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We want to explain to you, as our client, exactly what your
AmeriCan Adventures holiday booking means. A legal contract will
be created when you sign your booking form and you should know exactly
what responsibilities you are undertaking towards AmeriCan Adventures
and your tour/trek. Similarly, you should be aware of our legal
responsibilities to you as your tour operator. Simply put...once
confirmed, our basic responsibility is to provide you with the holiday
you have selected within the limits of the conditions below. Your
basic responsibility is to pay in full and accept the conditions
as stated.
Heritage Group Ltd. is responsible for the marketing and
booking of the tours described in this brochure. An associated company,
Premiere International Corp., being a company registered in the
United States and there trading as AmeriCan Adventures at 2533 N.
Carson Street, Suite 654, Carson City, Nevada, is responsible for
and operates the tours in North America. Reference to the 'Company'
in these conditions means Heritage Group Ltd. and/or AmeriCan Adventures
as required by the context. Bookings are accepted subject to the
following conditions:
The full trek deposit or reservation
fee must be paid, but the acceptance of same does not imply acceptance
of the booking. The Company shall not be liable for any loss or
damage incurred by the client as the result of non-acceptance of
a booking. Upon acceptance the deposit shall be accepted as part
payment of the total price, and the balance of the fare shall become
due 42 days prior to departure. Deposits are not refundable in the
event of cancellation by the client. If the client has not paid
the final balance by the due date, the Company reserves the right
to regard the booking as cancelled. Cancellation charges will, at
the Company's discretion, be levied as follows:
| More than 42 days |
deposit |
| only 42-31 days |
30% |
| 30-26 days |
40% |
| 25-21 days |
50% |
| 20-16 days |
75% |
| 15 days and less |
100% |
If a passenger fails to join a tour, or joins it after departure,
or leaves it prior to completion, no refund can be made. All cancellations
must be made in writing, and shall be effective only on the date
on which the Company receives the notice of cancellation. The Company
will charge a fee of UK Pds15/US$20 should a client transfer the
booking more than 42 days before departure from one tour to another
in the Company's brochure. If a client transfers the booking less
than 42 days before departure of the original tour booked, the booking
will be regarded as cancelled, and cancellation charges will be
levied unless the transfer is to an earlier departure date, in which
case only the transfer fee will be charged. 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.
All
travel arrangements, such as flight bookings, made by the Company
are subject to the booking conditions and cancellation revisions
of the travel organiser or airline concerned
The
Company reserves the right to alter routes, timetables and itineraries
for any reason it considers desirable, and will inform clients of
any known changes before departure. If any such change is not acceptable,
clients may cancel and receive full refund. The Company reserves
the right to withdraw any trek up to 42 days before the departure;
and in this event all monies received by the Company, less the cost
of any services already provided, will be refunded. Other than the
refund the Company shall have no liability to the client.
If
in the opinion of the Company the fulfilment of any trek is considered
impossible, illegal or, in the Company's opinion, inadvisable because
of weather conditions, avalanches, strikes, war, government interference
or any other cause not arising from the Company's negligence, the
Company may at any time cancel such trek or what remains of it,
or make any alterations in route, accommodation, price or other
aspects thereof that it thinks fit; and any losses or expenses resulting
from such cancellation or alteration shall be borne by the client.
The Company, without giving a
reason, shall be entitled, but shall not be obliged, to substitute
another vehicle for the vehicle described in the brochure hereto,
or to change the number of persons carried in any vehicle.
All tickets and vouchers are
issued and all travel and accommodation arrangements are made by
the Company as agents only, and the Company shall not be liable
for any damage, loss, delay or inconvenience which may be occasioned
either by reason of any defect in any vehicle or building or through
the acts or defaults, whether negligent or otherwise, of any company,
firm or person engaged in providing transport, refreshment, accommodation
or other facilities or services in connection with the tour or otherwise
in relation thereto, nor of any servant of such company, firm or
person. Nor shall the Company be liable for any damage, losses or
expenses suffered by the client as the result of sickness, quarantine,
weather conditions, war, strikes, riots or any other cause outside
the Company's control. Further, the Company shall not be deemed
to be the agent of the client.
The
Company accepts no liability in respect of death or injury, nor
for loss or damage to goods, other than liability which may be imposed
upon it in terms of English law. To the extent that liability may
devolve upon it, the Company's liability shall be limited to the
amount paid for the tour by the claimant.
It
is a condition of travel that all clients are insured against sickness,
loss of baggage and cancellation or curtailment of the trek. Having
regard to this, the Company shall not be liable for any loss or
expense arising from the loss of baggage, cancellation or curtailment
of the trek. In the event of sickness or accident interrupting the
trek, the Company shall not be liable for any cost or expense arising
therefrom. In all other cases assistance may be given by the Company
and shall be at the Company's discretion. The Company shall not
be liable for any refund, either total or partial, of passage money
paid.
Clients
must inform the Company of any pre-existing medical condition(s)
they may suffer from.
Clients'
luggage is carried on a tarpaulin-covered roof rack. Weather, loading
and unloading can cause greater than usual wear and tear to luggage,
and clients should only bring luggage and personal possessions capable
of standing up to heavy treatment.
Clients
are reminded that they are solely responsible for complying with
formalities required by police, customs or health authorities at
the point of departure, at the destination or while in transit.
The Company will endeavour to provide clients prior to departure
with the latest information concerning such regulations or restrictions,
but cannot accept liability for any inaccuracies or omissions contained
therein.
Passengers
are not allowed to carry any unlawful drugs on the Company's treks,
and should any such drugs be found on any clients, or in their luggage,
they will be immediately excluded from the trek and liable for their
own repatriation and all costs thereof. Under no circumstance will
the Company accept any responsibility or liability for loss, imprisonment,
expenses or other costs arising from such exclusion, nor will monies
paid to the Company be subject to refund.
The Company reserves the right
to refuse carriage to any person at any time prior to or during
the trek if, in the Company's opinion, the applicant or trek member
is not compatible with the general enjoyment and well-being of other
members of the trek. The final decisions on itinerary, accommodation
and conduct on the trek will be taken by the trek leader appointed
by the Company.
Clients will accept the authority
and decision of the trek leaders appointed by the Company.
The
person making the booking warrants that he/she has authority to
make it on behalf of all other persons included in the bookings,
so as to make such other persons parties thereto and to bind them
to the terms of these conditions.
Should
a client have a complaint against the Company, he/she should inform
the trek leader during the tour. If satisfaction is not received,
the client should contact the operations office of the Company by
telephone. If these steps do not resolve the client's complaint,
the complaint must be made in writing to the Company's head office,
to be received within 28 days of the completion of the tour. The
Company will not accept any liability of claims received after this
period.
The Company reserves the right
to use any photograph or film taken during the trek by the appointed
representative of the Company, for use exclusively in the Company's
advertising or publicity material, without obtaining further consent
from the client, unless the Company receives the written refusal
of the client, together with the client's booking, prior to departure
of the client's appointed trek.
The
information contained in the Company's brochure and price insert
is correct to the best of the Company's belief, but the Company's
accepts no liability for any innocent inaccuracies contained herein.
The prices contained in the
Company's brochure are correct at the time of publication (5th July,
2001) but are subject to alteration due to foreign exchange fluctuations
and other unforeseen occurrences. The Company reserves the right
to alter the price of any Trek or to impose a surcharge to take
account of any increase in its cost, and acceptance of the booking
by the Company is conditional upon the client undertaking to pay
the Company any such surcharge. If such surcharge results in an
increase of 10% or more of the trek cost, the client may cancel
the booking without penalty within seven days of notification of
the surcharge being issued by the Company, by giving notice thereof
in writing and may obtain a refund of all monies paid. No surcharge
will be imposed less than 30 days before trek departure.
Bookings
cannot be accepted from persons under the age of eighteen years
at the date of the departure unless prior written consent is granted
by the Company to the applicant for inclusion in the tour. The Company
reserves the right to refuse an application made by a minor without
the written consent of a parent or legal guardian having first been
obtained, and the Company further reserves the right to refuse bookings
from minors solely on account of their age.
The entire contract between
the Company and the client is contained in these conditions and
the booking form, and no representation, term, warranty or condition
expressed or implied shall be deemed to be or have been made or
agreed or implied by reference to any other writing, advertisement
or conversation. These booking conditions can only be varied with
the written permission of the Company, signed by a director of the
Company.
Any
dispute arising in connection with the client's contract with the
company, where the client and the Company cannot agree, may be referred
to an arbitrator appointed by the Institute of Arbitrators under
their scheme for the travel industry. This scheme provides for a
simple and inexpensive method of arbitration on documents alone,
with restricted liability on the client in respect of costs. However
the scheme does not apply to claims for an amount greater than UK
Pds 1,500 per person or UK Pds 7,500 per booking form or to claims
which are solely or mainly in respect of physical injury or illness
or the consequences of such injury or illness. Details of the scheme
will be supplied on request.
. All
disputes shall be dealt with according to English law and be subject
to the jurisdiction of the appropriate English court unless the
Company agrees otherwise in writing. Premiere International Corp./(dba)
AmeriCan Adventures is operating under a variety of special use
permits from the United States National Park Service and United
States National Forest Service.
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