Booking Terms & Conditions

All tours are operated by TrekGeorgia LLC (Identificaiton Number – 436042088) (“TrekGeorgia” or the “Tour Operator, or “us”, “we”). By booking or participating in a tour and any related products or services (a “Tour”) with the Tour Operator, you (“you”) agree to these Terms & Conditions (the “Terms”).

Conditions of Carriage:

By booking a Tour you acknowledge that you have read, understand and agree to be bound by these Terms. These Terms, together with our privacy policy and any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with us. If you make a booking 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. Furthermore, you consent to the Tour Operator’s use of your personal data in accordance with our Privacy Policy and you are authorized on behalf of all participants in your party to disclose their personal details to the Tour Operator, including where applicable, special categories of data (such as information on health conditions or disabilities and dietary requirements).

1. THE BOOKING CONTRACT

Your booking is confirmed and a contract exists when the Tour Operator or its disclosed agent issues a written confirmation after receipt of the applicable deposit amount. Please check your confirmation carefully and report any incorrect or incomplete information to the Tour Operator or authorized its disclosed agent immediately. Please ensure that names are exactly as stated in the relevant passport.

You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to the Tour Operator.

2. BOOKING ON BEHALF OF OTHERS

By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your Tour booking, notifying the Tour Operator or your travel agent if any changes or cancellations are required and keeping your party informed.

By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and the Tour Operator will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.

3. REQUIRED MEDICAL INFORMATION

You must provide any medical information reasonably requested by the Tour Operator and may be required to complete the Tour Operator’s medical information form (the “Medical Form”), provided by the Tour Operator.

Medical Forms are mandatory for certain Tours. If you have any pre-existing medical conditions which may impact your ability to travel, participate in a Tour, travel to remote areas without access to medical facilities or may adversely affect the experience of others on your Tour, you must return a Medical Form, signed by a licensed and practicing physician to the Tour Operator prior to or at the time of final payment for the applicable booking.

You agree to complete the Medical Form honestly and to disclose all relevant medical information accurately and fully.

The Tour Operator reserves the right to request further information or professional medical opinions where necessary, as determined in its discretion, for your safety or the safe operation of a Tour.

The Tour Operator reserves the right to deny you permission to travel or participate in any aspect of a Tour at any time and at your own risk and expense where the Tour Operator determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others.

Pregnancy is considered a medical condition and must be disclosed to the Tour Operator at the time of booking. The Tour Operator may refuse to carry women who are over 24 weeks pregnant. The Tour Operator may refuse to carry anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged.

In the event that you do not complete the required Medical Form or provide medical information reasonably required by the Tour Operator for any reason by the deadline indicated above, the Tour Operator reserves the right to cancel your booking and all applicable cancellation fees will apply.

You are responsible for assessing whether a Tour is suitable for you. You should consult your physician to confirm your fitness for travel and participation in any planned activities. You should seek your physician’s advice on vaccinations and medical precautions. The Tour Operator does not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the Tour based on your own unique circumstances, limitations, fitness level and medical requirements.

Travel with the Tour Operator may involve visiting remote or developing regions, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country. The condition of medical facilities in the countries you may visit on your Tour varies and the Tour Operator makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions.

4. SPECIAL REQUIREMENTS

Any special requirements must be disclosed to the Tour Operator at the time of booking. The Tour Operator will use reasonable efforts to accommodate special requirements or requests but this is not always possible given the nature of the destinations visited and availability of options outside a planned itinerary. Certain activities may be inaccessible to you if your mobility is limited in any way. All food allergies and dietary restrictions must be disclosed to the Tour Operator at the time of booking but the Tour Operator cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these Terms or the contract between you and the Tour Operator and the Tour Operator is not liable for any failure to accommodate or fulfill such requests.

5. AGE REQUIREMENTS

Anyone under the age of 18 on the date of first travel is considered to be a minor. Minors must always be accompanied by an adult. One adult may accompany up to two minors. Unless otherwise indicated in the Tour description or by the Tour Operator, the minimum age for minors travelling on any Tour is 12 years old.

All bookings with a minor are subject to review and approval by the Tour Operator. If the consent of a parent, guardian or any other person is required by applicable law for any minor to travel, the accompanying adult is responsible for securing all consents, documentation and ensuring that they and the minor(s) meet all legal requirements to travel, to enter into and depart from applicable countries and regions. The Tour Operator will not be responsible for any fees, damages, or losses incurred as a result of any failure to secure necessary consents, permits, and approvals.

Each adult on a booking with a minor or minor(s) is jointly and severally responsible for the behavior, wellbeing, supervision and monitoring of such minor(s), and jointly and severally accepts these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. The Tour Operator does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s).

6. MANDATORY INSURANCE REQUIREMENTS

YOU MUST HAVE TRAVEL INSURANCE WITH A MINIMUM MEDICAL, EVACUATION AND REPATRIATION COVERAGE OF USD$60,000 covering all applicable dates of travel with the Tour Operator. This insurance must cover personal injury and emergency medical expenses. You are strongly recommended to extend your coverage to include cancellation, curtailment, and all other expenses that may arise as a result of loss, damage, injury, delay or inconvenience while traveling. You acknowledge that insurance coverage is not included in the cost of any Tour offered by the Tour Operator and you are required to obtain separate coverage at an additional cost. It is your responsibility to ensure that you have sufficient coverage and comply with the terms of the applicable insurance plans. You are responsible for advising your insurer of the type of travel, destination(s) and activities included in your booking so that the insurer may provide appropriate coverage.

7. PRICES, SURCHARGES AND TAXES

Tours are priced and advertised inclusive of applicable taxes. Prior to this time, the Tour Operator reserves the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. The Tour Operator also reserves the right to increase the price of confirmed holidays solely to allow for increases which are a direct consequence of changes in:Tours are priced and advertised inclusive of applicable taxes.

(a) The price of the carriage of passengers resulting from the cost of fuel or other power sources;

(b) The level of taxes or fees applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and

(c) The exchange rates relevant to the package.

You will be charged for the amount of any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the price of your confirmed holiday (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if the Tour Operator is able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to the Tour Operator, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice.

Should the price of your holiday go down solely due to the changes mentioned above then any refund due will be paid to you less an administrative fee of GBP£50 or EUR€50, according to the currency of your booking. However please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

There will be no change made to the price of your confirmed holiday within 20 days of your departure nor will refunds be paid during this period.

From time-to-time the Tour Operator may offer reduced pricing on certain products or services. Reduced pricing applies only to new bookings. Bookings where payment of at least a deposit has been received by the Tour Operator or its disclosed agent are not entitled to reduced pricing.

8. VALIDITY

All dates, itineraries and prices of Tours are subject to change at any time and the current price will be quoted and confirmed at the time of booking, subject to any surcharges that may be levied in accordance with these Terms.

You acknowledge that you are responsible for keeping up to date on the specific details of your Tour and any other products or services, including, but not limited to checking the Tour Operator’s website at least 72 hours prior to departure as minor changes may have been made after the time of booking.

9. DEPOSITS

At the time of booking, a non-refundable deposit in the amount specified in the chart below, as applicable, per person per Tour is due to the Tour Operator. If the booking is made 14 days or less prior to departure, full payment is due at the time of booking. The non-refundable deposit should be sent to the Tour Operator or authorized agent, as applicable.

Certain products or services offered by the Tour Operator may require you to make full payment at the time of booking. The Tour Operator will advise you of any such requirements prior to confirmation of the applicable booking.

Lifetime Deposits: If you cancel your booking, and that cancellation is not a result of nonpayment or any other breach of these Terms, the deposit amount will be held as a “Lifetime Deposit” with the Tour Operator, subject to these Terms. Lifetime Deposits have no expiry and may be applied towards payment of a deposit on any other Tour offered by the Tour Operator. The Lifetime Deposit is transferable and may be transferred by you to another individual of your choosing by providing notice to the Tour Operator in writing.

For the avoidance of doubt, only the deposit amount will form part of the Lifetime Deposit. The Lifetime Deposit has no cash value. Only one Lifetime Deposit may be applied per person per product booked. A Lifetime Deposit must be applied to a new Tour booking that is of equal or greater value to the cancelled Tour for which the Lifetime Deposit was originally received, or to a Day Tour, provided that if the price of the Day Tour is less than the amount of the Lifetime Deposit the unused amount of the Lifetime Deposit shall be forefeited. A Lifetime Deposit may not be applied to the same or similar dates of travel.

10. DETAILS REQUIRED FOR BOOKING

As a condition of booking, you must provide the information requested by the Tour Operator along with final payment. If you fail to supply information required by the Tour Operator for air tickets, permits, or other inclusions, you will also be liable for any costs, fees or losses including failure to obtain or provide that inclusion. In the event that you fail to supply information required by the Tour Operator, the Tour Operator also reserves the right to treat your booking (or the relevant component of your booking) as cancelled and levy any cancellation fees deemed reasonable by the Tour Operator, in its sole discretion. The information required by the Tour Operator will vary by Tour and will be communicated to you or to the Tour Operator’s authorized agent during the booking process. The Tour Operator will not be held responsible for any fees you incur as a result of errors, omissions, inaccuracies, late, misplaced or otherwise incomplete information you have provided.

11. FINANCIAL PROTECTION

All money paid by you will be held in a segregated account by the Tour Operator until travel is completed.

12. FLEXIBILITY & UNUSED SERVICES

You acknowledge that the nature of adventure travel requires flexibility and acknowledge that you will permit reasonable alterations to products, services or itineraries by the Tour Operator. The route, schedules, accommodations, activities, amenities and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of the Tour Operator (including but not limited to Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events and entry or border difficulties). No reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of the Tour Operator, including your removal from a Tour because of your negligence or breach of these Terms.

13. ACCEPTANCE OF RISK

You acknowledge that adventure travel and the products and services offered by the Tour Operator may involve a significant amount of risk to your health and safety. By traveling with the Tour Operator you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risks and release the Tour Operator from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in Tour itineraries or otherwise offered by the Tour Operator.

You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with developing infrastructure. Standards of hygiene, accommodation and transport in certain countries where Tours take place are often lower than the standards you may reasonably expect in your home country or region. You agree that the Tour Operator is not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where a Tour, product or service is operated. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.

You are responsible for any costs (including repair, replacement and cleaning fees) incurred by the Tour Operator or the Tour Operator’s suppliers for property damage, destruction or theft caused by you while on a Tour. You agree to immediately report any pre-existing damage to a representative of the Tour Operator and staff of the accommodation, transportation service, or facility as soon as possible upon discovery.

You agree to take all prudent measures in relation to your own safety while on Tour including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither the Tour Operator nor its Third Party Suppliers (as defined herein) are liable for loss or damages caused by your failure to comply with safety instructions or warnings.

You agree to bring any complaints to the Tour Operator as soon as possible in order to provide the Tour Operator with the opportunity to properly address your complaint. You agree to inform your tour leader, another representative of the Tour Operator or the Tour Operator’s customer service department directly. The Tour Operator assumes no liability for complaints that are not properly brought to the attention of the Tour Operator and cannot resolve or attempt to resolve complaints until proper notice is provided. If you fail to notify the Tour Operator of complaints or concerns while on Tour, the Tour Operator will have been deprived of the opportunity to investigate and rectify your complaint immediately and this may affect your rights under these Terms. Any complaint made after the completion of a Tour must be received in writing by the Tour Operator within 30 days of the last day of travel of the booking in question.

14. OUR RESPONSIBILITIES

(1) Tour Operator will accept responsibility for the arrangements the Tour Operator agrees to provide or arrange for you as an “organiser” as set out below and as such, the Tour Operator is responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these Booking Conditions, if the Tour Operator or its suppliers negligently perform or arrange those services and the Tour Operator doesn’t remedy or resolve your complaint within a reasonable period of time, the Tour Operator will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which the Tour Operator or Tour Operator’s employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that the Tour Operator or its supplier(s) have been negligent if you wish to make a claim against the Tour Operator.

(2) The Tour Operator will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

(a) the acts and/or omissions of the person affected; or

(b) the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unavoidable and extraordinary; or

(c) Force Majeure

(3) The Tour Operator limits the amount of compensation it may have to pay you if it is found liable under this clause as follows:

(a) loss of and/or damage to any luggage or personal possessions and money: the maximum amount the Tour Operator will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.

(b) Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount the Tour Operator will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.

(c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel:

(4) It is a condition of the Tour Operator’s acceptance of liability under this clause that you notify any claim to the Tour Operator and our supplier(s) strictly in accordance with the complaints procedure set out in these Terms.

(5) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to the Tour Operator or its insurers any rights they may have to pursue any third party and must provide the Tour Operator and its insurers with all assistance they may reasonably require.

(6) Please note, the Tour Operator cannot accept any liability for any damage, loss or expense or other sum(s) of any description:

a) which on the basis of the information given to the Tour Operator by you concerning your booking prior to the Tour Operator accepting it, the Tour Operator could not have foreseen you would suffer or incur if the Tour Operator breached its contract with you; or

b) relate to any business.

(7) The Tour Operator will not accept responsibility for services or facilities which do not form part of its agreement or where they are not advertised in our brochure or on our website. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.

(8) Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, the Tour Operator shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided the Tour Operator has been notified of these particular needs in advance. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.

COVID-19

We both acknowledge the ongoing COVID-19 global crisis and accept our obligations to comply with any official guidance from governments or local authorities, both at home and in destination countries.

Please note that we will have no liability for any refunds, compensation, costs, expenses or other losses of any kind incurred by you (including, where applicable, the cost of medical treatment), in the following circumstances:
• If you, or anyone in your booking party, test positive for COVID-19 and have to quarantine for a period of time, or are notified or otherwise become aware that you have, or suspect you may have, come into close contact with someone who has tested positive for COVID-19 (or where they otherwise suspect they may have COVID-19) and have to self-isolate for a period of time. If this happens within 14 days of your departure date, you must contact us as you may no longer be able to travel. We will offer you the following options where possible and subject to availability:
• Postponing your holiday to a later date. We will notify you of any impact on the price the postponement may have (please note that you may have to pay full cancellation charges on some elements of your holiday, such as the flight, as well any increase in cost imposed by other suppliers);
• We reserve the right to cancel your holiday, in which case we reserve the right to impose our standard cancellation charges as at the date of cancellation by you. You may be able to claim these costs back from your travel insurance.

If this happens while you are on your holiday, please notify us without delay and we will provide such reasonable assistance as we can in the circumstances. However, we will not be responsible for covering the cost of any curtailment of your Tour, missed transport arrangements, additional accommodation required, or other associated costs incurred by you. You must ensure you have travel insurance which covers these costs for you.

•You fail any tests, checks or other measures imposed by a supplier, airline, port or airport, border control authority or other government body or local authority or fail to submit for testing or assessment when requested to do so, and as such you are denied entry to board the flight, entry to the destination, access to the services or you are otherwise unable to proceed with the holiday, or that portion of the holiday.

You acknowledge that the suppliers providing your Tour, including airlines, hotels and excursion providers, will need to comply with national and/or local guidance and requirements relating to Covid-19, and have implemented certain measures as a result. This will likely include specific requirements regarding personal protective equipment, such as use of face-masks by staff (and you may be required to wear a face-mask as well), social distancing, maximum number restrictions on the use of certain facilities, designated alternative entrance and exit routes, mandatory hand sanitisation, limited entertainment options and limited food/drink availability. We do not expect these measures to have a significant impact on your enjoyment of the holiday and all measures will be taken with the purpose of securing your safety and those around you.

15. FORCE MAJEURE

Except where otherwise expressly stated in these Terms, the Tour Operator will not be liable or pay you compensation if its contractual obligations to you are affected by “unavoidable and extraordinary circumstances” meaning any event beyond the Tour Operator’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, labor difficulties, interference by authorities, political disturbance, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside the Tour Operator’s or the supplier(s) control.

16. IMAGES AND MARKETING

You agree that, while participating in any Tour, images, photos or videos may be taken by other participants, the Tour Operator or its representatives that may contain or feature you. You consent to any such pictures being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to the Tour Operator, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.

25. PRIVACY POLICY

The Tour Operator must collect your personal information to deliver the Tour and any products or services booked. The Tour Operator collects, uses and discloses only that information reasonably required to enable the Tour Operator and its Third Party Suppliers to provide the particular Tour, products and/or services that you have requested as described in the Tour Operator’s Privacy Policy. By submitting any personal information to the Tour Operator, you indicate your acceptance of the Tour Operator’s Privacy Policy.

17. CONTRACT PARTIES & SUCCESSORS

These Terms will inure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors and assigns.