These are the Terms and Conditions that will apply to your booking. Please read them carefully as you will be bound by them.
These Terms shall constitute the entire agreement between the Company and the Client relating to the subject matter herein, and shall constitute a binding agreement. There is no verbal or written; representation, warranty, prior agreement, or description of services, other than as expressed herein.
The Contract is with Always Outbound “the Company”. By booking a trip, you agree to be bound by these Terms and Conditions that govern the relationship, the cancellation policy and limitations of liability. These Terms and Conditions affect your rights and designate the governing law and forum for the resolution of any and all disputes.
1. THE CONTRACT
All persons wishing to make a booking have carefully read and understand the Terms and Conditions that follow. By making a booking with the Company or its Agents, you accept on behalf of yourself and all those named on the booking including minors and person under a disability to be bound by these Terms and Conditions.
A booking is accepted and becomes definite only from the date when the Company sends a confirmation invoice or email. It is at this point that a Contract between the Company and the Client comes into existence.
All person(s) named on the booking are hereafter referred to as the “Client” and references to Client shall be to all those so named.
“Contract” means the Contract concluded between the Company and the Client relating to the relevant cruise or Package, which is evidenced by the issue of the confirmation invoice sent by the Company or its sales agent to the Client.
“Custom Trip” means booking any tailored trips not included in the fixed departures available on the company website and trip brochures. The service to be provided is/are the tour(s) referred to in the booking confirmation.
“Package” or “Departure” or “Trip” means a tour with or without flights and/or any accommodation of over 24 hours and transportation or other tourist services not ancillary to transport or accommodation and accounting for a significant part of the Package. It does include custom trips that meet the above definition.
At time of booking a non-refundable deposit of USD$250 per person per tour is due. If booking is made 60 days or less prior to departure, full payment is due. The non-refundable deposit and medical form, if applicable, should be sent to the Company or its Agent. Always Outbound Custom trips may require a higher deposit or full payment at the time of booking. If deposit is different from that outlined in this clause, the requirement will be advised at time of booking and detailed on the invoice.
Should the Client cancel their booking, the deposit amount as defined in Booking Deposit above, will be held as a ‘Lifetime Deposit’ with the Company, subject to the full extent of these terms and conditions. This Lifetime Deposit has no expiry and may be used as a deposit on one future Company tour. The Lifetime Deposit has no cash value and is not redeemable with any other offer, discount or promotion. Only one Lifetime Deposit may be applied per tour. The Lifetime Deposit may be transferred or gifted to another Client and in these cases it is valid on new bookings only. All Lifetime Deposits must be applied to a new tour that is of equal or greater value than the cancelled tour.
3. FINAL PAYMENTS
Please refer to the confirmation invoice and/or confirmation email for details regarding final payment.
(a) Payment of the balance of the tour price is due 60 days before the departure date of the first service booked. If full payment is not received by the due date, then rates and tour space cannot be guaranteed.
(b) If a booking is made 60 days or less before the departure date of the first service booked then the full amount is payable at the time the booking is confirmed. If this balance is not paid at the time the booking is confirmed the Company reserves the right to treat the Client’s booking as cancelled.
Always Outbound Custom Trips may require a higher deposit or full payment at the time of booking. If full payment is different to that outlined in this clause, the requirement will be advised at time of booking and detailed on the invoice
(c) Client Details: In order for the Company to confirm and guarantee the Client’s travel arrangements the Client must provide all Client Details with their final payment as per the schedule specified in Section 3(a). If the Client does not provide all details 60 days or more before departure, an Administrative Fee may be charged to the Client. In the event where client details have not been received by the Company 30 days prior to the Client’s trip departure, the Company reserves the right to treat the file as cancelled and full cancellation fees will apply. Client Details required will vary tour by tour, and will be advised during the booking process.
(d) Credit Card Charges: The Company is not responsible for any charges applied to credit card transactions and will not refund or return any fees charged by third parties and incurred during the transaction of the tour cost.
4. TOUR CANCELLATION - BY THE CLIENT
Any cancellation by a Client must be made in writing and be acknowledged by the Company in writing. The date on which the request to cancel is received by the Company or its Agents will determine the cancellation fees applicable.
The cancellation fees are expressed hereafter as a percentage of the total tour price, excluding insurance.
(a) Cancellation 120 days or more before departure: Full refund.
(b) Cancellation 61 - 119 days before departure: Lifetime Deposit held on file.
(c) Cancellation 60 - 30 days before departure: 50% of cost of services booked.
(d) Cancellation less than 30 days before departure: 100% of cost of services booked.
5. TOUR CANCELLATION - BY THE COMPANY
The Company reserves the right to cancel any trip for any reason, but will not cancel a tour less than 60 days before departure except for Force Majeure, unusual or unforeseen circumstances outside the Company’s control.
(a) When a tour is cancelled by the Company before the agreed date of departure for any reason other than the fault of the Client, the Client can either:
(i) take a substitute tour of equivalent or superior quality if the Company is able and willing to offer such a substitute; or
(ii) take a substitute tour of lower quality if the Company is able and willing to offer one and to recover from the Company the difference in price between the price of the tour originally purchased and that of the substitute tour; or
(iii) obtain a full refund of all monies paid under the contract as soon as possible.
(b) The Company is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the 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. If the Client is offered a refund but requests an alternative tour of a higher value than that originally booked, then the Client must pay the difference in price. Where after departure a significant element of the trip contracted for cannot be provided, the Company will make suitable alternative arrangements for the continuation of the trip.
If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, the Company will provide the Client a refund of unused tour portions. Where a significant alteration or cancellation occurs which is not due to Force Majeure or other circumstances beyond the Company’s control, the Company will in some circumstances offer compensation. Significant alterations do not include the substitution of a mode of transport, modification of itineraries, change in hotel accommodation provided it is of similar category.
6. UNUSED SERVICES
There will be no discounts or monies refunded for missed or unused services, this includes voluntary or involuntary termination/departure from tour, i.e. sickness, death of a family member etc, late arrival on the tour, or premature departure either voluntarily or involuntarily.
7. PRICES AND SURCHARGES
The price of the tours published may go up or down from the time of publication. The Company recommends that the Client find out the most up to date price of their tours including the costs of any other service provided by the Company at the time of making their booking. The Company reserves the right to increase tour price after the holiday has been booked but will not do so any later than 30 days before the departure date stipulated. After a Confirmation Invoice has been issued any increase to the tour price will be as the result of changes in an increase in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airport charges, including any currency fluctuations. If the increase would be 2% or less of the holiday price the Company will absorb the changes in its costs of providing the tour. However if the increase is more than 2% the Company will pass this increase on to the Client. Where the increase in price is more than 10% of the Clients holiday price then in these circumstances the Clients may either:
(i) withdraw from the contract without incurring any penalty; or
(ii) accept the change of price.
The prices in the brochure and website are based on rates and costs in effect at time of printing the brochure or posting to the website. The Company reserves the right to alter prices at any time prior to tour been paid in full. The land price of the trip is guaranteed when paid in full, subject to any potential surcharges as stipulated in Section 7. All dates, itineraries and prices are indicative only.
The Client understands and acknowledges the nature of this type of travel requires considerable flexibility and should allow for reasonable alterations by the Company. It is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events, which may include sickness or mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances or any other reason whatsoever.
(a) Changes made by the Company:
While the Company will endeavor to operate all tours as advertised, reasonable changes in the itinerary may be made where deemed necessary or advisable by the Company. If the Company makes a major change the Company will inform the Client as soon as reasonably possible if there is sufficient time before departure. The definition of a major change is deemed to be a change affecting at least one in three full tour days of the itinerary. If the major change is due to force majeure or unforeseen circumstances no compensation is payable. Some changes to the itinerary may happen on tour as a result of unforeseen circumstances or local situations. Any changes made to alter the itinerary as a result will be made with full authority of the Tour Leader and any direct or indirect cost incurred as a result will be the responsibility of the Client.
Where the Company has to make a major change to the Client’s holiday before departure in these circumstances the Company will notify the Client as quickly as possible so that the Client can take the decision:
(i) whether to withdraw from the contact without penalty; or
(ii) to accept the change and proceed with the holiday.
(b) Changes made by the Client:
(i) A transfer from one tour to another can only be made more than 60 days, before departure date and if approved by the Company. If such a request is accepted by the Company, the Company reserves the right to charge up to the deposit amount of the first booked tour.
(ii)Any transfer requests received less than 60 days before departure will be accepted on a case-by-case basis. If accepted, the Client may only transfer a booking to a departure date in the current season and may not transfer a booking to future seasons. Any such transfers will be regarded as cancellations and cancellation fees will apply.
The Client may apply to have the name of the reservation altered by the Company more than 30 days prior to departure. Name changes cannot be made 30 days or less before departure. Any name changes are subject to Company approval and may incur Administrative Fees.
(c) Other Changes: Any changes to a file will depend on availability and will be on a request basis. Any extra costs incurred for making the change will be charged along with an Administrative Fee. No changes are permitted to your booking within 10 days of departure.
Any tour does not include international air fare or any other flights unless mentioned in the inclusions.
(a) Airline, airport or weather delays: The Company will not be held responsible for any additional expenses or loss that may arise from airline, airport or weather delays. The Company will not reimburse for any additional expenses incurred by the Client as a result. The company will not refund any unused portion of air tickets purchased in the event of such delays due to conditions beyond its control.
12. ACCEPTANCE OF RISK
The Client acknowledges that the nature of the tour is adventurous and may involve a significant amount of personal risk. The Client hereby assumes all such risk and does hereby release the Company from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks. Prior to tour commencement, the Client may be asked to sign a participation form, with the following wording:
“I understand traveling with Always Outbound may involve risks (and rewards) above and beyond those encountered on a more conventional holiday, and that I am undertaking an adventure trip with inherent dangers. I understand I am traveling to geographical areas where, amongst other things, the standard of accommodation, transport, safety, hygiene, cleanliness, medical facilities, telecommunications and infrastructure development may not be of the standard I am used to at home or would find on conventional holiday. I have read and understood the Always Outbound dossier for this trip I am undertaking and have provided details of any pre- existing medical conditions I may have to Always Outbound representatives. I accept these risks and obligations and I fully assume the risks of travel.
Optional Activities: I understand during my trip there may be opportunities to undertake activities, which do not form part of the itinerary. I understand Always Outbound makes no representations about the safety or quality of the activity, or the standard of the independent operator running it. I also understand Always Outbound is in no way responsible for my safety should I elect to enter into such optional activities. With full knowledge of the above, I may still elect to partake in the activity, and if I do so, I assume full responsibility for any risks involved, and the waiver and release of the Releases set out in the foregoing paragraph shall apply to such optional activities.”
Hotels, shuttle services or other elements of a Package will be arranged by the Company with local suppliers, who may themselves engage the services of local operators and/or sub-contractors. Standards of hygiene, accommodation and transport in some countries where excursions take place are often lower than comparable standards than what the Client may reasonably expect at home. The Company 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 the Contract. These may limit or exclude liability of the supplier. The liability of the Company will not exceed that of any supplier. Local laws and regulations of the relevant country will be relevant in assessing performance of the services of any supplier. In the event of a complaint by a Client, this Contract will be regarded as having been performed if local laws and regulations relating to those services have been satisfied, even if the laws of United States have not been met.
13. GUARANTEED DEPARTURES
The Company guarantees selected departures at their discretion. The departure shall become guaranteed once there are a minimum number of clients confirmed upon it. This guarantee of departure is still subject to force majeure situations, and the Company reserves the right to remove the guaranteed designation at anytime due to circumstances beyond reasonable control. The Company will not be held accountable for any indirect cost resulting to the client for this action.
14. TRAVEL DOCUMENTS
(a) The Client must be in possession of a valid passport required for entry, departure and travel through each destination point along the itinerary of the tour, (passport must be valid 6 months past the return date), all visas, permits and certificates including vaccination certificates, insurance policies, required for the whole of the journey.
The Client accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the tour, and is solely responsible for any adverse consequences resulting from missing or defective documentation. Any information or advice given by the Company regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the Client, and the Company is not responsible for any errors or omissions as to the information provided by third parties such as the appropriate governmental authorities.
(b) To expedite the issuing of Always Outbound travel documents please note that all tour related travel documents such as vouchers, itineraries and invoices will be sent via email or will be available on the website www.alwaysoutbound.com once full payment has been received by the Company. The Company reserves the right to impose an Administration Fee on those Clients who wish to receive their travel documents by other means.
(c) It is the Clients responsibility to visit the website at least 72 hours prior to departure to ensure the most current Tour Itinerary and Dossier is in their possession as minor changes may have been made since the tour documents were originally provided by the Company.
It is mandatory that all Clients obtain travel insurance with a minimum medical coverage of US$200,000 while travelling with the Company and this insurance must cover personal injury, medical expenses, repatriation expenses, and evacuation expenses. Clients must be able to provide proof of Insurance purchase and adequate coverage as per the required amounts above if requested by the group Leader or Company Representative. It is strongly recommended the coverage be extended 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. The Company shall have no liability for loss, theft of or damage to baggage or personal effects. Personal belongings lost or stolen while unattended by the client in public lounges or other public areas, whether on board a vessel, train, bus, or other mode of transportation, publicly owned or operated by the Company or elsewhere, are not reimbursable. Losses due to ordinary wear and tear, and other acts of God are not reimbursable. The Company 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 the Company such as hotels, homestays, vessels, expedition vehicles, or any other mode of transportation. The Client acknowledges that the cost of the tour does not include insurance, and that the Client is required to obtain separate coverage at an additional cost. When obtaining travel insurance the Client must ensure the insurer is aware of the type of travel to be undertaken.
16. FACTORS OUTSIDE THE COMPANY’S CONTROL (FORCE MAJEURE)
The Company shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the Company's failure to commence, perform and/ or complete any duty owed to the Client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, 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 the Company the consequences of which could not have been avoided even if all due care had been exercised; or an event which the Company or the supplier of services, even with all due care, could not foresee.