Booking Terms and Conditions
Last updated: May 29, 2020
Please take the time to read and understand the conditions of booking set out below (the “Booking Conditions”) prior to booking a trip with 10Adventures Tours Inc. We strongly recommend that you also read the Trip Information relating to your trip prior to booking to ensure that you understand the itinerary, style and physical demands of the trip you are undertaking.
1. Our contract
All bookings are made with 10Adventures Tours Inc. (“us” or “we”). By booking a trip through our website or the website of a partner of ours, you are deemed to have agreed to these Booking Conditions (which constitutes the entire agreement between you and us) and your booking will be accepted by us on this basis. The services to be provided are those referred to in your booking confirmation invoice. For greater certainty, 10Adventures.com Inc. is an affiliate marketer of us only, and these Booking Conditions constitute a contract solely between you and us.
2. Acceptance of risk
You acknowledge that the nature of the trip is adventurous and participation involves a degree of personal risk. You will be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives. It is your own responsibility to acquaint yourself with all relevant travel information, including information from government foreign departments, and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel and now freely accept and assume such risks, which include, without limitation, risk of minor or major bodily injury (including death), disease, illness, damage or theft to property or other loss or damage arising out a variety of dangers and hazards such as overexertion, dehydration, fatigue, lack of fitness or conditioning, traumatic injury, defective, dangerous or unsafe conditions, falls, collisions with objects, equipment or persons and negligence or other acts or omissions by us, our agents, tour operators, tour guides or other third parties in connection with your trip.
3. Release of Liability
BY ACCEPTING THESE BOOKING CONDITIONS YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
To the fullest extent permitted by law:
- any liability for any loss, death, injury, disease, increased costs, delay, loss or damage which you or any third party may suffer (directly or indirectly) in connection with or arising out of your participation in a trip, or any breach of the Booking Conditions, is excluded; and
- you unconditionally and irrevocably release us and our directors, officers, employees, agents and representatives from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in a trip, including any liability:
- arising out of our negligence;
- arising out of a tour operator’s negligence; or
- for death, injury or disease.
4. Deposit requirement
You are required to pay a deposit of 30% of the trip price for your booking to be confirmed.
If your booking is made within 45 days of the departure date then the full amount is payable at the time of booking. Please note that some trips have different deposit amounts. You will be told of this different deposit amount during booking.
5. Acceptance of booking and final payments
If the tour operator accepts your booking, you will be issued a confirmation invoice. You should not book additional travel (such as flights) until you receive a confirmation notice that your booking has been accepted.
A contract will exist between us from the date we issue the confirmation invoice or if you book within 30 days of departure the contract will exist when we accept your payment, which contract relates solely to our role as booking agent for your tour with the tour operator. Please refer to your booking confirmation invoice for details regarding final payments. Payment of the balance of the trip price is due 45 days before the departure date. If this balance is not paid on or before the due date we reserve the right to treat your booking as cancelled.
6. Prices & surcharges
Our trip prices are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means our trip prices may vary at any time in accordance with demand, market conditions and availability. It is likely that different passengers on the same trip have been charged different prices. Your best option if you like the price you see is to book at that time. Any reduced pricing or discounts that may become available after you have paid your deposit will not apply. If you wish to cancel your booking to take advantage of a cheaper price, full cancellation conditions apply. The most up to date pricing is available on our website. Prices are based on our then applicable currency exchange rates noted at the time of booking (which are updated by us on a regular basis). Note that prices may vary depending on which currency the booking is made. We reserve the right to impose surcharges up to 45 days before departure due to unfavourable changes in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. In such instances, we will be responsible for any amount up to 2% of the trip price and you will be responsible for the balance. If any surcharge results in an increase of more than 10% of the trip price you may cancel the booking within 14 days of notification of the surcharge and obtain a full refund.
7. Your details
In order for us to confirm your travel arrangements, you must provide all requested details with the balance of the trip price. Necessary details vary by trip; they include but are not limited to full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. On some more demanding trips, we also require you to complete and forward a Self-Assessment form. Failure to provide requested details may result in additional charges or non-refundable cancellation of your trip.
8. Cancellation by the traveller
You must inform us in writing by email if you wish to cancel some or all portions of your trip.
Booking cancellation fees will apply for a cancellation. A cancellation will only be effective when we receive written confirmation of the cancellation. If you cancel a trip:
- 61 days or more prior to departure, we will retain a portion of the deposit equal to 10% of the total refundable trip fee, and will return the remainder of your deposit.
- Between 46 and 60 days prior to departure, we will retain a portion of the deposit equal to 30% of the total refundable trip free, and will return the remainder of your deposit if applicable. The 30% retained portion may be used as a credit toward a future trip, which must be booked within 12 months of the date of the initial booking.
- Between 31 and 45 days prior to departure, we will retain the entire deposit. Such deposit (minus any non-refundable costs) may be used as a credit toward a future trip, which must be booked within 12 months of the date of the initial booking.
- 30 days or less prior to departure, we will retain the full amount of the deposit (minus any non-refundable costs), and up to 100% of any additional amounts paid by you in connection with the booking. Depending on the specific tour booked, the amount paid as a deposit may be used as a credit for variable future travel, in our sole discretion.
In some instances, depending on the time of cancellation, portions of your tour may be non-refundable (e.g. flights, permits or certain accommodation bookings that cannot be cancelled). The percentage of the deposit that is refunded to you (as set out above) will be based on the total refundable portion, and any non-refundable portions will be deducted from the amount returned to you. We may be able to refund part of your booking where accommodations or travel tickets were partially refundable. In that situation, the amount refunded will be determined on a case-by-case basis, in our sole discretion.
If you book and cancel a trip more than once, after the first cancellation, the booking cancellation fees noted above will no longer apply. If a trip is cancelled for a second time, we will retain 100% of all amounts paid (due to costs incurred by us for multiple cancellations).
You are strongly advised to take out cancellation and trip interruption insurance at the time of booking which will cover cancellation fees. If you leave a trip for any reason after it has commenced we cannot provide any refunds for unused services. If you fail to join a tour, join it after departure, or leave it prior to its completion, no refund will be made. We accept no responsibility for the late arrival of flights or other travel arrangements, howsoever caused, and you acknowledge that any such delay could result in missing the tour departure or incurring additional expenses. The above cancellation fees are in addition to fees which may be levied by accommodation providers, travel agents or third party tour and transport operator fees.
9. Cancellation by us
Our trips are guaranteed to depart once they have been confirmed, unless minimum group size specifically states otherwise. We may cancel a trip at any time prior to departure if, due to terrorism, natural disasters, political instability, epidemics/pandemics or other external events it is not viable for us to operate the planned itinerary or if we perceive there to be a risk of harm, in our sole discretion. If we cancel an individual trip, you can transfer amounts paid to an alternate departure date or receive a full refund.
In circumstances where the cancellation is due to external events outside our reasonable control, such as during a pandemic or other issue detrimentally impacting the global tourism industry, you will receive a credit towards a future trip, however refunds will not be permitted. We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel medical insurance excess, foreign exchange fluctuations or non-refundable flights.
10. Booking amendments
If you wish to transfer from one trip to another or transfer your booking to a third party you must notify us at least 60 days prior to the proposed departure date. A fee of up to $200 USD per person per change will apply (in addition to any charges levied by hotels, ground operators or airlines). If you notify us less than 60 days prior to the proposed departure date, the refund policy applicable to cancellations will apply. Transfers to a third party are only permitted where the transferee meets all the requirements in relation to the trip, and transfers to another departure can only be made to a departure within 12 months of the date of the initial booking.
Amendments to any other arrangements made in conjunction with your trip will incur a $130 administration fee per booking per change. This fee is in addition to any charges levied by hotels, ground operators or airlines. No amendments are permitted to your booking within 10 days of departure.
The land price of your trip includes:
- All accommodation as listed in the Trip Information
- All transport listed in the Trip Information
- Sightseeing and meals as listed in the Trip Information
- The services of a group leader as described in the Trip Information
The land price of your trip does not include:
- International or internal flights unless specified
- Airport transfers, taxes and excess baggage charges unless specified
- Meals other than those specified in the Essential Trip Information
- Visa and passport fees
- Travel medical insurance
- Cancellation or trip interruption insurance
- Optional activities and all personal expenses
- Admissions to sites and activities not otherwise identified in the Trip Information
- Gratuities/tips to tour guides or drivers
- Any items not specified in the Inclusions list.
13. Age & Health requirements
Minimum Age: For the majority of our trips the minimum age is 15 at the time of travel. All travellers under the age of 18 must be accompanied by a legal guardian, or in lieu of a legal guardian, by an escort over the age of 18, appointed by their legal guardian. The legal guardian or their designee will be responsible for the day to day of any traveller under the age of 18. If a legal guardian elects to designate an escort in their lieu, they will be required to complete and sign a relevant document, to delegate their authority.
Please note we cannot guarantee triple or adjoining rooms for families; accompanying adults may be required to share with others in the group on a twin share basis.
Variations: A minimum age of 18 applies to many adventures, while a lower minimum age applies to Family trips and Short Break Adventures. Please check with our customer support at the time of enquiry. All bookings for our Family trips must include a child under the age of 18.
Maximum Age and Health Requirements: For the majority of our trips we have no upper age limit though we remind you that our trips can be physically demanding and passengers must ensure that they are suitably fit to allow full participation. We are able to provide details on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination.
14. Small groups & combination trips
At times we can have groups with small numbers of travellers. Some of our trips are designed to fit with other departures to create a longer "combination" trip; this means that some of your group may have already been travelling together for some time when you commence your trip. If you would like to know how many people are booked on your trip or any combination trip it is part of please ask prior to making your booking.
15. Passport and visas
You must carry a valid passport and have obtained all of the appropriate visas, permits and certificates for the countries which you will visit during your trip. Your passport must be valid for 6 months beyond the duration of the trip. It is your responsibility to ensure that you are in possession of the correct visas, permits and certificates for your trip; please refer to the Essential Trip Information for details. We are not responsible and you will have no right of refund if you are refused entry to a country because you lack the correct passport, visa or other travel documentation or are otherwise inadmissible or denied entry.
16. Travel insurance
Travel medical insurance is mandatory for all our travellers and should be taken out at the time of booking. Your travel medical insurance must provide coverage against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of US$200,000 for each of the categories of cover. Your travel medical insurance must also cover the applicable activities you will participate in during your trip, and must cover if your trip takes you higher than 3,000 metres in elevation.
You must provide your travel medical insurance policy number and the insurance company's 24-hour emergency contact number on the first day of your trip; you will not be able to join the trip without these details. If you have travel medical insurance connected to your credit card or bank account please ensure you have details of the participating insurer, the insurance policy number and emergency contact number with you rather than the bank's name and credit card details.
We also strongly recommend you have insurance that covers trip cancellation and interruption , curtailment, personal liability and loss of luggage and personal effects.
You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but 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.
18. Change of itinerary
While we endeavour to operate all trips as described we reserve the right to change the trip itinerary. Please refer to our website before departure for the most recent updates to your itinerary.
Before departure: If we make a major change we will inform you 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. When a major change is made you may choose between accepting the change, obtaining a refund of money paid on the land portion of the trip only or accepting an alternative tour offered.
After departure: We reserve the right to change an itinerary after departure due to local circumstances or events outside of our control. In such emergency circumstances, the additional cost of any necessary itinerary alterations will be covered by you. Please note we are not responsible for any incidental expenses that may be incurred as a result of the change of itineraries such as visas, vaccinations or non-refundable flights.
19. Authority on tour
Our group trips are run by a group leader. The decision of the group leader is final on all matters likely to affect the safety or well-being of any traveller or staff member participating in the trip. If you fail to comply with a decision made by a group leader or interfere with the well-being or mobility of the group, or the group leader determines (in his or her sole discretion) that your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other group members or any third party, or damage to property, or cause a delay or diversion to transportation, the group leader may direct you to leave the trip immediately, and we reserve the right to terminate your booking immediately with no right of refund. You and/or your party may be required to pay for loss and/or damage caused by your actions. We may also elect not to carry you on any future trips booked. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited, and you also agree to travel in accordance with our responsible travel guidelines. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
Tour operators are solely responsible for the operation and quality of all tours and trips, and we expressly disclaim all warranties, express and implied, in connection with your trip, the tour operator, tour guides, accommodation, activities or transport, including, without limitation, the warranties of merchantability, availability, quality, accuracy, security or fitness for a particular purpose (each, a “Warranty”). To the extent a Warranty cannot be excluded, our liability in respect of such Warranty is limited to, and your sole remedy will be (in our sole and absolute discretion): (i) the provision of a similar trip to an equivalent value; or (ii) a refund of the total amount received by us from you in connection with your booking.
21. No Liability of 10Adentures
10Adventures.com Inc. (“10Adventures”) is an affiliate marketer of 10Adventures Tours Inc. only, and you acknowledge that 10Adventures has no liability under these Booking Conditions or in connection in any way whatsoever to the booking of your tour.
22. Exclusion and Limitation of Liability
We are a marketplace that connects users with tour operators around the world. We solely assist tour operators and guests with bookings of tours, and are not responsible or liable for any acts or omissions of tour operators or any other third parties involved in such tours. Tour operators maintain all responsibility and liability with respect to your trip.
To the fullest extent permitted by law, any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive or exemplary damages.
Despite anything in these Booking Conditions to the contrary, in the event we are found liable to you for any losses suffered for any reason whatsoever, our aggregate liability to you shall in no event exceed the sum of CDN$1,000.
You agree to indemnify, defend and hold harmless us, 10Adventures and our affiliates, and each of their respective officers, directors, agents, shareholders, employees and representatives (together, the “Indemnified Parties”), from and against any third party claim, demand, loss, damage, cost, or liability (including all legal fees and expenses) (collectively and individually, “Claims”) incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating to these Booking Conditions, your trip or your booking with a tour operator. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these Claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such Claim upon becoming aware of it.
24. Optional activities
Optional activities not included in the trip price do not form part of the trip or this contract. You accept that any assistance given by your group leader or local representative in arranging optional activities does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider.
25. Claims & complaints
If you have a complaint about your trip please inform your group leader or our local representative at the time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means then any further complaint should be put in writing to us within 30 days of the end of the trip.
In the event that any term or condition contained in these Booking Conditions 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 contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
27. Photos and marketing
You consent to us using images of you taken during the trip for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes.
29. Applicable law
These Booking Conditions and all disputes connected with or related to it, including but not limited to related claims in tort, equity or otherwise, shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of laws principles. Each of the parties irrevocably and unconditionally accepts and submits to the exclusive jurisdiction of the courts of the Province of Alberta and the judicial district of Calgary for all disputes. You waive any objection based on venue or forum non conveniens with respect to any claim arising under these Booking Conditions, whether now existing or hereafter arising and whether in contract, tort, equity or otherwise.
30. Registered address
1206 20 Ave SE
Calgary, AB T2G 1M8
Copyright © 2020 10Adventures Tours Inc. All rights reserved.