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GENERAL
TERMS AND CONDITIONS
These Terms and
Conditions govern the relationship
between you and Body & Soul
Adventures. By booking a trip you
agree to be bound by these Terms
and Conditions which outline,
among other things, our
cancellation policy and certain
limitations of liability.
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 our
website, or by email or facsimile
with the Company or its Agents,
you accept and are bound by these
Terms and Conditions. The person
or persons named on the booking
are hereafter referred to as the
'Client'. All bookings are made
with Body & Soul Adventures,
the 'Company'. 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. The service to be
provided is the adventure tour
referred to in the booking
confirmation.
2) DEPOSIT
REQUIREMENT
At the time of
booking a deposit of 500 USD is
due.
3) FINAL
PAYMENT/ACCEPTANCE OF
BOOKING/CLIENT DETAILS
Acceptance of the
Client's booking must be confirmed
in writing by the Company. Please
refer to your confirmation invoice
for details regarding final
payment. Payment of the balance of
the tour price is due 20 days
before the departure date. If a
booking is made 20 days or less
before the departure date then the
full amount is payable at the time
your booking is confirmed. If this
balance is not paid at the time
your booking is confirmed the
Company reserves the right to
treat the Client's booking as
cancelled.
4)
CANCELLATION BY THE CLIENT
Any cancellation by
a Client must be made in writing
and acknowledged by the Company.
The date on which the letter is
received by the Company or its
Agents will determine the
cancellation charge applicable.
The cancellation
charges are expressed hereafter as
a percentage of the total tour
price, excluding insurance.
Cancellation 60
days or more before departure: 10%
of tour cost
Cancellation 59-40 days before
departure: 50% of tour cost
Cancellation 39-20 days before
departure: 70% of tour cost
Cancellation less than 20 days
before departure: 100% of tour
cost
You are strongly
advised to take out cancellation
insurance at the time of making
the booking as this will cover
cancellation charges in certain
circumstances. (Note: such
insurance will not cover a change
of mind.)
5)
CANCELLATION OF A TOUR BY THE
COMPANY
The Company
reserves the right to cancel any
trip if the required number of
participants has not been met. If
the Company cancels a group
adventure trip on which you are
holding a full-paid booking you
may choose between an alternative
trip or a full refund.
The Company
reserves the right to cancel any
trip, including a guaranteed trip,
at any time prior to departure due
to terrorism, natural disasters,
political instability or other
external events which make it
nonviable for the Company to
operate our planned schedule. If
the Company cancels a group
adventure trip on which you are
holding a full-paid booking you
may choose between an alternative
trip or a full refund. The Company
is not responsible for any
incidental expenses that you may
have incurred as a result of your
booking such as visas,
vaccinations, non-refundable
flights or loss of enjoyment, etc.
If the alternative trip chosen is
of a lower value than that
originally booked then you are
entitled to a refund of the price
difference. If the alternative
tour is chosen is of a higher
value then you will pay the
difference in price.
6) UNUSED
SERVICES
There will be no
discounts or monies refunded for
missed or unused services, this
includes voluntary or involuntary
termination, ie. sickness, death
of a family member, etc.
7) PRICES
AND SURCHARGES
We reserve the
right to impose surcharges (price
increases) up to 60 days before
departure due to unfavorable
changes in exchange rates or
transportation costs, increases in
local operator costs, taxes, or if
government action should require
us to do so. 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.
8)
FLEXIBILITY
The Client
appreciates and acknowledges that
the nature of this type of travel
requires considerable flexibility
and should allow for alternatives.
The itinerary provided for the
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, strikes, events
emanating from political disputes,
climate and other unpredictable or
unforeseeable circumstances.
9) CHANGES
a) Changes made
by the Company : The
Company reserves the right to
change any of the facilities,
services or prices described in
the website before a booking is
made. If such a change is made,
the Client will be told at the
time of booking or when the change
occurs. 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
time before departure. The
definition of a major change is
deemed to be a change affecting at
least one day in five of the
itinerary. If the major change is
due to force majeure or unforeseen
circumstances no compensation is
payable. When a major change is
made the Client may choose between
accepting the change, obtaining a
full refund of all monies paid or
accepting an alternative tour date
offered by the Company.
(b) Transfer to
another departure (by Client ):
A transfer from one tour to
another can only be made more than
30 days 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 an administration
fee of 10% of the value of the
first booked tour. Any request to
transfer received less than 30
days, before departure will not
normally be accepted. In this case
the Client must cancel the booking
and then re-book on another tour.
A 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 you are
prevented from traveling on the
tour you booked by circumstances
such as those which would permit
you to make a claim on a standard
cancellation insurance policy, you
may transfer your booking to
another person, provided they meet
all the requirements relating to
that tour. .
10)
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.
11) TRAVEL
DOCUMENTS
The Client must be
in possession of a valid passport
required for entry and departure,
(your passport must be valid 6
months past your return date), all
visas, permits and certificates
including vaccination
certificates, insurance policies,
required for the tour. The Client
accepts full responsibility for
obtaining all such documents and
permits, 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.
12) FACTORS
OUTSIDE THE COMPANY'S CONTROL
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
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, 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, or
any other cause whatsoever beyond
the reasonable control of Company.
13)
INSURANCE
It is mandatory
that all Clients obtain travel
insurance with a minimum coverage
of US$75,000 while traveling with
the Company and this insurance
must cover personal injury,
medical expenses, repatriation
expenses, and evacuation expenses.
It is strongly recommended the
coverage be extended to include
cancellation, curtailment, loss of
belongings and all other expenses
which might arise as a result of
loss, damage, injury, delay or
inconvenience occurring to the
Client. When obtaining travel
insurance the Client must ensure
the insurer is aware of the type
of travel to be undertaken
14) CLAIMS
AND COMPLAINTS
If a Client has a
complaint against the Company the
Client must first inform the tour
Operations Manager whilst on the
tour in order that the Operations
Manager can attempt to rectify the
matter. If satisfaction is still
not reached through these means
then any further complaint must be
put in writing to the Company
within 30 days of the end of the
tour. The Company will not accept
any liability for claims received
after this period.
15) LOCAL
CONDITIONS
Client acknowledges
that she/he will be visiting
places where the political,
cultural and geographical
attributes present certain risks,
dangers and physical challenges
greater than those present in our
daily lives. By booking travel
with the Company, Client
acknowledges that she/he has
considered the potential risks,
dangers and challenges, and
expressly assumes the risks
attendant to such travel
conditions. Client is solely
responsible for acquainting
her/himself with the customs,
weather conditions, physical
challenges and laws in effect at
each stop along the itinerary, and
is encouraged to locate or make
contact prior to embarkation with
his/her local embassy or consulate
in each destination.
16) 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 our website.
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