All Icepedition
Customers are required to be aware of the following before booking a tour:
Travel Insurance
Travel Insurance
that covers Personal Accident, Medical and Hospital Expenses, Repatriation and
Curtailment is compulsory for all Clients on all Icepedition tours. Protection
for a minimum of US$100,000 emergency medical evacuation plus US$100,000
medical expenses is mandatory.
Insurance
Documentation
A copy each
Client’s insurance policy detailing policy validity dates, cover and names of
those insured must be submitted to the tour leader on arriving at Keflavik
airport in Iceland. Clients acknowledge prior to submitting any deposits that
in the event they arrive without this documentation they will not be permitted
to join the tour and their entire fee paid will be forfeited and not refunded
with no recompense. Furthermore The Client acknowledges that Icepedition and
Chris Gordon LLC have no liability to its clients for death, injury, damage or
loss should they try to pursue Icepedition’s itineraries on their own.
Passports CVX
and Visas
Icepedition
Clients accept full responsibility for having at least 6 months validity in
their passport (from the time of returning home) and any required Visas. The
Client acknowledges that they will fully forfeit any and all fees paid without
recompense in the event that they are denied entry into a foreign country
because their travel documents are not valid or for any other reason.
Fitness and
Ability
Icepedition
clients acknowledge that they are fit and healthy enough and able to
participate in all elements of the tour, and likewise have read tour
literature, have raised any questions or concerns prior to submitting deposits
and are happy with this before booking. Icepedition Clients acknowledge prior
to submitting deposits that lack of fitness and ability to participate will not
in any way entitle them to reimbursement of deposits and fees paid.
Deposit Schedule
and Cancellation Fees
Clients must
submit a deposit of 50% of the entire tour package price 90 days prior to
departure date. The balance is due 30 days prior to departure date, at which
point no deposits are considered refundable. Cancellation charges will be
calculated from the day written notification is received by the Company or
their agent.
BOOKING
CONDITIONS
Booking
Conditions - Before placing a booking with Icepedition, you must read the full
booking conditions carefully as it is your contract with Icepedition and Chris
Gordon LLC and clearly lays out what you have agreed with us.
Icepedition and Chris Gordon
LLC (‘the Company’, “we”, “us” and “our”) accepts bookings subject to the
following conditions. All references in these conditions to “tour”, “booking”,
“contract” or “arrangements” mean such tour arrangements unless otherwise
stated. Please note, the information appearing in the sections headed “An
Invitation” . “Icepedition’s Unique Premise”, “I’m not really into tours
either…”, “Don’t listen to us…”, “2010 Itineraries and Pricing”, “Summer
Solstice 2010”, “Time-After-Thyme 2010”, “Independent Travel Opportunities”,
“About Us”, “The Fine Print”, “Links”, “Contact Us”, in
our brochure or in these or any comparable sections and any other relevant
information on our website also form part of your contract with the Company.
References in these conditions to such sections include the comparable sections
or information on our website.
1.YOUR TOUR
CONTRACT The contract is between the Company and the client (“the client” and
“you” in these conditions), being any person traveling or intending to travel
on a tour operated by the Company including any person who is added or
substituted after booking. We both agree that U.S. law (and no other) will
apply to your contract and to any dispute, claim or other matter of any
description which arises between us (except as set out below).We both also
agree that any dispute, claim or other matter of any description (and whether
or not involving any personal injury) which arises between us must be dealt
with by the Courts of New York State only. No employee of the Company other
than a director has authority to vary or omit any of these terms. No promise of
a discount or refund will be binding on us unless confirmed by us in writing.
2.TO SECURE YOUR
BOOKING (Please refer to Clause 17 Late Bookings) To secure a booking the
Company or their agent requires a completed booking form and the necessary
deposit or full payment for travel within 90 days. Clients booking by
telephone, on the website, by e-mail or facsimile will be deemed to have agreed
to the following four conditions: a) they and all persons named on the booking
have read and accepted our booking conditions and general information pages on
our website. b) they and all persons named on the booking appreciate and accept
the risks involved in adventure travel. c) they or anyone else on their booking
does not suffer from any pre-existing medical condition or disability which may
prevent them from actively participating in the tour – if any person suffers
from any medical condition or disability which will or may affect their tour
arrangements, please contact us before making your booking as referred to in
clause 10 below so that we can advise. d) the person making the booking
warrants that he/she is at least 18 years old and has full authority to enter
into a contract on the basis of these conditions on behalf of all persons named
on the booking and confirms that all such persons are fully aware of and accept
these conditions. A booking is accepted and becomes definite only from the date
when the Company sends a confirmation invoice to the client who makes the
booking or their authorized travel agent. 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 brochure prices. The Company or their agents reserve the
right to decline any booking at their discretion. If you book via our website,
we will communicate with you by email. You must accordingly check your e-mails
on a regular basis. We may also contact you by telephone and/or mail if we
cannot, for whatever reason, contact you by e-mail. Certain documents may need
to be sent by mail. References in these conditions to “send” and “in writing”
or similar include communication by e-mail. You should contact us by e-mail if
you need to do so for any of the reasons mentioned in these booking conditions
(for example, to request an amendment)
3. PAYMENT FOR
YOUR TOUR The balance of all monies due, including any surcharges, must be paid
to the Company or their agent not later than 30 days before departure. In the
case of nonpayment of the balance by the due date the Company may treat the
booking as cancelled by the client. A $10 document preparation and shipping fee
may be added to your invoice. Monies paid to an agent acting on behalf of the
Company for tours operated by the Company are held for the client until the
client receives written confirmation of the acceptance of a booking.
Thereafter, these and any other monies are held by the agent on behalf of the
Company.
4. IF YOU CHANGE
YOUR BOOKING An administration fee of US$100 per booking plus any additional
costs incurred will be charged if a confirmed booking is changed or transferred
prior to 90 days before departure. Thereafter all changes will be treated as
cancellations and subject to the charges below. Changes are subject to
availability.
5. IF YOU CANCEL
YOUR BOOKING Should the client wish to cancel, cancellation charges will be
imposed. These are calculated from the day written notification is received by
the Company or their agent as a percentage of the total tour price, including
surcharges, as shown below, or the non-refundable deposit, whichever is
greater. The cancellation charges shown below are those which apply to most
tours. However, some suppliers have conditions which require the payment of
higher or different charges (including the imposition of 100% cancellation
charges well in advance of the normal balance due date) which you will have to
pay in the event of cancellation. You will be advised at the time of booking if
this is the case for your tour Clients must submit a deposit of 50% of the
entire tour package price 90 days prior to departure date. The balance is due
30 days prior to departure date, at which point no deposits are considered
refundable. In addition to the these cancellation fees, the full insurance
premium is also retained in the event of a cancellation. It is strongly
recommended that full insurance is taken out which includes cover, under
certain circumstances, against the loss of deposit or cancellation charges.
6. IF YOU HAVE A
COMPLAINT Should the client have a complaint about any of the tour
arrangements, the client must tell both the relevant supplier and the Company’s
representative at the time. Failure to complain on the spot will result in the
client’s inability to claim compensation from the Company.
7. PASSPORTS,
VISAS AND VACCINATIONS Clients are responsible for arranging, and must be in
possession of, a valid passport and any visas and vaccination certificates
required for the whole of their journey. Information about these matters or
related items (climate, clothing, baggage, personal gear etc) is given in good
faith but without responsibility on the part of the Company.
8.TRAVEL AND
CANCELLATION INSURANCE Clients are responsible for effecting sufficient
personal travel insurance. Travel insurance is mandatory for all clients while
on a tour organized by the Company. Clients together with their personal
property including baggage are at all times solely at their own risk.
Protection for at least US$100,000 emergency medical evacuation plus US$100,000
medical expenses is mandatory. Clients are wholly responsible for arranging
their own insurance and ensuring that they are in possession of private Travel
Insurance with protection for the full duration of the tour in respect of at
least medical expenses, injury, death, repatriation, cancellation and
curtailment, with adequate benefits. Clients making their own arrangements
should ensure that there are no exclusion clauses limiting protection for the
type of activities included in their tour. Whether clients choose to obtain
Travel Insurance through the Company, the Company’s agent or through their own
independent arrangements, the clients must satisfy themselves that any such
insurance is what they require and clients should arrange supplementary
insurance if need be.
9. IMPORTANT:
LIABILITY INSURANCE Limited insurance is held by the operator. The client
acknowledges and accepts that there may be no policy covering the Company’s
liability to its clients for death, injury, damage or loss occurring anywhere
in the world. The client also specifically acknowledges that with respect to
passenger accident liability cover this cover may be very limited or may not
exist at all. The client acknowledges that the company has taken reasonable
steps in safeguarding its liability. Although the Company does hold various
insurances this booking condition states that the client must assume he/she is
not covered by any Company insurance policy, including all liability insurance,
for death, injury, damage or any other loss.
10.TOUR
PARTICIPATION AND CLIENT RESPONSIBILITY Clients agree to accept the authority
and decisions of the Company’s employees, tour leaders and agents whilst on
tour with the Company. If in the opinion of any such person(s) or any other
person in a position of authority (such as, for example, an airline pilot or
hotel manager), the health, level of fitness or conduct of a client at any time
before or during a tour is endangering or appears likely to endanger the health
or well being of the client or any third party (including any other clients of
the Company) or the safe, comfortable or happy progress of the tour, the client
may be excluded from all or part of the tour without refund or recompense. Where
a client is excluded, the Company will have no further responsibility towards
them (including any return travel arrangements) and we will not meet any
expenses or costs incurred as a result of the exclusion. In the case of ill
health, the Company may make such arrangements as it sees fit and recover the
costs thereof from the client. If a client commits an illegal act (including,
for example, causing any damage) the client may be excluded from the tour and
the Company shall cease to have responsibility to/for them as above. No refund
will be given for any unused services. When you book with us, you accept
responsibility for any damage or loss caused by you or any member of your
party. Full payment for any such damage or loss (reasonably estimated if not
precisely known) must be made direct to the accommodation owner or manager or
other supplier or to us as soon as possible. If the actual cost of the loss or
damage exceeds the amount paid where estimated, you must pay the difference
once known. If the actual cost is less than the amount paid, the difference
will be refunded. You will also be responsible for meeting any claims
subsequently made against us and all costs incurred by us (including our own
and the other party’s full legal costs) as a result of your actions. You should
ensure you have appropriate travel insurance to protect you if this situation
arises. If you have any medical condition or disability which may affect your
active participation in your tour or the tour arrangements of any other person
or have any special requirements as a result of any medical condition or
disability (including any which affect the booking process), please tell us
before you confirm your booking so that we can assist you in considering the
suitability of the proposed tour and/or making the booking. In any event, you
must give us full details at the time of booking and whenever any change in the
condition or disability occurs. You must also promptly advise us if any medical
condition or disability which may affect your active participation in your tour
or the tour arrangements of any other person develops after your booking has
been confirmed.
11. SURCHARGES
Prices quoted in this program are based on currency rates as at January 1,
2010. However, as external factors may affect exchange rates, air fares,
transportation and accommodation, the Company reserves the right to adjust fees
accordingly and commensurate to such fluctuations. Please read the following
notice as it is your contract with Icepedition and Chris Gordon LLC and clearly
lays out what you have agreed with us. The Company reserves the right to alter
the price of any tour and forward an amended invoice. Any price increase will
normally be notified more than 4 weeks before departure.
12. IF WE CHANGE
YOUR TOUR While the Company will do its best to operate all tours as
advertised, it reserves the right to change and correct errors in any of the
facilities, services, prices or itineraries described in this brochure and/or
on our the website at any time before or after your booking is confirmed. Most
changes are minor. Occasionally, we have to make a significant change. If a
significant change has to be made, the Company will inform the client as soon
as reasonably possible, if there is time before departure. For “Guaranteed
Departures”, we promise not to make any significant changes to the “land only”
itinerary unless we are forced to do so by force majeure (see clause 14). This
guarantee does not, however, apply to any international or domestic flights
which may be subject to change or cancellation in accordance with these
conditions. A significant change is a change made before departure which we can
reasonably expect to have a major effect on your tour. If advised of a
significant change before departure the client will have the choice of
accepting the changed arrangements (at additional cost if applicable),
purchasing another available tour from the Company (paying or receiving a
refund in respect of any difference in price) or canceling the tour with a full
refund of all monies paid to us. No compensation will be payable and the above
options will not be available where a change is a minor one. We regret we
cannot meet any visa, vaccination or similar costs in the event of any change
or cancellation by us. Similarly, as you are advised only to book fully
flexible connecting transport and other arrangements (such as pre or post
accommodation) which can be cancelled or changed without charge, we cannot pay
any cancellation, amendment or other charges you may incur in relation to any
arrangements which you have to change or cancel as a result of any change to
your tour. Very rarely, we may be forced by "force majeure" (see
clause 14) to change or terminate your tour after departure but before the
scheduled end of your time away. This is extremely unlikely but if this
situation does occur, we regret we will be unable to make any refunds (unless
we obtain any refunds from our suppliers), pay you any compensation or meet any
costs or expenses you incur as a result.
13. IF WE CANCEL
YOUR TOUR The Company reserves the right to cancel a tour in any circumstances
but will not cancel a tour less than 5 weeks before the start of the tour
except for force majeure (see clause 14), consolidation / cancellation of tours
where minimum numbers have not been achieved or the client’s failure to make
all payments (including the final balance and any surcharge) when due. Please
note, except for “Guaranteed Departures”, our tours require a minimum number of
participants to enable us to operate them. If any tour does not have the
minimum number of participants required to make it commercially viable, we are
entitled to cancel it. We will notify you or your travel agent of cancellation
for this reason not less than 5 weeks before the start of your tour. For
“Guaranteed Departures”, there is no minimum group size and we will not cancel
the “land only” itinerary unless forced to do so by force majeure (see clause
14). If we have to cancel, we will tell you as soon as possible. If there is time
to do so before departure and the cancellation does not result from your
failure to pay, we will offer you the choice of purchasing the alternative tour
offered as a result of consolidation or another available tour from the Company
(in either case, paying or receiving a refund in respect of any difference in
price) or receiving a full refund of all monies paid to us. We regret we cannot
meet any visa, vaccination or similar costs in the event of any change or
cancellation by us. Similarly, as you are advised only to book fully flexible
transport and other arrangement which can be cancelled or changed without
charge, we cannot pay any cancellation, amendment of other charges you may
incur in relation to any transport or other arrangements which you have to
change or cancel as a result of the cancellation of your tour.
14. FORCE
MAJEURE Except where otherwise expressly stated in these conditions, we regret
we cannot accept liability or pay any compensation where the performance or
prompt performance of our obligations under our contract with you is prevented
or affected by or you otherwise suffer any injury, damage, loss or expense of
any nature as a result of "force majeure". In these conditions,
"force majeure" means any event which we or the supplier of the
service(s) in question could not, even with all due care, foresee or avoid.
Such events may include actual or threatened war, riot, civil strife, terrorist
activity, industrial dispute, natural or nuclear disaster, adverse weather
conditions, earthquakes, volcanic eruptions, disease, fire and all similar
events outside our control.
15. OUR
RESPONSIBILITY FOR YOUR HOLIDAY Clients bookings are accepted on the
understanding that they appreciate the possible risks inherent in adventure
travel and that they undertake the tours, treks or expeditions featured at
their own volition. Due to political and cultural differences, as well as
generally tougher physical conditions, travel to many areas of the world
involves risks other than those we take in our daily lives. The Company and the
tour operators it works with place extreme importance on the safety of clients.
It is important, however, that clients realize that they are responsible for
making themselves aware (through State Department advisories, Government Tourist
Offices and other sources of information) of the risks involved, and are
responsible for making their decisions accordingly. No refund will be made for
any unused services which are included in the price. The Company shall not be
liable for any delays, deviations or omissions from any tour caused by
circumstances beyond its reasonable control, nor for any direct or indirect
consequences thereto. The Company shall not be liable to compensate clients for
associated expenses incurred as a result of their booking. The Company only
acts as agent for the owners, contractors, suppliers of transportation and
local operators/agents, and/or other related travel services provided and
assumes no liability or responsibility for additional expenses howsoever caused
arising directly or indirectly from the actions or omissions of such
independent parties, accidents, loss or damage to person or property, delays,
transport failures, strikes, war, force majeure, Acts of God etc, over which it
has no control. Arrangements so made by the Company will be subject to any
special terms imposed by the supplier of these services. The Company accepts no
liability for any action or activity undertaken by the client arranged
independently of the Company while on tour. The Company accepts no liability
for any circumstance arising pursuant to the agreement constituted by
acceptance of these conditions by the client save: a) where such circumstance
derives directly from a failure by the Company to use due diligence in the
selection of persons for whom it acts as agent; or b) for negligence on the
part of its employees causing death or personal injury; or c) to the extent of
recovery by the client under the insurance cover effected pursuant to these
conditions.
16.AIRLINES
Airlines featured are not responsible for any acts or omissions of any supplier
of transportation or accommodations other than the airline itself, and
accordingly, airlines are not liable in respect of either person or property
for any loss, damage, injury, accident, delay or irregularity, however
occasioned, sustained or suffered in or during any package, journey, trip or
tour other than while on the airline. International airlines are subject to
international air conventions limiting their liability, the limitations of
liability are contained on the reverse side of airline tickets and form part of
the terms and conditions of any package.
17. LATE
BOOKINGS We emphasize the importance of making a booking at the earliest
opportunity, because of the small group nature of our tours. For bookings
received within 6 weeks of departure we reserve the right to pass on any extra
costs incurred. A late booking fee of $50 per person should be included with
full payment if booking is within 35 days of departure. For bookings received
within 6 weeks of departure the Contract between the Company and the Client
comes into existence once full payment has been made and received by
Icepedition and Chris Gordon LLC.
18. BROCHURE /
WEBSITE / ADVERTISING MATERIAL ACCURACY The information contained in our
brochure, on our website and in our other advertising material is believed
correct to the best of our knowledge at the time of printing or publication.
However, errors may occasionally occur and information may subsequently change.
You must therefore ensure you check all details of your chosen tour (including
the price) with us or your travel agent at the time of booking.
EXPRESS WAIVER
OF ANY RIGHT TO SEEK CONSEQUENTIAL, PUNITIVE OR EXPEMPLARY DAMAGES: Regardless
of the situation or circumstance giving rise to claim, you waive any right to
seek consequential, punitive or exemplary damages against the Company and/or
Adventure Center, its owners, officers, directors, agents, contractors,
subcontractors and employees, for any reason whatsoever.
2010 PRICES
Dates, prices
(including travel insurance premiums) and itineraries shown for tours departing
from January 2010 may be subject to change. Tour prices may alter up or down by
a maximum of 10% due to unforeseen air or ground cost or exchange rate
fluctuations. In the unlikely event that the tour price increases above 10% for
confirmed bookings, clients may cancel with a full refund of monies paid to
Explore – see clause 11 “Surcharges”. Tours and prices in this brochure
supersede details published in any previous brochure.
CALIFORNIA
SELLER OF TRAVEL PROGRAM Please be advised that California has established a
Travel Consumer Restitution Fund. It does not cover non- California residents
and, even in the case of California residents, does not cover any foreign
travel where the foreign ‘providers of transportation or travel services’ are
not in compliance with the Seller of Travel Law (compliances being defined as:
registered as a Seller of Travel Consumer Restitution Fund).Thus none of the
trips in this brochure qualify and by law you are required to be advised that
you would not be eligible to make any claim from that fund in the unlikely
event of any default by Icepedition and Chris Gordon LLC