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Terms and Conditions

G Adventures

These Terms and Conditions apply to any travel products and/or services you have booked with or purchased from G Adventures, and govern the contractual relationship between you and G Adventures with respect to any such travel products and/or services (hereinafter, the “Products”). Please read these Terms carefully as by booking any Product with G Adventures, or by travelling on a G Adventures tour 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 named 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 G Adventures with respect to the subject matter thereof and supersedes all prior agreements, representations and understandings of the parties, written or oral.

Conditions of Carriage: All Clients booking any Product which includes or involves any carriage by sea, by booking such Product acknowledge and agree that they have carefully read and understand these Terms and Conditions and G Adventures’ Conditions of Carriage, that are expressly incorporated into this contract where any Client purchases or travels on a Product including or involving carriage by sea.

1. THE BOOKING CONTRACT

A booking is confirmed and these Terms shall apply when G Adventures, or an authorized agent acting on G Adventures’ behalf, have received the applicable deposit from the Client and the Client has received written confirmation from G Adventures 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 G Adventures 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 G Adventures 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 G Adventures 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 G Adventures.

At any time before a booking is confirmed, G Adventures reserves the right to increase or decrease brochure prices of any Products. G Adventures or their agents reserve the right to decline any booking, in their sole discretion.

2. MEDICAL FORM

All Clients are obligated to review the G Adventures Medical Information form, as provided by G Adventures. If you have difficultly completing the Medical Form or are unsure about how to respond to any of the questions, please have the form reviewed by a competent medical practitioner. G Adventures cannot offer advice of a medical nature. If a Client(s) indicates on the Medical Form that they have any pre-existing medical conditions (as defined on the Medical Form), that Client must return a Medical Form, duly signed by a licensed, competent and practicing physician, to G Adventures prior to or in conjunction with that Client’s final payment in respect of the applicable booking. All Clients travelling on the MS Expedition or on any other trip designated by G Adventures as an “Expedition Trip” (together, “Expedition Trips”) must return a Medical Form, duly signed by a licensed, competent and practicing physician, to G Adventures prior to or in conjunction with that Client’s final payment in respect of the applicable booking. The Client acknowledges that they understand that the honest completion of the Medical Form is critical, partially because the destinations visited on G Adventures’ Products may be remote, isolated, and far removed from medical care facilities, or may not have facilities of the standard the Client is accustomed to in their home country. The Client therefore agrees to complete the medical form honestly, accurately and represents and warrants to G Adventures that they will disclose all medical history and information accurately and fully. G Adventures will review the information submitted, and will maintain the information in strict confidence, in accordance with the G Adventures Privacy Policy. G Adventures reserve the right to request proof or further information or professional medical opinions in certain instances where it is deemed in the best interests of the Client or necessary for the safe operation of the Products. In the event there is a dispute between G Adventures and the Client in regard to the Clients’ physical or mental suitability for a trip, the matter will be referred to a medical professional at the Client’s sole expense. G Adventures reserves the right to deny any Client permission to travel or participate in a Product where G Adventures, acting reasonably, deems necessary with regard to the health and safety of the booking Client, any other Clients travelling with G Adventures, or G Adventures staff or representatives, and may use information provided in the Medical Form, expert opinions, and other information in formulating such decision. G Adventures will provide a written explanation for any such decision upon request from the Client. In the event the Client has made a booking with G Adventures and subsequently is unable to complete the required medical form for any reason by the deadline indicated above, G Adventures reserves the right to treat such Client’s booking as cancelled, and all applicable cancellation fees shall apply.

3. MEDICAL CONDITIONS AND SPECIAL REQUIREMENTS

All Clients should consult their physician regarding their fitness for travel, and adventure travel in particular. G Adventures 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 G Adventures. G Adventures does not provide medical advice. In addition to the obligation to review, and if applicable, complete the Medical Form described above, Clients must notify G Adventures 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 G Adventures. 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. G Adventures may refuse to carry pregnant women over 24 weeks or Clients with certain conditions, if suitable accommodation or alternate Products or services cannot be arranged. Adventure travel, as offered by G Adventures, 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 G Adventures operates varies and G Adventures makes no representations and gives no warranties in relation to the standard of such facilities or medical treatment in those regions. G Adventures will endeavor 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 G Adventures and G Adventures 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 Products and/or G Adventures trips an adult Client over the age of 18 must accompany every 2 Minor Clients (defined as Clients under the age of 18). The ratio of adult Clients to Minor Clients traveling together must be one adult Client to every two Minor Clients. Unless otherwise indicated in the tour description, or otherwise by G Adventures, the minimum age for Clients travelling on tours is 12 years. To travel on a G Adventures-designated “YOLO” tour, Clients must meet the minimum age requirement of 18 years of age as of the date of travel, along with other applicable age restrictions as promulgated from time to time by G Adventures. All Minor Client bookings are subject to review and approval by G Adventures. G Adventures 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 G Adventures) by the Minor Client’s parent or legal guardian and must be received by G Adventures along with or prior to the final payment made in respect of the Minor Client’s booking.

Inca Trail Requirements: In order to travel on or participate in any Product which involves passage on the Inca Trail in Peru, Clients must provide complete details as requested by G Adventures to obtain any requisite Inca Trail permits, which information shall include the Client(s)’ full name and passport number and expiry date, as appearing in the passport that the Client will be traveling with, as well as the Client’s date of birth and nationality. Any inaccuracies or failure to provide complete information with respect to Inca Trail permits may result in failure to secure such Inca Trail permit. G Adventures will not be held responsible for any fees levied on the Client as a result of inaccuracies, late, misplaced, or otherwise incomplete or ineligible applications for Inca Trail permits resulting from the information provided by the Client.

Family Tour Requirements: In order to book any Products designated on G Adventures website, in relevant brochures, or otherwise indicated by G Adventures to be a “Family Tour”, 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. G Adventures 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. G Adventures reserves the right to cancel the booking of any Clients travelling or purporting to travel on a Family Tour who, in its sole discretion, do not properly constitute a Family Unit in accordance with this section or otherwise do not meet G Adventures’ requirements of participation in a Family Tour.

4. CURRENCY

The currency applied to the Client’s booking will be determined by G Adventures, in consideration of the booking location of the Client. The Client will be advised of the applicable currency prior to making any payment to G Adventures.

5. QUOTE FEES AND ADMINISTRATIVE FEES

Quotes provided to Clients regarding the Independent and Tailor Made line of Products are subject to a non-refundable administrative Quote Fee, please ask your travel counselor for more information. Should the booking be confirmed, this amount will be deducted from the final payment owing to G Adventures by that Client. G Adventures also reserves the right to apply other Administrative Fees at its discretion to certain bookings which require a higher level of service or additional support. Such administrative charges will be communicated to the Client by G Adventures prior to being applied to such Client’s account.

6. DEPOSITS

(a) Tours and Independent Tours: At time of booking any Product a non-refundable deposit of USD$250 per person per tour is due from the Client to G Adventures. If the booking is made 60 days or less prior to departure, full payment is due at the time of booking. The non-refundable deposit and signed Medical Form, if applicable, should be sent to G Adventures or to the authorized Agent through whom the Client has booked, depending on the original form of booking. G Adventures-designated FIT tours, or certain Products combined with other forms of Products may require a higher deposit or full payment at the time of booking, which will be advised prior to the confirmation of such booking.

(b) Expedition Trips: For any Clients traveling on Expedition Trips a non-refundable deposit of USD$750 per Client per Product booked is due at the time of booking of such Expedition Trip. If any booking on an Expedition Trip is made 90 days or less prior to the departure of such trip, full payment is due at the time of booking. The non-refundable deposit and signed Medical Form should be sent to G Adventures or to the authorized Agent through whom the Client has booked, depending on the original form of booking.

(c) Lifetime Deposits: Should the Client cancel their booking (for any reason other than nonpayment or any other breach of these Terms), the deposit amount as defined in 6(a) or 6(b) above, will be held as a ‘Lifetime Deposit’ with G Adventures, subject to the full extent of these Terms. Lifetime Deposits have no expiry and may be applied, by the Client who originally made the cancelled booking in respect of which such Lifetime Deposit was originally received, towards payment of a deposit on another G Adventures Product. Any additional costs, such as permit costs above the deposit amount are subject to different terms and conditions and do not form part of such Lifetime Deposit. The Lifetime Deposit has no cash value and is non-transferable. Only one Lifetime Deposit may be applied per Client, per Product booked. All Lifetime Deposits must be applied to a new Product booking that is of equal or greater value than the Product in respect of which such Lifetime Deposit was originally received. A Lifetime Deposit may not be applied to the same or similar dates of travel or a Product at a price lower than the Product which was cancelled and/or in respect of which the Lifetime Deposit was originally received.

7. FINAL PAYMENT SCHEDULE/ACCEPTANCE OF BOOKING/CLIENT DETAILS

Tours and Tailor Made Tours:
(a) Final Payment: Clients should refer to the confirmation invoice sent by G Adventures and/or its authorized agent 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 (excluding Expedition Trips and FIT or custom-tailored Products) 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, G Adventures 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 G Adventures’ 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 G Adventures (including all Products and Expedition Trips) the Client must provide all necessary information as requested by G Adventures 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 G Adventures reserves the right to treat such booking as cancelled and levy any cancellation fees deemed reasonable by G Adventures, in its sole discretion. The information required from each Client will vary tour by Product purchased, and the requirements will be communicated to the Clients, or to G Adventures’ authorized agent, during the booking process.

(c) Credit Card Charges: G Adventures 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 G Adventures.

Expedition Trips
(a) Final Payment: Clients should refer to the confirmation invoice sent by G Adventures and/or its authorized agent and/or their applicable confirmation email for details regarding final payment for any Expedition Trips booked. Payment of the full amount due for any Expedition Trip is due 90 days before the departure date of the first Product to depart (of the Products included in the relevant booking that includes the Expedition Trip). If full payment is not received by such due date, G Adventures may change the rate payable for the Expedition Trip, or may treat the booking of such Expedition Trip as cancelled and shall retain the deposit paid on booking as a cancellation fee, at G Adventures’ sole discretion. If a Product is booked less than 90 days before the departure date of the first Product to depart (of the Products included in the booking which includes the Expedition Trip), the full amount is payable at the time of booking in order for the booking to be confirmed. If, for any Expedition Trip, 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) Repositioning Cruises: At its discretion G Adventures may offer reduced pricing on designated ‘Repositioning’ cruises. Clients booking on such cruises acknowledge the schedule of Repositioning cruises are subject to weather, technical, mechanical, and other delays. This means the itinerary may need to be adjusted from time-to-time, in G Adventures’ sole discretion. G Adventures reserves the right to delay published departure date by 24 hours and/or published arrival date of such cruises by 24 hours with no penalty payable to the Client. G Adventures strongly advises that Client’s connecting flights and other reservations be made to account for such necessary flexibility. Should the departure and/or arrival times or dates be adjusted to by up to 24 hours G Adventures is not liable for any costs directly or indirectly incurred by any Client as a result of such changes.

9. CANCELLATION BY THE CLIENT

Any cancellation of a booking and/or a Product by a Client must be delivered to G Adventures in writing and be acknowledged by G Adventures in writing. The applicable cancellation fees shall be determined with reference to the date on which the request to cancel is received by G Adventures or its Agents and are expressed hereinafter as a percentage of the total price paid for the cancelled Product, excluding any insurance products.

(a) Cancellation for Tour Product and Independent Tour Product:

  • i) Cancellation received 60 days or more before departure of first Product to depart in relevant booking: Lifetime Deposit shall be held by G Adventures in accordance with the terms hereof, the remainder of the payments made by the Client to G Adventures in respect of the cancelled Product shall be refunded to the Client.
  • ii) Cancellation received 59-30 days before departure of first Product to depart in relevant booking: Lifetime Deposit shall be held by G Adventures in accordance with the terms hereof, an amount equal to 50% of the remainder of the payments made by the Client to G Adventures in respect of the cancelled Product shall be refunded to the Client.
  • iii) Cancellation less than 30 days before departure of first Product to depart in relevant booking: Lifetime Deposit shall be held by G Adventures in accordance with the terms hereof, and no further refund shall be payable to the Client. Custom or FIT trips may be subject to alternative cancellation terms, which will be communicated to applicable Clients at the time of booking.

(b) Cancellation for Expedition Trips:

  • i) Cancellation 90 days or more before departure of first Product to depart in relevant booking: Lifetime Deposit shall be held by G Adventures in accordance with the terms hereof, the remainder of the payments made by the Client to G Adventures in respect of the cancelled Product shall be refunded to the Client.
  • ii) Cancellation 89-60 days before departure of first Product to depart in relevant booking : Lifetime Deposit shall be held by G Adventures in accordance with the terms hereof, an amount equal to 50% of the remainder of the payments made by the Client to G Adventures in respect of the cancelled Product shall be refunded to the Client.
  • iii) Cancellation less than 60 days before departure of first Product to depart in relevant booking: Lifetime Deposit shall be held by G Adventures in accordance with the terms hereof, and no further refund shall be payable to the Client.

(c) Cancellation of Package Travel: Please refer to Section 29.

(d) Cancellation of Arrival Transfers, Pre and/or Post Night Accommodations and My Own Room:

  • i) Cancellation 31 days or more before departure: Clients shall receive a full refund in respect of cancelled Arrival Transfers, Pre and/or Post Night Accommodations and My Own Room.
  • ii) Cancellation 30 days or less before departure: No refund shall be payable in respect of any cancelled Arrival Transfers, Pre and/or Post Night Accommodations and My Own Room.

(e) Cancellation of Pre/Post Cruise Add-Ons (including Transfers, Pre and/or Post Cruise Accommodations, and/or flights booked with Expedition Trips):

  • i) Cancellation 90 days or more before departure of first Product to depart in relevant booking: All payments made by the Client to G Adventures in respect of the cancelled Pre/Post Cruise Add-On shall be refunded to the Client.
  • ii) Cancellation 89-60 days before departure of first product to depart in relevant booking: an amount equal to 50% of the payments made by the Client to G Adventures in respect of the cancelled Pre and/or Post Cruise Accommodations shall be refunded to the Client.
  • iii) Cancellation less than 60 days before departure of first Product to depart in relevant booking: no refund shall be payable to the Client in respect of the cancelled Pre and/or Post Cruise Accommodations.

(f) Cancellation of Kayaking, Camping, and Theme Packs:

  • i) Cancellation 31 days or more before departure: Client shall receive a full refund in respect of cancelled Kayaking, Camping, and/or Theme Pack.
  • • ii) Cancellation 30 days or less before departure: No refund shall be payable in respect of any cancelled Kayaking, Camping, or Theme Pack.

10. CANCELLATION OF A TOUR BY G ADVENTURES

G Adventures will not cancel a booking on any Tour Product (with the exception of Expedition Trips – please refer to G Adventures Conditions of Carriage for policies regarding the cancellation of Expedition Trips) once confirmed, 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 G Adventures. When a tour is cancelled by G Adventures 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 G Adventures a substitute tour Product of equivalent or superior value, where such substitute is reasonably available; or
  • (ii) accepting from G Adventures a substitute tour of lower value if no tour of equivalent or superior value is reasonably available, and to recover from G Adventures the difference in price between the price of the tour originally purchased and that of the substitute tour; or
  • (iii) accept from G Adventures a full refund of all monies paid for the cancelled tour Product(s).

G Adventures 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. G Adventures 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, G Adventures 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, G Adventures will provide the Client a refund of unused Products or Product portions.

11. UNUSED SERVICES

Neither G Adventures 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 G Adventures, its agents, or representatives, which shall include any termination of the Client’s participation in the tour Product due to the Client’s own fault, negligence or breach of these Terms.

12. PRICES, SURCHARGES AND TAXES

Due to the nature of Adventure 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 G Adventures to the Client, G Adventures 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). G Adventures 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 G Adventures 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 G Adventures 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.

Tours 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.

13. VALIDITY

The prices of Products advertised in G Adventures’ brochures and on the G Adventures website are based on costs in effect at time of printing the brochure or posting to the website. G Adventures 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 G Adventures brochure or on the G Adventures website before a contract is concluded, and such changes, revisions or amendments shall be incorporated herein as of the date of such amendment.

14. FLEXIBILITY

The Client acknowledges by booking a Product and/or agreeing to travel with G Adventures 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 G Adventures. 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 G Adventures.

15. CHANGES

(a) Changes made by G Adventures: While G Adventures 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 G Adventures, in its’ sole discretion. If G Adventures makes a Material Change (defined as a change affecting at least one in three full tour days of the itinerary, or which materially affects the character of the Product in its entirety) to any Product, G Adventures 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 G Adventures 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 G Adventures.

Once a Product tour 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 G Adventures Tour 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 G Adventures shall not be liable for any Client’s failure to prepare adequately for their travel and unforeseen circumstances which may arise during such travel.

G Adventures will not be liable for any indirect and or consequential losses associated with any changes to a Product’s itinerary.

(c) Changes made by the Client: Client may contact G Adventures through 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 G Adventures in making their booking is accurate, up-to-date, and correct. A transfer from one Product tour 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 Expedition Trips) and such transfer must be approved by G Adventures. If such a request is accepted by G Adventures, G Adventures reserves the right to charge up to the deposit amount of the first booked tour. Any request to transfer received less than 60 days, (90 days for Expedition 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 G Adventures’ approval and applicable Administrative Fees may apply, which will be payable by the Client.

(d) Other Changes: Any changes to a file will depend on availability and will be on a request basis and subject to G Adventures’ 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.

16. AIRFARE

Product tour prices do not include international air fare or any other flights unless expressly mentioned in the inclusions.

(a) Quotes: All quotes are in Canadian dollars, unless otherwise stated. G Adventures 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 G Adventures.

(b) Options: The Client may hold an option on a flight with G Adventures. 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, G Adventures 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 G Adventures 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 G Adventures’ 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. G Adventures 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: G Adventures is not responsible for any additional expenses or loss that may arise from airline, airport or weather delays. G Adventures will not reimburse for any additional expenses incurred by the Client as a result of such events or delays. G Adventures 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.

17. ACCEPTANCE OF RISK

The Client acknowledges that the nature of Product tours is adventurous and may involve a significant amount of risk to Clients’ health and/or safety. The Client hereby assumes all such risk and does hereby release G Adventures from all claims and causes of action arising from any damages or injuries or death resulting from these risks inherent in travel, visiting foreign destinations, and participating in adventurous activities such as those included in Product itineraries.

Accommodation, transportation, activities and excursions, and other components of G Adventures’ Products will be arranged by G Adventures with suppliers local to the region where the Product operates, who may themselves engage the services of local operators and/or sub-contractors. Standards of hygiene, accommodation and transport in some countries where Product tours take place are often lower than comparable standards than what the Client may reasonably expect in their home country or region. G Adventures at all times endeavors to appoint reputable and competent local suppliers and to comply with all applicable laws and regulations concerning health and safety in the regions where Product tours operate. The terms and conditions of all suppliers of Product components will be applicable to the Product component provided by such supplier and are expressly incorporated into these Terms and Conditions. These may limit or exclude liability of the supplier. The liability of G Adventures will not exceed that of any supplier of any Product component. The components that make up each Product tour shall be regarded as having been satisfactorily performed and delivered solely in reference to the regulations and laws concerning health and safety in the applicable jurisdiction where such component is operated.

Expedition Trips: The Vessel used in Expedition Trips carries onboard service providers who operate as independent contractors. Their services and products are charged as extras. Neither G Adventures nor the Carrier is responsible for their performance or products. These contractors may include doctor, medical personnel, hairdresser, manicurist, masseuse, photographer, entertainer, fitness instructors, spa personnel, beauticians, internet/I.T. personnel or other instructional concessionaires, art or other auctioneers, shopkeepers and others providing services. The limitations referred to in clause 27 below shall apply to all independent contractors. These contractors work directly for the Client when performing their services. Neither G Adventures nor the Carrier is responsible for any such person's acts or omissions in providing goods or services to the Client. The independent contractors on Expedition Trips, including Shore Excursion providers, do not at any time act as agents or representatives of G Adventures or the Carrier. Neither G Adventures nor the Carrier controls any such independent contractors, makes no representation of any kind as to their performance and does not undertake to supervise their activities. Any Client using such services or activities shall be deemed to agree and consent that any liability for any death, personal injury, illness, emotional distress, mental suffering or psychological injury to the guest or loss of or damage to property shall be the sole responsibility of the provider of such service or activity. Shore Excursions on Expedition Trips are subject to their own set of Terms and Conditions, separate and apart from these Terms, and may be reserved after an Expedition Trip has been booked and confirmed. G Adventures will endeavor to appoint reputable and competent local operators who apply the local laws and regulations of the relevant country. Shore Excursion operators are not G Adventures’ servants, agents or suppliers. G Adventures is not responsible and will have no liability whatsoever for any acts or omissions of the local Shore Excursion operators. G Adventures does not operate, perform or otherwise organize and/or audit any shore excursions. All Clients must ensure that they are fit and healthy to undertake Shore Excursions. All Shore Excursions are governed by the terms and conditions of the Shore Excursion providers.

18. AUTHORITY ON TOUR & CLIENT RESPONSIBILITY

At all times the decision of G Adventures’ Tour Leader or other designated representative will be final on all matters regarding safety and well being of Clients and operational requirements of the Product tour. By travelling with G Adventures, the Client agrees to abide by the authority of the Tour 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 tour. 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 tour being booked, the ability to travel or enjoyment of any other Clients on the Product tour, or the treatment to be administered to the Client in any emergency situation, the Client must advise G Adventures at the time of booking and complete a medical form provided by G Adventures, along with any other documents reasonably requested by G Adventures to ensure the health and safety of all Clients who travel with G Adventures.

Should the Client fail to comply with the above or commit any illegal act when on the tour or, if in the opinion of the Tour Leader (in his/her and/or G Adventures’ sole discretion), the Client’s behavior is causing or is likely to cause danger, distress or material annoyance to others, G Adventures may terminate that Client’s travel arrangements on any Product immediately without any liability on G Adventures’ 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 G Adventures, G Adventures’ suppliers or G Adventures’ 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 Tour. 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 G Adventures’ 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 G Adventures Tour, 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. G Adventures shall not be liable for any failure on the Client’s part to comply with this paragraph.

19. GUARANTEED DEPARTURES

G Adventures guarantees all scheduled Product tour departures displayed on their website (www.gadventures.com) shall depart as scheduled (subject to reasonably itinerary changes as contemplated elsewhere in these Terms). Brochures, and other printed materials displaying tour information and departure dates are subject to change, and such dates are excluded from this guarantee. A departure shall become guaranteed once at least one Client has 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.

20. TRAVEL DOCUMENTS

(a) Valid Passport: The Client is entirely responsible for securing and must be in possession at all times while on a Product tour 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 tour, 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 G Adventures), 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 tour itinerary. The Client accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the Product tour, 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 G Adventures 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 G Adventures regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the Client, and G Adventures 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 upon receipt of full payment by G Adventures. G Adventures 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, as minor changes may have been made since the tour documents were originally provided by G Adventures.

21. FORCE MAJEURE

G Adventures 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 G Adventures 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 G Adventures; or an event which G Adventures or the supplier of services, even with all due care, could not foresee.

22. INSURANCE

CLIENT ACKNOWLEDGES THAT IT IS MANDATORY 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 G Adventures and this insurance must cover personal injury and emergency medical expenses. On the first day of each Product tour, a G Adventures Tour Leader or other G Adventures representative will verify that all Clients have such insurance in place and coverage as per the required amounts above. 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.

G Adventures shall have no liability for loss, theft of or damage to baggage or personal effects of Clients while participating in a Product tour. 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. G Adventures 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 G Adventures 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 any insurance coverage for such Client, and that the Client is required to obtain separate coverage at an additional cost to the Product tour 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 G Adventures Product.

23. DISCOUNTS AND PROMOTIONS

All discounts and any reduced pricing and/or promotional benefits are applied at G Adventures’ sole discretion. From time-to-time G Adventures may offer reduced pricing on selected Product tours. 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 G Adventures) are not entitled to the reduced pricing. Clients agree that if they have previously cancelled a booking in their name for a Product, they shall not be entitled to re-book on the same or any similar Product tour with the amount of their Lifetime Deposit from the cancelled Product applied, or with any promotion or discount applied, even in the event that they may appear otherwise entitled to such discount. The 5% discount offered to Clients by G Adventures in certain instances for completing post trip evaluations cannot be applied to “Independent” designated Product tours, and cannot be combined with other offers or discounts provided by G Adventures.

24. CLAIMS AND COMPLAINTS

Client agrees to bring any complaints regarding a Product to G Adventures as soon as possible in order to provide G Adventures with the opportunity to address such complaint properly. Client agrees to inform the Tour Leader or other designated G Adventures representative at the earliest opportunity, or to the G Adventures local Office Manager at the nearest location to the applicable Product tour, or to G Adventures’ Customer Service department directly. G Adventures assumes no liability for complaints that are not properly brought to the attention of G Adventures with sufficient notice for G Adventures to resolve or attempt to resolve any Client complaints. Any complaint made after the completion of a Product tour must be received in writing by G Adventures via its Agents or directly to the head office within 30 days of the end of the tour. Client acknowledges and agrees that G Adventures will not accept any liability for claims received after this period.

25. 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 G Adventures 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 G Adventures strongly encourages that Clients locate or make contact with his/her local embassy or consulate in each destination prior to departure on any G Adventures Product.

26. 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 tour or Product. Client agrees that any assistance given by G Adventures’ Tour Leaders or other G Adventures’ representative in arranging, selecting, or booking, any Optional Extras is purely at the request of the Client, and G Adventures 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 G Adventures representative or Tour Leader regarding any Optional Extras. Accordingly, the Client hereby releases G Adventures from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to Optional Extras.

27. LIABILITY

G Adventures 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 G ADVENTURES 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 G Adventures or of the third-party suppliers of any services which form part of the Contract then G Adventures limits its liability, where applicable by all applicable International Conventions Carriage of Clients and their luggage by sea is governed by the Athens Convention which is expressly incorporated into these Terms & Conditions and any liability of G Adventures and/or the Carrier for death or personal injury or for loss or damage to luggage arising out of carriage by sea shall be determined solely in accordance with this Convention. The Athens Convention limits the Carrier’s liability for death or personal injury or loss or damage to luggage and makes special provision for valuables. It presumes that luggage has been delivered undamaged to the Guest unless written notice is given to G Adventures and/or the Carrier.

a) in the case of apparent damage, before or at the time of disembarkation or redelivery; or

b) in the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place. Any damage payable by G Adventures up to the Athens Convention limits shall be reduced in proportion to any contributory negligence by the Client and by the maximum deductible specified in Article 8 (4) of the Athens Convention. Copies of the Athens Convention are available from G Adventures on request.

In so far as G Adventures may be liable to a Client in respect of claims arising out of carriage by sea, G Adventures shall be entitled to all the rights, defenses, immunities and limitations available, respectively, to the actual carrier and under the relevant Conventions, and nothing in these Terms shall be deemed as a surrender thereof. To the extent that any provision in these Terms is made null and void by the Athens Convention or any legislation compulsorily applicable or is otherwise unenforceable, it shall be void to that extent but not further. G Adventures’ liability will not at any time exceed that of the carrier under its Conditions of Carriage and/or applicable or incorporated conventions or other legislation. Any liability in respect of death and personal injury and loss of and damage to luggage which G Adventures may incur to the Client, whether under the contract with the Client in accordance with these Terms or otherwise, shall always be subject to the limits of liability contained in the Athens Convention for death/personal injury. Notwithstanding anything to the contrary elsewhere in these Terms, G Adventures shall not in any circumstances be liable to Clients for any loss or anticipated loss of profit, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature. For claims not involving personal injury, death or illness or which are not subject to the Conventions referred to above, any liability G Adventures may incur for the negligent acts and/or omissions of its suppliers shall be limited to a maximum of the price which the Client paid for the Product, not including insurance premiums and administration charges. Where this relates to loss of and/or damage to luggage and/or other personal possessions then G Adventures liability will not exceed $1,000. G Adventures will not at any time be liable for any loss of or damage to valuables of any nature. The Client agrees that they shall be precluded from making a double recovery by making the same claims and seeking recovery against G Adventures and its suppliers, contractors or other third parties.

28. SUPPLIERS

Hotels, shuttle services or other constituent elements of a Product will be arranged by G Adventures 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. G Adventures 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 G Adventures will not exceed that of any supplier. All suppliers will be selected and assessed by G Adventures in reference to local laws and regulations in the relevant country of operation. Neither G Adventures nor any carrier is liable for the acts or omissions of any independent contractors.

29. PACKAGE TRAVEL

(a) Definition: “Package Travel” is any combination of transport and land services booked at the same time and which is offered by G Adventures 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 a “Package” for the purposes of this section but defined as “Other Arrangements”. Packages include items as 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 Package Travel and all Clients purchasing or travelling on Package Travel with G Adventures hereby agree to be bound by such Terms.

(b) Applicable offer: Packages are only available for return trips departing from United States or Canadian mainland airports. Packages are offered for booking in US Dollars and Canadian Dollars only.

(c) Booking: All Packages 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 Package Travel Products may be more than those outlined herein, and in such circumstances the deposit amount will be advised to the Client prior to booking. G Adventures will advise the Client of the final balance amount payable in respect of any Package Travel 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. All Package Travel is eligible for Lifetime Deposits are per the Lifetime Deposit provisions of these Terms.

(e) Alterations and/or cancellations by the Client: No name changes may be made once the booking is in place for any Package Travel. While G Adventures 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 G Adventures receives the cancellation notice in writing from the Client. Any changes to a Package Travel 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. G Adventures will advise of such charges at the time as the change is requested. In the event of a Package being cancelled before receipt of full payment, the deposit amount shall be retained by G Adventures as a Lifetime Deposit in accordance with these Terms. All Packages cancelled after full payment is received shall be subject to cancellation charges and any applicable administrative fees. At the time any cancellation is requested, G Adventures 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 G Adventures also reserve the right to add en route stops to any flight. The Client agrees that G Adventures 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 G Adventures 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 package is cancelled after the departure date of the outbound flight, or if the Client leaves a Product tour which is already in progress, no refund for any unused portion of the Package will be provided by G Adventures.

(h) Special Requests: G Adventures cannot guarantee specific requests such as room location, adjoining rooms, bed preference, in-flight meal requirements, sky cots or any other request. While G Adventures 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.

30. SEVERABILITY

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.

31. CONTRACT PARTIES, SUCCESSORS AND ASSIGNS

These Terms and Conditions shall inure to the benefit of and be binding upon G Adventures 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.

G Adventures, G Adventures Inc., exists under, and is pursuant to, the laws of Barbados with its registered office being Chancery House, High Street, Bridgetown, Barbados.

32. APPLICABLE LAW

The Contract and these Terms and Conditions are subject to the laws of Ontario, Canada and all Clients submit to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada for the resolution of any dispute under these Terms or concerning a Product.

33. PRIVACY POLICY

G Adventures must collect personal information from Clients in order to give effect to any booking, to deliver the Products and any collateral services, to assist in evaluating such Products. G Adventures takes care to safeguard all Client information and protect the privacy of all of our Clients. G Adventures collects, uses and discloses only that information reasonably required to enable us to provide the particular Product or service that you have requested, to maintain our customer/visitor lists and/or to respond to your inquiries or feedback and for other purposes further described in the G Adventure’s Privacy Policy, which is expressly incorporated into these Terms. In particular, G Adventures may share your information, as necessary, with our third-party suppliers and operators who deliver services or component parts of Product to Clients, in order to enable them to provide such products and services. All such third parties are bound by confidentiality obligations and shall treat all information received from G Adventures in accordance with our Privacy Policy. By submitting any personal information to G Adventures, Clients indicate their acceptance of the terms of G Adventures’ Privacy Policy. Please contact your travel counselor for additional information on G Adventures’ Privacy Policy.

34. ONLINE BOOKINGS

All on line reservations shall be deemed as booked in Canada, and shall be subject to Canadian law and jurisdiction.

35. IMAGES AND MARKETING

The Client agrees that while participating in any G Adventures Product tour (including, without limitation, Group/Independent travel, Expedition Trips, and Package Travel) images, photos or videos may be taken by other Clients and/or G Adventures representatives or Tour 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 G Adventures, 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.

36. REFUSAL OF SERVICE

G Adventures retains the right to refuse service to any Client at any time, for any lawful reason whatsoever, in its sole discretion.

37. AMENDMENTS

G Adventures reserves the right to update and/or alter these Terms at anytime, please ask your travel counselor for current Terms & Conditions. Any such amendment shall take effect 10 days following their posting to G Adventures’ website. Clients shall be deemed to have accepted any amendments to these Terms on the date that is 10 days after their posting on the G Adventures’ website. G Adventures recommends that all Clients refer to the Terms prior to their travel to familiarize themselves with the most up-to-date version hereof.

Conditions of Carriage

THESE CONDITIONS OF CARRIAGE GOVERN THE RELATIONSHIP, RESPONSIBILITIES AND LIABILITIES AS BETWEEN THE PASSENGER AND THE CARRIER AND ARE BINDING. THEY AFFECT YOUR LEGAL RIGHTS TO SUE, GOVERNING LAW, FORUM AND JURISDICTION AND CONTAIN CERTAIN LIMITATIONS OF LIABILITY, INCLUDING LIMITATIONS RESPECTING INJURY TO OR DEATH OF PASSENGERS AND LOSS OF OR DAMAGE TO LUGGAGE. PLEASE READ ALL OF THESE TERMS AND CONDITIONS CAREFULLY. BY ACCEPTING AND USING THIS TICKET, ALL PASSENGERS AGREE TO ACCEPT AND TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.

1. DEFINITIONS

"Ticket" means this entire document including all its terms and conditions of carriage. "Carrier" means the owner and/or any charterer and/or operator and/or manager of the Vessel or any other person, to the extent that it acts as carrier or performing carrier (in accordance with the definition provided in the Athens Convention).

"Luggage" means any property belonging to or carried by any Passenger brought on board the Vessel, including baggage, packages, suitcases, trunks, effects, articles, cabin luggage, hand luggage, articles worn by or carried by the Passenger, or deposited with the purser for safe custody, vehicles and any other property whatsoever. "Vessel" means the vessel named in the ticket, invoice, or other similar document issued by the Organizer or any substituted vessel owned and or chartered and or operated and or managed and or controlled by the Carrier. "Organizer" means the party with which the Passenger has entered into a contract for the cruise and/or a Package as defined under the Council Directive 90/314/EEC of 13 June 1990 on Package Travel, Package Holidays and Package Tours or other relevant legislation or regulations.

"Passenger" includes every person purchasing, accepting or using the ticket on their own behalf or on behalf of others in their care including minors and persons with a disability for whom a Passenger is responsible.

2. CRUISE TICKET

The cruise ticket includes the following services: all water transportation aboard the Vessel and the Vessel's tenders, ship accommodation, expedition leader and lecturers or local guides, lectures, videos, slide and film shows or other educational means, all meals, access to public viewing areas, and all shore excursions. The following items are not included in the cruise ticket: airfare and air taxes, passport, visa and custom fees, ground handling fees, ground transfer costs, additional hotel accommodation, laundry, postage, drinks, medical expenses, travel insurance, communication cost, and gratuities to staff and crew.

3. NON-TRANSFERABILITY

The Carrier agrees to carry the person(s) named on the ticket on the date and vessel for the specific voyage and cabin type indicated, or any substitute vessel, and is NOT TRANSFERABLE.

4. EMBARKATION

  1. The Passenger is required to be on board the Vessel at least one hour before departure or earlier if advised by Carrier. Enhanced security procedures may require additional time. At the time of embarkation the Passenger is responsible for having received all medical inoculations necessary for the voyage and having in his/her possession this Ticket, valid passport, visas, proof of insurance purchase and including adequate coverage (as per section 5), medical card and other documents necessary for scheduled ports of call and disembarkations. If Passenger fails to do so, then the Carrier shall have no further obligation to transport or to furnish transportation to Passenger.
  2. The Carrier shall not be liable to refund Passenger’s fare or for any other damages or expenses or consequential losses if the Passenger is prohibited from boarding due to lack of proper documents. The Carrier reserves the right to check and record details of such documentation. The Carrier makes no representation and gives no warranties as to the correctness as to any documentation, which is checked. Passengers are advised to consult their travel agent or the appropriate governmental authority concerning required documentation for travel. The Passenger shall indemnify the Carrier for all penalties, fines, charges, losses and expenses imposed upon or incurred by Carrier due to the Passenger’s failure to have proper documentation or otherwise comply with applicable laws or regulations of any kind, or imposed by governmental authorities including requirements relating to immigration, customs and excise. Any stamps on tickets, customs, and excise or other taxes or fines on Passenger or Carrier resulting from the Passenger’s conduct, embarkation expenses, and all expenses of such a nature are to be paid by Passenger.
  3. Passengers will be required to register a valid credit card or payment method at the Purser’s desk upon embarkation for charges incurred during the voyage.
  4. ISPS Regulations may require all passengers boarding the ship to be issued a picture ID. Your digital picture may be taken and your ID issued during the embarkation process.
  5. A passenger shall not have the right to exclusive occupancy of a cabin with two (2) or more berths unless he has paid supplement for exclusive occupation. The Carrier reserves the right to transfer the Passenger from one cabin to another.
  6. If the Vessel is delayed by any cause whatsoever beyond the Carrier’s control, the Carrier shall be entitled to charge Passengers for their maintenance at current rates for every day of the delay.
  7. If for any reason whatsoever Passengers remain onboard after the arrival of the Vessel at their port of destination, the Carrier will require Passengers to pay for their maintenance at current rates for every night they remain onboard.

5. INSURANCE

It is mandatory that all Passengers obtain and have travel insurance with a minimum coverage of US$200,000 while traveling with the Carrier. Such insurance must cover personal injury, medical expenses, loss of or damage to luggage, repatriation expenses, and evacuation expenses. Passengers must be able to provide proof of Insurance purchase and adequate coverage as per the required amounts above if requested by the Vessel’s officers, personnel or Carrier’s representative. It is strongly recommended the coverage be extended to include cancellation, curtailment, and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Passenger.

6. BAGGAGE, VALUABLES AND OTHER POSSESSIONS

  1. Each Passenger may bring aboard the Vessel a reasonable amount of clothing and personal effects without charge. Each passenger is allowed the equivalent of two suitcases, (we strongly suggest the use of a backpack or a soft duffel bag), and two items of hand luggage. The passenger shall be charged for baggage in excess at the carrier’s current rate. The carrier reserves the right to refuse carriage of excess baggage.
  2. All baggage must be securely packed and distinctly labeled with the Passenger's full name, the name of the Vessel, the cabin number of the Passenger and the sailing date of the Vessel. Under no circumstances may dangerous articles such as firearms, explosives, oxygen or combustible or illegal substances be taken aboard the Vessel.
  3. Pets and other animals are not allowed on board the Vessel.
  4. Hand or unlocked baggage, breakables and valuables, including but not limited to jewelry, money, precious stones, trade equipment, computers, photographic equipment or other electronics, securities, financial instruments and/ or tickets, must be hand-carried by Passengers on and off the Vessel, and may not be included with check- in baggage. The Carrier shall not be responsible for loss of or damage to such items.

7. LIABILITY FOR DEATH, INJURY AND/OR LOSS OF, OR DAMAGE TO LUGGAGE

  1. The liability (if any) of the Carrier for death and/or personal injury to Passengers and/or the loss of or damage to Luggage during the passage shall be determined in accordance with The Convention relating to the Carriage of Passengers and their Luggage by Sea adopted at Athens on the 13 day of December 1974 and Amended on the 19 December 1976 (hereinafter "The Athens Convention").
  2. The provisions of The Athens Convention are hereby expressly incorporated into the Conditions of Carriage. A copy of the Athens Convention is available on request and may be downloaded from the Internet at http://www.imo.org/Conventions/contents.asp?topic_id=256&doc_id=663
  3. It is presumed under the Athens Convention that the Carrier has delivered Luggage undamaged to a Passenger unless written notice is given by the Passenger within the following periods: i) In the case of apparent damage before or at the time of disembarkation or redelivery. ii) In the case of damage which is not apparent or loss of luggage within 15 days from the disembarkation or delivery of from the date and such redelivery should have taken place.
  4. The Carrier is not liable for loss of or damage to cash, negotiable security, jewelry, ornaments, works of art or any other valuables unless deposited with the Carrier specifically for the purposes of safekeeping. In those circumstances the Carrier’s liability will still be limited to the amounts payable under The Athens Convention to 1200 SDR’s. Safe deposits in cabins are not deposits with the Carrier pursuant to the Convention.
  5. The liability of the Carrier, his servants and or agents shall, subject to any deductibles, be limited by virtue of the Athens Convention in respect of death and/or personal injury to 46,666 SDRs (approximately €57,000) per passenger per carriage). Loss of or damage to cabin luggage to 833 SDRs; luggage other than cabin luggage 1200 SDRs; valuables deposited with the Carrier 1,200 SDRs. per Passenger per Carriage.
  6. The Carrier will only be liable in relation to death or personal injury and/or loss or damage to luggage in the event that the Carrier and/or its servants or agents are guilty of "fault or neglect" as required by Article 3 of The Athens Convention.(g) Any damages payable by the Carrier shall be reduced in proportion to any contributory negligence by the Passenger as provided in Article 6 of the Athens Convention.
  7. In addition, the Carrier shall have the full benefit of any applicable laws providing for limitation and/or exoneration of liability (including without limitation, Law and/or the laws of the Vessel’s flag in respect of liability of/or the global limitation on damages recoverable from the Carrier and nothing in these Conditions of Carriage is intended to operate to limit or deprive the Carrier of any such statutory or otherwise limitation or exoneration of liability. The servants and/or agents of the Carrier shall have the full benefit of all such provisions relating to the limitation of liability.
  8. The responsibility of the Carrier is limited to the period(s) while the Passenger and/or his or her Luggage are on board the Vessel and/or any tenders and/or property owned or being operated by the Carrier.
  9. The time in which a claim may be brought under the Convention is limited to a period of 2 years from the date of disembarkation and or as set out in Article 16 of the Athens Convention.
  10. Without prejudice to the provisions of clauses a to j hereof, if any claim is brought against the Carrier in any jurisdiction where the applicable exemptions and limitations incorporated in these Conditions of Carriage are held to be legally unenforceable, then the Carrier shall not be liable for death, injury, illness, damage, delay or other loss or detriment to person or property arising out of any cause of whatsoever nature not shown to have been caused by the Carrier's own negligence and or fault and neglect.
  11. The Carrier is not liable for or in connection with or arising out of any acts or omissions of any kind of any independent sub-contractors on board the Vessel and/or ashore.
  12. The Carrier shall not be under any liability in respect of any claim whatsoever unless written notice of the claim is presented to the Carrier within six months from the date on which the claim arose and unless a suit or action is brought within one year from that date (with the exception of claims brought under the Athens Convention which shall be brought within a two-year period specified in Article 16 of the Athens Convention). After the expiry of the said period any suit or action shall be time-barred.
  13. The Conditions of Carriage including limitation of liability are applicable to any shore excursions purchased from and or provided by the Carrier.
  14. Settlements of reimbursable claims for lost luggage will be made on the basis of actual cash value (replacement cost, less depreciation). Settlements of reimbursable claims for damaged items will be on the basis of cost of repair or replacement, whichever is less. No amount shall be paid in settlement of any claim without proof of the actual cash value or repair cost as appropriate arising from the loss or damage. A written claim for loss of or damage to luggage must be made to Carrier before the Passenger leaves the debarkation area to enable the Carrier to investigate any damage and to conduct a search for claimed lost luggage. The Carrier shall not be responsible for any such loss or damage which is not so reported. Liability, if any, for loss or damage to luggage occurring elsewhere than on board the vessel in connection with air, car, motor coach, ground transfers, porters, stevedores and/or hotels shall rest solely with the person or entity providing such services and the Passenger agrees that the Carrier does not guarantee the performance of such services and shall not be liable in any respect or capacity for any such loss or damage.

8. ITINERARY / RIGHT TO CHANGE / DETENTION

  1. At any time before or after commencement of the voyage and whether or not the Vessel may have deviated or have proceeded beyond the port of destination, the Carrier may by notice in writing to the Passenger or by advertising in the press or by any other suitable means terminate the cruise if the performance or further performance is hindered or prevented by causes beyond the control of the Carrier or if the Master or the Carrier consider that such termination is necessary for the management and/or safety of the Vessel.
  2. The Carrier visits a large number of ports in numerous countries around the world. The Carrier reserves the right at its sole option and discretion, without any liability for damages or refund of any kind, to deviate from the Vessel's advertised or ordinary itinerary or route, to delay, advance or lengthen any sailing, to omit or change ports of call, to arrange for substantially equivalent transportation by another vessel and/ or by other means of transportation, whether belonging to Carrier or not, and to cause the Passenger to disembark from the Vessel temporarily or permanently.
  3. The Cruise Ship’s operation is subject to weather conditions, mechanical problems, vessel traffic, government intervention, duty to assist other vessels in distress, assistance of other vessels in distress, availability of berth facilities, and other factors which may be beyond the Carrier’s control.
  4. The Carrier or the Master shall have the liberty to comply with any Order or Directions as to departure/arrival routes, ports of call, stoppages, trans-shipment, discharge or destination or otherwise given by any government or any department or by any person acting or purporting to act with the authority of any government or any department thereof or by any war risks insurance association working under any government scheme in which the Vessel may be entered. Nothing done or not done under such orders or directions shall be deemed a deviation in law.
  5. Any dates and/or times specified in any timetables or otherwise which may be issued by the Organizer and/or the Carrier are only approximate and may be altered by the Carrier at any time and to such extent as is considered necessary in the interest of the voyage as a whole.(f) While the Carrier endeavors to provide reasonable protection for the Passengers’ comfort and safety onboard its ships, the Carrier cannot guarantee freedom from all risks associated with war, terrorism, crime or other potential sources or harm. The Carrier reminds all passengers that they must ultimately assume responsibility for their actions while ashore. All shore excursions or other excursions undertaken as part of the cruise (including transfers and all other matters incidental to such excursions) will be undertaken at the passenger’s sole risk and the Carrier will have limited liability to the passenger for any loss or damage in respect to such excursions.
  6. For purposes of assisting other vessels or protecting life or property, the Master of the Vessel has the right, at his sole discretion, to deviate from the Vessel's advertised or ordinary itinerary or route, to delay, advance or cancel any sailing, to omit or change any ports of call, to tow or to be towed, to transfer the Passenger and the Passenger's luggage to any other vessel and or other means of transportation whether belonging to Carrier or not, to cause the Passenger to disembark the Vessel temporarily or permanently, and the Passenger shall have no claim against the Carrier in such circumstances.
  7. The Carrier reserves the right, without incurring liability of any kind, to refuse or revoke passage to, or confine to a stateroom, any Passenger who in Carrier's sole judgment may be refused admission into a port of landing or into the country of destination, or for any other cause may endanger themselves or others, or is causing or is likely to cause distress or annoyance to others. Any Passenger who is refused passage or otherwise denied any advertised benefit or service under this paragraph shall not be entitled to receive any compensation whatsoever and shall become liable for any resulting expenses incurred by the Carrier.

9. FORCE MAJEURE

The Carrier shall not be liable in any way to the Passenger for death, bodily injury, illness, damage, delay or other loss or detriment to person or property or for the Carrier's failure to commence, perform and/ or complete any duty owed to the Passenger 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, terrorist activities or threat thereof, civil commotions, labor difficulties, whether or not the Carrier is a party thereto, interference by authorities, requisitioning of the Vessel, political disturbance, inability to secure or failure of supplies, perils of the sea, collision, foundering of the Vessel, explosion, breakdown or failure of or damage to the Vessel or its hull, machineries or fittings, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, or any other cause whatsoever beyond the reasonable control of the Carrier.

10. HEALTH AND SECURITY / INDEMNIFICATION BY PASSENGER

  1. The Passenger represents and warrants that the Passenger is physically and otherwise fit to travel; that he or she will at all times comply with Vessel's rules and regulations and orders and directions of the Vessel's officers, Expedition Leaders and medical staff, that his or her conduct will not impair the safety of the Vessel or inconvenience other passengers.
  2. Any passenger with a condition that may affect his or her fitness to travel must submit a physician's certificate prior to departure.
  3. If it appears to the Carrier, the Master or the Cruise Ship's Doctor that a Passenger is for any reason unfit to travel, likely to endanger health or safety, or likely to be refused permission to land at any port, or likely to render the Carrier liable for Passenger maintenance, support or repatriation, then The Carrier or the Master shall have the right to take any of the following courses: (i) Refuse to embark the Passenger at any port; (ii) Disembark the Passenger at any port; (iii) Transfer the Passenger to another berth or cabin; (iv) If the Cruise Ship doctor considers it advisable, to place him/or confine him in the Cruise Ship's Hospital or to transfer the Passenger to a health facility at any port, at the Passenger's expense (v) to administer first aid and administer any drug, medicine or other substance or to admit and/or confine the Passenger to a hospital or other similar institution at any port provided that the ship’s doctor and/or Master considers that any such steps are necessary.
  4. Where a Passenger is refused embarkation as a result of health and or fitness to travel, the Carrier shall not be liable for any loss or expense occasioned to the Passenger thereby, nor shall the Passenger be entitled to any compensation from the Carrier.
  5. Not all areas or equipment on the Vessel are accessible or suitable for access to physically challenged persons.
  6. The Carrier reserves the right to refuse passage to anyone who has failed to notify it of such disabilities or who in the Carrier’s and or Master’s and or Cruise Doctor’s opinion is unfit or unable to travel or anyone whose condition may constitute a danger to themselves or others onboard.
  7. Passengers who need assistance and/or have special requests or need special facilities or equipment must notify the Organizer at the time of booking. The Carrier is not obliged to provide any assistance or meet special requests unless the Carrier has agreed to do so in writing.
  8. Those Passengers physically challenged must be accompanied by a travelling companion fit and able to assist them. The ship’s wheelchairs are available for emergency use only.
  9. Any Passenger who embarks, or allows any other Passenger for whom he or she is responsible to embark, when he or she or such other Passenger is suffering from any sickness, disease, injury or infirmity bodily or mental or to his or her knowledge has been exposed to any infection or contagious disease, or for any other reason is likely to impair the health, safety or reasonable comfort of other persons onboard or for any reason is refused permission to land at his or her port of destination shall be responsible for any loss or expense incurred by the Carrier or the Master directly or indirectly in consequence of such sickness, disease, injury, infirmity, exposure or refusal or permission to land unless in the case of sickness, disease, injury, infirmity or exposure the same has been declared in writing to the Carrier or the Master before embarkation and consent in writing of the Carrier or the Master to such embarkation has been obtained.
  10. Pregnant women are highly recommended to seek medical advice prior to travel at any stage of their pregnancy. Women who are up to 24 weeks pregnant at the end of the cruise are required to produce a medical certificate of fitness to travel. The Carrier cannot for health and safety reasons carry pregnant Passengers of 24 weeks or more at the time of embarkation. The Carrier reserves the right to request a medical certificate at any stage of pregnancy and to refuse passage if the Carrier and/or the Master and or the Cruise Doctor are not satisfied that the Passenger will be safe during the passage.
  11. Failure to inform the Carrier and the Vessel’s doctor of pregnancy will release the Carrier from any liability to the pregnant Passenger.
  12. The ship’s doctor is not qualified to deliver babies onboard or to offer pre or post natal treatment and no responsibility is accepted by the Carrier in respect of the ability to provide such services or equipment.
  13. If any condition affecting fitness to travel and or requiring medical attention arises after the cruise is booked, the Passenger is required to advise the Carrier in writing immediately. Failure to advise the Carrier as required hereunder shall release the Carrier and all personnel aboard the Vessel from any liability related to such condition or its treatment.
  14. The Passenger hereby consents to a reasonable search being made of the Passenger's person, luggage or other property and to the removal and confiscation or destruction of any object which may, in the opinion of the Carrier, be illegal, impair the safety of the Vessel, or inconvenience other Passengers.
  15. The Passenger shall indemnify the Carrier for all penalties, fines, charges, losses or expenses incurred or imposed upon the Carrier or the Vessel by virtue of any act or violation of law of the Passenger.

11. MINORS

  1. The Carrier is unable to accommodate children under 10 years of age at the date of travel and reserves the right to restrict the number of those under eighteen years of age aboard the Expedition Vessel.
  2. Each child under the age of eighteen must be accompanied by an adult over the age of twenty-one. The ratio of adults to children traveling together must be one adult per two children and two adults per four children (seventeen and under). If the adult accompanying this child is not a parent, a "Parental Consent Guardianship Form" must be signed by a parent or legal guardian and received by Carrier prior to sailing.

12. INDEPENDENT CONTRACTOR / SHORE TOURS / LIMIT OF LIABILITY

  1. Tours, including pre- cruise, post- cruise and other shore excursions including hotels, restaurants and transportation, whether by vessel, air, rail, land or other means, not owned or operated by Carrier are not under the operation or control of Carrier, and the Carrier makes no representation of any kind as to them, and takes no responsibility for them.
  2. The Passenger shall have no right to any refund and Carrier shall have no obligation or liability of any kind to the Passenger for acts or omissions in connection with or arising out of arrangements with independent contractors since they are not agents or employees of Carrier. Arrangements with independent contractors include, but are not limited to the following: (b-1) services or products available for the Passenger's convenience on board the Vessel and furnished by doctor(s), photographer(s), entertainer(s), instructor(s), shopkeeper(s), lecturer(s) and others; (b-2) services, products or transportation provided elsewhere than aboard the Vessel which are furnished by others in connection with sight- seeing tours, pre- cruise and post- cruise tours, excursions and shore trips, including, but not limited to tender service, whether arranged or organized by tour operators, travel agents or Carrier.
  3. The independent contractors shall be entitled to charge for any products sold, services rendered or transportation provided to the Passenger either directly or through Carrier.
  4. Each Passenger agrees that all rights, exemptions from liability, defenses and immunities of whatsoever nature referred to in these Conditions of Carriage which are applicable to Carrier and the Vessel, shall in all respects inure also for the benefit of any servant, agent or independent contractor of the Carrier acting in the course of or in connection with their employment so that in no circumstances shall any such servant, agent or independent contractor as the result of so acting be under any liability to any such Passenger different from or higher than that of the Carrier. Any acceptance by the Carrier of payment for any such services is done only as a convenience to the Passenger and shall not modify the limitations or disclaimer of agency stated herein.

13. NON-LIABILITY FOR MEDICAL TREATMENT

  1. The Carrier does not undertake that a physician or medical personnel will be aboard the Vessel. If the Vessel does carry a physician or medical personnel, then they are independent contractors and work directly for the Passengers. Any physician or other medical personnel that renders emergency treatment and/or performs medical or surgical services, does so at the rates fixed in the "Schedule of Physician’s Charges" posted aboard the Vessel or as otherwise agreed to, or in the absence thereof, then at customary rates.
  2. All Passengers are required to complete and submit a medical form 90 days prior to departure for Expedition Travel to Antarctica. Passengers to non-Antarctic destinations with pre-existing medical conditions are required to have the medical form signed and dated by a physician and submitted 90 days prior to departure. Failure to submit such a form may result in the Passenger being denied boarding.
  3. If, in the opinion of the Carrier, a Passenger in need of medical or surgical services is unable to request it, the Passenger hereby expressly consents to such treatment, if any, and to pay the cost thereof charged by the Vessel’s physician or other physician or medical personnel designated by the Carrier who in doing so is acting on behalf of the Passenger.
  4. All medicines and all medical or surgical services furnished by the Vessel’s physician, if any, or any other physician or medical personnel (all of whom are engaged by the Passenger as independent contractors) or ship’s officers, employees or agents of the Carrier, shall be and are accepted by and at the Passenger’s sole risk and expense, and the Carrier shall not be responsible for the quality, nature or consequence thereof.
  5. Neither the carrier, nor the Vessel’s physician, if any, has any obligation to examine any Passenger for any purpose prior to boarding or sailing.
  6. It is the Passenger’s obligation and responsibility to seek medical assistance from the qualified doctor onboard the Vessel as and when necessary during the cruise.
  7. The cruise ship’s doctor is not a specialist and the ship’s medical centre is not required to be and is not equipped to the same standards as a land-based hospital. The Vessel carries medical supplies and equipment as required by its flag state. Neither the Carrier nor the doctor shall be liable to the Passenger as a result of any inability to treat any medical condition as a result.
  8. In the event of illness or accident, Passengers may have to be landed ashore by the Carrier and/or Master for medical treatment. The Carrier makes no representations regarding the quality of medical treatment at any port of call or at the place at which the Passenger is landed.
  9. Passengers are advised to ensure that their insurance covers medical treatment.
  10. The Carrier accepts no responsibility whatsoever in relation to medical facilities provided ashore.
  11. Medical facilities and standards vary from port to port and the Carrier makes no representations or warranties in relation to such standards ashore.

14. PAYMENTS BY THE PASSENGER AND EXTRA EXPENSES

Any and all payments for on board goods and or services shall be paid by the Passenger to Carrier in the currency of the United States of America or such other currency acceptable to Carrier. All charges for services and products provided on board the Vessel must be settled in cash or charged (via credit card acceptable to the Carrier) before the Passenger's final disembarkation from the Vessel. Any other expenses incurred by the Passenger or by Carrier on behalf of the Passenger shall be payable by the Passenger on demand. The Passenger shall be liable to and shall reimburse the Carrier for all damages to the vessel and its furnishings and any equipment or property of the Carrier caused directly or indirectly, in whole or in part, by any act or omission of the Passenger, whether accidental, willful or negligent. The Passenger shall further indemnify the Carrier and each and all of their agents or servants against all liability whatsoever arising from any personal injury, death or damage or loss whatsoever caused, directly or indirectly, in whole or in part, by any willful or negligent act or omission on the part of the Passenger.

15. NO GENERAL AVERAGE

Passenger shall neither pay nor receive any general average contribution with respect to any property.

16. NO EMOTIONAL DAMAGES

The Carrier shall not be liable to the passenger for damages for emotional distress, mental suffering/anguish or psychological injury of any kind under any circumstances, except when such damages are caused by the negligence of Carrier and resulted from the same passenger sustaining actual physical injury, or having been at risk of actual physical injury, or when such damages are intentionally inflicted by the Carrier.

17. NOTICE OF CLAIMS AND TIME LIMITS

  1. The Carrier shall be under no liability whatsoever in respect of any claim arising from an accident which was not reported by the Passenger to the Master whilst onboard the Vessel in accordance with the Conditions of Carriage or at all. (b) The Carrier shall not be liable for any claims whatsoever for personal injury, illness or death of the Passenger, unless full particulars in writing are given to the Carrier within 185 days after the date of the injury, event, illness or death giving rise to the claim. Claims for personal injury or illness sustained onboard the Vessel must include the medical report issued at the time of the personal injury, event or illness by the onboard physician or medical personnel. Claims for personal injury or illness sustained onboard the Vessel that do not have an accompanying medical report will not be maintainable. Suit to recover on any such claim shall not be maintainable unless filed within two years after the date of disembarkation in accordance with the Athens Convention and unless served on the Carrier within 120 days after filing.
  2. The Carrier shall not be liable for any claims whatsoever, other than for personal injury, illness or death of the passenger, unless full particulars in writing are given to the Carrier within 30 days after the Passenger is landed from the Vessel or in the case the Voyage is abandoned, within 30 days thereafter. Suit to recover on any claim whatsoever other than for personal injury, illness or death and or loss of and/or damage to luggage shall not be maintainable unless filed within six months after the date the Passenger is landed from the Vessel or in the case the Voyage is abandoned, within six months thereafter, and unless served upon Carrier within 120 days after filing.
  3. The Carrier shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by the Carrier nor for any intentional or negligent acts of the Carrier’s employees committed while off duty or outside the course and scope of their employment.

18. LAW AND JURISDICTION

  1. ALL claims suits and litigation of any kind whether against the Carrier and or the Vessel shall be brought in Canada.
  2. These Conditions of Carriage shall be governed by the laws of Canada.
  3. Each party hereto irrevocably submits to the exclusive jurisdiction of the Federal Court of Canada, at Toronto, Canada in respect of any action, proceeding or litigation of any kind relating in any way to the passenger and or his luggage and or carriage on board the Vessel.

19. INTERPRETATION

Should any provision, or portion of any provision, of these Conditions of Carriage be contrary to or invalid by virtue of the law of any jurisdiction or be so held by a court of competent jurisdiction, such provision shall be deemed to be severed from this Ticket and of no force and effect and all remaining provisions herein shall continue to be in full force and effect. The headings of this Ticket are for convenience of reference only and shall not define or limit any of the terms or provisions hereof. Whenever the context so requires, references to the male gender shall include references to the female, and references to the singular shall include the plural and vice-versa.

20. WARRANTIES/ CONSEQUENTIAL DAMAGES EXCLUDED

All warranties including warranties of fitness for use and merchantability are expressly excluded from this ticket, the Carrier shall under no circumstances be liable for any indirect, special or consequential damages of any kind whatsoever.

21. WRITTEN NOTICES

Except as otherwise expressly provided in this Ticket, all written notices required by this Ticket must be mailed, postage prepaid, to G Adventures Inc., 19 Charlotte St., Toronto, Ontario, Canada M5V 2H5.

22. ENTIRE AGREEMENT

The provisions of this ticket govern the entire relationship between the Passenger and the Carrier. The Passengers acceptance of this ticket constitutes the Passengers consent to these provisions. These provisions supersede any oral or written representations. Any change in these provisions must be in writing and signed by the President of the Carrier.