1. Contract with AdventureSmith Explorations
All persons wishing to make a reservation must complete and sign the reservation form. All such persons included on the reservation form are referred to as the "client" below. All clients will be bound by the conditions which follow. All reservations are made with AdventureSmith Travel Services Inc., DBA AdventureSmith Explorations. No person has any authority on AdventureSmith Explorations' behalf to vary these booking conditions. The service to be provided is the tour referred to in the reservation form.
2. Pricing and Payment
The reservation form must be completed and signed by all those who wish to travel. The form should then be returned to AdventureSmith Explorations or its agent with a deposit. Deposit amounts vary by trip. Acceptance of the client's reservation must be confirmed in writing by AdventureSmith Explorations. The balance of the tour price is due 90 days before the departure date. If the balance is received late a 2% late fee will be added. Failure to deliver complete payment 90 days prior to departure will be considered notification of cancellation by default and is subject to the cancellation charges as stated below. Reservations made less than 90 days prior to departure require payment in full and incur a $50 late booking fee. From Clients we accept personal checks, VISA, MasterCard, American Express. From travel agents we accept credit cards for deposit and final payment by agency checks only.
3. Cancellation by the Client
A cancellation by the client must be made in writing. The date that AdventureSmith Explorations or its agents receive the letter determines the cancellation charge applicable. Cancellation fees are as follows:
Land and Internal Air Cancellations Fees Per Person / Per Trip
Days Prior to Departure Fee
91 days or more 50% of deposit
31-90 Days 50% of total tour cost
0-30 100% of total tour cost
THE CLIENT IS STRONGLY URGED TO OBTAIN TRAVEL INSURANCE AT THE TIME OF MAKING THE BOOKING.
4. Cancellation by AdventureSmith Explorations
AdventureSmith Explorations reserves the right to cancel a tour for any reason. It will not cancel a tour less than 8 weeks before departure except in the case of force majeure, consolidation, or the client's failure to pay the final balance. If a tour is cancelled to consolidation or force majeure, the client may choose a full refund of all payments made or an alternative tour offered by AdventureSmith Explorations. If the alternative tour chosen by the client is of a lesser value then the client will be entitled to refund of the price difference. If the alternative tour chosen by the client is of greater value than the tour originally booked the client is required to pay the price difference [within the same timeframes specified above].
5. Unused Services
No partial refunds are possible for unused services including but not limited to hotel rooms, meals, air or land transportation, activity days or other sightseeing excursions.
6. Prices, Surcharges and Brochure Validity
As we publish our prices in advance, we may occasionally be faced with significant cost increases due to factors over which we have no control. We reserve the right to impose surcharges up to 30 days before departure due to changes in group size, rooming status, exchange rates, increases in air fares or other transportation costs, taxes or if government action should require us to do so. Surcharges will be calculated according to the full extra cost, compared to the original costs and exchange rates. If any surcharge results in an increase of more than 10% of the tour cost excluding insurance premiums the client may cancel the booking within 14 days of notification of the surcharge and obtain a full refund.
7. Single Supplement
Trips prices are based on double or shared occupancy for all accommodations. Single accommodations can often be arranged for an extra cost but may be limited on some trips according to the availability of rooms or camping space. The single supplement fee is found under each trip description. If you are traveling alone and wish to share accommodations with another traveler, the first willing-to-share, same gender room/tent mate will be assigned. Should no one be available to share with you at the time you register for a trip, the Single Supplement is payable and you will be invoiced accordingly. If a roommate is found prior to departure, this fee will be refunded to you. Travelers without companions are encouraged to sign-up at least 4-6 months prior to the trip's departure so that we can best accommodate your preference.
The client appreciates and acknowledges that the nature of this type of travel requires considerable flexibility and should allow for alternatives. The itinerary as stated for each tour must be taken only as an indication of what each group may accomplish. The stated itinerary is not a contractual obligation by AdventureSmith Explorations. The client understands that the amenities, accommodations, type of transport, route, schedule and itineraries may change without prior notice due to local circumstances or events. Events causing these changes may include but are not limited to mechanical breakdown, flight cancellations, illness, strikes, political disputes, weather, border crossing problems, and other unforeseeable factors.
9. Changes by AdventureSmith Explorations
While AdventureSmith Explorations does its best to operate all tours as advertised, reasonable changes in itinerary may be made where considered necessary. AdventureSmith Explorations also reserves the right to change any of the services and facilities described in the tour descriptions before a reservation is made. If such as change is made, the client will be told at the time of the reservation. If AdventureSmith Explorations seeks a major change, the company will inform the client as soon as possible if there is time before departure. A major change is defined as a change affecting one day in five of the itinerary. When a major change is made the client may choose between accepting the change, obtaining a full refund of all payments made or accepting an alternate tour offered by the company. If the major change is due to force majeure or unforeseen circumstance no compensation is available. AdventureSmith Explorations reserves the right to substitute vessels or accommodations for those of similar quality, with or without previous notice.
10. Changes by the Client
The client may only make a change to a reservation at least 90 days before departure. Any additional costs associated with changes will be charged to the client. Note that scheduled airlines may impose 100% cancellation charges. A transfer from one tour to another can only be made at least 90 days before the departure date of the first booked tour. If such a request is accepted by AdventureSmith Explorations then the company reserves the right to charge an administration fee of 10% of the value of the first booked tour. A request to transfer received less than 90 days before departure will not be accepted. In this case the client must cancel the booking and then rebook on another tour. Any change or addition made within 89 to 31 days prior to departure will be subject to a $50 administrative fee. This includes booking additional accommodations, transfer or excursions. No changes may be made less than 30 days before departure.
It is mandatory that all clients have personal travel related medical insurance. It is the client's responsibility to obtain personal travel insurance. The client will accept full responsibility for insurance up to the limits that the client may require. This insurance must cover personal accident, medical expenses, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the client.
12. Medical Fitness and Age
Good physical and mental health are essential for the enjoyment of these active outdoor trips. By forwarding the deposit and signed reservation form, the client certifies that he/she does not have any physical or other condition of disability that would create a hazard for him/herself or other clients, trip leaders or company representatives. It is essential that any participant with a medical condition that may be affected by vigorous activity, high altitude, headache, cold, other natural phenomenon, or particular foods or allergic reactions, notify AdventureSmith Explorations in writing in advance of travel. AdventureSmith Explorations assumes no liability for medical care nor for special dietary requirements. Participants may be required to provide a doctor's statement of good health. The judgment of AdventureSmith Explorations, our tour leaders or company representatives shall make the ultimate determination of an individual client's fitness to embark upon, or continue a trip. Once a reservation has been made medical circumstances will not be considered as exceptions to our cancellation policy. All participants must be covered by a current medical insurance policy applicable for overseas travel for the duration of their trip. Proof of coverage may be required.
13. Airlines; Suppliers
Our responsibility in respect of air travel is limited by the airline's condition of carriage. AdventureSmith Explorations is not responsible for losses due to cancelled flights or seats or changed flight itineraries. The client may not cancel a reservation due to a change of airline, aircraft type or destination. The responsibility of the airlines is limited to the carriage of passengers and baggage in accordance with their terms and conditions of service. Airfares are not guaranteed until purchased and ticketed. Any increase in fare is the responsibility of the client. It is also the client's responsibility to assure that the name on your airline ticket matched your passport name by providing the correct name as it appears on your passport to AdventureSmith Explorations before tickets are issued. Certain products and services arranged by AdventureSmith Explorations are provided by third parity suppliers. Separate terms and conditions dictated by the applicable supplier will apply to your reservation and purchase. You agree to abide by such terms and conditions. Details of each vendor's terms and conditions will be made available at time of booking and/or upon request.
14. Travel Documents
The client must obtain and have possession of a valid passport, all visas, permits and certificates, and vaccination certificates, required for the entire tour. The client accepts responsibility for obtaining these documents and any other necessary documents. On receipt of your deposit and signed Reservation Form we forward a comprehensive Adventure Planner dossier. This contains our exclusive AdventureSmith Explorations destination handbook, map, immunization information, visa and permit information, a travel insurance application, packing list, reading list etc. You will receive a final trip packet including final reminders, tickets, vouchers and local contact information for your destination 2-3 weeks prior to departure. Information or advice given by AdventureSmith Explorations on visas, vaccinations, climate, clothing, baggage, special equipment, etc is given in good faith but without responsibility on the part of AdventureSmith Explorations.
15. Authority on Tour
The client must at all times comply with the laws, customs, foreign exchange, drug and other regulations of the destinations visited. At all times the decision of AdventureSmith Explorations. tour leader or representative is final on all matters that may threaten the safety or interfere with the well being of the group or individual travelers. Should the client fail to comply with the above, or should the client interfere with the well being of the group then the tour leader or company representative may order the client to leave the tour without recourse of any kind.
16. Claims and Complaints
If a client has a complaint against AdventureSmith Explorations, the client must first inform the tour leader or company representative while on the tour in order that the leader/representative can attempt to rectify the matter. Any further complaint must be put in writing to the company within 30 days of the end of the tour.
17. Release of Liability and Assumption of All Risks
AdventureSmith Travel Services Inc., its employees, shareholders, subsidiaries, affiliate, officers, director, successors, agents and assigns (collectively AdventureSmith Explorations) does not own or operate any entity that provides goods or services for your trip including, for example and without limitation, lodging facilities, bus, plane, train, kayaks, yachts or other transportation companies or devices, food service providers, equipment suppliers, etc. As a result, AdventureSmith Explorations is not liable for any negligent or willful act or failure to act of any such person, or of any third party. I acknowledge that I have voluntarily applied to participate in the trip designated on this application (or a trip to which I may subsequently transfer). I am voluntarily participating in this trip with the knowledge of the numerous risks and dangers involved including but not limited to: physical exertion for which I am not prepared; forces of nature; transportation failures whether by plane, train, auto, boat, canoe, kayak, bicycle, raft, ski, horseback or other animal, by foot or by any other conveyance; consumption of alcoholic beverages; risks associated with food or impure water; civil unrest; terrorism; criminal activity; dangers associated with wild or other animals; breakdown or faulty maintenance of equipment; high altitude; accident or illness without access to means of rapid evacuation or availability or medical supplies or services; the adequacy of medical attention once provided; and stolen, lost, or misplaced luggage or property. I acknowledge that the enjoyment of travel is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work and that these inherent risks contribute to such enjoyment. I HEREBY AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE AND ACCEPT ANY AND ALL RISKS OF DELAY, UNANTICIPATED EVENTS, INCONVENIENCE, ILLNESS, INJURY, LOSS, EMOTIONAL TRAUMA OR DEATH. I acknowledge that the cost of all AdventureSmith Explorations trips is based upon trip participants executing this Release of Liability, Assumption of All Risk, and Arbitration Agreement. Therefore, as lawful consideration for being permitted to participate on such trip(s), I hereby RELEASE AND DISCHARGE FOREVER ADVENTURESMITH EXPLORATIONS FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM MY PARTICIPATION IN THE TRIP. I agree that this release shall be legally binding upon me personally, all members of my family and all minors traveling with me and their heirs, successors, assigns and legal representatives, it being my intention fully to assume all the risks associated with this trip and to release AdventureSmith Explorations from any and all liabilities to the maximum extent permitted by the law.
I have carefully read the foregoing Terms and Conditions and fully understand that this release will prevent me or any other person from filing suit or making any other legal claim for damages in the event of injury, death, property damage or any of the other events listed above and I sign it of my own free will.