Terms Of Service
These Terms and Conditions are legally binding between the traveler(s) and/or their booking agency and Backpacker Concierge LLC d/b/a East West Expeditions, herein after referred to as 'the Company' or 'we'.
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To make a booking, we require a deposit of 20% of the selected travel arrangements, unless we issue an amendment via email when a smaller or larger deposit would be necessary to guarantee the trip. We will then invoice for the remainder of the cost, which must be paid no later than 8 weeks before departure. If the booking takes place less than 8 weeks before departure, full payment must be made on booking, unless we issue an amendment via email stating alternate payment dates. The booking is not accepted and no contract shall exist between us until the date shown on the confirmation issued by the Company. Notification of cancellation must be made to the Company in writing and will be effective upon receipt. If the balance of the holiday cost is not paid by the due date of 8 weeks before the booking start date, then the booking will be terminated and the deposit lost.
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If the booking is cancelled more than 8 weeks before departure we will not refund the deposit. If the booking is cancelled after being paid in full the following cancellation charges will be made:
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more than 56 days before departure: loss of deposit
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between 43 and 56 days before departure: 40% of the holiday cost
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between 29 and 42 days before departure: 60% of the holiday cost
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between 15 and 28 days before departure: 80% of the holiday cost
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14 days or less before departure (or fail to join the holiday): 100% of the holiday cost
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We receive the right to change these cancellation terms and will do so by written notification prior to the request for deposit.
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These dates refer to the date we receive written notification of the cancellation, signed by at least one of the individuals traveling. Cancellation notifications must be clearly dated, signed and sent by email or registered post. Failure to comply can result in 100% cancellation charges. We strongly recommend taking out insurance against irrecoverable cancellation costs.
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If the travelers are prevented from traveling, they may transfer the booking to another person provided the new travelers meet all the requirements relating to that holiday. A transfer fee of $200 will be payable, or $300 if the transfer is less than four weeks before departure. Additional costs such as non-transferable airline tickets and permit fees may also be payable. Should the booking be transferred to another person, both be jointly and severally liable for payment of the holiday price and other associated expenses. We require a written transfer notification for all transfers, clearly dated and signed by transferor and transferee.
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The Company or its third-party, independent suppliers may find it necessary to make substitutions in the accommodations due to circumstances beyond their control. Normally substitutions are of superior or equal quality. If a substitution of equal or superior quality cannot be made, a refund will be paid for the difference for the particular accommodation in question.
We strongly advise travelers not to incur any non-refundable incidental expenses, e.g. for visas or flights, before we send the final confirmation of the itinerary. We shall however endeavor to send final confirmation between 14 and 21 days prior to departure. -
Before the booking is confirmed and a contract comes into force, we reserve the right to increase or decrease quoted prices. Where our allocation of air seats has been fully utilized or where it is not possible to offer an air seat from an allocation, we reserve the right to pass on any extra costs incurred. The travelers have the right to withdraw from the booking at this stage if they do not accept the price revision. The contract will exist when the travelers have accepted or not objected to any price revision and we have issued a confirmation invoice. We reserve the right to impose surcharges once the travelers have booked. Surcharges will only be imposed for variations in:
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transport costs, including the cost of fuel,
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dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports,
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the exchange rates applied to the booking,
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or the cost of excursions managed or owned by a third party.
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Price increases and surcharges will be calculated according to the full extra cost compared to the costs and exchange rates obtained when the quote was calculated. In any event we shall absorb any such surcharge up to 2% of the original holiday cost.
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A general indication is provided in each holiday’s itinerary: the type of accommodation used, what is included in the price, passport and visa requirements, and health formalities. Changes in all of these items may be made at any time and we will notify of any changes that we become aware of as soon as we are reasonably able to do so.
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For every holiday booking we create a Trip Itinerary Quote with detailed inclusions and exclusions. The information and conditions relating to the holiday (and extensions/options where applicable) contained within this document will be deemed to be part of the contract, and the travelers should therefore read them carefully. Should there be a discrepancy between the information given in email correspondence or by telephone and the Trip Itinerary Quote, the information in the Trip Itinerary Quote supersedes any other information and will be considered the most up-to-date and accurate.
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Any information or advice provided by the Company on matters such as permits, visas, vaccinations, climate, clothing, baggage, special equipment, etc. is given in good faith but without responsibility on the part of the Company, and the passenger accepts responsibility for obtaining any necessary visas and travel documents required for the holiday.
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If any significant changes to the holiday have to be made before departure, we undertake to inform the travelers, and they will be presented with a list of options on action to take. A ‘significant change’ does not include a change of carrier, transport or named accommodation, but is normally considered a change of more than 24 hours (12 hours for holidays of 10 days’ duration or less) in departure or return timings, a change of domestic departure airport or a major itinerary re-routing.
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The Company, its employees, shareholders, officers, directors, successors, and agents does not own or operate any entity, which is to or does provide goods or services for the trip. It purchases transportation (by aircraft, coach, train, vessel or otherwise), hotel and other lodging accommodations, restaurant, ground handling and other services from various independent suppliers. All such persons and entities are independent contractors. As a result, the Company is not liable for any negligent or willful act of any such person or entity or of any third person. In addition and without limitation, the Company is not responsible for any injury, financial or physical loss, death, inconvenience, delay or damage to personal property in connection to the provision of any goods or services whether resulting from but not limited to acts of God or force majeure, illness, disease, acts of war (threatened or actual), terrorist activities (threatened or actual), civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transport mechanism to arrive or depart on time. There are many inherent risks in adventure travel of the type involved here, which can lead to illness, injury or even death. These risks are increased by the fact that these trips take place in remote locations, far from medical facilities. Passenger assumes all such risks associated with participating in this trip. It is a fundamental condition of purchasing or joining any of the Company’s tours that travelers accept this flexibility, and acknowledge that delays and alterations and their results, such as inconvenience, discomfort, or disappointment, are possible: we will always endeavor to provide suitable alternative arrangements. If it is impossible to make alternative arrangements or if a passenger is unable, or does not choose for good reason, to complete an itinerary outlined for a holiday, the Company is not liable to supply alternative itineraries, excursions, accommodations, services or staff for the period when the client is not present on the tour, but in these circumstances we will arrange transport back to the travelers’ point of departure if they wish.
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If travelers are partaking in a group excursion with a full-time Tour Manager supplied by the Company or a third-party operator, it is necessary that they abide by the authority of the Tour Manager, who represents the company or third-party operator. Submitting a deposit for the program signifies their agreement to this, and if they commit any illegal act when on the holiday or if in the reasonable opinion of the leader or guide their behavior is causing or likely to cause danger, distress or annoyance to others we may terminate their travel arrangements without any liability on our part. If the travelers are affected by any condition, medical or otherwise, that might affect their or other people’s enjoyment of the holiday we must be advised of this at the time of booking or risk immediate termination of the travelers’ travel arrangements without any liability on our part.
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Before travelers come on the holiday they must be covered by insurance, which must include adequate cover for baggage, medical expenses and the cost of repatriation, should travelers become too ill to continue, including helicopter rescue and air ambulance. If travelers join the holiday without adequate insurance they may not be allowed to continue on the holiday, with no right of refund.
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Our responsibility does not commence until the appointed time and place as stipulated in the Daily Details document. We shall not be responsible for any additional expenses incurred by the travaeler to meet up on time and at the designated place as stipulated in the Daily Details document. Should the traveler be unable to arrive on time for the start of the scheduled tour they must inform us at the latest 24 hours before the travelres’ new arrival time. We will endeavor to resume the scheduled trips as per the Trip Itinerary Quote and we will charge any necessary additional local costs accordingly. We reserve the right to cancel all further holiday arrangements if no contact has been made with us within 24 hours after the scheduled arrival time.
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If travelers have any complaint about the holiday, they must make it known at the earliest opportunity to the guide and/or our local representative and/or our office contact, who will normally be able to take appropriate action. If at the end of the holiday, travelers feel their complaint has not been properly dealt with, we shall try and agree a settlement with the traveler, but the traveler must first notify us of the complaint in writing within 5 days of their scheduled date of return. Please note we only deal with complaints via letter, telephone or email, and not in person.
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We are not liable for any damage to the traveler that is:
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attributable to traveler;
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attributable to a third party connected or unconnected with the provision of the services and are unforeseeable or unavoidable;
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due to unusual and unforeseeable circumstances beyond our control and could not have been avoided even if all due care had been taken
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due to an event which even with all due care we could not foresee or forestall
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At some of the places the traveler will visit on their tour, optional activities will be available from other independent suppliers who are not affiliated with the Company. Some of these activities carry with them inherent risks, which can cause serious injury. These activities include, but are not limited to: (1) walking safaris; (2) horseback/camel/jeep safaris; (3) sailing; (4) ballooning; (5) light aircraft flights; (6) diving and snorkeling; (7) bicycle rides (8) paragliding (9) bungee jumping. The traveler should be aware that, although precautions are taken by the suppliers to guard against such dangers, the travelers’ safety cannot be guaranteed. Should the traveler elect to participate in such activities while travelers are on tour, they are free to do so at their own risk. The Company assumes no responsibility for the travelers’ safety and requests common sense and caution be exercised while visiting any of the cities and towns on the tour. The company is in no way responsible for incidents or personal/public interaction occurring between a tour member and anyone the traveler may meet while on tour.
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In any event, the travelers are strongly advised to insure themselves against any possible risk that may occur and in particular to ensure that they have sufficient insurance in respect of dependent relatives. Travelers are required to carry proof of insurance with them and produce it if reasonably requested by company employees or suppliers. Except in instances of personal injury or death, where the Company is found to be liable for damages in respect of its failure to carry out the contract, the maximum amount of such damages, compensation and loss of enjoyment will normally, but not necessarily, be limited to the basic holiday price shown on the Trip Itinerary Quote.
Any flights forming part of the holiday arrangements are subject to the conditions of the carrying airline, which in most cases limit the airline’s liability to the passenger in accordance with International Law and conventions. Airlines concerned are not to be held responsible for any act, omission or event occurring while passengers are not on board their aircraft. International air carriers are also subject to international air conventions limiting their liability. These limitations of liability are explained on the e-ticket or on the reverse of the airline ticket and when issued, this constitutes the sole contract between the respective air carrier(s) and their passengers. -
The Company is not responsible for any stolen or lost items
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Any likeness or image of travelers secured or taken on any of our holidays may be used by the company without charge in all media (whether now existing or in the future invented) for bona fide promotional or marketing purposes, including without limitation promotional materials of any kind, such as brochures, slides, video shows and the internet.
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To ensure that the travelers’ holiday runs smoothly, we need to use information such as their name and address, special needs, dietary requirements etc. We will apply appropriate security measures to protect this data. However, we must pass it to suppliers of the travelers’ travel arrangements including airlines, hotels and transport companies. We may also supply it to security or credit checking companies, and to public authorities such as customs and immigration or Public Security Bureau. We will only pass data, including sensitive information regarding disabilities or dietary and religious requirements, to people responsible for the travelers’ holiday arrangements. If we cannot pass this information to the relevant suppliers, we cannot provide the booking. When travelers make this booking, they consent to this information being passed to the relevant people. We can supply a copy of the travelers’ information held by us; there is a small charge of $5USD/person for providing this.
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The booking conditions may only be waived or amended by written mutual consent. When travelers submit their deposit they agree to accept all these conditions, and when we accept the booking we agree to carry out our obligations to the traveler as defined in this document and other information provided to the traveler.
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By submitting the deposit the travelers are confirming that they have purchased their own travel insurance policy and that they have checked this policy and that they are satisfied that it: is adequate in terms of cover for their travels with the Company and all activities in which they are likely to participate while traveling with the Company are insured. Travelers also confirm that they are aware of any excesses or exclusions within their travel insurance and that they absolve the Company of any liabilities that may arise from failure to take out adequate travel insurance while traveling with the Company.