Issue link: http://gadventures.uberflip.com/i/619656
required for entry, departure and travel to each country or region visited or traveled through throughout the itinerary of the applicable Tour, and for re-entry to the Client's country of residence or departure as well as all visas, permits and certifi cates including but not limited to vaccination certifi cates, insurance policies, required for entry into all regions and participation in all parts of the Tour itinerary. All Clients must have a passport that is valid 6 months past the last date of travel with G Adventures. The Client accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the Tour, and is solely responsible for any adverse consequences resulting from missing or defective documentation. Client agrees that they are responsible for the full amount of any loss or expense suff ered or paid by G Adventures which are a direct result of the Client's failure to secure proper travel documentation. G Adventures does not represent or warrant the accuracy of any information or advice given by G Adventures regarding matters including but not limited to visas, vaccinations, climate, clothing, baggage, and/or special equipment and Client agrees that G Adventures is not responsible for any errors or omissions in such information. 14. FLEXIBILITY & UNUSED SERVICES By booking a Product with G Adventures, the Client agrees that the nature of adventure travel requires considerable fl exibility and acknowledges that they will permit reasonable alterations to the Product(s) and/or any Tour itinerary by G Adventures. The Client acknowledges their understanding that the route, schedules, itineraries, amenities and mode of transport may be subject to change without prior notice due to circumstances or events, which may include sickness or mechanical breakdown, incidents in the location where the Product will be operated, fl ight cancellations, strikes, events emanating from political disputes, entry or border diffi culties, extreme weather and other unpredictable or unforeseeable circumstances which are beyond the reasonable control of G Adventures and that G Adventures is not liable to any Client for such changes or amendments. G Adventures shall not be liable for or pay any discounts or refunds for missed or unused services which were missed or unused by the Client due to no fault of G Adventures, its agents, or representatives, which shall include any termination of the Client's participation in the Product due to the Client's own fault, negligence or breach of these Terms. 15. CHANGES Changes made by G Adventures: Reasonable changes to any Product or the itinerary of any Product may be made where deemed necessary or advisable for operational reasons by G Adventures, in its sole discretion. If G Adventures makes a Material Change (defi ned as a change aff ecting at least one in three full days of the itinerary, or which materially aff ects the character of the Product in its entirety) to any Product, G Adventures will inform the Client(s) booked on such Product of any Material Change as soon as reasonably possible, provided that there is suffi cient time before departure to properly notify all aff ected Clients. If a Material Change is made more than 14 days prior to departure, the aff ected Client may elect to: i) accept the Material Change and proceed with the amended Product; ii) book another Product of equivalent or greater value, if available (the Client shall be responsible for paying any diff erence in price between the amended Product and the Product booked in its place); iii) book another Product of a lower value, if available, with a refund payable to the Client of the diff erence in price; or iv) cancel and receive a full refund of all monies paid in respect of the land-only portion of the applicable Product (and for clarity, this shall not extend to additional Products booked by the same Client which are not subject to a Material Change). The aff ected Client must notify G Adventures or Client's travel agent of their decision within 7 days of receiving the notifi cation of alteration, or they shall have been deemed to accept the Material Change and deemed to have agreed to the amended Product itinerary. Once a Tour has departed, changes to such Product's itinerary may be necessary or advisable as a result of unforeseen circumstances or other reasons related to eff ective Product operation, health, safety, Client enjoyment, or Client comfort. Any such changes are at the discretion of G Adventures. The Client acknowledges that they must have reasonable fi nancial resources available to cover incidental expenses on every Product on which they travel, whether or not they arise from a change in the Product itinerary or from generally participating in the Product or travel, and that G Adventures shall not be liable for any Client's failure to prepare adequately for their travel and unforeseen circumstances which may arise during such travel and participation in the Product(s). G Adventures will not be liable for any indirect and or consequential losses associated with any changes to a Product's itinerary. Changes made by the Client: Client is responsible for ensuring that information provided to G Adventures in making their booking is accurate, up-to-date, and correct. Bookings are not transferable to other Products. Any changes to the travelling Client's name on any Product booking are subject to G Adventures' approval. Any changes to a booking will depend on availability and will be on a request basis and subject to G Adventures' approval. Any extra costs incurred for making the change requested by a Client will be charged to the Client along with an administrative fee. No changes are permitted to any booking within 10 days of departure of the fi rst Product to depart under the applicable booking. 16. CLIENT'S ACCEPTANCE OF RISK The Client acknowledges that the nature of the Products is adventurous and may involve a signifi cant amount of risk to Clients' health and/or safety. There are dangers inherent to adventure travel generally and Client acknowledges they have considered such risks to health and safety and are willing to assume it, by confi rming their booking of such Product. The Client hereby assumes all such risk and does hereby release G Adventures from all claims and causes of action arising from any losses, damages or injuries or death resulting from these risks inherent in travel, including adventure travel specifi cally, visiting foreign destinations, and participating in adventurous activities such as those included in Product itineraries. Standards of hygiene, accommodation and transport in some countries where Tours take place are often lower than comparable standards than what the Client may reasonably expect in their home country or region. The Client acknowledges that the degree and nature of personal risk involved depends on the nature of the Product booked, or the location(s) in which such Product operates, and that there may be a signifi cant degree of personal risk involved in travel on the Product, particularly if such Product involves physical activities, travel to remote locations, carriage by watercraft, participation in extreme sports or other high-risk activities, or travel to countries with under- developed infrastructure. The Client acknowledges she or he has considered the potential risks, dangers and challenges in light of their own personal capabilities and needs, and expressly assumes the risks associated with travel under such conditions. The Client acknowledges and agrees that G Adventures is not responsible for providing information or guidance to the Client with respect to local customs, weather conditions, specifi c safety concerns, physical challenges or laws in eff ect in any locations where Products are operated. The Client must at all times strictly comply with all applicable laws and regulations of all countries and regions visited on the applicable Tour. Should the Client fail to comply with the above or commit any illegal act when on the Tour or, if in the opinion of the G Adventures (acting reasonably), the Client's behavior is causing or is likely to cause danger, distress or material annoyance to others, G Adventures may terminate that Client's travel arrangements on any Product immediately without any liability on G Adventures' part and the Client will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements, including, without limitation, return travel, accommodations, meals or incidentals. Clients agree that they are responsible for any costs incurred by G Adventures, G Adventures' Third Party Suppliers or G Adventures' partners, as a result of damage, destruction, theft, or excess cleaning fees caused or occasioned by the Client while on a Tour. Clients agree to immediately report any pre-existing damage of this kind to staff of the accommodation, transportation service, or facility (as appropriate) and to G Adventures' representative as soon as possible upon discovery by the Client. Client agrees to take all prudent measures in relation to their own safety while on any G Adventures Tour, including, but not limited to, the proper use of safety devices such as seatbelts, harnesses, and helmets, and obeying all posted signs and warnings in relation to Client health and safety. Neither G Adventures nor its Third Party Suppliers (as hereinafter defi ned) shall be liable for any failure on the Client's part to comply safety instructions or recommendations of G Adventures or its Third Party Suppliers. Client agrees to bring any complaints regarding a Product to G Adventures as soon as possible in order to provide G Adventures with the opportunity to address such complaint properly. Client agrees to inform the Tour Leader or other designated G Adventures representative at the earliest opportunity, or to the G Adventures local Offi ce Manager at the nearest location to the applicable Tour, or to G Adventures' Customer Service department directly. G Adventures assumes no liability for complaints that are not properly brought to the attention of G Adventures with suffi cient notice for G Adventures to resolve or attempt to resolve any Client complaints. Any complaint made after the completion of a Tour must be received in writing by G Adventures via its agents or directly within 30 days of the end of the Tour in question. 17. G ADVENTURES IS NOT LIABLE FOR ITS THIRD PARTY SUPPLIERS G Adventures 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 the travel services and other services you purchase or which form the component parts of your Tour(s). Third Party Suppliers may also engage the services of local operators and/or sub-contractors for the provision of travel services that form part of the Tour(s). Although G Adventures takes all reasonable care in selecting Third Party Suppliers, G Adventures is unable to control Third Party Suppliers and do not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. The travel services and other services provided by Third Party Suppliers are subject to the conditions imposed by these Third Party Suppliers and their liability is limited by their tariff s, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These conditions may limit or exclude liability of the Third Party Supplier. Client acknowledges that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they provide services and G Adventures does not warrant that any Third Party Supplier is in compliance with the laws of the Client's country of residence, or any other jurisdiction. G Adventures 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 G Adventures and its employees. For clarity, the Client agrees that G Adventures and/or any carrier will not be held liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors. 18. OPTIONAL EXTRAS Optional Extras (which for the purposes of this section mean any activity, transportation, meal, or any other product or service not expressly included in the Product description or itinerary, or in the price of the Product) do not form part of the Product. Client agrees that any assistance given by G Adventures' Tour Leaders or other G Adventures' representative in arranging, selecting, or booking, any Optional Extras is purely at the request of the Client, and G Adventures makes no warranties regarding such information and expressly disclaims any liability whatsoever arising from any Optional Extras or participation thereon by any Client, or any information provided by any G Adventures representative or Tour Leader regarding any Optional Extras. Accordingly, the Client hereby releases G Adventures 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. The Vessel used in Expedition Trips carries onboard service providers, which may include medical staff , spa personnel, and/or entertainers who operate as independent contractors. Their services and products are charged as optional extras. Neither G Adventures nor the Carrier is responsible for their performance or products. These contractors contract directly with the Client for their services. Neither G Adventures nor the Carrier is responsible for any such person's acts or omissions in providing goods or services to the Client. Shore Excursions on Expedition Trips are subject to their own set of Terms and Conditions, separate and apart from these Terms, and may be reserved after an Expedition Trip has been booked and confi rmed. All Clients must ensure that they are fi t and healthy to undertake Shore Excursions. Any Client using such services or activities shall be deemed to agree and consent that any liability for any loss, damages, death, personal injury, illness, emotional distress, mental suff ering or psychological injury or loss of or damage to property shall be the sole responsibility of the provider of such service or activity. 19. LIABILITY G Adventures is not responsible for any damages, expenses, losses, or claims which are attributable to the fault of any Client, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services that form any part of the Product(s), or a Force Majeure event (as defi ned herein). G Adventures shall have no liability for loss, theft of or damage to baggage or personal eff ects of Clients while participating in a Tour. Clients should not leave personal belongings unattended in any public areas, on board any mode of transportation, or elsewhere, and are responsible at all times for their own eff ects and belongings. G Adventures 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 G Adventures such as hotels, homestays, vessels, expedition vehicles, or any other mode of transportation. In the event that any loss, death, injury or illness is caused by the negligent acts and/or omissions of G Adventures or of the Third Party Suppliers of any services which form part of the Contract then G Adventures limits its liability, where applicable by all applicable International Conventions. Carriage of Clients and their luggage by sea is governed by the Athens Convention which is expressly incorporated into these Terms & Conditions and any liability of G Adventures and/or the Carrier for death or personal injury or for loss or damage to luggage arising out of carriage by sea shall 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 G Adventures and/or the Carrier. (a) in the case of apparent damage, before or at the time of disembarkation or redelivery; or (b) 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 G Adventures up to the Athens Convention limits shall be reduced in proportion to any contributory negligence by the Client and by the maximum deductible specifi ed in Article 8 (4) of the Athens Convention. Copies of the Athens Convention are available from G Adventures on request. In so far as G Adventures may be liable to a Client in respect of claims arising out of carriage by sea, G Adventures shall be 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 shall 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. G Adventures' liability will not at any time exceed that of the carrier under its Conditions of Carriage and/or applicable or incorporated conventions or other legislation. Any liability in respect of death and personal injury and loss of and damage to luggage which G Adventures may incur to the Client, whether under the contract with the Client in accordance with these Terms or otherwise, shall always be subject to the limits of liability contained in the Athens Convention for death/personal injury. Notwithstanding anything to the contrary elsewhere in these Terms, G Adventures shall not in any circumstances be liable to Clients for any loss or anticipated loss of profi t, 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 G Adventures may incur for the negligent acts and/or omissions of its Third Party Suppliers shall be limited to a maximum of the price which the Client paid for the Product, not including insurance premiums and administration charges. Where this relates to loss of and/or damage to luggage and/or other personal possessions then G Adventures liability will not exceed $1,000. G Adventures will not at any time be liable for any loss of or damage to valuables of any nature. The Client agrees that they shall be precluded from making a double recovery by making the same claims and seeking recovery against G Adventures and its Third Party Suppliers, contractors or other third parties. 20. LIABILITY: NATIONAL GEOGRAPHIC JOURNEYS National Geographic Expeditions provides educational enrichment for National Geographic Journeys as outlined in its catalog and on its website (www. nationalgeographicexpeditions.com) and has licensed G Adventures to organize and administer any Product classifi ed as National Geographic Journeys. The Client waives any claim against National Geographic Society, National Geographic Expeditions or any of their employees, parents, subsidiaries, affi liates, offi cers, directors, successors, representatives, assigns (collectively "National Geographic"). The Client acknowledges and agrees that the provisions of Section 16, 17 and 19 apply to National Geographic with respect to any Product classifi ed as National Geographic Journeys. National Geographic shall not be held liable for any damage to, or loss of, property or injury to, or death of, persons, whether direct or indirect, except in the unlikely event that such loss, damage, injury or death is a direct result of National Geographic's gross negligence or willful misconduct related to any Product classifi ed as National Geographic Journeys. 21. FORCE MAJEURE G 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 fi nancial costs both direct and indirect incurred, or for G Adventures failure to commence, perform and/or complete any duty owed to the Client 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 diffi culties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fi re, extreme weather or any other cause whatsoever beyond the reasonable control of G Adventures; or an event which G Adventures or the Third Party Supplier of services, even with all due care, could not foresee any and all of which, individually and collectively, shall constitute "Force Majeure". 22. IMAGES AND MARKETING The Client agrees that while participating in any G Adventures Product (including, without limitation, Group/Independent travel, Expedition Trips, National Geographic Journeys and other Product(s)) images, photos or videos may be taken by other Clients and/or G Adventures representatives or Tour Leaders that may contain or feature the Client in part or in whole. The Client acknowledges that they consent to any such pictures being taken and agree that Client hereby grants a perpetual, royalty-free, worldwide, irrevocable license to G Adventures, its affi liates and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees including but not limited to National Geographic), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to the Client or compensation payable to such Client. 23. NATIONAL GEOGRAPHIC JOURNEYS: LICESNSE TO CLIENT CONTENT Copyright in all photographs, video, and related materials created by the Client ("Expedition Materials") shall belong to the Client upon creation. By participating in any National Geographic Journeys Tour, the Client grants to G Adventures and National Geographic a non-exclusive, worldwide, irrevocable license to use any Expedition Materials provided by the Client to G Adventures or National Geographic in any media for the following limited purposes: editorial use, promotion of this editorial use, promotion of National Geographic's travel programs, or promotion of the mission of National Geographic. (See more at: http://www. nationalgeographicexpeditions.com/information/terms). By participating in any National Geographic Journeys Tour, the Client also grants to National Geographic the license and consent set forth in Section 22. 24. NATIONAL GEOGRAPHIC SOCIETY TRADEMARKS National Geographic Society owns the words "National Geographic," "National Geographic Society," "National Geographic Journeys," and YELLOW BORDER DESIGN (individually and collectively, the "NG Trademarks"). National Geographic has granted G Adventures a non- exclusive license to use the NG Trademarks for "National Geographic Journeys," separately or in combination with the Yellow Border Design, for the specifi c purpose of advertising and promoting any Product(s) classifi ed as National Geographic Journeys. G Adventures has no interest or rights in the use of the NG Trademarks other than through this license; G Adventures is a separate legal entity from NG and is in no way an integrated, divisional or consolidated party of NG's business. 25. PRIVACY POLICY G Adventures must collect personal information from Clients in order to give eff ect to any booking, to deliver the Products and any collateral services, and to assist in evaluating such Products. G Adventures takes care to safeguard all Client information and protect the privacy of all of our Clients. G Adventures collects, uses and discloses only that information reasonably required to enable us to provide the particular Product(s) that you have requested as described in the G Adventure's Privacy Policy, which can be accessed any time at http://www.gadventures.com/terms-conditions/ privacy/ and is expressly incorporated into these Terms. In particular, G Adventures may share your information, as necessary, with our Third Party Suppliers and operators who deliver services or component parts of Product to Clients, in order to enable them to provide such products and services. All such Third Party Suppliers are bound by the terms of the G Adventures Privacy Policy. By submitting any personal information to G Adventures, Clients indicate their acceptance of the terms of G Adventures' Privacy Policy. 26. SEVERABILITY In the event that any term or condition contained herein is unenforceable or void for any reason then such term or condition will be deemed severed from these Terms or amended to such extent necessary to allow all remaining terms and conditions hereof to survive and continue as binding. If any provision of these Terms is found to be so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof shall in no way aff ect the validity or enforceability of any other provision. 27. CONTRACT PARTIES & SUCCESSORS These Terms shall enure to the benefi t of and be binding upon G Adventure and the Client and their respective heirs, legal and personal representatives, heirs, executors, estate trustees, successors and assigns, as well as anyone named in any booking made by the booking Client on whose behalf the Client is purchasing any Product. 28. APPLICABLE LAW The Contract and these Terms are subject to the laws of Ontario, Canada and all Clients submit to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada for the resolution of any dispute under these Terms or concerning a Product. 29. AMENDMENTS G Adventures reserves the right to update or alter these Terms at any time, and shall post the amended Terms on the G Adventures website at http://www.gadventures.com/ terms-conditions/. Any such amendment shall take eff ect 10 days following its posting to the G Adventures website. The latest Terms, as amended, may be accessed any time on G Adventures' website or will be sent to Client upon written request to G Adventures. Clients shall be deemed to have accepted any amendments to these Terms on the date that is 10 days after their posting on the G Adventures' website. G Adventures recommends that all Clients refer to the Terms prior to their travel to familiarize themselves with the most up-to-date version hereof. WWEN1501 TERMS & CONDITIONS 135