Terms and Conditions

These General Terms and Conditions are adopted by Explore Beyond and are filed at the office of the Clerk for civil affairs at the Court in Uruguay /2009, dated April 1st 2009.

The General Terms and Conditions are valid for the period: April 1st 2009 till March 31st 2010.

Definitions

Explore Beyond

The travel company Explore Beyond with its registered office in Buenos Aires (Argentina), being part of the international travel organization Global Encounters.

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Client

The natural person that has agreed to participate in an expedition, trip and/or certain travel activities organized by Explore Beyond within the context of an agreement.

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Agreement

Any agreement between Explore Beyond and the client, any additions or amendments to this agreement, as well as all (juristic) acts in preparation for and in execution of or in connection with said agreement.

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Activities

The range of activities organized by Explore Beyond within the range of a booked trip and/or expedition.

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Price

The total amounts and/or payments due by the client to Explore Beyond for participating in one or more of the activities organized in relation to the travel company.

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Applicability of the General Terms & Conditions

1. Applicability

   These General Terms and Conditions apply to all offers made by Explore Beyond and to all agreements entered into by Explore Beyond within the framework of travel activities and the performance of those activities. The client accepts the applicability of these General Terms and Conditions by the mere fact of undersigning any agreement with Explore Beyond taking part in the travel activities of Explore Beyond.
   
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2. Deviations

   Any provisions deviating from these General Terms and Conditions are only valid insofar as they have been explicitly confirmed by Explore Beyond. Any deviations from these General Terms and Conditions which are applied or tolerated at any time by Explore Beyond in the client’s favor will never entitle the right to rely on such deviations at a later date, or to demand the application of such a deviation as something to which the client is entitled.
   
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3. Annulment or nullity

   The annulment or nullity of any provision in these General Terms and Conditions does not affect the validity of the remaining provisions of these General Terms and Conditions. In the event of the annulment or nullity of any provision in these General Terms and Conditions, the provision most similar in effect to the void provision will be deemed valid.
   
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4. Third party

   These General Terms and Conditions also apply to agreements between the client and any person or legal entity associated with Explore Beyond and/or engaged by Explore Beyond to perform any travel activity with the approval of the client. If and insofar as such an engaged third party applies its own independent terms and conditions, the General Terms and Conditions of Explore Beyond will continue in full force and effect in relation to the client.
   
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5. Termination or dissolution

   These General Terms and Conditions will continue to apply after the termination or dissolution of the whole or any part of the agreement.
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Within the range of the General Terms and Conditions the client agrees upon the following:

1. How to Book

   To reserve a place on one of the trips, client should complete the Booking Form provided by Explore Beyond and return it by email, to the Explore Beyond headquarters, or to the travel agency the trip was booked at. It might occur that an expedition requires a non refundable deposit or instant payment for a permit. In these instances there will be referred to the individual trip notes for an explanation about the before mentioned deposit or instant payment.
   
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2. Payment

   The prices quoted at www.explorebeyond.travel are for payment by check, money order or credit charge. Prices quoted are subject to changes under the conditions moreover detailed at paragraph I. The balance of the trip price is payable to Explore Beyond 60 days prior to departure.
   Prices are quoted in US dollars ($) (unless otherwise specified) and all payments must be made in US dollars. If payment of the balance of the tour price is not received by Explore Beyond by the required time within the required period, the client will be regarded as having cancelled the booked trip and with the consequence that cancellation charges in accordance with condition D hereafter will apply.
   
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3. Amendments/Transfers

Amendments
If a client wishes to make amendments to the booked trip, expedition arrangements and/or travel activities, the client is obliged to notify Explore Beyond in writing. Each amendment to the booked trip arrangements will incur a $50 (fifty US Dollars) administration fee and client will be liable for any increase in airfares or operational expenses occasioned by the amendment. All administration fees as a result of clients’ amendments must be paid to Explore Beyond before departure and/or start of the trip/expedition. Amendments will be accepted as long as they are received in writing by Explore Beyond no later than 30 days before the start of the trip.

Transfers
If a client wishes to transfer from one trip to another, he or she must notify Explore Beyond in writing. Once Explore Beyond receives the mentioned notice the transfer will take effect subject to the following:

transfers may only be made to another tour to commence within 12 months of the original departure date by which the following transfer charges will apply:

• If client’s notice is received more than 60 days prior to the original departure date, a $100 transfer fee will apply. In addition, any increase in airfares or operational services will be payable by the client: or
• If client’s notice is received within 31 to 59 days prior to the original departure date, 50% of the original trip price will be forfeited: or
• If client’s notice is received within 30 days prior to the original date, 100% of the trip price will be forfeited.
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4. Cancellation

   If the client wishes to cancel the expedition, he or she must notify Explore Beyond in writing. Once Explore Beyond receives the mentioned notice, cancellation will take effect subject to the following:
   
   
• If cancellation takes place more than 60 days prior to the departure date, the client’s full deposit will be forfeited.
• If cancellation takes place between 59 and 31 days prior to the departure date, 50% of the client’s tour price will be forfeited.
• If cancellation takes place less than 30 days prior to the departure date, 100% of the client’s tour price will be forfeited.
  
  The trip price is quoted as a package. No partial refunds or credit will be given for services not used. Any amount forfeited, which has not then been paid to Explore Beyond by the client, may be recovered from the client by Explore Beyond as a debt due and payable.
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5. Health and Fitness Requirements

   The client must be in good health and physical condition and is strongly advised to follow Explore Beyond pre-departure fitness training recommendations, where necessary. Upon receipt of the Booking Form, Explore Beyond will send the client a medical questionnaire to be completed by the client or his or her medical doctor and returned to Explore Beyond as proof that the client is fit enough to participate in the trip. In addition to the before mentioned questionnaire the client is due to provide Explore Beyond with a medical report confirming that the client is fit enough to take part in the trip. The questionnaire and the medical report must be returned to Explore Beyond at least 60 days prior to departure. If the client suffers from severe muscular, chest, heart or bronchial disorders, or if the client is a severe asthmatic, or has high blood pressure, the client will be advised against participating in the trip. The trips take place in remote areas where there is little or no access to normal medical services or hospital facilities for serious problems. Evacuation, where necessary, can be prolonged, difficult and expensive.
   Medical and evacuation expenses will be the responsibility of the client. While Explore Beyond does not discriminate by age, due to the extreme nature of some of the trips and expeditions Explore Beyond discourages participants over 65 years of age. Explore Beyond reserves the right in its absolute discretion to refuse a participant the right to participate in an expedition on medical or fitness grounds.
   
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6. Medical disclosure

   The client declares and warrants that he or she is in good health and mental and physical fitness at the time of booking the trip or expedition. The before mentioned declaration shall be made and undersigned by the client in a separate document, being a release of claims, waiver of liability, assumption of risk and indemnity agreement:
   
   
• The client discloses to Explore Beyond every matter concerning his or her health and mental and physical fitness of which he or she is aware, or ought reasonably to be expected to know, that is relevant to Explore Beyond’s decision to permit the client to embark on one of the trips.
• Immediately upon any adverse change in the client’s health or fitness that may be likely to affect Explore Beyond’s decision to permit him or her to embark on one of the trips, the client will notify Explore Beyond in writing of any such adverse change.
• The client acknowledges that the obligation to disclose under this condition continues from the time of booking the trip through to departure and extends for the duration of the trip.
• If the client fails to comply with the duty of disclosure this condition, Explore Beyond will not be liable, except to the minimum extent required by law, for personal injury, death or property damage or loss incurred by you.
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7. Tour Leaders

   In this condition, ‘nominated expedition leader’ includes both the nominated expedition leader and any other nominated person given at any time the task of leading or supervising any aspect of the trip. Explore Beyond nominated expedition leaders take their responsibilities seriously and if for any reason a nominated expedition leader believes, in his or her absolute discretion, that a certain client should not participate in one of the trips, before departure, even if the client passes the medical exam, the expedition leader may exclude the client from the trip. In this event, but subject to conditions, the client will be offered the option of taking another expedition considered suitable for the client or a full refund of the purchased expedition excluding but not limited to visa, passport and vaccination charges or departure, gear, purchases, airport and airline taxes. If for any reason during the expedition the nominated expedition leader considers the client should not participate further due to him or her committing an illegal act, or in the opinion of the nominated expedition leader, the client’s behavior is causing or is likely to cause danger, distress or annoyance to others, or  the client’s fitness or health is inadequate, the expedition leader may direct the client not to continue and that the client must follow the nominated expedition leader's instructions. In this case the client will not be entitled to any refund. Travel insurance may compensate the client depending on the circumstances.
   
   Explore Beyond reserves the right to change, at any time, the nominated tour leader of any trip. If that happens, Explore Beyond will try to ensure that the alternative expedition leader has expertise commensurate with that of the nominated expedition leader. Any such change by Explore Beyond will not give rise to any right on the client’s part to cancel the trip or claim any expenses, loss or damage which may be suffered.
   
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8. Cancellation due to Expedition Booking Numbers

   Explore Beyond reserves the right to cancel any trip prior to departure in the event that there are too few people booked on a trip in which case the client will be given a full refund of the trip price paid by him of her. The client will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damage (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation (including but not limited to visa, passport and vaccination charges, or departure, gear purchases, airport and airline taxes).
   
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9. Route Changes, Postponement, Cancellation or Delay

   Explore Beyond reserves the right to:
• change the date of departure or conclusion of the trip, or
• modify any aspect of the trip, or
• cancel or modify any routes within the trip or objectives set out in the itinerary, or
• substitute different or equivalent routes within the trip in place of cancelled or modified routes, or
• postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the trip) any such aspect of the trip if, in the absolute discretion of Explore Beyond, it is necessary to do so due to inclement weather, snow or icy conditions or conditions that are otherwise likely to be hazardous or dangerous or due to any other adverse or threatening conditions whether political, military, terrorist or otherwise or if, in the absolute discretion of Explore Beyond, there is a likelihood of any such event occurring which may impact upon the safety of the participants, or if an act or omission of a third party prevents the trip or the aspect of the trip being undertaken in accordance with your booking or for any other reason considered necessary by Explore Beyond.
  
  In the event of any change, modification, cancellation, postponement or delay under this condition, the client acknowledges that he or she will have no right of refund of the trip price (whether in whole or in part) and no right to claim compensation for any injury, loss or damage or other additional expenses incurred by virtue of the change, modification, cancellation postponement or delay. Explore Beyond also reserves, in its absolute discretion, the right to cancel any trip due to any government travel warning or advice, or any change in such warning or advice. In this event, the conditions under article d. set forth above applies as if the client has transferred or cancelled the trip at the date that Explore Beyond cancelled the trip due to the governmental travel warning or advice. Travel insurance may compensate the client depending on the circumstances.
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10. Itineraries and brochures

    Itineraries and other details are published in good faith as statements of intention only and reasonable changes in the itinerary and related items may be made where deemed necessary or advisable by Explore Beyond.
    
    The information contained in Explore Beyond' brochures, itineraries, and internet site is, to the best of Explore Beyond’s belief, correct at the date of publishing.
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11. Insurance

    Personal travel insurance is not included in the trip price. It is a condition of booking a trip with Explore Beyond, and the client’s sole responsibility to ensure that he or she is adequately insured for the full duration of the trip in respect of illness, injury, death, loss of baggage and personal items and cancellation and curtailment. The client must provide evidence to Explore Beyond that he or she has obtained personal travel insurance. The client must ensure that his or her personal travel insurance covers all of the activities in which the client expects to participate during the trip.
    
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12. Proof of citizenship or information required for travel

    It is the client’s responsibility to obtain proper identification or proof of citizenship as required by the authorities of the destination to which the client is traveling. The client will not be entitled to a refund if the client is denied boarding or entry on any basis, including without limitation, improper documentation or failure to provide information.
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13. Airlines and other transport providers

    Any material published by Explore Beyond, the Booking Form and these General Terms and Conditions is not issued on behalf of, and does not commit, any airline whose services are used or proposed to be used in the course of the expedition. In the event that an airline's proposed travel or fare schedule is amended or cancelled, such amendment or cancellation will not be considered a cancellation of the tour by Explore Beyond. Any flights or other transport forming part of the tour arrangements are subject to the conditions of the carrying airline or other transport entity, which in most cases limits the airlines' or other transport entity's liability to passengers in accordance with applicable international law and conventions. The liability of Explore Beyond, any airline, or other transport provider is limited so far as possible by the following conventions: Warsaw Convention 1929, as amended by the Hague Protocol and Montreal Protocol in relation to air travel; or Montreal Convention 1999; the Berne Convention for rail travel 1980; Athens Convention 1974 for carriage by sea; and the Geneva Convention for carriage by road 1978.
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14. Trip prices

    Package prices are based on ground costs, fuel prices, airfares, exchange rates and assumptions made at the time of launching the website. Explore Beyond tries its utmost not to increase trip prices (in full or part), however sometimes increases are outside its control. Explore Beyond reserves the right to amend trip prices (or any part) without notice at any time before and including the departure date. Amendments may be necessitated for many reasons including, but not limited to, exchange rate fluctuations, increased fuel costs, airfares, airport charges, increases in ground operator service fees, or the need to engage alternative air or ground operators. Any increase in tour prices must be paid prior to the departure date.
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15. Exclusions from trip price

    Without limitation, the following items are excluded from the trip price:
    • personal travel insurance;
    • visa, passport and vaccination charges;
    • transportation to or from the trip;
    • departure, airport and airline taxes;
    • extra meals, transport costs, accommodation costs, or other expenses not included in the itinerary;
    • laundry, postage, personal clothing, medical expenses & items of a personal nature;
    • emergency evacuation and/or emergency search charges;
    • additional expenses caused by delay, accidents or disruption of planned itineraries; and tips, onboard beverages and excess baggage charge
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16. Force Majeure

    If Explore Beyond is prevented (directly or indirectly) from performing any of its obligations under these General terms and Conditions and agreement by reason of act of God, strikes, trade disputes, fire, breakdowns, interruption of transport, government or political action, acts of war or terrorism, acts or omissions of a third party or for any other cause whatsoever outside Explore Beyond reasonable control, Explore Beyond will be under no liability whatsoever to the client and may, at its option, by written notice to the client, either cancel the tour or take any other action.
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17. Assumption of Risk

    The client acknowledges that:
    
    • by the very nature of trip/expeditions and adventure travel, Explore Beyond’s trips/expeditions are more challenging and demanding with a commensurately higher level of risk compared with conventional holidays, and involve potential exposure to injury and possibly death;
    • in the countries and regions in which adventure travel is undertaken, standards of accommodation, transport, health care, hygiene, safety and service provision generally are often not as high as those standards in the client’s country of residence and may require flexibility and patience on his or her part;
    • operational control of the trip may be in the hands of a third party and that the client’s right of action in regard to any shortcomings of that third party’s performance is against the third party and not against Explore Beyond;
    • the additional dangers and risks associated with adventure travel may include difficult and dangerous terrain, high altitude, extremes of weather, including sudden and unexpected changes, political instability, remoteness from normal medical services and from communications; and evacuation difficulties in the event of illness or injury;
    • the enjoyment and excitement of adventure travel is derived in part from the inherent dangers and risks associated with adventure travel and those inherent dangers;
    • the client has submitted his or her booking for the expedition after giving due consideration of relevant travel information including, without limitation, any relevant information or advice given by his or her Government, and that it is the client’s responsibility to acquaint his- or herself that information or advice, and for the above reasons the client therefore accepts the inherent and increased dangers and risks associated with the proposed adventure trip and the accompanying risk of injury, death or property damage or loss.
      
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18. Disclaimer

    The client accepts that:

    • Explore Beyond is cooperating with third-party tour operators and accepts no liability for the acts or omissions of those third-party tour operators;
    • Explore Beyond will not be liable for any breach of any law by any person with whom the client travels on the expedition;
    • The client may not rely on any representations concerning the trip made by Explore Beyond which are not contained in these conditions.
      
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19. Release and Waiver of Liability

    • In consideration of Explore Beyond accepting the client’s booking application and in consideration of the client being permitted by Explore Beyond to join the trip or expedition to the extent permitted by law:
      
    • the client releases, waives, discharges, holds harmless and agrees to indemnify Explore Beyond and its officers, employees, agents, licensees, guides and other representatives and the land management authorities in the countries in which the trip is conducted (each of whom are collectively referred to as “Explore Beyond and its employees”) from all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services, loss of profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during the client’s travel in connection with the trip or any activities conducted in conjunction there within unless caused by the willful negligence or wrongful act of Explore Beyond and its employees. Therefore the client is due to undersign a separate document that is and will be unconditionally part of these General Terms and Conditions. The before mentioned separate document will be the release of claims, waiver of liability, assumption of risk and indemnity agreement of the client in relation to Explore Beyond and it’s releases.
    • regardless of the situation or circumstances giving rise to the claim, the client waives any claims the client has, or may have at any time, against Explore Beyond and its employees and the client agrees, by accepting the additional inherent dangers and risks associated with the trip/expedition, not to make any claim against or seek any compensation from Explore Beyond and its employees in respect of any personal injury, illness or death suffered by the client or damage to or loss of property sustained by the client as a result of the client’s participation in the trip/expedition.
      
      
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20. Miscellaneous

    A party will not be deemed to have waived any of its rights or remedies under these General Terms and Conditions or at law by allowing any time or indulgence or by not exercising any right or remedy arising out of any default by the other party. If any part of a condition is illegal, unenforceable or invalid, it is to be treated as removed from the conditions; however, the remainder of the conditions are not altered.
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21. Jurisdiction

    This agreement and the rights and obligations of the parties will be construed and take effect in accordance with and be governed by the laws of Uruguay. Should any conflict arise out of the application of the present contract, the Court of Uruguay will, at the exclusion of any other jurisdiction, proceed with all claims arising out of the contract.

The client is kindly but explicitly asked and recommended to please read the General Terms and Conditions carefully. In completing and submitting the Booking Form, the client agrees to be bound by these General Terms and Conditions which constitutes the agreement between Explore Beyond and the client. These General Terms and Conditions apply to the exclusion of any other terms or conditions unless they are set out in the Booking Form or are otherwise agreed to in writing by the contracting parties. Previous dealings between those parties will not vary these General Terms and Conditions. No purported variation of these General Terms and Conditions will be effective unless in writing and signed by a person so authorized by Explore Beyond.