General Terms and Conditions – please ensure you read and understand these terms and conditions at the time of booking
These Terms and Conditions govern the relationship between you and Paraty Explorer. 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 Paraty Explorer, ‘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 30% of tour cost 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 40 days before the departure date. If a booking is made 40 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: loss of full deposit
Cancellation 30-59 days before departure: 50% of tour cost
Cancellation less than 30 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 unviable for the Company to operate our planned schedule. 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 unfavourable changes in exchange rates, increases in air fares or other 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.
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.
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 endeavour 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 60 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 60 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.
It is mandatory that all Clients obtain travel insurance with a minimum coverage of US$75,000 while travelling 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 OMMISSIONS
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.