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UPDATED: January 12, 2022
These booking conditions apply to all bookings created or submitted between August 3, 2021 and March 31, 2022.
Please take the time to read and understand the conditions of booking set out below prior to booking a trip with Out Adventures. We strongly recommend that you also read the Important Information relating to your trip prior to booking to ensure that you understand the itinerary and style of the trip you are undertaking.
All bookings are made with Out Adventures Incorporated (us/we). By booking a trip with us you have agreed to be bound by the terms and conditions set out in: these Booking Conditions; Important Trip Information that applies to your trip; and any Special Conditions that may apply (which constitutes the entire agreement between you and us). Your booking will be accepted by us on this basis. The services to be provided are those referred to on your booking invoice.
Dates and itineraries are valid until December 31, 2023. Beyond December 31, 2023 dates and itineraries are indicative only.
If you book a trip with us on behalf of other participants, you guarantee that you have the authority to accept, and do accept these Terms on behalf of the other participants in your party, and that you have obtained all required consents to do so.
By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. You are responsible for all required payments due in connection with your booking, and for notifying us if any changes or cancellations are required. You are also required to keep other guests on your booking informed of any requirements of the trip, and to provide them with information provided by us about the trip.
You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and we will under no circumstances be liable for any errors or omissions in the information provided by you to complete a booking.
You are required to pay a non-refundable deposit of USD $500 per person for your scheduled tour, or 50% of your total trip cost for your custom or tailor-made itinerary, as outlined on your booking invoice. Please note that special deposit requirements apply for some trips. If your booking is made after the date of final payment indicated on your booking invoice, the full amount is payable at the time of booking.
Acceptance of your booking will be confirmed by us in writing. Please refer to your booking invoice for details regarding final payments, as some trips may have a different final payment schedule. Payment of the balance of the trip price is due 60 days before the departure date, unless otherwise stated. If this balance is not paid on or before the due date we reserve the right to treat your booking as cancelled and any cancellation charges outlined at clause 7 (Cancellation by You) will apply.
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. We reserve the right to impose surcharges up to 21 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. Please note that a surcharge may be applied to a purchase made by credit card. Any reduced pricing or discounts that may become available after you have paid your deposit will not apply. For any bookings or additional services accepted within 30 days of departure, we reserve the right to charge up to USD $125 as a late fee to cover our additional administration costs.
If you cancel some or all portions of your booking the cancellation terms set out below will apply. A cancellation will only be effective when we receive written confirmation by email at email@example.com.
Any credit resulting from a cancellation under this clause 7 (Cancellation by You) does not have an expiry date and may be applied towards any other available trip offered by us. This credit is not transferable or redeemable for cash. This credit excludes flights as they will have their own booking conditions.
Different fees may apply to some trips, cruises, airline tickets, or for custom and tailor-made itineraries, as set out in any Special Conditions and/or the Important Trip Information relating to your trip. You are strongly advised to take out cancellation insurance which includes “cancel for any reason” or “change of mind” coverage if such coverage is available in your area. If you leave a trip for any reason after it has commenced we are not obliged to make 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. 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.
Our trips are confirmed to depart once they have met the minimum group size specified on the tour page on our website, and the Trip Confirmation email has been sent. In the event that we cancel your trip, you can transfer amounts paid to an alternate departure date or receive a refund, less unrecoverable costs, unless your trip is cancelled due to a Force Majeure Event as defined below in this clause 8.
Cancellation due to Force Majeure
If a trip is cancelled due to a Force Majeure Event, we can offer you a choice of:
(a) a 100% credit of monies paid for your trip minus unrecoverable costs; or
(b) a refund minus unrecoverable costs.
If the cancellation due to a Force Majeure Event occurs after a trip has commenced, we can offer you a choice of a pro-rata:
(a) 100% credit for the days that remain on your trip minus unrecoverable costs; or
(b) a refund minus unrecoverable costs of the days that remain on your trip.
Any credit resulting from a cancellation under this clause 8 (Cancellation by Us):
A “Force Majeure Event” includes but is not limited to: acts of God; war; civil commotion; riot; blockade or embargo; fire; explosion; breakdown; union dispute; earthquake; epidemic, pandemic or other health emergency; flood; windstorm or other extreme weather event; lack or failure of courses of supply; passage of any law, order, proclamation, regulation, ordinance, demand, requisition or requirement or any other act of any government authority, beyond the reasonable control of the parties, whether or not foreseeable, which would make it dangerous or not viable for a trip to commence or continue.
In the event of any cancellation, there will be no claim for damages by either party against the other and 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 insurance excess or non-refundable flights.
Unrecoverable costs consist of, but are not limited to, credit card fees or non refundable deposits paid on your behalf for services related to your booking.
Transfers to a third party or an alternative trip are only permitted when operationally possible and, in the case of transferring to a third party, where the transferee meets all the requirements in relation to the trip. Certain fees may apply. Prices are set yearly as defined in clause 5 above.
No amendments are permitted to your booking within 30 days of departure.
The land price of your trip includes: all accommodation as listed in the itinerary; all transport listed in the itinerary; sightseeing and meals as listed in the itinerary; the services of a group leader as described in the itinerary.
The land price of your trip does not include: flights unless specified; airport transfers unless specified, taxes and excess baggage charges unless specified; meals other than those specified in the itinerary; visa and passport fees; travel insurance unless specified; optional activities and sightseeing and all personal expenses.
Minimum General Policy: The minimum age to join any scheduled group departures is 21 years old. Maximum General Policy: For the majority of our trips we have no upper age limit though we remind you that our trips can be physically demanding. If you have been hospitalized within one year of booking, we will require an assessment form signed by your attending physician. If you are 70 years of age or over, we will also require you to complete and forward a Self-Assessment form, and further requirements such as a doctor’s note may be required prior to your participation in the trip you have booked. Your booking cannot be confirmed without provision of these details. We are able to provide details on mandatory health requirements; however, 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.
Due to the nature of some of our trips, in addition to these Booking Conditions, you may be required to sign and submit a separate waiver, different terms and/or a release form to a third-party supplier who is helping to run your trip. To the extent there are any inconsistencies between the terms of these Booking Conditions and the supplemental waiver, the terms of these Booking Conditions shall prevail and supersede any supplemental waiver. We reserve the right to deny participation to You if you have not signed a waiver.
It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region you visit on your trip. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies. Your passport must be valid 6 months after the last date of travel as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the trips, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by us that is a direct result of your failure to secure or be in possession of proper travel documentation.
Travel insurance is compulsory for all Out Adventures travellers and should be taken out at the time of booking. At a minimum your travel insurance must provide cover against personal accident, death, medical expenses, emergency repatriation and personal liability, with a minimum coverage of US$50,000 in medical coverage and US$200,000 in emergency repatriation. We also strongly recommend it cover cancellation, cancel for any reason/change of mind if available in your area, curtailment and loss of luggage and personal effects. You must provide your travel insurance policy number and the insurance company’s 24-hour emergency contact number prior to your date of departure; you will not be able to join the trip without these details. If you have travel insurance connected to your credit card, bank account, or other medical plan, you will be required to provide a written document that includes the participating insurer, the insurance policy number, an emergency contact number, and confirmation that our minimum requirements have been met. Out Adventures cannot advise on or sell travel insurance due to complex regulatory requirements. Any insurance purchase decisions are yours, and yours alone and we do not recommend nor endorse any specific services of any provider. It is your responsibility to contact your travel insurance provider to confirm their policy covers the activities you will be undertaking as part of your itinerary, and that you understand any impacts of Covid-19 and related government travel advisories on your coverage.
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.
While we endeavour to operate all trips as described we reserve the right to change the trip itinerary. Please refer to your final trip documents delivered by email 3 weeks 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 full refund of all monies paid, minus unrecoverable costs, 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 a Force Majeure Event. 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 any change in itineraries including but not limited to visas, vaccinations or non-refundable or non-changeable flights.
Our scheduled group trips are run by an Out Adventures group leader and/or host. The decision of the group leader or host 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 host, or interfere with the well-being or mobility of the group, the group leader or host may direct you to leave the trip immediately, with no right of refund. 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.
You acknowledge that the nature of the trip may be adventurous and participation involves a degree of personal risk. You may be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives.
You acknowledge that you are choosing to travel at a time where you may be exposed to the COVID-19 virus. We will take all reasonable steps to ensure your safety and may require you to follow additional safety protocols on your trip.
We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However, it is also your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks 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. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.
If applicable, you acknowledge and accept the risks associated with sharing a room with another solo traveller when opting out of a single supplement. You understand that you will be sharing living quarters and facilities with another solo traveller, and that we can not guarantee the outcome as it relates to compatibility and health issues known and not known by Out Adventures such as snoring. If a conflict or health issue arises while a tour is in progress, Out Adventures holds no liability or financial obligation to resolve the conflict, however the authority on tour will offer suitable and reasonable solutions at the expense of the travellers.
Out Adventures is committed to a hate-free environment for all guests and staff, and does not tolerate harassment of any kind, including racism, transphobia and homophobia. It is at the sole discretion of Out Adventures to refuse services to any guest if it is reasonably proven that the guest has engaged in racism, transphobia, homophobia or discrimination of any kind while on tour, including physical violence or verbal harassment of other guests, employees, or suppliers on an Out Adventures tour. In the event a guest is removed from a tour due to racism, transphobia, homophobia or discrimination, Out Adventures and its representatives will not be required to refund any portion of the price paid by the removed guest under the terms of this paragraph, nor shall Out Adventures be responsible for expenses of any kind incurred by the passenger following the removal.
Our services which include our trips (“Services”) may come with guarantees that cannot be excluded under Australian Consumer Law.
20.1 To the maximum extent permitted by law we exclude all liability whatsoever to you or any other person (whether in contract tort or otherwise) for any loss (whether direct, indirect, consequential) including death or personal injury or damage of any kind that may be suffered as a result of any act or omission whether negligent or otherwise by or on behalf of us in connection with the Services or any other matter or thing relating to these Booking Conditions except to the extent that such loss or damage is incurred as a direct result of our fraud or wilful misconduct.
20.2 (Limitation of Liability) Where the law implies a warranty into these Booking Conditions which may not lawfully be excluded our liability for breach of such a warranty will be limited to either supplying the Services again or payment of the cost of having the services supplied again.
20.3 (Indemnity) You indemnify us (and all of our subsidiaries, officers, employees, contractors and agents) against all losses, claims actions, proceedings, damages, costs and expenses (including legal fees) arising from any claim by a third party arising directly or indirectly out of or in connection with:
(a) your access or use of the Services, this includes your delegate’s access or use of the Services; and
(b) any breach by you (or your delegate) of:
(i) these Booking Conditions; or
(ii) any additional terms applicable to providing the Services,
except to the extent that such loss or damage as a direct result of our fraud or wilful misconduct.
20.4 (Third parties) We contract with a network of companies, activity providers, accommodation providers, airlines, coach and transfer companies, tour and local guides, government agencies, independent contractors and individuals to assist in the running of our trips as agent for these third parties (Third Party Supplier). Third Party Suppliers may also engage the services of local operators and sub-contractors. Although we take all reasonable steps to select reputable Third Party Suppliers, we cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers may be subject to the terms and conditions imposed by these Third Party Suppliers and you may be required to sign additional terms as set out in clause 13. These may limit or exclude the liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and we do not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.
We are not responsible for the acts and omissions, whether negligent or otherwise, of these Third Parties Suppliers. Any disputes between you and any third party, are to be resolved solely between you and that party.
20.5 (Vicarious liability) We shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by us nor for any intentional or negligent acts of our employees committed while off duty or outside the course and scope of their employment.
Optional activities not included in the trip price do not form part of the trip or this contract. You accept that any assistance, recommendations or advice given by your group leader or local representative in arranging optional activities (including before or after a trip) 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.
Although we have made a concerted attempt to verify the accuracy of statements made in our trip documentation and on our website, we can not be held responsible for any error, omission or unintentional misrepresentation that may occur.
If you have a complaint about your trip please inform your group leader or our local representative at that time in order for them to 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.
You consent to us using videos and 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 license to use such images for publicity and promotional purposes. If you do not consent to videos and images of you being used for promotional purposes, you must notify your host/group leader on tour on day 1, and it is your responsibility to avoid any group videos and images taken by that host/group leader.
All money received as payment for your holidays is immediately deposited into a Clients’ Trust Account. The Out Adventures Client Trust Account, held in Toronto, Ontario, Canada is bound by TICO (Travel Industry Council of Ontario) regulation and independently reviewed. Your money remains there until the month of departure, minus deposits paid on your behalf.
The laws of Ontario, Canada govern these Booking Conditions to the fullest extent allowable. Any disputes in connection with a trip or these Booking Conditions must be initiated in the courts of Ontario, Canada. Nothing in these Booking Conditions, including this clause 24, affects your rights as a consumer to rely on any applicable local laws.
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