PARTICIPATION AGREEMENT
When something becomes predictable and absolutely safe, it ceases to be exciting or to be an adventure. For an activity to be adventurous it must have an uncertain outcome and it will carry risks. Going into mountainous regions is implicitly hazardous, and if we add to that an adventurous activity, then by necessity the hazards are increased. This implies an inherent and intractable risk of injury or, in the extreme, death. Anyone considering taking part in a trip needs to consider this very seriously and to take responsibly for their own participation.
Our trips are fascinating and exciting, well beyond the realms of what can be achieved by staying near to home, not simply because of the mountains we visit, but because of the astonishing parts of the world we go to. Sadly, some of these are impoverished. This alone is an important incentive to go but it means we operate invariably in regions with limited infrastructure. If you are injured, problems with infrastructure alone can mean a delayed evacuation and so a worse medical outcome than for a similar accident nearer to home.
We hope that joining one of our trips will set your pulse racing and your imagination soaring. In order to take part in a truly exciting, adventurous activity with all the rewards of experiencing diverse cultures and sharing unforgettable memories with newly found friends, you have to accept the risks involved.
Booking Conditions
Bookings
1). All bookings for places on Expeditions, Courses and Treks are made with Ian Taylor Trekking LLC, 1156 Deer Blvd, west unit, Avon, Colorado, 81620 USA. For the purposes of these terms and conditions, Ian Taylor Trekking LLC shall be referred to as “ITT”
2). To book a place, complete the Booking Forms and send it to ITT via email. Once we have reviewed all forms, we may need further information from you. After reviewing these, ITT may advise you to transfer to another trip, or cancel your booking. If you are so advised, you must transfer or cancel, as advised, but may do so without penalty Once we are happy to accept you on your chosen trip. We will send an invoice looking for a deposit.
Deposits are required as follows in USD per person
- Trek $500
- Expeditions to Island or Mera Peak $1,000
- Scotland Paid in Full
- Colorado training $300
- Carstensz Pyramid – $5,000
- Inca trail $1,000
- Safari 50%
- Aconcagua $1,500
- Everest North Col $5,000 per person
- Cho Oyu $7,000 per person
2). Deposits are non-refundable. You are advised to take out travel insurance when you book, to protect you in some circumstances if you have to cancel. You might have some medical coverage through your private health policy, you should have additional coverage and Helicopter evacuation cover is required for most trips. https://iantaylortrekking.com/blog/where-do-i-get-helicopter-evacuation-cover-for-my-trekking-adventure/
3). The contract between you and ITT will come into existence once the appropriate company has issued to you a receipt confirming your deposit. You can track payments on your invoice and all relevant additional information, being either an expedition dossier or course joining instructions, as appropriate. The contract will continue until the expedition or course, along with any booked extension, has ended but such expiry shall not affect accrued rights and liabilities of the parties nor any continuing obligations.
4). Once your booking has been confirmed, you must promptly submit, via e-mail a signed copy that you have read the trip dossier and you agree to come fully prepared for your chosen adventure. Your final balance for the trip is due, as shown on the invoice you received when your booking was confirmed. If ITT receives your forms outside of these time limits, no matter when you booked, the normal cancellation and transfer conditions will apply and you will be liable for the appropriate charges.
5). Extensions to expedition itineraries and course programmes can be purchased separately. The arrangements for extensions are made on an individual basis once a booking is made. Extensions are subject to a separate deposit. Confirmation of receipt by ITT of your extension deposit will not be confirmation of your extension as it will not be possible at that time for ITT to confirm that the booked extension will be available or that it will be identical to that shown in the marketing material. ITT will confirm all of the arrangements to you before you pay your final balance (which will be due at the same time as the final balance for the expedition or course to which it is an extension). Should the confirmed extension itinerary be significantly different to the published one then you will be free to cancel the extension only (not the expedition or course, to which it is attached) and a refund will be made. Compensation shall be payable to you in accordance with condition 34.
Medical and welfare
6). The aim of medical screening is to enable participation and to ensure, as far as is reasonable, that all risks have been evaluated and understood. If you have any medical problem or disability, you are required to inform ITT before you complete your booking form so that you can be advised of the suitability of the trip, health and safety considerations and what, if any, reasonable adjustments are required to be made. In any event, you must notify ITT via the medical declaration of any medical problems or disabilities. If any medical problems or disabilities are suffered or arise between the medical declaration being submitted and the departure date you must notify ITT immediately. ITT reserve the right to decline or cancel a booking without having to pay any compensation if:
- any medical problem or disability is disclosed on the medical declaration form;
2. any medical problem or disability is disclosed after the medical declaration form is submitted but before the Departure Date; or
3. any medical problem or disability is not disclosed; provided that in ITT belief such medical problem or disability is likely to endanger your health and safety and/ or the health and safety of anyone else participating in the trip.
7). ITT may require you to obtain confirmation from a medical professional that you are fit to travel and participate in the trip. You acknowledge and agree that concerning your medical welfare ITT have a duty to you and to the other participants and, as such, if ITT reasonably believe that you are not sufficiently fit to take part in the trip, ITT may decline or cancel the booking at any time at their complete discretion.
8). Where you have come into contact with any infectious disease you must notify ITT immediately. Where the departure date falls within the accepted quarantine period for transmission of the disease, ITT reserve the right to cancel the booking as set out above; this shall be deemed to be cancellation arising from an event of Force Majeure pursuant to these terms and conditions and no compensation shall be payable to you.
Flights
10). All flights booked by ITT for you will be subject to the conditions of the carrying airline which, in most cases, limit the airline’s liability to the passenger in accordance with international law and conventions. ITT accepts no liability for the consequences of delays, cancellations, change of routing, change of departure or arrival airport or for any other changes to your flight schedule, whatever they may be or howsoever caused (though you may be entitled to make a claim against the airline in question).
11). As part of planning trips, ITT routinely reserves flights from and returning to specific airports. In addition, if the flight reserved is no longer available, when you book, at the price assumed in the preparation of this brochure, then you will be informed of and asked to pay any increase in cost, before your booking is confirmed. If you do not accept this increase in cost, you may withdraw your booking, without penalty, and your deposit will be returned to you. No compensation shall be payable to you.
12). At any time, ITT will do its best to change your flight to meet your requirements, but this cannot be guaranteed as it will be subject to availability and there may be an additional cost, which you will be required to pay.
13). If you book to join an expedition on a ‘land-only’ basis or a course, ITT cannot and do not accept any responsibility for any of the travel arrangements that you make in order to join the expedition or course. ITT accept no financial liability that may arise from any enforced change to your travel plans due to any alteration of the expedition or course dates, the itinerary or its cancellation, howsoever caused. You are advised to book transferable, refundable travel tickets with no penalties should a cancellation be necessary.
Payments
14). You may pay your deposit and balance using any lawful means. The total amount received by ITT’S bank must be no less than the full amount shown on your invoice and paid in the invoiced denomination into the appropriate account of that same denomination. If sending money by electronic (bank) transfer, then you must pay the remitter’s (your) fees and the beneficiaries ITT’S fees.
15). If payment is made by credit card there are % fees that apply (or relevant charge for requested card) charge will be added to the total amount due to ITT (this applies to all payments including deposits, interim payments, balances and miscellaneous purchases.) This charge is imposed by the credit card payment service provider and is used, in part, to provide consumer protection for goods and services purchased, in accordance with the terms and conditions pertaining to the credit card being used. This charge can be avoided by using a debit card (for deposits, for example) or by sending a Sterling, Euro or USD cheque (for balances). Cheques will not be accepted in any other denominations; please arrange a banker’s draft or bank transfer instead.
16). The final balance for your trip, and for any extension booked along with it, must reach ITT by no later than 8 weeks prior or 60 days prior to the start of the course. For some trips we do require final payment 90 days before the start of the trip. This will be specified on your invoice. Such final balance due dates will be as follows.
- Expedition: 60 days or 90 days in specific cases before the departure date;
- Course: Paid in full on signing up or 60 days before the course Start Date;
- Extension: as for the final balance date for the trip to which the extension is connected.
17). If the balance is not received by the balance due date, ITT reserve the right to cancel your booking and you will forfeit your deposit, unless a Director of ITT (as appropriate) has agreed a delay in your payment.
18). Bookings after the balance due date for the trip may be accepted, at ITT’s discretion, as long as the appropriate deposit is paid, and you undertake to make full payment within 3 working days of your booking being confirmed.
19). Prices quoted are based on costs and exchange rates. ITT will do what they can to mitigate against any rise in the operating costs and strive to keep prices fixed. In the unlikely event that it becomes necessary to amend the price of the trip, the following conditions will apply:
- Increases arising directly from transportation costs such as surcharges levied by airlines, the cost of fuel, taxes, duties, permits, National Park fees or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and fluctuation in exchange rates may be passed on and you will be invoiced accordingly.
- If increases become necessary, you may cancel your booking without penalty if the increase amounts to more than 10% of the cost of the trip.
- You will not be charged for any increase of up to 2% of the price of the trip and in the event that the price of the trip goes down by more than 2% the difference will be repaid to you (though you should note that owing to the way ITT pays for trips, some apparent changes will not impact on the price of the trip; ITT try to give you the advantage of any predicted benefit in the exchange rate with a competitive price from the outset).
Transfers and cancellations Cancellation by you
20). Notice of cancellation by you must be given in writing. Should you cancel, the following scale of charges will apply:
- For expeditions other than the ones specified below at points (ii) and (iii): 60 days or more before the Departure Date. 60 days before the Departure Date – loss of 100% of total trip cost.
- For expeditions to 8,000 metre peak: 90 days or more before the Departure Date – loss of deposit. 90 days before the Departure Date, loss of 100% of total trip cost. Less than 60 days of 100% of total trip cost.
- For all expeditions to Mera, Island, Aconcagua and other expeditions 90 days or more before the Departure Date – loss of deposit. 90 days before the Departure Date – loss of 100% of total trip cost
- For courses: 60 days or more before the course starts – loss of deposit. 30 days before the course starts – 100% of the total course cost.
- For Extensions: The cancellation penalties for an extension are the same as for the course or expedition to which the extension is attached.
Similar terms are adopted throughout the travel industry and cover the costs of advance payments made by ITT. Cancellation charges may be covered, in part, by your travel insurance provided the reason for cancellation falls within the terms of the policy.
21). After your booking has been confirmed, if you wish to transfer from one trip to another of the same type (i.e. expedition to expedition, course to course), an administration charge of $75 per person, per booking, will be payable. At the same time, you must pay any costs that ITT have incurred in respect of your booking, such as deposits paid to airlines or agents, if these are neither refundable nor transferable. Transfers between trips are entirely at ITT discretion and in any event will not be affected until all such fees and costs are received by ITT (as appropriate).
22). Transfer requests must be received by ITT (as appropriate) in writing at its registered office and before the balance due date. A transfer request after this point will be treated as a cancellation and the transfer fee will not be accepted.
23). You cannot transfer from an expedition for which the deposit is more than $500 (or the equivalent in foreign currency). You cannot transfer a booking from an expedition to a course. However, nothing in this condition 26 shall prevent you from transferring your place on the trip to another individual in accordance with these terms and conditions, as long as that individual matches or exceeds the requirements of the trip in terms of previous experience.
24). You may transfer your booking more than once, as long as you pay the transfer fee on each separate occasion, at the rate prevailing at the time of payment, and pay any costs incurred by ITT in respect of each booking held. The final trip to which your original deposit is transferred must start within 12 calendar months of the start date of the trip originally booked. Failure to travel within this time will be taken as a cancellation of the original booking, regardless of the payment of any transfer fees or costs in the intervening period. Under such circumstances, the deposit and any money paid to affect a transfer, or transfers, will be forfeited.
Cancellation by us
25). ITT receives regular travel advice from the US foreign office and UK foreign office and will not knowingly operate trips in contravention of such advice. In the event of civil unrest in a particular region, ITT undertakes to inform clients of the situation as soon as they have knowledge of it.
26). A trip may be cancelled if advice effectively puts the destination country or significant parts of the country out-of-bounds such as to make the principal objective unachievable. If the principal objective remains achievable in observance of FO advice, the itinerary will be altered, and the trip will not be cancelled. For example, the Foreign office may advise that it is unsafe to traverse an area which lies on the published approach route (whether by trek or vehicle), or to visit a specified town. In such circumstances if the objective can be reached by using an alternative route, that will be done and the trip will not be cancelled.
27). If the foreign office does not issue unambiguous advice against travel, a disinclination to travel based on a perceived threat or hazard, howsoever formed, will be interpreted as a cancellation and the cancellation charges set out in these booking conditions will apply. This does not affect your right to transfer between trips under the terms of these booking conditions.
28). Non-US, IRE, UK Nationals should consult their own government for advice on travel to the destination country and all countries transited en route. ITT will not be bound by the advice of such governments, nor will any of these booking conditions be waived, save where such advice coincides with the advice of the foreign office.
29). A Trip may be cancelled as a result of an event of Force Majeure, which are events which are unforeseeable and beyond ITT control including but not limited to war, riot, industrial dispute, terrorist activity, natural or nuclear disaster, fire, epidemics, pandemics or health risks, closed or congested airports, ports or stations, changes imposed by re-scheduling or cancellation of transport, adverse weather conditions (whether actual or threatened) avalanche, storm, flood, typhoon, hurricane and technical failure with any form of transport or facility.
30). Team/ course/ group sizes described in documentation or on the website are target sizes and may be increased or decreased at the discretion of ITT. ITT give no undertaking as to the minimum or maximum size of a team, course or group, but do undertake to ensure that Leaders, Guides, Instructors and support staff are supplied in appropriate numbers to ensure the principal objectives of the expedition or course can be achieved. Similarly, Leaders, Guides, Instructors, and support staff named in tour descriptions, anywhere in the literature or on the website, may also be changed at any time.
31). ITT reserve the right to cancel any expedition, course or extension which does not have sufficient people taking part to make it financially viable, or to cancel your participation alone if not to do so would result in a financial penalty. By the same token, ITT will endeavor to ensure that a trip runs if at all possible. If your booking is likely to be cancelled under such circumstances, ITT undertake to inform you as soon as possible; this may occur after the balance due date but will not occur less than 30 days before the departure date.
32). The programmes published in the literature and on the website are designed to be illustrative in order to best explain the scope and type of activities you will be undertaking. During a trip, every effort will be made to adhere to the planned itinerary, but it must be realized that with adventurous activities of this type, or by being in the developing world, or by being in mountainous areas, or by visiting regions with limited infrastructure by virtue of their remoteness or otherwise, or with world-wide travel in general, changes to the itinerary will occur. As such, circumstances may arise where ITT are forced to alter dates, trip duration, flight schedules, trekking routes, mountains to be climbed, locations visited or hotel accommodation, either during or before a trip has commenced, possibly at short notice. Whilst ITT will try to inform you of any such changes as soon as they know of them, they accept no liability for, or the consequences of, any such changes.
33). In assessing the conditions expected to be encountered in the mountains or the abilities of the team members, the Expedition Leader or the Course Director (or Guides or Instructors with delegated authority) may decide to change any aspect of the trip if he or she believes that to continue with the itinerary or activities, or any latterly agreed alternatives, would place anyone at undue risk. Alternatively, he or she may make changes for the simple belief that such changes may be more enjoyable or better suited or beneficial for most of those taking part. The Leader of the Expedition or the Course Director will review and may alter the programme as the trip progresses in response to the changing influence of variable factors.
34). The Expedition Leader or Course Director (or Guides or Instructors with delegated authority) will do his or her utmost to ensure that any problems are solved for the benefit of the majority of those taking part. Signing the booking form signifies your acceptance of the Expedition Leader’s or Course Director’s authority to make decisions affecting the group or individuals. For instance, the Expedition Leader or Course Director may require an individual or individuals to leave the trip if he or she believes that a person, or a person’s health, is at risk, if an illegal act has been or may be committed, or behavior may become, or has been, detrimental to the safety, enjoyment, or well-being of the group or of any individual within the group.
35). A client leaving a trip at any stage, for whatever reason, will not be entitled to any refund or to compensation unless agreed by a Director of ITT (as appropriate).
Liability
36). Most trips involve going to high-altitude and carry an inherent risk of altitude illness. Similarly, most trips visit remote locations or poorly developed regions where infrastructure is limited. In such places, the risks to health are increased and the ability to treat injury or illness effectively is reduced. Additionally, anything that involves crossing glaciated terrain or snow-bound passes, are hazardous activities with a risk of serious injury or death. By signing these booking conditions, you acknowledge these hazards and your acceptance of the associated risks.
37). Neither ITT nor any of their representatives will be responsible for any illness, injury or death sustained on their trips, except where such illness, injury or death is caused by their negligence or that of their representatives, nor will they be liable for any uninsured loss of personal property.
38). Subject to the provisions of clause 39, ITT’s liability in tort, contract or otherwise, shall be limited to three times the price payable for an individual’s participation. ITT’s liability will also be limited in accordance with and/or in an identical manner to any relevant international Convention (for example, the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation) which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. You can ask for copies of these international conventions from either company at its registered office.
39). Most trips, especially expeditions, have days in the itinerary that are included to provide flexibility in case of bad weather, or some other untoward event, and thereby increase the chance of the principal objective being achieved and for the trip to be successful. If these days are not needed to achieve the aims of the trip and the team/ course /group decides to return (for instance) from the mountains to a valley location earlier than planned, any additional costs incurred and associated with extra hotel nights, or services that would not otherwise have been provided nor were included in the published itinerary, must be met by each individual concerned at the time.
40). For all trips, you are advised to have insurance that covers you for all the activities, specifically those deemed to be hazardous, included in the itinerary and for any activities you may undertake if travelling on an extension whether arranged by ITT or independently.
41). For all trips outside the USA, you must have adequate insurance cover for search, helicopter rescue and repatriation in the event of a medical emergency. Your travel insurance provider must agree beforehand to meet the costs of any search, rescue, or recovery, for medical reasons, of you to the nearest appropriate medical facility even if prior authorization from the insurer may not be possible due to the remoteness of the recovery area or because medical expediency demands your recovery before such authorization could be received.
42). In case of a suspected or confirmed emergency involving you or the group of which you are a member, ITT reserves the right to arrange (or to make arrangements for its or your insurers to arrange) search, rescue and recovery as it deems appropriate and reasonable. You agree to indemnify ITT (as appropriate) and keep ITT (as appropriate) indemnified from all losses, apportioned appropriately to you, arising from any such search, any such helicopter usage and any resulting repatriation, for medical or non-medical reasons, including legal costs of making a recovery against you.
Equipment
43). You will be provided with a list of all equipment required to bring on to the trip. You may hire some items of equipment from ITT, however the majority you must provide yourself. It is your responsibility to ensure that all equipment is fit for purpose prior to the Departure Date and for the duration of the trip. You are responsible for your equipment and belongings during the trip and bear the sole responsibility for wear and tear and incidental damage to your equipment. ITT recommend that you take out adequate insurance to cover your own equipment, and any items hired from ITT as you will be liable for its replacement should it be damaged or lost.
44). In the event that you elect to hire any equipment from ITT, you will be required to pay a deposit to ITT in addition to the applicable hire charges. Deposits are not collected for equipment hired or made available to you when participating on a course, as the equipment will be issued and collected back from you in venue.
45). You will be responsible for any hired equipment throughout the trip and in the event that it is not returned to ITT on the last day of the trip in good condition (excluding normal wear and tear) the deposit, if paid, shall be forfeited and you agree to indemnify ITT (as appropriate) and keep ITT (as appropriate) indemnified from all losses arising from damage to the equipment including legal costs of making a recovery against you.
46). ITT may provide some equipment for a trip (such as ropes, technical equipment, tents and camping equipment) and are responsible for the maintenance of such equipment. Where you deliberately or recklessly cause damage to any such equipment, whether during the trip or during any pre-trip training, you shall indemnify ITT (as appropriate) and keep ITT (as appropriate) indemnified from all losses arising from any such willful or reckless damage so caused including legal costs of making a recovery against you.
Complaints
47). If you have a problem during the trip, please inform the Expedition Leader or Course Director immediately and he/she will endeavor to put things right. If your complaint is not resolved locally, please follow this up by writing to the Managing Director at ITT’S registered office (as appropriate), giving your trip name, the departure date and all other relevant information and, where possible, evidence. Any such complaint must be received not later than 20 days of the date of your return from the trip. Please keep your letter concise and to the point. This will assist in quickly identifying your concerns and speed up the response to you.
48). If you fail to follow this simple procedure, ITT will have been deprived of the opportunity to investigate and rectify your complaint whilst you are in-country and this may affect your rights under this Contract as you will have failed to have mitigated (minimized) your losses and will be unable to recover compensation for this element subsequently.
General
49). Agents and representatives, other than a Director of ITT are not entitled to promise refunds for whatever reason, and ITT will not be bound by any such promises.
50). These booking conditions may only be waived or amended by a Director of ITT. Such waivers or amendments will only be made in special circumstances and must be made in writing to be effective.
51). The terms and conditions of all agreements made with ITT shall be subject to, and Governed by, United States law and the courts of Colorado in United States of America shall have exclusive jurisdiction over any dispute.
52). When making your booking it is implied and accepted that you have read and understood all these booking conditions and agree to abide by them.
53). ITT shall ensure that appropriate security measures are in place to protect your personal data (as defined in the Data Protection Act 1998). When you make a booking, you consent to all the information you provide being passed on to ITT’s suppliers, agents, subcontractors, employees or volunteers whether based inside or outside the United States for the purposes of our providing you with the trip.
54). By agreeing to these booking conditions, you consent to ITT’s staff taking photographs and/or video footage of you during the Trip and that these images may be used by ITT for publicity and training purposes including, but not limited to, in brochures, websites material and in the media.
_______________________________ _________________________________
Managing Director Client Signature
Ian Taylor
_______________________________ _________________________________
Signed on Behalf of ITT Name in Block Capitals
Ian Taylor Trekking