Terms & Conditions
PLEASE NOTE THAT G Adventures INC. OPERATES TRIPS UNDER THE NAME OF BOTH G Adventures.
ADVENTURES INC. AND DISCOVERY ADVENTURES.
IN THE TERMS AND CONDITIONS THAT FOLLOW SHOULD YOU BE BOOKING A DISCOVERY ADVENTURES TRIP, PLEASE SUBSTITUTE DISCOVERY ADVENTURES FOR G Adventures INC. UNLESS OTHERWISE INDICATED.
THESE ARE THE TERMS AND CONDITIONS WHICH WILL APPLY TO YOUR BOOKING. PLEASE READ THEM CAREFULLY AS YOU WILL BE BOUND BY THEM.
These Terms and Conditions govern the relationship between you and G Adventures Inc. doing business as G Adventures. By booking a trip, you agree to be bound by these Terms and Conditions that outline, among other things, the cancellation policy and certain limitations of liability. These Terms and Conditions affect your rights and designate the governing law and forum for the resolution of any and all disputes.
1. THE CONTRACT:All persons wishing to make a booking have carefully read and understand the Terms and Conditions that follow. By making a booking by telephone, or on the website www.gadventures.com (or www.discoveryadventures.com if you are booking a Discovery Adventures trip), or by email or facsimile with the Company or its Agents, you accept on behalf of yourself and all those named on the booking including minors and person under a disability to be bound by these Terms and Conditions. A booking is accepted and becomes definite only from the date when the Company sends a confirmation invoice or email. 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. The person or persons named on the booking are hereafter referred to as the “Client”. All bookings are made with G Adventures Inc., “the Company”, which sells the tours described in this brochure and on the Company website or through its “Agents” who sell the Company’s tours through an agreement with the Company. A G Adventures Independent Trip is defined as booking anything included in the Independent and Tailor Made brochure. These Terms and Conditions shall constitute the entire agreement between the Company and the Client relating to the subject matter herein, and shall constitute a binding agreement. There is no verbal or written; representation, warranty, collateral agreement, prior agreement, description of services, or conditions, other than as expressed herein. The service to be provided is/are the tour(s) referred to in the booking confirmation.
Conditions of Carriage:All persons wishing to make a booking including any carriage by sea have carefully read and understand these Terms and Conditions, and the Expedition Ticket/Conditions of Carriage. Carriage by road, air or by sea is subject to the Company’s conditions of carriage that are available on request and are expressly incorporated into this contract. The Company’s liability for death and or personal injury and/or loss of and/or damage to luggage may be limited by international conventions including the Athens, Warsaw or Montreal Conventions.
3. MEDICAL CONDITIONS AND SPECIAL REQUIREMENTS:The Company must be notified in writing at the time of booking of any medical conditions, pregnancy, physically challenged conditions or any other mental and or physical condition which may affect fitness to travel and or any medical condition. Failure to notify the Company may result in the client being refused travel. Failure to notify the Company of any such condition that results in cancellation will result in 100% cancellation fees to the Client. Some trips may be unsuitable for Clients due to age, mobility, pregnancy or physical or mental conditions. It is the Client’s responsibility to check prior to booking. The Company may refuse to carry pregnant women over 24 weeks or Clients with certain conditions. The Company is not required to provide any special facilities unless it has agreed to do so in writing. The Company will do its best to meet Clients special requests including dietary, but such requests do not form part of the Contract and therefore the Company is not liable for not providing these requests. Medical facilities vary from country to country and the Company makes no representations and gives no warranties in relation to the standard of such treatment.
4. CURRENCY:The Company sells in six global currencies: Great British Pound (GBP), Euro (EUR), United States Dollar (USD), Canadian Dollar (CAD), Australian Dollar (AUD) and New Zealand Dollar (NZD). The currency applied to the Clients booking will be determined by the booking location of the Client, and the matching currency. The Company reserves the right, however, to apply the currency of their choosing to the booking.
5. QUOTE FEE:Quotes provided for the G Adventures Independent and Tailor Made product line are subject to a non-refundable quote fee of GBP£15, EUR€25, USD$25, CAD$25, AUD$25, or NZD$25. Should the booking be confirmed, this amount will be deducted off the final payment amount. Some quotes may be exempt from the quote fee, and if this is the case, will be outlined at time of quote.
6. DEPOSIT REQUIREMENT:(a) G Adventures Trips and G Adventures Independent Trips:
At time of booking a non-refundable deposit of GBP£100, EUR€250, USD$250, CAD$250, AUD$250, or NZD$250 per person per tour is due. If booking 60 days or less prior to departure, full payment is due. The non-refundable deposit and medical form, if applicable, should be sent to the Company or its Agent. G Adventures Tailor Made trips may require a higher deposit or full payment at the time of booking. If deposit is different from that outlined in this clause, the requirement will be advised at time of booking and detailed on the invoice. If a mixture of G Adventures, and G Adventures Independent and Tailor Made trips are booked, the most restrictive requirements will apply to the whole booking.
(b) Expedition Trips: At time of booking a non-refundable deposit of GBP£400, EUR€500, USD750, CAD750, AUD750, or NZD750 per person per tour is due. If booking 90 days or less prior to departure, full payment is due. The non-refundable deposit and medical form should be sent to the Company or its Agent.
7. FINAL PAYMENT/ACCEPTANCE OF BOOKING/CLIENT DETAILS:G Adventures Trips and G Adventure Tailor Made Trips: (a) Final Payment: Acceptance of the Client’s booking must be confirmed in writing by the Company. Please refer to the confirmation invoice and/or confirmation email for details regarding final payment. Payment of the balance of the tour price is due 60 days before the departure date of the first service booked. If full payment is not received by the due date, then rates and tour space cannot be guaranteed. If a booking is made 60 days or less before the departure date of the first service booked then the full amount is payable at the time the booking is confirmed. If this balance is not paid at the time the booking is confirmed the Company reserves the right to treat the Client’s booking as cancelled. G Adventures Tailor Made Trips may require a higher deposit or full payment at the time of booking. If full payment is different to that outlined in this clause, the requirement will be advised at time of booking and detailed on the invoice. If a mixture of G Adventures, and G Adventures Independent and Tailor Made trips are booked, the most restrictive requirements will apply to the whole booking.
(b) Local Payment: Most of the tours involve a local payment. This amount is the final payment for the tour. Local payment, in the specified currency in cash, is to be submitted to the leader upon arrival. Information on the local payment is outlined with the price in brochures, website, trip dossiers and on invoices. The local payment is non-refundable and is considered part of the total tour payment. If the Client does not provide full Local Payment in the specified currency on Day 1 of the Tour, the Company reserve the right to remove the Client from the tour without refund.
(c) Client Details: In order for the Company to confirm and guarantee the Client’s travel arrangements the Client must provide all Client details with their final payment as per the dates specified in Section 7(a). If the Client does not provide all details 60 days or more before departure, a fee of GBP£25, EUR€50, USD$50, CAD$50, AUD$50, or NZD$50 will be charged to the Client. In the event where client details have not been received by the Company 30 days prior to the Client’s trip departure, the Company reserves the right to treat the file as cancelled and full penalties will apply. Client details required will vary tour by tour, and will be advised during the booking process.
(d) Traveling with Children: The minimum age for Clients traveling on tours is 12 (for Family designated tours, the minimum age is 5). An adult over the age of 21 must accompany every 2 children under the age of 18. The ratio of adults to children traveling together must be one adult per two children and two adults per four children (17 and under). All enquiries with respect to children are subject to review and approval by the Company and reserves the right to restrict the number of travelers under the age of 18 on tours. If the adult accompanying the child is not the child’s parent, then a "Parental Consent Guardianship Form" must be signed by the parent or legal guardian and received by the Company prior to departure.
(e) Inca Trail Requirements: Client details including full name as it appears in the passport that the Client will be traveling with, passport number, passport expiry date, date of birth and nationality are required to confirm a booking. Any amendments to these details may result in failure to secure an Inca Trail permit. The Company will not be held responsible for any fees levied as a result.
(f) Credit Card Charges: The Company is not responsible for any charges applied to credit card transactions and will not refund or return any fees by third parties as incurred during the transaction of the tour cost.
Expedition Trips(g) Final Payment: Acceptance of the Client’s booking must be confirmed in writing by the Company. Please refer to the confirmation invoice for details regarding final payment. Payment of the balance of the tour price is due 90 days before the departure date of the first service booked. If a booking is made 90 days or less before the departure date of the first service booked then the full amount is payable at the time the booking is confirmed. If this balance is not paid at the time the booking is confirmed the Company reserves the right to treat the Client’s booking as cancelled.
(h) Local Payment: Most of the tours involve a local payment. This amount is the final payment for the tour. Local payment, in the specified currency in cash, is to be made to the leader upon arrival. Information on the local payment is outlined with the price in brochures, website, trip dossiers and on invoices. The local payment is non-refundable and is considered part of the total tour payment.
(i) Client Details: In order for the Company to confirm and guarantee the Client’s travel arrangements the Client must provide all client details with their final payment as per the dates specified in Section 7(f). If the Client does not provide all client details within 90 days before departure, a fee of GBP£25, EUR€50, USD$50, CAD$50, AUD$50, or NZD$50 will be charged to the file. In the event where client details have not been received by the Company 30 days prior to the Client’s trip departure, the Company reserves the right to treat the file as cancelled and full penalties will apply. Client details include passport number, passport expiry date, passport issue date and place of issuance, completed medical form, full name as it appears in the passport you are traveling with, date of birth, place of birth, nationality and arrival details.
(j)Traveling with Children G Adventures is unable to accommodate children under-12 years of age and reserves the right to restrict the number of those under 18 years of age aboard the vessel. An adult over the age of 21 must accompany every two children under the age of 18. The ratio of adults to children traveling together must be one adult per two children and two adults per four children (17 and under). If the adult accompanying this child is not the child’s parent, a "Parental Consent Guardianship Form" must be signed by the parent or legal guardian and received by the Company prior to sailing.
(k) Credit Card Charges: The Company is not responsible for any charges applied to credit card transactions and will not refund or return any fees by third parties as incurred during the transaction of the tour cost.
8. CANCELLATION BY THE CLIENT:Any cancellation by a Client must be made in writing and acknowledged by the Company. The date on which the request to cancel is received by the Company or its Agents will determine the cancellation charge applicable.
(a) Cancellation for G Adventure Trips and G Adventures Independent Trips: The cancellation charges are expressed hereafter as a percentage of the total tour price, excluding insurance.
A. Cancellation 60 days or more before departure: Loss of deposit.
B. Cancellation 59-30 days before departure: 50% of cost of services booked.
C. Cancellation less than 30 days before departure: 100% of cost of services booked.
G Adventures Tailor Made trips may vary in cancellation policy from that detailed in this clause, and will be detailed at time of booking.
(b) Cancellation for Expedition Trips: The cancellation charges are expressed hereafter as a percentage of the total tour price, excluding insurance.
A. Cancellation 90 days or more before departure: Loss of deposit.
B. Cancellation 89-60 days before departure: 50% of the cost of services booked.
C. Cancellation less than 60 days before departure: 100% of cost of services booked.
In addition to the cancellation fees detailed in Section 8(a) and (b), the full insurance premium for any insurance arranged through the Company is non-refundable. The Client is strongly advised to take out cancellation insurance at the time of making the booking.
9. CANCELLATION OF A TOUR BY THE COMPANY:The Company reserves the right to cancel any trip for any reason, but will not cancel a tour less than 60 days before departure except for force majeure, unusual or unforeseen circumstances outside the Company’s control (excluding Expedition Trips – refer to Expedition Ticket/Contract). When a tour is cancelled by the Company, the Client may choose between a full refund of all monies paid or at the Company’s option any alternative tour offered by the Company at no extra cost. The Company is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the booking such as visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. If the alternative trip chosen is of a lower value than that originally booked, then the Client is entitled to a refund of the price difference. If the Client is offered a refund but requests an alternative tour of a higher value than that originally booked, then the Client must pay the difference in price. Where a significant element of the trip cannot be provided, the Company will make suitable alternative arrangements for the continuation of the trip. If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, the Company will provide the Client a refund of unused tour portions. Where a significant alteration or cancellation occurs which is not due to force majeure or other circumstances beyond the Company’s control, the Company will in some circumstances offer compensation. Significant alterations do not include a change of airline carrier, flight time tables or itineraries provided the departure and arrival dates remain unchanged, the substitution of a vessel, modification of itineraries, change in cabin category or hotel accommodation provided it is of the same category.
10. UNUSED SERVICES:There will be no discounts or monies refunded for missed or unused services, this includes voluntary or involuntary termination/departure from tour, i.e. sickness, death of a family member etc, late arrival on the tour, or premature departure either voluntarily or involuntarily.
11. PRICES AND SURCHARGES:No price increases will be made to a booking 30 days or less before departure. The Company reserve the right to impose surcharges (price increases) up to 30 days before departure due to unfavorable changes in exchange rates, increases in air fares or other transportation/fuel costs, increases in local operator costs, taxes, or if government action should require us to do so. The Company will absorb 2% of any such surcharge. If the surcharge/price increase is for more than 2% then the whole increase will be charged. If any surcharge results in an increase of more than 10% of the tour cost, excluding insurance premiums, the Client may cancel the booking within 14 days of notification of the surcharge and obtain a full refund of all monies paid (excluding Trip Cancellation Insurance Premiums and/or flights). Cancellation requests must be received in writing.
12. BROCHURE AND WEBSITE VALIDITY:The G Adventures (in this particular instance does not include Discovery Adventures) trip prices in this brochure and on the website are based on rates and costs in effect at time of printing the brochure or posting on the website. The Company reserves the right to alter prices. For trips departing between January 1st, 2009 and December 31st, 2009 – the land price of the trip is guaranteed when paid in full, subject to any potential surcharges as stipulated in Section 11. Beyond December 31st, 2009 dates, itineraries and prices are indicative only. The Discovery Adventures trip prices in this brochure and on the website are based on rates and costs in effect at time of printing the brochure or posting on the website. The Company reserves the right to alter prices. For trips departing between January 1st, 2010 and December 31st, 2010 – the land price of the trip is guaranteed when paid in full, subject to any potential surcharges as stipulated in Section 11. Beyond December 31st, 2010 dates, itineraries and prices are indicative only.
13. FLEXIBILITY:The Client appreciates and acknowledges the nature of this type of travel requires considerable flexibility and should allow for reasonable alterations by the Company. The itinerary provided for each tour is merely representative of the types of activities contemplated, and the Company is under no contractual obligation to strictly follow it. It is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events, which may include sickness or mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances or any other reason whatsoever.
14. CHANGES:(a) Changes made by the Company: While the Company will endeavor to operate all tours as advertised, reasonable changes in the itinerary may be made where deemed necessary or advisable by the Company. If the Company makes a major change the Company will inform the Client as soon as reasonably possible if there is sufficient time before departure. When a major change is made the Client may choose between accepting the change, obtaining a full refund of all monies paid (excluding Trip Cancellation Insurance Premiums and/or flights) or accepting any alternative tour offered by the Company. The definition of a major change is deemed to be a change affecting at least one in three full tour days of the itinerary. If the major change is due to force majeure or unforeseen circumstances no compensation is payable. Some changes to the itinerary may happen on tour as a result of unforeseen circumstances or local situations. Any changes made to alter the itinerary as a result will be made with full authority of the Tour Leader and any direct or indirect cost incurred as a result will be the responsibility of the Client.
(b) Transfer to another departure (by Client): A transfer from one tour to another can only be made more than 60 days, (90 days for Expedition Trips) before departure date and if approved by the Company. If such a request is accepted by the Company, the Company reserves the right to charge up to the deposit amount of the first booked tour. Any request to transfer received less than 60 days, (120 days for Expedition Trips) before departure will not normally be accepted. In this case the Client must cancel the booking and then re-book on another tour. The Client may only transfer a booking to a departure date in the current season and may not transfer a booking to future seasons. Any such transfers will be regarded as cancellations and cancellation fees will apply.
(c) Transfer of name: If the Client is prevented from traveling on the tour booked by circumstances such as those which would permit a claim on a standard cancellation insurance policy, the booking may be transferred to another person, provided they meet all the requirements relating to that tour and have read, understood and agree to the terms and conditions of this contract and the Expedition Ticket/Contract (if applicable). More than 60 days, (90 days for Expedition Trips) before departure, up to the deposit amount of the tour will apply. Within 60 days, (90 days for Expedition Trips) name transfers are not permitted.
(d) Amendments: Within 60 days of departure (90 days for Expedition Trips) any amendments to a file will depend on availability and will be on a request basis. Any extra costs incurred for making the change will be charged along with an amendment fee of GBP£25, EUR€50, USD$50, CAD$50, AUD$50, or NZD$50. No amendments are permitted to your booking within 10 days of departure.
15. AIRFARE:Any tour does not include international air fare or any other flights unless mentioned in the inclusions. The Client may choose to use the services of the Company to purchase international airfares or other additional flights.
(a) Quotes: All quotes are in Canadian dollars, unless otherwise stated. The company will quote the best price available at the time of booking for the travel dates requested.
(b) Price changes: The company reserves the right to change prices in the event of any price increase beyond the control of the company including, but not limited to, airfares wrongfully quoted due to system error, the price of fuel and/or currency fluctuations or government taxes or levies, or any other reasonable cause. Fares are not guaranteed until the tickets are issued.
(c) Full payment: Full payment must be received by the company before the option period expires to guarantee the reservation at quoted price. A guarantee of payment by the Client is an acceptance of the travel arrangements as requested at the total price quoted. Cancellation charges will apply if the Client subsequently decides to cancel after ticket has been issued.
(d) Changes & cancellations: Unless otherwise stated airline tickets are 100% non-changeable & non-refundable once tickets have been issued.
(e) Flight reconfirmation: The company strongly recommends flight times and numbers be verified or reconfirmed at least 72 hours prior to departure. The company is not responsible for any change to airline schedules or flight numbers after tickets have been issued.
(f) Airline tickets: All airline tickets are non-transferable and valid only for the dates and routings shown. If an airline ticket is lost, the client is responsible for the full cost of a new ticket and any changes that may occur in replacement.
(g) Airline, airport or weather delays: The company will not be held responsible for any additional expenses or loss that may arise from airline, airport or weather delays. The company will not reimburse for any additional expenses incurred by the Client as a result. The company will not refund any unused portion of air tickets purchased in the event of such delays due to conditions beyond reasonable control.
16. ACCEPTANCE OF RISK:The Client acknowledges that the nature of the tour is adventurous and may involve a significant amount of personal risk. The Client hereby assumes all such risk and does hereby release the Company from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks. Prior to tour commencement, the Client may be asked to sign a participation form, with the following wording:
“I understand traveling with G Adventures may involve risks (and rewards) above and beyond those encountered on a more conventional holiday, and that I am undertaking an adventure trip with inherent dangers. I understand I am traveling to geographical areas where, amongst other things, the standard of accommodation, transport, safety, hygiene, cleanliness, medical facilities, telecommunications and infrastructure development may not be of the standard I am used to at home or would find on conventional holiday. I have read and understood the G Adventures dossier for this trip I am undertaking and have provided details of any pre-existing medical conditions I may have to G Adventures representatives. I accept these risks and obligations and I fully assume the risks of travel. I fully and forever release and discharge G Adventures Inc. and all other related, affiliated, associated or otherwise connected corporations, partnerships, individuals and other entities and all of their respective officers, directors, employees, contractors, agents, successors and assigns (collectively, the “Releasees”) from any and all costs (including, without limitation, actual legal costs), claims, demands, actions, causes of action and liabilities whatsoever for any and all losses, damages, death or injuries to persons or loss of property, which may be sustained by me in connection with or in any way relating to this trip, due to any cause or reason whatsoever including, without limitation, the reckless, willful or negligent actions or omissions of the Releasees or any other person or persons.
I understand during my trip there may be opportunities to undertake activities, which do not form part of the itinerary. I understand G Adventures makes no representations about the safety or quality of the activity, or the standard of the independent operator running it. I also understand G Adventures is in no way responsible for my safety should I elect to enter into such optional activities. With full knowledge of the above, I may still elect to partake in the activity, and if I do so, I assume full responsibility for any risks involved, and the waiver and release of the Releasees set out in the foregoing paragraph shall apply to such optional activities.”
17. AUTHORITY ON TOUR:At all times the decision of the Company’s tour leader or representative will be final on all matters likely to endanger the safety and well being of the tour. By booking with the Company, the Client agrees to abide by the authority of the tour leader or Company representative. The Client must at all times strictly comply with the laws, customs, foreign exchange and drug regulations of all countries visited. If the Client is affected by any condition, medical or otherwise, that might affect other people’s enjoyment of the tour, the Client must advise G Adventures at the time of booking. 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 tour leader, the Client’s behavior is causing or is likely to cause danger, distress or annoyance to others the Company may terminate that Client’s travel arrangements without any liability on the Company’s 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.
18. GUARANTEED DEPARTURES:The Company guarantee selected departures at their discretion. The departure shall become guaranteed once there is one Client confirmed upon it. This guarantee of departure is still subject to force majeure situations, and the Company reserves the right to remove the guaranteed designation at anytime due to circumstances beyond reasonable control. The Company will not be held accountable for any indirect cost resulting to the client for this action.
19. TRAVEL DOCUMENTS:(a) The Client must be in possession of a valid passport required for entry, departure and travel through each destination point along the itinerary of the tour, (passport must be valid 6 months past the return date), all visas, permits and certificates including vaccination certificates, insurance policies, required for the whole of the journey. 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. Any information or advice given by the Company regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the Client, and the Company is not responsible for any errors or omissions as to the information provided.
(b) To expedite the issuing of G Adventures travel documents please note that all tour related travel documents such as vouchers, itineraries and invoices will be sent via email or will be available on the website www.gadventures.com (or www.discoveryadventures.com if booking a Discovery Adventures trip) once full payment has been received by the Company. The Company reserves the right to impose a fee for those Clients who wish to receive paper documents.
(c) It is the Client’s responsibility to visit the website at least 72 hours prior to departure to ensure the most current Tour Itinerary and Dossier is in their possession as minor changes may have been made since the tour documents were originally provided by the Company.
20. FACTORS OUTSIDE THE COMPANY’S CONTROL (FORCE MAJEURE):The Company 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 financial costs both direct and indirect incurred, or for the Company's 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, terrorist activities or threat thereof, civil commotions, labor difficulties, whether or not Company is a party thereto, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of Company.
21. INSURANCE:It is mandatory that all Clients obtain travel insurance with a minimum medical coverage of US$200,000 while travelling with the Company and this insurance must cover personal injury, medical expenses, repatriation expenses, and evacuation expenses. Clients must be able to provide proof of Insurance purchase and adequate coverage as per the required amounts above if requested by the group Leader or Company Representative. It is strongly recommended the coverage be extended to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client. The Company shall have no liability for loss, theft of or damage to baggage or personal effects. Personal belongings lost or stolen while unattended by the client in public lounges or other public areas, whether on board a vessel, train, bus, or other mode of transportation, publicly owned or operated by the Company or elsewhere, are not reimbursable. Losses due to ordinary wear and tear, and other acts of God are not reimbursable. The Company 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 the Company such as hotels, homestays, vessels, expedition vehicles, or any other mode of transportation. When the Client has obtained travel insurance through the Company, the Client acknowledges that he or she is satisfied with the levels of insurance arranged by the Company. Where the Client has declined to purchase insurance through the Company, the Client acknowledges that the cost of the tour does not include insurance, and that the Client is required to obtain separate coverage at an additional cost. When obtaining travel insurance from a source other than the Company the Client must ensure the insurer is aware of the type of travel to be undertaken.
22. STANDARDS ON TOUR:The Client acknowledges the quality of the products and services, including accommodations, transport and all other services related to the tour that are organized by the Company or its representatives are likely to be different in standard to what the Client may reasonably expect at home. Further, the Client understands, appreciates and accepts any variance in quality or level of service as a part of the adventure travel experience. All arrangements made by the Company are done so with best of intentions to match any description provided, however, the Client reasonably allows for local conditions to influence products and services.
23. RESPONSIBILITY FOR YOUR TOUR:All services herein are organized by G Adventures. Notice is hereby given that all arrangements made on behalf of the Client are made by organizers on the sole condition that the organizers shall not be held responsible for any injury, death, accident, delay, loss, damage or irregularity which may be occasioned through acts of any company and/or persons engaged in carrying out the arrangements. G Adventures acts as an agent for transport companies, hotels and other contractors and shall not be held liable for any injury, damage, loss, delay or irregularity that may occur, including, but not limited to, any defect in a vehicle or any other form of conveying a traveller, acts of God, detention, delays or expenses arising from quarantine, strike, riots, theft, force majeure, civil disturbance, government restriction or regulation, accident by aircraft, boat, bicycle, motor vehicle or any other form of transport or in any hotel or guest house, pension, or other form of accommodation. The Client acknowledges that the quality of the products organized by the Company, including accommodations and all other services related to the tour which are organized by the Company, are not within the control of the Company and that in any event the quality of such products may be compromised by local conditions. Accordingly, the Client hereby releases the Company from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to the quality of such products. The information contained in this brochure is correct to the best of the Company’s knowledge and the Company accepts no liability for any innocent inaccuracies contained herein. The Company reserves the right to alter any itinerary in progress or service at any time without penalty to the Company. Any additional expense or cancellation shall be borne by the customer. The organizer reserves the right to withdraw or refuse any service to any customer at the discretion of the organizer. Payment of deposit is taken as acknowledgement and agreement to these terms and conditions.
24. DISCOUNTS:All discounts and reduced pricing are applied at the Company’s discretion. From time-to-time the Company may offer reduced pricing on selected tours. The reduced pricing applies strictly to new bookings, and bookings that have already provided deposit are locked into their original price and are not entitled to the reduced pricing. The 5% discount for completing post trip evaluations cannot be applied to independent style travel tours.
25. CLAIMS AND COMPLAINTS:If a Client has a complaint against the Company, the Client must first inform the tour leader at the earliest opportunity to allow the grievance to be rectified. If satisfaction is not reached, contact the Company representative or local Office Manager whilst on tour in order that the Company is provided the opportunity to rectify the matter. Failure to indicate dissatisfaction whilst on tour will result in the Client’s ability to claim compensation from the Company being extinguished or at least reduced. If satisfaction is still not reached through these means on tour then any further complaint must be put in writing to the Company via it’s Agents or directly to head office at email@example.com or G Adventures Inc., Customer Service Department, 19 Charlotte St., Toronto, Ontario, Canada, M5V 2H5 within 30 days of the end of the tour. The Company will not accept any liability for claims received after this period.
26. SUPPLIERS CONDITIONS:Airlines, railways, coach and shipping companies and other suppliers have their own booking conditions or conditions of carriage, and the Client will be bound by these as far as the relevant transport provider or supplier is concerned. Some of these conditions may limit or exclude liability on the part of the relevant transport provider or other supplier, and they are often also subject to various international conventions. Where relevant, copies of such conditions may be available for inspection at the Company’s offices, or at the offices of the relevant supplier. The Company’s liability will be limited to and shall not exceed that of its suppliers. The Client is precluded from making a double recovery by making the same claims and seeking the same recovery against the Company and its suppliers.
27. LOCAL CONDITIONS:The Client acknowledges he or she will be visiting places where the political, cultural and geographical attributes present certain risks, dangers and physical challenges greater than those present in his or her daily lives. By booking travel with the Company, the Client acknowledges she or he has considered the potential risks, dangers and challenges, and expressly assumes the risks attendant to such travel conditions. The Client is solely responsible for acquainting themselves with customs, weather conditions, physical challenges and laws in effect at each stop along the itinerary, and are encouraged to locate or make contact prior to embarkation with his/her local embassy or consulate in each destination.
28. OPTIONAL EXTRAS:Optional extras do not form part of the tour or contract. It is understood and accepted by the Client that any assistance given by the tour leader or representative in arranging optional extras does not render the Company liable for optional extras. Accordingly, the Client hereby releases the Company from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to the quality of such products. Amongst others, optional extras include rafting, horseback riding, sightseeing flights and other extras that are not included in the tour price.
29. SEVERABILITY:In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this Agreement or amended accordingly only to such extent necessary to allow all remaining Terms and Conditions to survive and continue as binding.
30. SUCCESSORS AND ASSIGNS:These Terms and Conditions shall inure to the benefit of and be binding upon the Company and the Client and their respective heirs, legal personal representatives, successors and assigns.
31. ERRORS AND OMISSIONS:Although the Company has made a concerted attempt to verify the accuracy of statements made herein and the
Company cannot be held responsible for any error, omission or unintentional misrepresentation that may appear in this brochure or on the website.
33. FINANCIAL SECURITY:To ensure tour arrangements are fully protected, all money received as payment for tours booked with G Adventures.
Adventures Inc. is deposited in a Trust Account with HSBC. The G Adventures Client Trust Account is bound by regulations and independently audited. Money is held in Trust until the tour is completed or the services comprising the tour have been paid for by the Company.
34. APPLICABLE LAW AND CHOICE OF FORUM:The contract including all matters arising from it is subject to the location the booking was made. Bookings made in the United Kingdom and European countries shall be governed by English Law and the exclusive jurisdiction of the English Courts. Bookings made elsewhere shall be governed by Canadian Law and the exclusive jurisdiction of the Canadian Courts.
35. UPDATING OF TERMS AND CONDITIONS:The Company reserves the right to update and amend these terms and conditions at anytime. It is the responsibility of the Client to keep updated with any changes. The current version of terms and conditions will always be found on the website www.gadventures.com and will be the terms referred to in any dispute.
In addition to the above Booking Conditions, the following Conditions of Carriage shall apply:
G Adventures INC. CONDITIONS OF CARRIAGE
THESE CONDITIONS OF CARRIAGE GOVERN THE RELATIONSHIP, RESPONSIBILITIES AND LIABILITIES AS BETWEEN THE PASSENGER AND THE CARRIER AND ARE BINDING. THEY AFFECT YOUR LEGAL RIGHTS TO SUE, GOVERNING LAW, FORUM AND JURISDICTION AND CONTAIN CERTAIN LIMITATIONS OF LIABILITY, INCLUDING LIMITATIONS RESPECTING INJURY TO OR DEATH OF PASSENGERS AND LOSS OF OR DAMAGE TO LUGGAGE. PLEASE READ ALL OF THESE TERMS AND CONDITIONS CAREFULLY. BY ACCEPTING AND USING THIS TICKET, ALL PASSENGERS AGREE TO ACCEPT AND TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.
1. DEFINITIONS:"Ticket” means this entire document including all its terms and conditions of carriage.
“Carrier" means the owner and/or any charterer and/or operator and/or manager of the Vessel or any other person, to the extent that it acts as carrier or performing carrier (in accordance with the definition provided in the Athens Convention).
"Luggage" means any property belonging to or carried by any Passenger brought on board the Vessel, including baggage, packages, suitcases, trunks, effects, articles, cabin luggage, hand luggage, articles worn by or carried by the Passenger, or deposited with the purser for safe custody, vehicles and any other property whatsoever.
"Vessel" means the vessel named in the ticket, invoice, or other similar document issued by the Organizer or any substituted vessel owned and or chartered and or operated and or managed and or controlled by the Carrier.
“Organizer” means the party with which the Passenger has entered into a contract for the cruise and/or a Package as defined under the Council Directive 90/314/EEC of 13 June 1990 on Package Travel, Package Holidays and Package Tours or other relevant legislation or regulations.
"Passenger" includes every person purchasing, accepting or using the ticket on their own behalf or on behalf of others in their care including minors and persons with a disability for whom a Passenger is responsible.
2. CRUISE TICKET:The cruise ticket includes the following services: all water transportation aboard the Vessel and the Vessel's tenders, ship accommodation, expedition leader and lecturers or local guides, lectures, videos, slide and film shows or other educational means, all meals, access to public viewing areas, and all shore excursions. The following items are not included in the cruise ticket: airfare and air taxes, passport, visa and custom fees, ground handling fees, ground transfer costs, additional hotel accommodation, laundry, postage, drinks, medical expenses, travel insurance, communication cost, and gratuities to staff and crew.
3. NON-TRANSFERABILITY:The Carrier agrees to carry the person(s) named on the ticket on the date and vessel for the specific voyage and cabin type indicated, or any substitute vessel, and is NOT TRANSFERABLE.
4. EMBARKATION:(a) The Passenger is required to be on board the Vessel at least one hour before departure or earlier if advised by Carrier. Enhanced security procedures may require additional time. At the time of embarkation the Passenger is responsible for having received all medical inoculations necessary for the voyage and having in his/her possession this Ticket, valid passport, visas, proof of insurance purchase and including adequate coverage (as per section 5), medical card and other documents necessary for scheduled ports of call and disembarkations. If Passenger fails to do so, then the Carrier shall have no further obligation to transport or to furnish transportation to Passenger.
(b) The Carrier shall not be liable to refund Passenger’s fare or for any other damages or expenses or consequential losses if the Passenger is prohibited from boarding due to lack of proper documents. The Carrier reserves the right to check and record details of such documentation. The Carrier makes no representation and gives no warranties as to the correctness as to any documentation, which is checked. Passengers are advised to consult their travel agent or the appropriate governmental authority concerning required documentation for travel. The Passenger shall indemnify the Carrier for all penalties, fines, charges, losses and expenses imposed upon or incurred by Carrier due to the Passenger’s failure to have proper documentation or otherwise comply with applicable laws or regulations of any kind, or imposed by governmental authorities including requirements relating to immigration, customs and excise.
(c) Any stamps on tickets, customs, excise or other taxes or fines on Passenger or Carrier resulting from the Passenger’s conduct, embarkation expenses, and all expenses of such a nature are to be paid by Passenger.
(d) Passengers will be required to register a valid credit card or payment method at the Purser’s desk upon embarkation for charges incurred during the voyage.
(e) ISPS Regulations may require all passengers boarding the ship to be issued a picture ID. Your digital picture may be taken and your ID issued during the embarkation process.
(f) A passenger shall not have the right to exclusive occupancy of a cabin with two (2) or more berths unless he has paid supplement for exclusive occupation. The Carrier reserves the right to transfer the Passenger from one cabin to another.
(g) If the Vessel is delayed by any cause whatsoever beyond the Carrier’s control, the Carrier shall be entitled to charge Passengers for their maintenance at current rates for every day of the delay.
(h) If for any reason whatsoever Passengers remain onboard after the arrival of the Vessel at their port of destination, the Carrier will require Passengers to pay for their maintenance at current rates for every night they remain onboard.
5. INSURANCE:It is mandatory that all Passengers obtain and have travel insurance with a minimum coverage of US$200,000 while traveling with the Carrier. Such insurance must cover personal injury, medical expenses, loss of or damage to luggage, repatriation expenses, and evacuation expenses. Passengers must be able to provide proof of Insurance purchase and adequate coverage as per the required amounts above if requested by the Vessel’s officers, personnel or Carrier’s representative. It is strongly recommended the coverage be extended to include cancellation, curtailment, all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Passenger.
6. BAGGAGE, VALUABLES AND OTHER POSSESSIONS:(a) Each Passenger may bring aboard the Vessel a reasonable amount of clothing and personal effects without charge. Each passenger is allowed the equivalent of two suitcases, (we strongly suggest the use of a backpack or a soft duffel bag), and two items of hand luggage. The passenger shall be charged for baggage in excess at the carrier’s current rate. The carrier reserves the right to refuse carriage of excess baggage.
(b) All baggage must be securely packed and distinctly labeled with the Passenger's full name, the name of the Vessel, the cabin number of the Passenger and the sailing date of the Vessel. Under no circumstances may dangerous articles such as firearms, explosives, oxygen or combustible or illegal substances be taken aboard the Vessel.
(c) Pets and other animals are not allowed on board the Vessel.
(d) Hand or unlocked baggage, breakables and valuables, including but not limited to jewelry, money, precious stones, trade equipment, computers, photographic equipment or other electronics, securities, financial instruments and/ or tickets, must be hand-carried by Passengers on and off the Vessel, and may not be included with check- in baggage. The Carrier shall not be responsible for loss of or damage to such items.
7. LIABILITY FOR DEATH, INJURY AND/OR LOSS OF, OR DAMAGE TO LUGGAGE:(a) The liability (if any) of the Carrier for death and/or personal injury to Passengers and/or the loss of or damage to Luggage during the passage shall be determined in accordance with The Convention relating to the Carriage of Passengers and their Luggage by Sea adopted at Athens on the 13 day of December 1974 and Amended on the 19 December 1976 (hereinafter ”The Athens Convention”).
(b) The provisions of The Athens Convention are hereby expressly incorporated into the Conditions of Carriage. A copy of the Athens Convention is available on request and may be downloaded from the Internet at
(c) It is presumed under the Athens Convention that the Carrier has delivered Luggage undamaged to a Passenger unless written notice is given by the Passenger within the following periods:
i) In the case of apparent damage before or at the time of disembarkation or redelivery.
ii) In the case of damage which is not apparent or loss of luggage within 15 days from the disembarkation or delivery of from the date and such redelivery should have taken place.
(d) The Carrier is not liable for loss of or damage to cash, negotiable security, jewelry, ornaments, works of art or any other valuables unless deposited with the Carrier specifically for the purposes of safekeeping. In those circumstances the Carrier’s liability will still be limited to the amounts payable under The Athens Convention to 1200 SDR’s. Safe deposits in cabins are not deposits with the Carrier pursuant to the Convention.
(e) The liability of the Carrier, his servants and or agents shall, subject to any deductibles, be limited by virtue of the Athens Convention in respect of death and/or personal injury to 46,666 SDRs (approximately €57,000) per passenger per carriage). Loss of or damage to cabin luggage to 833 SDRs; luggage other than cabin luggage 1200 SDRs; valuables deposited with the Carrier 1,200 SDRs. per Passenger per Carriage.
(f) The Carrier will only be liable in relation to death or personal injury and/or loss or damage to luggage in the event that the Carrier and/or its servants or agents are guilty of “fault or neglect” as required by Article 3 of The Athens Convention.
(g) Any damages payable by the Carrier shall be reduced in proportion to any contributory negligence by the Passenger as provided in Article 6 of the Athens Convention.
(h) In addition, the Carrier shall have the full benefit of any applicable laws providing for limitation and/or exoneration of liability (including without limitation, Law and/or the laws of the Vessel’s flag in respect of liability of/or the global limitation on damages recoverable from the Carrier and nothing in these Conditions of Carriage is intended to operate to limit or deprive the Carrier of any such statutory or otherwise limitation or exoneration of liability. The servants and/or agents of the Carrier shall have the full benefit of all such provisions relating to the limitation of liability.
(i) The responsibility of the Carrier is limited to the period(s) while the Passenger and/or his or her Luggage are on board the Vessel and/or any tenders and/or property owned or being operated by the Carrier.
(j) The time in which a claim may be brought under the Convention is limited to a period of 2 years from the date of disembarkation and or as set out in Article 16 of the Athens Convention.
(k) Without prejudice to the provisions of clauses a to j hereof, if any claim is brought against the Carrier in any jurisdiction where the applicable exemptions and limitations incorporated in these Conditions of Carriage are held to be legally unenforceable, then the Carrier shall not be liable for death, injury, illness, damage, delay or other loss or detriment to person or property arising out of any cause of whatsoever nature not shown to have been caused by the Carrier's own negligence and or fault and neglect.
(l) The Carrier is not liable for or in connection with or arising out of any acts or omissions of any kind of any independent sub-contractors on board the Vessel and/or ashore.
(m) The Carrier shall not be under any liability in respect of any claim whatsoever unless written notice of the claim is presented to the Carrier within six months from the date on which the claim arose and unless a suit or action is brought within one year from that date (with the exception of claims brought under the Athens Convention which shall be brought within a two-year period specified in Article 16 of the Athens Convention). After the expiry of the said period any suit or action shall be time-barred.
(n) The Conditions of Carriage including limitation of liability are applicable to any shore excursions purchased from and or provided by the Carrier.
(o) Settlements of reimbursable claims for lost luggage will be made on the basis of actual cash value (replacement cost, less depreciation). Settlements of reimbursable claims for damaged items will be on the basis of cost of repair or replacement, whichever is less. No amount shall be paid in settlement of any claim without proof of the actual cash value or repair cost as appropriate arising from the loss or damage. A written claim for loss of or damage to luggage must be made to Carrier before the Passenger leaves the debarkation area to enable the Carrier to investigate any damage and to conduct a search for claimed lost luggage. The Carrier shall not be responsible for any such loss or damage which is not so reported. Liability, if any, for loss or damage to luggage occurring elsewhere than on board the vessel in connection with air, car, motor coach, ground transfers, porters, stevedores and/or hotels shall rest solely with the person or entity providing such services and the Passenger agrees that the Carrier does not guarantee the performance of such services and shall not be liable in any respect or capacity for any such loss or damage.
8. ITINERARY / RIGHT TO CHANGE / DETENTION:(a) At any time before or after commencement of the voyage and whether or not the Vessel may have deviated or have proceeded beyond the port of destination, the Carrier may by notice in writing to the Passenger or by advertising in the press or by any other suitable means terminate the cruise if the performance or further performance is hindered or prevented by causes beyond the control of the Carrier or if the Master or the Carrier consider that such termination is necessary for the management and/or safety of the Vessel.
(b) The Carrier visits a large number of ports in numerous countries around the world. The Carrier reserves the right at its sole option and discretion, without any liability for damages or refund of any kind, to deviate from the Vessel's advertised or ordinary itinerary or route, to delay, advance or lengthen any sailing, to omit or change ports of call, to arrange for substantially equivalent transportation by another vessel and/ or by other means of transportation, whether belonging to Carrier or not, and to cause the Passenger to disembark from the Vessel temporarily or permanently.
(c) The Cruise Ship’s operation is subject to weather conditions, mechanical problems, vessel traffic, government intervention, duty to assist other vessels in distress, assistance of other vessels in distress, availability of berth facilities, and other factors which may be beyond the Carrier’s control.
(d) The Carrier or the Master shall have the liberty to comply with any Order or Directions as to departure/arrival routes, ports of call, stoppages, trans-shipment, discharge or destination or otherwise given by any government or any department or by any person acting or purporting to act with the authority of any government or any department thereof or by any war risks insurance association working under any government scheme in which the Vessel may be entered. Nothing done or not done under such orders or directions shall be deemed a deviation in law.
(e) Any dates and/or times specified in any timetables or otherwise which may be issued by the Organizer and/or the Carrier are only approximate and may be altered by the Carrier at any time and to such extent as is considered necessary in the interest of the voyage as a whole.
(f) While the Carrier endeavors to provide reasonable protection for the Passengers’ comfort and safety onboard its ships, the Carrier cannot guarantee freedom from all risks associated with war, terrorism, crime or other potential sources or harm. The Carrier reminds all passengers that they must ultimately assume responsibility for their actions while ashore. All shore excursions or other excursions undertaken as part of the cruise (including transfers and all other matters incidental to such excursions) will be undertaken at the passenger’s sole risk and the Carrier will have limited liability to the passenger for any loss or damage in respect to such excursions.
(g) For purposes of assisting other vessels or protecting life or property, the Master of the Vessel has the right, at his sole discretion, to deviate from the Vessel's advertised or ordinary itinerary or route, to delay, advance or cancel any sailing, to omit or change any ports of call, to tow or to be towed, to transfer the Passenger and the Passenger's luggage to any other vessel and or other means of transportation whether belonging to Carrier or not, to cause the Passenger to disembark the Vessel temporarily or permanently, and the Passenger shall have no claim against the Carrier in such circumstances.
(h) The Carrier reserves the right, without incurring liability of any kind, to refuse or revoke passage to, or confine to a stateroom, any Passenger who in Carrier's sole judgment may be refused admission into a port of landing or into the country of destination, or for any other cause may endanger themselves or others, or is causing or is likely to cause distress or annoyance to others. Any Passenger who is refused passage or otherwise denied any advertised benefit or service under this paragraph shall not be entitled to receive any compensation whatsoever and shall become liable for any resulting expenses incurred by the Carrier.
9. FORCE MAJEURE:The Carrier shall not be liable in any way to the Passenger for death, bodily injury, illness, damage, delay or other loss or detriment to person or property or for the Carrier's failure to commence, perform and/ or complete any duty owed to the Passenger 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, terrorist activities or threat thereof, civil commotions, labor difficulties, whether or not the Carrier is a party thereto, interference by authorities, requisitioning of the Vessel, political disturbance, inability to secure or failure of supplies, perils of the sea, collision, foundering of the Vessel, explosion, breakdown or failure of or damage to the Vessel or its hull, machineries or fittings, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, or any other cause whatsoever beyond the reasonable control of the Carrier.
10. HEALTH AND SECURITY / INDEMNIFICATION BY PASSENGER:(a) The Passenger represents and warrants that the Passenger is physically and otherwise fit to travel; that he will at all times comply with Vessel's rules and regulations and orders and directions of the Vessel's officers, Expedition Leaders and medical staff, that his conduct will not impair the safety of the Vessel or inconvenience other passengers.
(b) Any passenger with a condition that may affect his fitness to travel must submit a physician's certificate prior to departure.
(c) If it appears to the Carrier, the Master or the Cruise Ship's Doctor that a Passenger is for any reason unfit to travel, likely to endanger health or safety, or likely to be refused permission to land at any port, or likely to render the Carrier liable for Passenger maintenance, support or repatriation, then The Carrier or the Master shall have the right to take any of the following courses: (i) Refuse to embark the Passenger at any port; (ii) Disembark the Passenger at any port; (iii) Transfer the Passenger to another berth or cabin; (iv) If the Cruise Ship doctor considers it advisable, to place him/or confine him in the Cruise Ship's Hospital or to transfer the Passenger to a health facility at any port, at the Passenger's expense (v) to administer first aid and administer any drug, medicine or other substance or to admit and/or confine the Passenger to a hospital or other similar institution at any port provided that the ship’s doctor and/or Master considers that any such steps are necessary.
(d) Where a Passenger is refused embarkation as a result of health and or fitness to travel, the Carrier shall not be liable for any loss or expense occasioned to the Passenger thereby, nor shall the Passenger be entitled to any compensation from the Carrier.
(e) Not all areas or equipment on the Vessel are accessible or suitable for access to physically challenged persons.
(f) The Carrier reserves the right to refuse passage to anyone who has failed to notify it of such disabilities or who in the Carrier’s and or Master’s and or Cruise Doctor’s opinion is unfit or unable to travel or anyone whose condition may constitute a danger to themselves or others onboard.
(g) Passengers who need assistance and/or have special requests or need special facilities or equipment must notify the Organizer at the time of booking. The Carrier is not obliged to provide any assistance or meet special requests unless the Carrier has agreed to do so in writing.
(h) Those Passengers physically challenged must be accompanied by a travelling companion fit and able to assist them. The ship’s wheelchairs are available for emergency use only.
(i) Any Passenger who embarks, or allows any other Passenger for whom he or she is responsible to embark, when he or she or such other Passenger is suffering from any sickness, disease, injury or infirmity bodily or mental or to his or her knowledge has been exposed to any infection or contagious disease, or for any other reason is likely to impair the health, safety or reasonable comfort of other persons onboard or for any reason is refused permission to land at his or her port of destination shall be responsible for any loss or expense incurred by the Carrier or the Master directly or indirectly in consequence of such sickness, disease, injury, infirmity, exposure or refusal or permission to land unless in the case of sickness, disease, injury, infirmity or exposure the same has been declared in writing to the Carrier or the Master before embarkation and consent in writing of the Carrier or the Master to such embarkation has been obtained.
(j) Pregnant women are highly recommended to seek medical advice prior to travel at any stage of their pregnancy. Women who are up to 24 weeks pregnant at the end of the cruise are required to produce a medical certificate of fitness to travel. The Carrier cannot for health and safety reasons carry pregnant Passengers of 24 weeks or more at the time of embarkation. The Carrier reserves the right to request a medical certificate at any stage of pregnancy and to refuse passage if the Carrier and/or the Master and or the Cruise Doctor are not satisfied that the Passenger will be safe during the passage. (k) Failure to inform the Carrier and the Vessel’s doctor of pregnancy will release the Carrier from any liability to the pregnant Passenger.
(l) The ship’s doctor is not qualified to deliver babies onboard or to offer pre or post natal treatment and no responsibility is accepted by the Carrier in respect of the ability to provide such services or equipment.
(m) If any condition affecting fitness to travel and or requiring medical attention arises after the cruise is booked, the Passenger is required to advise the Carrier in writing immediately. Failure to advise the Carrier as required hereunder shall release the Carrier and all personnel aboard the Vessel from any liability related to such condition or its treatment.
(n) The Passenger hereby consents to a reasonable search being made of the Passenger's person, luggage or other property and to the removal and confiscation or destruction of any object which may, in the opinion of the Carrier, be illegal, impair the safety of the Vessel, or inconvenience other Passengers.
(o) The Passenger shall indemnify the Carrier for all penalties, fines, charges, losses or expenses incurred or imposed upon the Carrier or the Vessel by virtue of any act or violation of law of the Passenger.
11. MINORS:(a) The Carrier is unable to accommodate children under 12 years of age at the date of travel and reserves the right to restrict the number of those under eighteen years of age aboard the Expedition Vessel.
(b) Each child under the age of eighteen must be accompanied by an adult over the age of twenty-one. The ratio of adults to children traveling together must be one adult per two children and two adults per four children (seventeen and under). If the adult accompanying this child is not a parent, a "Parental Consent Guardianship Form" must be signed by a parent or legal guardian and received by Carrier prior to sailing.
12. INDEPENDENT CONTRACTOR / SHORE TOURS / LIMIT OF LIABILITY:(a) Tours, including pre- cruise, post- cruise and other shore excursions including hotels, restaurants and transportation, whether by vessel, air, rail, land or other means, not owned or operated by Carrier are not under the operation or control of Carrier, and the Carrier makes no representation of any kind as to them, and takes no responsibility for them.
(b) The Passenger shall have no right to any refund and Carrier shall have no obligation or liability of any kind to the Passenger for acts or omissions in connection with or arising out of arrangements with independent contractors since they are not agents or employees of Carrier. Arrangements with independent contractors include, but are not limited to the following:
(b-1) services or products available for the Passenger's convenience on board the Vessel and furnished by doctor(s), photographer(s), entertainer(s), instructor(s), shopkeeper(s), lecturer(s) and others;
(b-2) services, products or transportation provided elsewhere than aboard the Vessel which are furnished by others in connection with sight- seeing tours, pre- cruise and post- cruise tours, excursions and shore trips, including, but not limited to tender service, whether arranged or organized by tour operators, travel agents or Carrier.
(c) The independent contractors shall be entitled to charge for any products sold, services rendered or transportation provided to the Passenger either directly or through Carrier.
(d) Each Passenger agrees that all rights, exemptions from liability, defenses and immunities of whatsoever nature referred to in these Conditions of Carriage which are applicable to Carrier and the Vessel, shall in all respects inure also for the benefit of any servant, agent or independent contractor of the Carrier acting in the course of or in connection with their employment so that in no circumstances shall any such servant, agent or independent contractor as the result of so acting be under any liability to any such Passenger different from or higher than that of the Carrier. Any acceptance by the Carrier of payment for any such services is done only as a convenience to the Passenger and shall not modify the limitations or disclaimer of agency stated herein.
13. NON-LIABILITY FOR MEDICAL TREATMENT:(a) The Carrier does not undertake that a physician or medical personnel will be aboard the Vessel. If the Vessel does carry a physician or medical personnel, then they are independent contractors and work directly for the Passengers. Any physician or other medical personnel that renders emergency treatment and/or performs medical or surgical services, does so at the rates fixed in the “Schedule of Physician’s Charges” posted aboard the Vessel or as otherwise agreed to, or in the absence thereof, then at customary rates.
(b) All Passengers are required to complete and submit a medical form 90 days prior to departure for Expedition Travel to Antarctica. Passengers to non-Antarctic destinations with pre-existing medical conditions are required to have the medical form signed and dated by a physician and submitted 90 days prior to departure. Failure to submit such a form may result in the Passenger being denied boarding.
(c) If, in the opinion of the Carrier, a Passenger in need of medical or surgical services is unable to request it, the Passenger hereby expressly consents to such treatment, if any, and to pay the cost thereof charged by the Vessel’s physician or other physician or medical personnel designated by the Carrier who in doing so is acting on behalf of the Passenger.
(d) All medicines and all medical or surgical services furnished by the Vessel’s physician, if any, or any other physician or medical personnel (all of whom are engaged by the Passenger as independent contractors) or ship’s officers, employees or agents of the Carrier, shall be and are accepted by and at the Passenger’s sole risk and expense, and the Carrier shall not be responsible for the quality, nature or consequence thereof. (e) Neither the carrier, nor the Vessel’s physician, if any, has any obligation to examine any Passenger for any purpose prior to boarding or sailing.
(f) It is the Passenger’s obligation and responsibility to seek medical assistance from the qualified doctor onboard the Vessel as and when necessary during the cruise.
(g) The cruise ship’s doctor is not a specialist and the ship’s medical centre is not required to be and is not equipped to the same standards as a land-based hospital. The Vessel carries medical supplies and equipment as required by its flag state. Neither the Carrier nor the doctor shall be liable to the Passenger as a result of any inability to treat any medical condition as a result.
(h) In the event of illness or accident, Passengers may have to be landed ashore by the Carrier and/or Master for medical treatment. The Carrier makes no representations regarding the quality of medical treatment at any port of call or at the place at which the Passenger is landed.
(i) Passengers are advised to ensure that their insurance covers medical treatment.
(j) The Carrier accepts no responsibility whatsoever in relation to medical facilities provided ashore.
(k) Medical facilities and standards vary from port to port and the Carrier makes no representations or warranties in relation to such standards ashore.
14. PAYMENTS BY THE PASSENGER AND EXTRA EXPENSES:Any and all payments for on board goods and or services shall be paid by the Passenger to Carrier in the currency of the United States of America or such other currency acceptable to Carrier. All charges for services and products provided on board the Vessel must be settled in cash or charged (via credit card acceptable to the Carrier) before the Passenger's final disembarkation from the Vessel. Any other expenses incurred by the Passenger or by Carrier on behalf of the Passenger shall be payable by the Passenger on demand. The Passenger shall be liable to and shall reimburse the Carrier for all damages to the vessel and its furnishings and any equipment or property of the Carrier caused directly or indirectly, in whole or in part, by any act or omission of the Passenger, whether accidental, willful or negligent. The Passenger shall further indemnify the Carrier and each and all of their agents or servants against all liability whatsoever arising from any personal injury, death or damage or loss whatsoever caused, directly or indirectly, in whole or in part, by any willful or negligent act or omission on the part of the Passenger.
15. NO GENERAL AVERAGE:Passenger shall neither pay nor receive any general average contribution with respect to any property.
16. NO EMOTIONAL DAMAGES:The Carrier shall not be liable to the passenger for damages for emotional distress, mental suffering/anguish or psychological injury of any kind under any circumstances, except when such damages are caused by the negligence of Carrier and resulted from the same passenger sustaining actual physical injury, or having been at risk of actual physical injury, or when such damages are intentionally inflicted by the Carrier.
17. NOTICE OF CLAIMS AND TIME LIMITS:(a) The Carrier shall be under no liability whatsoever in respect of any claim arising from an accident which was not reported by the Passenger to the Master whilst onboard the Vessel in accordance with the Conditions of Carriage or at all.
(b) The Carrier shall not be liable for any claims whatsoever for personal injury, illness or death of the Passenger, unless full particulars in writing are given to the Carrier within 185 days after the date of the injury, event, illness or death giving rise to the claim. Claims for personal injury or illness sustained onboard the Vessel must include the medical report issued at the time of the personal injury, event or illness by the onboard physician or medical personnel. Claims for personal injury or illness sustained onboard the Vessel that do not have an accompanying medical report will not be maintainable. Suit to recover on any such claim shall not be maintainable unless filed within two years after the date of disembarkation in accordance with the Athens Convention and unless served on the Carrier within 120 days after filing.
(c) The Carrier shall not be liable for any claims whatsoever, other than for personal injury, illness or death of the passenger, unless full particulars in writing are given to the Carrier within 30 days after the Passenger is landed from the Vessel or in the case the Voyage is abandoned, within 30 days thereafter. Suit to recover on any claim whatsoever other than for personal injury, illness or death and or loss of and or damage to luggage shall not be maintainable unless filed within six months after the date the Passenger is landed from the Vessel or in the case the Voyage is abandoned, within six months thereafter, and unless served upon Carrier within 120 days after filing.
(d) The Carrier shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by the Carrier nor for any intentional or negligent acts of the Carrier’s employees committed while off duty or outside the course and scope of their employment.
18. LAW AND JURISDICTION:(a) ALL claims suits and litigation of any kind whether against the Carrier and or the Vessel in rem or otherwise shall be brought in Canada.
(b) These Conditions of Carriage shall be governed by the laws of Canada.
(c) Each party hereto irrevocably submits to the exclusive jurisdiction of the Federal Court of Canada, at Toronto, Canada in respect of any action, proceeding or litigation of any kind relating in any way to the passenger and or his luggage and or carriage on board the Vessel.
19. INTERPRETATION:Should any provision, or portion of any provision, of these Conditions of Carriage be contrary to or invalid by virtue of the law of any jurisdiction or be so held by a court of competent jurisdiction, such provision shall be deemed to be severed from this Ticket and of no force and effect and all remaining provisions herein shall continue to be in full force and effect. The headings of this Ticket are for convenience of reference only and shall not define or limit any of the terms or provisions hereof. Whenever the context so requires, references to the male gender shall include references to the female, and references to the singular shall include the plural and vice-versa.
20. WARRANTIES/ CONSEQUENTIAL DAMAGES EXCLUDED:All warranties including warranties of fitness for use and merchantability are expressly excluded from this ticket the Carrier shall under no circumstances be liable for any indirect, special or consequential damages of any kind whatsoever.
21. WRITTEN NOTICES:Except as otherwise expressly provided in this Ticket, all written notices required by this Ticket must be mailed, postage prepaid, to G Adventures Inc., 19 Charlotte St., Toronto, Ontario, Canada M5V 2H5.
22. ENTIRE AGREEMENT:The provisions of this ticket govern the entire relationship between the Passenger and the Carrier. The Passengers acceptance of this ticket constitutes the Passengers consent to these provisions. These provisions supersede any oral or written representations. Any change in these provisions must be in writing and signed by the President of the Carrier.
Printed in Canada
Updated July 2009