marked fluctuations in exchange rates, fuel costs and other operating costs on which prices are based. Dates and itineraries departing after July 1st 2013 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.
2) YOUR TRIP AND ASSUMPTION OF RISK
Odyssey Treks 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 Odyssey Treks 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 Odyssey Treks trip involves visiting remote or unstable regions, or regions where there is dangerous wildlife. When assessing whether trips will operate Odyssey Treks uses information and advice from the Canadian 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 Odyssey Treks you acknowledge your decision to travel on a Odyssey Treks trip is made after due consideration of relevant travel information that may be made available at any time.
Condition 2.b refers to all bookings in all regions worldwide
2.b) Acceptance of Risk – Please be assured that the Odyssey Treks service providers will always do the utmost to ensure your safety and well-being when on tour. Therefore, you accept that on certain tours in particular countries around the world, which travel through areas with dangerous wildlife, Odyssey Treks local service providers will on day 1 of the tour need you to sign an ‘Acceptance of Risk’ form prior to accepting your participation on the tour. The purpose of the form is to make you aware of the risks and dangers involved with traveling in these areas, and to indemnify the service provider and Odyssey Treks from any claims made by you for incidents arising due to circumstances outside the service provider’s and Odyssey Treks’ reasonable control.
3) EXCLUSION OF LIABILITY
Except where stated otherwise, Odyssey Treks acts as agent for service providers when making arrangements for your trip. Where Odyssey Treks provides services it will do so with due care and skill. Odyssey Treks 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 Odyssey Treks, any travel agent or other Representative, which has not been stated expressly in this brochure. Odyssey Treks 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 Odyssey Treks trip (including pre- and post accommodation) are entirely at your own risk and Odyssey Treks 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, Odyssey Treks does not accept liability for any loss, death, injury or damage, 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 Odyssey Treks to comply with its obligations under this contract, or in respect of any other conduct that Odyssey Treks 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 Odyssey Treks 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 Odyssey Treks or its Representatives as a result of your participation in any trip. For these purposes, Odyssey Treks 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.
Exception- 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.
4) CANCELLATION BY ODYSSEY TREKS
Odyssey Treks reserves the right to cancel a departure and will advise you of such cancellations no later than 30 days before the tour departure date. If due to ‘Act of Nature’ or government travel advice, Odyssey Treks reserves the right to cancel a departure at any time. With any form of cancellation, Odyssey Treks 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 Odyssey Treks, (in case of ‘Act of Nature’ or government travel advice refunds will be less any unrecoverable costs). Odyssey Treks will not be liable for any additional costs incurred by you. Act of Nature- Odyssey Treks will not be liable for any delay in, change to or cancellation of trips due to ‘Act of Nature’. ‘Act of Nature’ means a circumstance beyond the reasonable control of Odyssey Treks 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.
5) CANCELLATION BY YOU
If you wish to cancel all or any part of your booking, notification of cancellation must be made to Odyssey Treks in writing. The date of the cancellation is the date on which Odyssey Treks receives written notification. Days before departure charge applicable as follows, per person:
Odyssey Treks tours
More than 60 days – Loss of deposit and any permits purchased on your behalf. Between 60 and 31 days – Loss of 50% of total booking cost and cost of any permits
30 days or less – Loss of 100% of total booking cost and cost of any permits as well Cancellation fees for air tickets issued by or on behalf of Odyssey Treks 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 have purchased. If you do not pay the balance of your total booking cost at least 60 days prior to departure your booking may be terminated and you will lose your deposit. Additional Odyssey Treks 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 utilized.
6) BOOKING AMENDMENTS
If you wish to change your booking in any way, the following fees will apply:1. Transfer from one tour to another. Amendment request received by Odyssey Treks 60 days or more prior to the original tour departure date: $150 per person per trip will be levied and must be paid prior to any transfer being confirmed. Amendment request received by Odyssey Treks within 60 days prior to the original tour departure date: charges will apply as per cancellation fees. 2. 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 Odyssey Treks within 60 days prior to tour departure date will be subject to a $100 administration fee per change. This fee is in addition to any charges levied by ground operators, hotels or airlines. 3. No amendments are permitted to your booking within 10 days of departure.
7) CHANGES TO YOUR HOLIDAY
You acknowledge that traveling with Odyssey Treks 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 ‘Act of Nature’, poor road conditions, weather, the availability of tickets, vehicle breakdowns, changes in transport schedules, or other circumstances beyond Odyssey Treks’ control or which simply cannot be foreseen. Odyssey Treks does not accept any responsibility for loss of enjoyment, delays or compensation resulting from circumstances beyond Odyssey Treks’ control. You acknowledge that group sizes may also vary during the duration of your tour. The information about trips given in this brochure, Trip Notes and Pre-Departure Information are subject to change. It is your responsibility to review the up-to-date Trip Notes and Pre-Departure Information. These can be obtained from Odyssey Treks, Odyssey Treks’ website. The information and conditions in the Trip Notes and Pre-Departure 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.
8) AUTHORITY OF THE LEADER
At all times the decision of the Odyssey Treks leader or representative (“Odyssey Treks Leader”) will be final on all matters likely to affect the safety and well-being of the trip. This includes any decision that the Odyssey Treks 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 Odyssey Treks Leader, or interfere with the well-being of the group, then the Odyssey Treks Leader reserves the right to terminate this contract and order you to leave the tour immediately, with no right of refund.
9) COMPLAINTS
If you have any complaint about your trip, you must make it known at the earliest opportunity to the leader and/or Odyssey Treks 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.
10) TRAVEL INSURANCE
Adequate and valid travel insurance is compulsory for all Odyssey Treks’ travelers. 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. Odyssey Treks also recommends it covers cancellation, curtailment and loss of luggage and personal effects. You must carry proof of insurance with you and produce it before commencing any tour of ours or if reasonably requested by Odyssey Treks’ employees or suppliers. Odyssey Treks 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.
11) PASSPORT AND VISAS
It is your responsibility that you carry a valid passport and have obtained the appropriate visas when traveling with Odyssey Treks. Please ensure that your passport is valid for 6 months beyond the duration of your holiday.
12) HEALTH, FITNESS, TRIP GRADES AND AGE LIMITS
It is your responsibility to advise Odyssey Treks 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 Odyssey Treks, or our suppliers, you may be required to provide an assessment of your medical condition by completing a special Health & Fitness Questionnaire and/or a Medical Clearance Form, the latter which requires certification by a medical practitioner. Odyssey Treks reserves the right, at its reasonable discretion, to cancel your booking and refund the money paid by you, less any unrecoverable costs. Odyssey Treks 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. Generally, we do not allow travelers under the age of 25 years or older then 55 years of age on Odyssey Treks scheduled itineraries. For further information please contact Odyssey Treks.
13) PUBLICITY
You agree that Odyssey Treks may use images or video 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.
14) PRIVACY
In order to be able to supply a service to you Odyssey Treks 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. Please call us on (8735) for further information or refer to our website: http://www.odysseytreks.com/privacy
15) GOVERNING LAW
This agreement will be governed by and construed in accordance with the law of Alberta, Canada and each party agrees to submit to the exclusive jurisdiction of the courts of Alberta, Canada as regards any claim or matter arising under this agreement.
