terms and conditions
Thank you for booking and/or travelling on a Escapitos trip with Green Travel Trends, LLC (“Escapitos”). These Terms and Conditions apply to any travel products and/or services you have booked with or purchased from Escapitos, and govern the contractual relationship between you and Escapitos with respect to any such travel products and/or services (hereinafter, the “Products”). All “Products” advertised and sold as ‘escapes’, including hosted, self guided, and custom shall be defined as “trips” for the purposes of these terms and conditions.
Please read these Terms carefully as by booking any Product with Escapitos, or by travelling on a Escapitos trip or Product you acknowledge that you: i) have read and understand these Terms, and ii) indicate your express acceptance of and agree to be bound by these Terms. If you have confirmed a booking on any Products with more than one client name and booked on such booking, you shall be deemed to have accepted these Terms and Conditions (the “Terms”) on behalf of all clients named in the booking (including minors and those under a disability) and travelling on or otherwise participating in any Products (hereinafter “you”, the “Client(s)”), and by such travel or participation all passengers indicate their assent to these Terms. The client who confirmed the booking is deemed to be the designated contact person for all other clients named in such booking. These Terms constitute the entire agreement between the Client and Escapitos with respect to the subject matter thereof and supersedes all prior agreements, representations and understandings of the parties, written or oral.
1. THE BOOKING CONTRACT
A booking is confirmed and these Terms shall apply when Escapitos, or an authorized agent acting on Escapitos’ behalf, have received the applicable deposit from the Client and the Client has received written confirmation from Escapitos of such booking. The Client confirming the booking must be no less than 18 years of age and agrees to provide full, complete and accurate information as requested by Escapitos to confirm such booking. Any Client confirming a booking on any Products with more than one Client named and booked on such booking represents and warrants to Escapitos that: i) they have all requisite consents and authority to make such booking on behalf of all other Clients named on the booking, and have communicated all necessary information to the other Clients in order for them to give free and fully informed authorization to do so; ii) the information that they are providing regarding all clients is complete and accurate, and they have obtained all necessary consents and permissions to share such information with Escapitos for the purposes of completing the booking; and iii) they will inform all other named Clients on the relevant booking of the applicability of these Terms to the booking and the Clients’ relationship with Escapitos.
At any time before a booking is confirmed, Escapitos reserves the right to increase or decrease brochure prices of any Products. Escapitos or their agents reserve the right to decline any booking, in their sole discretion.
2. MEDICAL FORM
3. MEDICAL CONDITIONS AND SPECIAL REQUIREMENTS
All Clients should consult their physician regarding their fitness for travel, and adventure travel in particular. Escapitos encourages all Clients to seek their physician’s advice regarding necessary or advisable vaccinations, medical precautions, or other medical concerns regarding the entirety of the Client’s travel with Escapitos. Escapitos does not provide medical advice. In addition to the obligation to review, and if applicable, complete the Medical Form described above, Clients must notify Escapitos in writing prior to the due date of their final payment for their booking of any medical conditions, pregnancy, disability or any other mental and or physical condition which may impact the Client’s fitness to travel, and/or any continuing medical condition. Full disclosure of such information is a condition of traveling on any Product or in any capacity with Escapitos. Certain Products may not be suitable for all people due to restrictions posed by limitations in mobility, physical or cognitive disability, pregnancy or various other physical or mental conditions. It is the Client’s responsibility to assess the risks and requirements of each Product in light of such Client’s limitations, physical and mental fitness and condition, and any medical requirements or issues of such Client. Escapitos may refuse to carry pregnant women over 24 weeks or Clients with certain conditions, if suitable accommodation or alternate Products or services can not be arranged. Adventure travel, as offered by Escapitos, by its nature involves visiting remote or less developed regions, where medical facilities may not meet the standards of those found in a Client’s home country. The condition of medical facilities in the countries in which Escapitos operates varies and Escapitos makes no representations and gives no warranties in relation to the standard of such facilities or medical treatment in those regions. Escapitos will endeavour to accommodate the special requests of Clients , such as dietary and accommodation requests, but such requests do not form part of these Terms or the contract between Client and Escapitos and Escapitos is not liable for any failure to accommodate or fulfill such requests.
Traveling with Children: Clients aged 18 at date of first travel are deemed to be adults. On all Escapitos hosted trips an adult Client over the age of 18 must accompany every 2 Minor Clients (defined as Clients under the age of 18), except in the case of high school trips. The ratio of adult Clients to Minor Clients traveling together on high school trips must be one adult Client to every five students / Minor Clients. Unless otherwise indicated in the trip description, or otherwise by Escapitos, the minimum age for Clients travelling on hosted trips is 15 years. All Minor Client bookings are subject to review and approval by Escapitos. Escapitos reserves the right to restrict the number of Minor Clients on any given Product where it deems necessary. If the adult accompanying a Minor Client is not the Minor Client’s custodial parent or legal guardian, then a "Parental Consent Guardianship Form" must be signed (along with other documents provided as requested by Escapitos) by the Minor Client’s parent or legal guardian and must be received by Escapitos along with or prior to the final payment made in respect of the Minor Client’s booking.
Family Trip Requirements: In order to book any Products designated on Escapitos website, in relevant brochures, or otherwise indicated by Escapitos to be a “Family Trip” or “Family Booking”, Clients must be travelling as part of a “Family Unit”. For the purposes of this section, a “Family Unit” shall consist of a group of two or more Clients, travelling and booking together, where at least one such Client is a child in the care of at least one of the accompanying adults. One child may accompany one or more adults for the purposes of being considered a “Family Unit”. If the consent of a parent or any other person is required by applicable law, judgment, or decree for such child to travel, the accompanying adult Client is responsible for securing all such proper consent and ensuring that they and the Minor Client meet all legal requirements to travel on the applicable Family Trip and to enter into and depart from applicable countries and regions. Escapitos will not be responsible for any fees, damages, or losses incurred as a result of any failure on the part of a Client to secure such necessary consents, permits, and approvals. Escapitos reserves the right to cancel the booking of any Clients travelling or purporting to travel on a Family trip who, in its sole discretion, do not properly constitute a Family Unit in accordance with this section or otherwise do not meet Escapitos’ requirements of participation in a Family Trip.
At time of booking any Product a designated Deposit per person per trip is due from the Client to Escapitos. Deposit cost is pre determined for all hosted and self guided trips and may vary based on destination, time of travel, number of travelers and administrative services required. Payments designated as a reservation "Deposit" regardless of value is included in the terms of this agreement. This deposit is refundable up to 60 days prior to the Product departure or start date. Deposits are credited toward the final cost of the Product (as advertised at the time of booking) so long as the entire balance is paid 60 days prior to departure. Deposits are used to cover administrative costs for booking and fees incurred for cancellations and are therefore non-refundable within 60 days of Product departure date. If the booking is made 60 days or less prior to departure, full payment is due at the time of booking. The refundable deposit and signed Medical Form, if applicable, should be sent to Escapitos.
5. FINAL PAYMENT SCHEDULE/ACCEPTANCE OF BOOKING/CLIENT DETAILS
(a) Final Payment: Clients should refer to the confirmation invoice sent by Escapitos and/or their applicable confirmation email for details regarding final payment for any Products booked. Payment of the balance of the price for any Product is due 60 days before the departure date of the first Product to depart (of the Products included in such booking). If full payment is not received by such due date, Escapitos may change the rate payable for the Product, or may treat the booking of such Product as cancelled and shall retain the deposit paid on booking as a cancellation fee, at Escapitos’ sole discretion. If a Product is booked less than 60 days before the departure date of the first Product to depart (of the Products included in such booking) then the full amount is payable at the time of booking in order for the booking to be confirmed. If, for any Product, payment terms differ from those outlined in this section, the applicable terms will be communicated to the Client prior to booking and shall also be detailed on the applicable invoice.
(b) Client Details: As a condition to valid confirmation of any booking with Escapitos (including all Products and Expedition Trips) the Client must provide all necessary information as requested by Escapitos along with their final payment. If the Client fails to provide such information prior to 60 days before the departure of the purchased Product, an Administrative Fee will be charged to the Client, and Escapitos reserves the right to treat such booking as cancelled and levy any cancellation fees deemed reasonable by Escapitos, in its sole discretion. The information required from each Client will vary by Product purchased, and the requirements will be communicated to the Clients, or to Escapitos’ authorized agent, during the booking process.
(c) Credit Card Charges: Escapitos is not responsible for any charges levied or charged by third parties and/or financial institutions and payable by the Client as a result of credit card or other payment transactions in connection with the purchase of Products and will not refund or return any fees charged by such third parties in connection with payments made by Clients to Escapitos.
6. CANCELLATION BY THE CLIENT
Any cancellation of a booking and/or a Product by a Client must be delivered to Escapitos in writing and be acknowledged by Escapitos in writing. The applicable cancellation fees shall be determined with reference to the date on which the request to cancel is received by Escapitos or its Agents and are expressed hereinafter as a percentage of the total price paid for the cancelled Product.
Cancellation for Hosted, Self Guided, Hotel Bookings and Custom Trip Products
i) Cancellation received 60 days or more before departure of first Product to depart in relevant booking: Deposit shall be refunded and remainder of the payments made by the Client to Escapitos in respect of the cancelled Product shall be refunded to the Client.
ii) Cancellation received 59-45 days before departure of first Product to depart in the relevant booking: Deposit shall be retained in full by Escapitos for payment of administrative services and remainder of the payments made by the Client to Escapitos in respect of the cancelled Product shall be refunded to the Client.
iii) Cancellation received 44-30 days before departure of first Product to depart in relevant booking: Deposit shall be retained in full by Escapitos for payment of administrative services and an amount equal to 50% of the remainder of the payments made by the Client to Escapitos in respect of the cancelled Product shall be refunded to the Client.
iv) Cancellation less than 29-15 days before departure of first Product to depart in relevant booking: Deposit shall be retained in full by Escapitos for payment of administrative services and an amount equal to 25% of the remainder of the payments made by the Client to Escapitos in respect of the cancelled Product shall be refunded to the Client.
v) Cancellation less than 15 days prior to departure of first Product to depart in relevant booking: no further refund shall be payable to the Client.
7. CANCELLATION OF A TRIP BY ESCAPITOS
Escapitos will not cancel a booking on any trip Product once confirmed, with the exception of Hosted Trips which require a minimum of 4 passengers to operate, in accordance with these Terms, except for reasons of ‘Force Majeure’, which shall be defined as unusual or unforeseen circumstances outside of the reasonable control of Escapitos . When a trip is cancelled by Escapitos before the agreed date of departure for reasons not arising from the fault or negligence of or within the reasonable control of the Client, the Client shall have the choice of:
(i) accepting from Escapitos a substitute trip Product of equivalent or superior value, where such substitute is reasonably available; or
(ii) accepting from Escapitos a substitute trip of lower value if no trip of equivalent or superior value is reasonably available, and to recover from Escapitos the difference in price between the price of the trip originally purchased and that of the substitute trip; or
(iii) accept from Escapitos a full refund of all monies paid for the cancelled trip Product(s).
Escapitos is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the cancelled booking such as visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. Escapitos reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where after departure a significant element of the Product(s) as described cannot be provided, Escapitos will make suitable alternative arrangements for the continuation of the trip Product(s). If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, Escapitos will provide the Client a refund of unused Products or Product portions.
8. UNUSED SERVICES
Neither Escapitos nor its authorized agents shall offer or pay any discounts or refunds for missed or unused services which were missed or unused by the Client due to no fault of Escapitos, its agents, or representatives, which shall include any termination of the Client’s participation in the trip Product due to the Client’s own fault, negligence or breach of these Terms.
9. PRICES, SURCHARGES AND TAXES
Due to the nature of travel and the prices of the resources on which it depends, the published price of any Product is subject to change at any time, before or after booking confirmation, up to 30 days before the departure of such Product. After a Confirmation Invoice has been issued by Escapitos to the Client, Escapitos reserves the right to impose surcharges on any Product(s), but only for reasons arising from increases in transportation costs, fuel costs, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airport charges, local operator costs, currency and exchange fluctuations, increases in taxes, or government action which impacts the price of the applicable Product(s), but only where the increase in question is greater than 2% of the original price paid for the Product (excluding add-ons, insurance, and taxes).. Escapitos shall provide notice to the affected Client as soon as reasonably possible upon learning of the necessity to impose a surcharge in accordance with this section.
Where the increase in price is greater than 7% of the price of the applicable Product, upon receiving notification from Escapitos the affected Client(s) may elect to either:
(i) cancel the applicable Product booking without incurring any penalty; or
(ii) accept the change of price.
The Client must notify Escapitos of their election within 14 days of receipt of notice of the increase, or they shall have been deemed to have accepted the price change and have accepted liability for payment of the increase.
Trips are priced and advertised exclusive of applicable sales taxes and such taxes will be advised to Client by at time of booking and itemized on subsequent invoicing.
The prices of Products advertised in Escapitos’ brochures and on the Escapitos website are based on costs in effect at time of printing the brochure or posting to the website. Escapitos reserves the right to alter prices of any Product at any time prior to receipt of payment in full for such Product.,. All dates, itineraries and prices are indicative only and the price quoted at the time of Booking shall be the applicable price, subject to the surcharges that may be levied in accordance with Section 12, above. Changes, revisions, or other amendments may be made to the particulars contained in any Escapitos brochure or on the Escapitos website before a contract is concluded, and such changes, revisions or amendments shall be incorporated herein as of the date of such amendment.
The Client acknowledges by booking a Product and/or agreeing to travel with Escapitos that the nature of this type of travel requires considerable flexibility and acknowledges that they will permit reasonable alterations to the Product and/or itinerary by Escapitos. The Client acknowledges their understanding that the route, schedules, itineraries, amenities and mode of transport may be subject to change without prior notice due to circumstances or events, which may include sickness or mechanical breakdown, incidents in the location where the Product will be operated, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances which are beyond the reasonable control of Escapitos.
(a) Changes made by Escapitos: While Escapitos will endeavor to operate all Products as advertised, reasonable changes in the itinerary of any Product may be made where deemed necessary or advisable for operational reasons by Escapitos, in its’ sole discretion. If Escapitos makes a Material Change (defined as a change affecting at least one in three full days of the itinerary, or which materially affects the character of the Product in its entirety) to any Product, Escapitos will inform the Client(s) booked on such Product of any Material Change as soon as reasonably possible, provided that there is sufficient time before departure to properly notify all affected Clients. If a Material Change is made more than 14 days prior to departure, the affected Client may elect to:
i) accept the Material Change and proceeding with the amended Product;
ii) book another Product of equivalent or greater value, if available (Client shall be responsible for paying any difference in price between the amended Product and the Product booked in its place);
iii) book another Product of a lower value, if available, with a refund payable to the Client of the difference in price; or
iv) cancel and receive a full refund of all monies paid in respect of the land-only portion of the applicable Product (and for clarity, this shall not extend to additional Products booked by the same Client which are not subject to any Material Change).
The affected Client must notify Escapitos of their decision in writing or via their travel agent within 7 days of receiving the notification of alteration, or they shall have been deemed to accept the Material Change and deemed to have agreed to the amended Product itinerary.
If any Material Change arises from reasons of Force Majeure, as hereinafter defined, the Client shall be entitled to recover only the costs of the Product recoverable by Escapitos.
Once a Product Trip has departed, changes to such Product’s itinerary may be necessary or advisable as a result of unforeseen circumstances or other reasons related to effective Product operation, health, safety, Client enjoyment, or Client comfort. Any such changes are at the discretion of the Escapitos Trip host or leader and any indirect costs incurred as a result will be the responsibility of the Client. The Client acknowledges that they must have reasonable financial resources to cover incidental expenses on every Product on which they travel, whether or not they arise from a change in the itinerary or from the travel itself, and that Escapitos shall not be liable for any Client’s failure to prepare adequately for their travel and unforeseen circumstances which may arise during such travel.
Escapitos will not be liable for any indirect and or consequential losses associated with any changes to a Product’s itinerary.
(b) Changes made by the Client: Client may contact Escapitos directly by telephone, or their booking agent, to correct any errors in Client’s personal information recorded on their booking. Client is responsible for ensuring that information provided to Escapitos in making their booking is accurate, up-to-date, and correct. A transfer from one Product trip to another may only be made 60 days or more prior to departure of the applicable Product, (and more than 90 days prior to departure for Hosted Trips) and such transfer must be approved by Escapitos. If such a request is accepted by Escapitos, Escapitos reserves the right to charge up to the deposit amount of the first booked trip. Any request to transfer received less than 60 days, (90 days for Hosted Trips) before departure will not be accepted. In this case the Client must cancel the Product booking in accordance with the cancellation terms herein and create a new booking for any other Products. The Client may only transfer a booking to a departure date in the same calendar year and may not transfer a booking to future calendar years. Any changes to the travelling Client’s name on any Product booking are subject to Escapitos’ approval and applicable Administrative Fees may apply, which will be payable by the Client.
(c) Other Changes: Any changes to a file will depend on availability and will be on a request basis and subject to Escapitos’ approval. Any extra costs incurred for making the change will be charged to the Client along with an Administrative Fee. No changes are permitted to any booking within 10 days of departure of the first Product to depart under the applicable booking.
Product trip prices do not include international airfare or any other flights unless expressly mentioned in the inclusions.
(a) Quotes: All quotes are in US dollars, unless otherwise stated. Escapitos will quote the best price available at the time of quoting for the travel dates requested. Quotes provide an indicative price only, and represent no price commitment by Escapitos.
(b) Options: The Client may hold an option on a flight with Escapitos. This option guarantees the seat at the quoted price for the same business day. After close of business that day (5pm EST, Monday to Friday) if the option is not confirmed, the option is deemed to have expired and is no longer valid.
(c) Price changes: Until tickets are issued, Escapitos reserves the right to change prices in the event of any price increase for any reason including, but not limited to, airfares wrongfully quoted due to system error, the price of fuel and/or currency fluctuations or government taxes or levies, or any other cause whatsoever.
(d) Full payment: Full payment must be received by Escapitos before the option period described in (b), above, expires to guarantee the reservation at quoted price and secure applicable tickets. By making full payment, the Client agrees that they accept the air travel arrangements as requested at the total price quoted. Cancellation fees will apply if the Client subsequently decides to cancel after any ticket has been issued.
(e) Changes & cancellations: Unless otherwise stated, airline tickets are 100% non-changeable & non-refundable once tickets have been issued. Changes made prior to ticket issuance may be applied at Escapitos’ sole discretion, and will also be subject to administrative fees, as applicable, to be payable by the Client.
(f) Flight reconfirmation: Client is responsible for confirming flight times, numbers, and details at all times to ensure a timely departure. Escapitos is not responsible for any change to airline schedules or flight numbers after tickets have been issued. Clients may contact appropriate airline or airport information sources in order to obtain relevant up to date flight information.
(g) Airline tickets: Once issued, all airline tickets are non-transferable and valid only for the dates and routings shown. If an airline ticket is lost, the client is responsible for the full cost of a new ticket and any changes that may occur in replacement.
(h) Airline, airport or weather delays: Escapitos is not responsible for any additional expenses or loss that may arise from airline, airport or weather delays. Escapitos will not reimburse for any additional expenses incurred by the Client as a result of such events or delays. Escapitos will not refund any unused portion of air tickets purchased in the event of such delays or due to any reasons beyond its direct control.
14. AUTHORITY ON TRIP & CLIENT RESPONSIBILITY
At all times the decision of Escapitos’ Trip Host / Leader or other designated representative will be final on all matters regarding safety and well being of Clients and operational requirements of the Product trip. By travelling with Escapitos, the Client agrees to abide by the authority of the Trip Host / Leader or designated representative. The Client must at all times strictly comply with all applicable laws and regulations of all countries and regions visited on the applicable Product trip. If the Client is affected by any condition, medical or otherwise, that might affect Client’s ability to travel or participate in adventure travel activities, Client’s enjoyment of the Product trip being booked, the ability to travel or enjoyment of any other Clients on the Product trip, or the treatment to be administered to the Client in any emergency situation, the Client must advise Escapitos at the time of booking and complete a medical form provided by Escapitos, along with any other documents reasonably requested by Escapitos to ensure the health and safety of all Clients who travel with Escapitos.
Should the Client fail to comply with the above or commit any illegal act when on the trip or, if in the opinion of the Trip Host / Leader (in his/her and/or Escapitos’ sole discretion), the Client’s behavior is causing or is likely to cause danger, distress or material annoyance to others, Escapitos may terminate that Client’s travel arrangements on any Product immediately without any liability on Escapitos’ part and the Client will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements, including, without limitation, return travel, accommodations, meals, and/or incidentals.
Clients agree that they are responsible for any costs incurred by Escapitos, Escapitos’ suppliers or Escapitos’ partners, as a result of damage, destruction, theft, or excess cleaning fees related to Client’s accommodation, transport, or other use of facilities while on trip. Clients agree to immediately report any pre-existing damage of this kind to staff of the accommodation, transportation service, or facility (as appropriate) and/or a Escapitos’ representative as soon as possible upon discovery by the Client.
Client agrees to take all prudent measures in relation to their own safety while on any Escapitos trip, including, but not limited to, the proper use of safety devices such as seatbelts, harnesses, and helmets, and obeying all posted signs and warnings in relation to Client health and safety. Escapitos shall not be liable for any failure on the Client’s part to comply with this paragraph.
15. GUARANTEED DEPARTURES
Escapitos guarantees all scheduled Product trip departures displayed on their website (www.escapitos.com) shall depart as scheduled (subject to reasonably itinerary changes as contemplated elsewhere in these Terms). Brochures, and other printed materials displaying trip information and departure dates are subject to change, and such dates are excluded from this guarantee. A departure shall become guaranteed once at least four Clients have a confirmed booking upon it (secured, at minimum, via valid payment of a Deposit). This guarantee is not applicable in Force Majeure situations, as herein defined.
16. TRAVEL DOCUMENTS
(a) Valid Passport: The Client is entirely responsible for securing and must be in possession at all times while on a Product trip of a valid passport required for entry, departure and travel to each country or region visited or traveled through throughout the itinerary of the applicable Product trip, and for re-entry to the Client’s country of residence or departure (passport must be valid 6 months past the last date of travel with Escapitos), as well as all visas, permits and certificates including vaccination certificates, insurance policies, required for entry into all regions and participation in all parts of the Product trip itinerary. The Client accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the Product trip, and is solely responsible for any adverse consequences resulting from missing or defective documentation. Client agrees that they are responsible for the full amount of any loss or expense suffered or paid by Escapitos or any of our third party suppliers which are a direct result of the Client’s failure to secure proper travel documentation. Any information or advice given by Escapitos regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the Client, and Escapitos is not responsible for any errors or omissions in the information provided, or in the information provided to Clients by third parties such as government or travel authorities.
(b) Documents: Please note that all travel documents for Products such as vouchers, itineraries and invoices will be sent electronically, via email to the e-mail address provided on booking, or will be available on the website www.escapitos.com upon receipt of full payment by Escapitos. Escapitos reserves the right to impose an administration fee on those Clients who wish to receive their travel documents by other means.
(c) Trip Details: The Client acknowledges that due to the changing nature of travel, they are responsible for keeping up to date on the details of their travel on the Escapitos website, including, but not limited to checking the website at least 72 hours prior to departure to ensure the Client has the most current Trip Details as minor changes may have been made since the trip documents were originally provided by Escapitos.
17. FORCE MAJEURE
Escapitos 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 financial costs both direct and indirect incurred, or for Escapitos 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, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, 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, extreme weather or any other cause whatsoever beyond the reasonable control of Escapitos; or an event which Escapitos or the supplier of services, even with all due care, could not foresee.
CLIENT ACKNOWLEDGES THAT IS STRONGLY RECOMMENDED THAT ALL CLIENTS OBTAIN TRAVEL INSURANCE WITH A MINIMUM MEDICAL, EVACUATION, AND REPATRIATION COVERAGE OF US$200,000 covering all applicable dates of any travel with Escapitos and this insurance must cover personal injury and emergency medical expenses. It is strongly recommended and encouraged that Client’s also extend their coverage to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client. Escapitos shall have no liability for loss, theft of or damage to baggage or personal effects of Clients while participating in a Product trip. Clients should not leave personal belongings unattended in any public areas, on board any mode of transportation, or elsewhere, and are responsible at all times for their own effects and belongings. Escapitos cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by Escapitos such as hotels, homestays, vessels, expedition vehicles, or any other mode of transportation. The Client acknowledges that the cost of the trip does not include any insurance coverage for such Client, and that the Client is required to obtain separate coverage at an additional cost to the Product trip price. When obtaining travel insurance the Client must ensure the insurer is aware of the type of travel to be undertaken so that the insurer may properly cover travel on the applicable Escapitos Product.
19. DISCOUNTS AND PROMOTIONS
All discounts and any reduced pricing and/or promotional benefits are applied at Escapitos’ sole discretion. From time-to-time Escapitos may offer reduced pricing on selected Product trips. The reduced pricing applies strictly to new bookings, and bookings that have already been confirmed (which for these purposes shall mean bookings in respect of which payment of at least a deposit has been received by Escapitos) are not entitled to the reduced pricing.
20. CLAIMS AND COMPLAINTS
Client agrees to bring any complaints regarding a Product to Escapitos as soon as possible in order to provide Escapitos with the opportunity to address such complaint properly. Client agrees to inform the Trip Host / Leader or other designated Escapitos representative at the earliest opportunity, or to the Escapitos local Office Manager at the nearest location to the applicable Product trip, or to Escapitos’ Customer Service department directly. Escapitos assumes no liability for complaints that are not properly brought to the attention of Escapitos with sufficient notice for Escapitos to resolve or attempt to resolve any Client complaints. Any complaint made after the completion of a Product trip must be received in writing by Escapitos via its Agents or directly to head office at firstname.lastname@example.org or Escapitos. Client acknowledges and agrees that Escapitos will not accept any liability for claims received after this period.
21. CLIENT RESPONSIBILITY
The Client acknowledges that depending on the nature of the Product booked, or the location(s) in which such Product is to operate, there may be a significant degree of personal risk involved in travel on the Product. There are dangers inherent to adventure travel generally and Client acknowledges they have considered such risk to health and safety and are willing to assume it, by confirming their booking of such Product. The Client acknowledges she or he has considered the potential risks, dangers and challenges in light of their own personal capabilities and needs, and expressly assumes the risks attendant to travel under such conditions. The Client acknowledges and agrees that Escapitos is not responsible for providing information or guidance to the Client with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where Products are operated, and Escapitos strongly encourages that Clients locate or make contact with his/her local embassy or consulate in each destination prior to departure on any Escapitos Product.
22. OPTIONAL EXTRAS
Optional Extras (which for the purposes of this section mean any activity, transportation, meal, or any other product or service not expressly included in the Product description or itinerary, or in the price of the Product) do not form part of the trip or Product. Client agrees that any assistance given by Escapitos’ Trip Host / Leaders or other Escapitos’ representative in arranging, selecting, or booking, any Optional Extras is purely at the request of the Client, and Escapitos makes no warranties regarding such information and expressly disclaims any liability whatsoever arising from any Optional Extras or participation thereon by any Client, or any information provided by any Escapitos representative or Trip Host / Leader regarding any Optional Extras. Accordingly, the Client hereby releases Escapitos from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to Optional Extras.
Escapitos is not responsible for any damages, expenses, losses, or claims which are attributable to the fault of any Client, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services that form any part of the Product(s), or a force majeure event (as herein defined).
THE CLIENT MUST COMMUNICATE AT THE EARLIEST OPPORTUNITY, IN WRITING, TO ESCAPITOS ANY SUCH FAILURE THAT THE CLIENT ALLEGES HAS OCCURRED In the event that any loss, death, injury or illness is caused by the negligent acts and/or omissions of Escapitos or of the third-party suppliers of any services which form part of the Contract then Escapitos limits its liability.
Hotels, shuttle services or other constituent elements of a Product will be arranged by Escapitos with suppliers local to the regions in which the Product operates, who may themselves engage the services of other local operators and/or sub-contractors. Escapitos will at all times endeavor to appoint reputable and competent local suppliers. The terms and conditions of the suppliers will be applicable and are expressly incorporated into these Terms, and the Client assents to those terms and conditions and the limitations and obligations contained therein. These may limit or exclude liability of the supplier. The liability of Escapitos will not exceed that of any supplier. All suppliers will be selected and assessed by Escapitos in reference to local laws and regulations in the relevant country of operation. Neither Escapitos nor any carrier is liable for the acts or omissions of any independent contractors.
25. INCLUSIVE TRIPS
(a) Definition. “Inclusive Trip / Escape” is any combination of transport and land services booked at the same time and which is offered by Escapitos as a Product at an all inclusive price. Any transport or accommodation booked on a per-service basis, outside of any bundle or Product itinerary, whether or not booked at the same time and/or shown as a “Total Price” or accommodation or transportation only bookings are not “Inclusive” for the purposes of this section but defined as “Add-ons”. Inclusive items are listed on the Trip Details and do not include airport, airline or any other applicable taxes, airport transfers (unless otherwise specified), passport and visa fees, insurance, laundry, phone calls, beverages, meals not detailed in the itinerary, tips, items of a personal nature, baggage fees, excess baggage or Optional Extras. Except where expressly provided for in this Section 29, the terms and conditions of these Terms shall apply to all Inclusive Trips and all Clients purchasing or travelling on Inclusive Tripsl with Escapitos hereby agree to be bound by such Terms.
(c) Booking: All Packaged trips are subject to availability at time of booking.
(d) Payments: Where full payment is not required immediately, a deposit is required as per the Deposit provisions of these Terms. On occasion, the deposit amount for certain Inclsuive Trip Products may be more than those outlined herein, and in such circumstances the deposit amount will be advised to the Client prior to booking. Escapitos will advise the Client of the final balance amount payable in respect of any Inclusive Trip and the applicable due date at time of confirmation, and Client agrees to pay such balance in accordance with the payment provisions contained in these Terms.
(e) Alterations and/or cancellations by the Client: No name changes may be made once the booking is in place for any Inclusive Trips. While Escapitos will attempt to accommodate other change requests, other changes are always subject to availability and airline fees. Day of cancellation and/or alterations will be calculated as the day Escapitos receives the cancellation notice in writing from the Client. Any changes to a Inclusive Trip booking after confirmation may be subject to Administrative Fees plus applicable airline fees and charges, which may include any difference between the initial rate and the rate of the amended booking. Escapitos will advise of such charges at the time as the change is requested. In the event of an Inclusive Trip being cancelled before receipt of full payment, the deposit amount shall either be refunded or retained in accordance with these Terms. All Inclusive Trips cancelled after full payment is received shall be subject to cancellation charges and any applicable administrative fees. At the time any cancellation is requested, Escapitos will advise the Client of the applicable cancellation fees.
(f) Flights and Airlines: All flight times, flight itineraries, carriers and aircraft types are subject to change. Carriers and Escapitos also reserve the right to add en route stops to any flight. The Client agrees that Escapitos cannot be held responsible or liable for any flights missed by Client or any denial of boarding or air security-related delays. Further, the Client also agrees that Escapitos shall not be held responsible or liable for expenses, lost wages or missed vacation time due to flight time changes and/or delays.
(g) Unused services: Missed flights or unused Package components are non-refundable and non-creditable for any reason whatsoever. If a Client is a ‘no-show’, or if the inclusive trip is cancelled after the departure date of the outbound flight, or if the Client leaves a Product trip which is already in progress, no refund for any unused portion of the Inclusive Trip will be provided by Escapitos.
(h) Special Requests: Escapitos cannot guarantee specific requests such as room location, adjoining rooms, bed preference, in-flight meal requirements, sky cots or any other request. While Escapitos will attempt to advise service providers of such requests, it cannot be held responsible if such requests cannot be fulfilled or if local surcharges are applied.
In the event that any term or condition contained herein 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 these Terms or amended accordingly only to such extent necessary to allow all remaining terms and conditions hereof to survive and continue as binding. If any provision of these Terms is found to be so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision.
27. CONTRACT PARTIES, SUCCESSORS AND ASSIGNS
These Terms and Conditions shall inure to the benefit of and be binding upon Escapitos and the Client and their respective heirs, legal personal representatives, successors and assigns, as well as anyone named in any booking made by the booking Client on whose behalf the Client is purchasing any Product.
28. APPLICABLE LAW
The Contract and these Terms and Conditions are subject to the laws of the United States and all Clients submit to the exclusive jurisdiction of the courts located in the United States for the resolution of any dispute under these Terms or concerning a Product.
30. ONLINE BOOKINGS
All on line reservations shall be deemed as booked in the United States, and shall be subject to U.S. law and jurisdiction.
31. IMAGES AND MARKETING
The Client agrees that while participating in any Escapitos Product trip (including, without limitation, Hosted Trips, Self-Guided Trips, and Custom Trips) images, photos or videos may be taken by other Clients and/or Escapitos representatives or Trip Host / Leaders that may contain or feature the Client in part or in whole. The Client acknowledges that they consent to any such pictures being taken and agree that Client hereby grants a perpetual, royalty-free, worldwide, irrevocable license to Escapitos, its affiliates and assigns, to reproduce for any purpose whatsoever (including marketing and promotions), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to the Client or compensation payable to such Client.
32. REFUSAL OF SERVICE
Escapitos retains the right to refuse service to any Client at any time, for any lawful reason whatsoever, in its sole discretion.
Escapitos reserves the right to update and/or alter these Terms at anytime, and shall post the amended Terms on the Escapitos Website (www.escapitos.com). Any such amendment shall take effect 10 days following their posting to the Website. The latest Terms, as amended, may be accessed any time on Escapitos’ website at http://www.escapitos.com/terms-conditions/, or will be sent to Client upon their written request to Escapitos. Clients shall be deemed to have accepted any amendments to these Terms on the date that is 10 days after their posting on the Escapitos’ website. Escapitos recommends that all Clients refer to the Terms prior to their travel to familiarize themselves with the most up-to-date version hereof.