Booking Conditions : Please read carefully the terms in the conditions of contract. In completing and submitting the Booking Form, you agree to be bound by these conditions which constitute the agreement between Trailwalkers Ireland Limited.These conditions apply to the exclusion of any other terms or conditions, unless they are set out in the Booking Form, or are otherwise agreed to in writing by the parties. No purported variation of these conditions will be effective unless in writing and signed by a person so authorised by Trailwalkers Ireland Limited.
1. How to Book
1.1 To reserve your place on one of the Trailwalkers Ireland Limited tours you should forward a completed booking form and a non-refundable deposit of €100 per trip . Note that some trips require the payment of an additional non-refundable deposit. Deposits may be paid by credit card Receipt of your booking form and payment does not automatically confirm your position on the tour. You will be notified of the tour availability once we have received confirmation from our operators in Ireland at which time your booking will be processed. If the tour is not available and an alternative departure is not suitable we shall return your booking form and payment in full. 1.2. Trailwalkers Ireland Limited strongly suggest that you take out travel insurance at time of booking. 1.3 Payment of the full tour price may be made by cheque, cash, online bank transfer, or Debit Card. 1.4 If payment of the full tour price is made by credit card a surcharge may be charged. 1.5 Trailwalkers Ireland Limited can assist with booking low cost carrier airfares. An administration fee of €25pp will be charged for this service. Immediate payment will be required at time of booking your flight. 1.6 Prices are quoted in Euro and are valid until 31 December 2013. All payments must be made in Euros. Final balance for self guided trips is payable 70 days prior to departure. If payment of the balance of the tour price for self guided trips is not received by Trailwalkers Ireland Limited by the required time you will be taken as having cancelled the tour and cancellation charges in accordance with condition 3 will apply.
2. Amendments/Transfers
2.1 AMENDMENTS: If you wish to make amendments to your tour arrangements, you must notify Trailwalkers Ireland Limited in writing. Each amendment to your tour arrangements will incur a €50 per person administration fee and you will be liable for any increase in airfares or operational expenses occasioned by the amendment. All administration fees must be paid before departure. Date changes are treated as cancellations for self guided trips. 2.2 TRANSFERS: If you wish to transfer from one tour to another, you must notify Trailwalkers Ireland Limited in writing. Trailwalkers Ireland Limited will need to check the availability of your alternative tour. Once Trailwalkers Ireland Limited acknowledges your notice the transfer will take effect subject to the following. Transfers may only be made to another tour to commence within 12 months of your original departure date and the following transfer charges will apply: Self guided trips: a) If your notice is received more than 70 days prior to your original departure date, a €300 transfer fee will apply. or b) If your notice is received within 70-36 days prior to your original departure date, 50% of your original tour price will be forfeited. If your notice is received at least 35 days or less prior to your original departure date, 100% of your tour price will be forfeited;
Note: Any requested amendment to tour arrangements or transfer from one tour to another is subject to availability and the agreement in writing of Trailwalkers Ireland Limited
3. Cancellation
3.1 If it becomes necessary to cancel your tour, please immediately notify us in writing. Upon acknowledgement by us of your written advice, cancellation will take effect and the following conditions apply: a) If cancellation takes place more than 70 days prior to departure date, you will forfeit your deposit in full; b) If cancellation takes place between 70 and 36 days prior to departure, 50% of the cost of the tour and the whole of any travel insurance premium will be forfeited; c) If cancellation takes place 35 days or less prior to departure, 100% of the cost of the tour and the whole of any insurance premium will be forfeited. 3.2 In these booking conditions ‘the cost of the tour’ includes the cost of any extras booked for that tour. The tour price is quoted as a package. No partial refunds or credit will be given for services not used. Any amount forfeited, which has not then been paid to Trailwalkers Ireland Limited, may be recovered from you by Trailwalkers Ireland Limited as a debt due and payable. Travel insurance should
be instigated at the time of booking.
4. Health & Fitness Requirements
Participants must be in good health and physical condition and are strongly advised to follow our pre- departure fitness training recommendations as outlined in the detailed trip notes. On receipt of your Booking Form Trailwalkers Ireland Limited will send you a medical questionnaire to be completed by you or your doctor and returned to us as proof that you are fit enough to participate in the tour. If you suffer from severe muscular, chest, heart or bronchial disorders, or if you are a severe asthmatic, or have high blood pressure, you are strongly advised against participating on tours graded 4 to 5. You must complete, sign and return the Trailwalkers Ireland Limited requisite medical form at least 70 days before your departure. If you have a pre-existing medical condition, or are over 70 years of age, you must provide and return to Trailwalkers Ireland Limited at least 70 days before departure of any tour a medical form completed by your doctor. Tours may take place in remote areas where there is little or no access to normal medical services or hospital facilities for serious problems. Where necessary, evacuation can be prolonged, difficult and expensive. Medical and evacuation expenses will be the responsibility of the participant Trailwalkers Ireland Limited reserves the right in its absolute discretion to refuse a participant the right to participate in a tour on medical or fitness grounds or for any other reason that would impact on the safety of the participant, the guide or any other group member.
5. Medical Disclosure
You declare and warrant that: you are in good health and mental and physical fitness at the time of booking this tour; you have disclosed to Trailwalkers Ireland Limited every matter concerning your health and mental and physical fitness of which you are aware, or ought reasonably be expected to know, that is relevant to Trailwalkers Ireland Limited decision to permit you to go on the adventure tour; immediately upon any adverse change in your health or fitness that may be likely to affect Trailwalkers Ireland Limited decision to accept the risk of permitting you to go on the adventure tour, you will notify Trailwalkers Ireland Limited in writing of any such adverse change. You acknowledge that the obligation to disclose under this condition continues from the time of booking the tour through to departure and extends for the duration of the tour. If you fail to comply with the duty of disclosure in this condition and if Trailwalkers Ireland Limited. Trailwalkers Ireland Limited would not have permitted you to undertake the tour, or continue participation of the tour, had you made full disclosure under this condition, Trailwalkers Ireland Limited will not be liable, except to the minimum extent required by law, for personal injury, death or property damage or loss incurred by you.
6. Cancellation Due to Tour Booking Numbers
Trailwalkers Ireland Limited reserves the right to cancel any tour prior to departure in the event that there are too few people booked on a tour in which case you will be given a full refund of the tour price paid by you. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damage (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation (including but not limited to visa, passport and vaccination charges, or departure, gear purchases, airport and airline taxes).
7. Route Changes, Postponement, Cancellation or Delay
7.1 Trailwalkers Ireland Limited reserves the right to: a) change the date of departure or conclusion of the tour; or b) modify any aspect of the tour; or c) cancel or modify any routes within the tour or objectives set out in the itinerary; or d) substitute different or equivalent routes within the tour in place of cancelled or modified routes, or postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the tour) any such aspect of the tour if, in the absolute discretion of Trailwalkers Ireland Limited, it is necessary to do so due to inclement weather, snow or icy conditions or conditions that are otherwise likely to be hazardous or dangerous or due to any other adverse or threatening conditions whether political or military or terrorist or otherwise or in the case of any real or perceived health risk (including SARS or bird flu), or if, in the absolute discretion of Trailwalkers Ireland Limited, there is a likelihood of any such event occurring which may impact upon the safety of the participants, or if an act or omission of a third party prevents the tour or the aspect of the tour being undertaken in accordance with your booking or for any other reason considered necessary by Trailwalkers Ireland Limited. In the event of any change, modification, cancellation postponement or delay under this
condition, you acknowledge that you will have no right of refund of the tour price (whether in whole or in part) and no right to claim compensation for any injury, loss or damage or other additional expenses incurred by virtue of the change, modification, cancellation postponement or delay; e) If any such change, as contemplated by condition 7.1, whether before or during the tour, necessitates additional costs (including accommodation, flights or ground transportation) to be charged, you agree that you will pay these additional costs as reasonably required by Trailwalkers Ireland Limited. 7.2 Trailwalkers Ireland Limited also reserves, in its absolute discretion, the right to cancel any tour due to any government travel warning or advice, or any change in such warning or advice. In this event Trailwalkers Ireland Limited , condition 3 applies as if you had transferred or cancelled the tour at the date that Trailwalkers Ireland Limited cancelled the tour due to the governmental travel warning or advice. Travel insurance may compensate you depending on the circumstances.
8. Itineraries, Brochures, Website, & Documentation
8.1 Itineraries and other details are published in good faith as statements of intention only and reasonable changes in the itinerary and related items may be made where deemed necessary or advisable by Trailwalkers Ireland Limited. 8.2 The information contained in Trailwalkers Ireland Limited brochures, itineraries, and internet site is, to the best of Trailwalkers Ireland Limited belief, correct at the date of publishing. 8.3 There is a general indication on this website of the itinerary of each trip, type of accommodation used, what is included in the price and visa requirements. Changes in all of these items may need to be made. You should request a detailed dossier for up to date information about the trip. 8.4 The Company’s website contains statements representing its honest belief that the facts as shown are correct. Every reasonable effort has been made to describe fully and as honestly as possible the holidays offered and every reasonable attempt will be made to supply what has been described. 8.5 The Company reserves the right to make changes to the information, prices and itineraries set out on the website and provided such changes, have been notified to the customer prior to his submitting a booking form or accepted by the customer after submission of the booking form but prior to the Company’s confirmation, then such changes shall be binding on the parties.
9. Insurance
9.1 It is a condition of booking a tour with Trailwalkers Ireland Limited that before you travel with Trailwalkers Ireland Limited, you must either: a) take out a policy under the travel insurance scheme offered by Trailwalkers Ireland Limited; or b) take out a policy of travel insurance which is acceptable to Trailwalkers Ireland Limited . 9.2 To be acceptable to Trailwalkers Ireland Limited, a policy of travel insurance must: (i) be valid for the entire duration of the tour; and (ii) cover you for illness, injury, death, loss of baggage and personal items, cancellation, curtailment, emergency rescue and repatriation. 9.3 You agree that it is your responsibility to check the adequacy and validity of any insurance policy effected by or on your behalf and you must provide evidence to Trailwalkers Ireland Limited that you have obtained personal travel insurance. 9.4 Personal travel insurance is not included in the tour price.
10. Proof of Citizenship or Information Required for Travel
It is your responsibility to obtain proper identification or proof of citizenship as required by the authorities of the destination to which you are travelling. You will not be entitled to a refund if you are denied boarding or entry on any basis, including without limitation, improper documentation or failure to provide information.
11. Airlines & Other Transport Providers
11.1 Any material published by Trailwalkers Ireland Limited, the Booking Form and these conditions of contract are not issued on behalf of, and do not commit any airline whose services are used or proposed to be used in the course of the tour. 11.2 In the event that an airline’s proposed travel or fare schedule is amended or cancelled, such amendment or cancellation will not be considered a cancellation of the tour by Trailwalkers Ireland Limited. 11.3 Any flights or other transport forming part of the tour arrangements are subject to the conditions of the carrying airline or other transport entity, which in most cases limits the airlines’ or other transport entity’s liability to passengers in accordance with applicable international law and conventions. The liability of Trailwalkers Ireland Limited, any airline or other transport provider is limited so far as possible by the following conventions: Warsaw Convention 1929, as amended by the Hague Protocol and Montreal Protocol in relation to air travel; or Montreal Convention 1999; the Berne Convention for rail travel 1980; Athens Convention 1974 for carriage by sea; and the Geneva Convention for carriage by road 1978.
12. Tour Price
12.1 Package prices are based on ground costs. 12.2 Trailwalkers Ireland Limited tries its utmost not to increase tour prices, however sometimes increases are outside its control. Trailwalkers Ireland Limited reserves the right to modify tour prices (or any part) without notice at any time before and including the departure date. 12.3 Modifications may be necessitated for many reasons including, but not limited to, exchange rate fluctuations, increased fuel costs, airfares, airport charges, increases in ground operator service fees, or the need to engage alternative air or ground operators. 12.4 Any increase in tour prices must be paid prior to the departure date.
13. Exclusions From Tour Price, Visa & Vaccinations
13.1 It is entirely your responsibility to obtain the relevant medical advice and vaccinations and make all other necessary preliminary arrangements including compliance with visa requirements, and Trailwalkers Ireland Limited accept no responsibility whatsoever in the event that these matters are not dealt with prior to departure. Your passport must be valid for at least 6 months after the date of your return. 13.2 Without limitation, the following items are excluded from the tour price:
personal travel insurance; visa, passport and vaccination charges; departure, airport and airline taxes extra meals, transport costs, accommodation costs, or other expenses not included in the itinerary; laundry, postage, personal clothing, medical expenses & items of a personal nature; emergency evacuation and/or emergency search charges; additional expenses caused by delay, accidents or disruption of planned itineraries; and tips, onboard beverages and excess baggage charges.
14. Force majeure If Trailwalkers Ireland Limited is prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of act of God, strikes, trade disputes, fire, breakdowns, interruption of transport, government or political action, acts of war or terrorism, acts or omissions of a third party or for any other cause whatsoever outside Trailwalkers Ireland Limited reasonable control, Trailwalkers Ireland Limited will be under no liability whatsoever to you and may, at its option, by written notice to you either cancel the tour or take any other action as specified in condition 7.
15. Assumption of Risk
15.1 You acknowledge that: a) by the very nature of adventure travel, cycling and trekking holidays, they are more challenging and demanding with a commensurately higher level of risk compared with conventional holidays; and b) the additional dangers and risks associated with adventure travel may include difficult and dangerous terrain; high altitude; extremes of weather, including sudden and unexpected changes; political instability; remoteness from normal medical services and from communications; and evacuation difficulties in the event of illness or injury; and c) the enjoyment and excitement of adventure travel is derived in part from the inherent dangers and risks associated with adventure travel and that those inherent dangers and risks are a reason why you wish to undertake the adventure tour; d) the very nature of the adventure travel undertaken by you may require considerable flexibility on your part, necessitating alternative arrangements to be made to the itinerary at short notice; and e) you have submitted your booking for the tour after giving due consideration to relevant travel information including, without limitation, any information or advice issued by the Irish Foreign Office and that it is your responsibility to acquaint yourself with that information or advice. 15.2 For the above reasons you therefore accept the inherent and increased dangers and risks associated with the proposed tour and the accompanying risk of injury, death or property damage or loss.
16. Disclaimer
You accept that: a) Trailwalkers Ireland Limited acts as a booking agent for third-party tour operators and accepts no liability for the acts or omissions of those third-party tour operators; and b) Trailwalkers Ireland Limited will not be liable for any breach of any law by any person with whom you travel on the tour; and c) you may not rely on any representations concerning the tour made by Trailwalkers Ireland Limited which are not contained in these conditions.
17. Release & Waiver of Liability
17.1 In consideration of Trailwalkers Ireland Limited accepting your booking application and in consideration of you being permitted by Trailwalkers Ireland Limited to join the tour: a) you release Trailwalkers Ireland Limited and its officers, employees, agents, licensees, guides and other representatives and the land management authorities in the countries in which the tour is conducted (all of whom are collectively referred to as Trailwalkers Ireland Limited its employees, agents and suppliers”) from all financial or economic cost, liability, loss or damage or damage to or loss of your property incurred or suffered by you directly or indirectly during the course of the tour. Trailwalkers Ireland Limited shall not be liable for personal injury, illness or death unless caused by the negligence or wrongful act of Trailwalkers Ireland Limited, its employees, agents and suppliers; and b) you waive any claims you have, or may at any time have, against Trailwalkers Ireland Limited, its employees, agents and suppliers and you agree, by accepting the additional inherent dangers and risks associated with the tour, not to make any claim against or seek any compensation from Trailwalkers Ireland Limited , its employees, agents and suppliers in respect of any personal injury, illness or death suffered by you (unless such death or personal injury is caused by the negligence of Trailwalkers Ireland Limited , its employees, agents and suppliers) or damage to or loss of property sustained by you as a result of your participation in the tour. 17.2 If, despite the release and waiver given under this condition, Trailwalkers Ireland Limited is found to be liable for damages to you, you agree that the maximum amount of such damages will be limited to the price paid for the tour (provided that any losses relating to death or personal injury arising from the negligent acts of Trailwalkers Ireland Limited, its employees, agents and suppliers will not be limited). Any damages or compensation are further limited by the Warsaw Convention as amended by the Hague protocol 1955 (air), the Athens Convention 1974 (sea), the Berne Convention 1961 (rail), and the Paris Convention 1962 (hotel accommodation). In the event that Trailwalkers Ireland Limited makes any payment to you in respect of any damages claim brought by or on your behalf, you must assign to us or our insurers, as Trailwalkers Ireland Limited require, all your rights to pursue any third party and you must provide all reasonable cooperation to us and our insurers in relation to the pursuit of any claim. 17.3 You accept that the release and waiver contained in this clause 17 is reasonable given the nature of the tour and given the wide availability of travel insurance and you agree to check the terms of your travel insurance policy to ensure that it provides adequate cover. 17.4 Nothing in these terms and conditions shall exclude or limit Trailwalkers Ireland Limited liability for fraud, dishonesty or wilful concealment or for death or personal injury arising from the negligent acts of Trailwalkers Ireland Limited, its employees, agents and suppliers.
18. Miscellaneous
18.1 A party will not be deemed to have waived any of its rights or remedies under these conditions or at law by allowing any time or indulgence or by not exercising any right or remedy arising out of any default by the other party. 18.2 If any part of a condition is illegal, unenforceable or invalid, it is to be treated as removed from the conditions, however, the remainder of the conditions are not altered.
19. Land only clients In respect of land-only clients (meaning those who have not purchased flights through our office), our responsibility does not commence until you have met our representative at the appointed time at the designated meeting point. If you fail to arrive there at the appointed time, Trailwalkers Ireland Limited shall not be responsible for any additional expenses incurred by you in order to meet up with the group. Land only clients are not covered under our ATOL license.
20. Arbitration
Any complaint arising out of your tour must be brought to the attention of the local Trailwalkers Ireland Limited agent or representative. Your complaint should be made in writing within 24 hours of the cause of the complaint and signed by the Trailwalkers Ireland Limited agent or representative confirming that it was brought to his or her attention. If your complaint is not satisfactorily resolved and you wish to pursue the matter on return from your tour, you must submit your written complaint to us within 14 days of your return. Trailwalkers Ireland Limited will not be liable in relation to any complaint or problem if you fail to notify the Trailwalkers Ireland Limited agent or representative during the tour or Trailwalkers Ireland Limited upon your return, strictly in accordance with this condition.