Please take the time to read and understand the conditions of booking set out below prior to booking a trip with us. We strongly recommend that you also read the itinerary es relating to your trip prior to booking to ensure that you understand the itinerary, style, driving, and physical demands of the trip you are undertaking.
Standard Booking Conditions
1. Our contract
All bookings are made with EarthCruiser Adventure. By booking a trip with us you have agreed to be bound by the terms and conditions set out in:
- these Booking Conditions;
- Essential Trip Information that applies to your trip; and
- Any Special Conditions that may apply,
(which constitutes the entire agreement between you and us).
Your booking will be accepted by us on this basis. The services to be provided are those referred to in your booking confirmation invoice.
Dates and itineraries are valid until 31 December 2022. Beyond 31 December 2022 dates and itineraries are indicative only.
3. Deposit requirement
50% of the full amount is payable at the time of booking.
4. Acceptance of booking and final payments
If we accept your booking, we will issue you with a booking confirmation invoice. A contract will exist between you and when we accept your payment.
5. Prices and surcharges
Our trip prices are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means our trip prices may vary at any time in accordance with demand, market conditions and availability. It is likely that different passengers on the same trip have been charged different prices. Your best option if you like the price you see is to book at that time. Any reduced pricing or discounts that may become available after you have paid your deposit will not apply. If you wish to cancel your booking to take advantage of a cheaper price, full cancellation conditions apply as set out below in clause 7 (Cancellation by You). The most up to date pricing is available on our website. Prices are based on currency exchange rates as of May 2022; note that prices may vary depending on which currency the booking is made. We reserve the right to impose surcharges up to 90 days before departure due to unfavorable changes in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. In such instances we will be responsible for any amount up to 2% of the trip price and you will be responsible for the balance. If any surcharge results in an increase of more than 10% of the trip price you may cancel the booking within 14 days of notification of the surcharge and obtain a full refund. Please note that a surcharge may be applied to a purchase made by credit card.
6. Your details
For us to confirm your travel arrangements, you must provide all requested details with the balance of the trip price. Necessary details vary by trip; they include but are not limited to full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. On some more demanding trips we also require you to complete and forward a Self-Assessment and Driving-Assessment form which will be provided to you by us.
7. Cancellation by you
If you cancel some or all portions of your booking the cancellation terms set out below will apply. A cancellation will only be effective when we receive written confirmation that you have sent to your relevant sales representative of the cancellation. If you cancel a trip:
- 89 days or fewer prior to departure, we will retain the full amount the of monies paid by you in connection with your booking.
- For domestic trips if you need to cancel for any reason more than 31 days from the trip’s departure we will refund all but $1000. We do not offer refunds for cancellations less than 30 days prior to the trip’s departure date. See individual trip itineraries for more details.
Note that different cancellation conditions apply to some styles of trips and additional services as set out in the Special Conditions and the itinerary Information relating to your trip. You are strongly advised to take out cancellation insurance at the time of booking. If you leave a trip for any reason after it has commenced, we are not obliged to make any refunds for unused services. If you fail to join a trip, join it after departure, or leave it prior to its completion, no refund will be made. The above cancellation terms are in addition to fees which may be levied by accommodation providers, travel agents or third-party tour and transport operator fees.
8. Cancellation by us
In the event that we cancel your trip, you can transfer amounts paid to an alternate departure date or receive a refund, unless your trip is cancelled due to a Force Majeure Event (as defined below in this clause 8).
Cancellation due to Force Majeure
If a trip is cancelled due to a Force Majeure Event, we can offer you a choice of:
(a) a 100% credit of monies paid for your trip; or
(b) a refund minus unrecoverable costs.
If the cancellation due to a Force Majeure Event occurs after a trip has commenced, we can offer you a choice of a pro-rata:
(a) 100% credit for the days that remain on your trip; or
(b) refund minus unrecoverable costs of the days that remain on your trip.
Any credit resulting from a cancellation under this clause 8 (Cancellation by us):
- does not have an expiry date and may be applied towards any other available trip offered by us;
- is not redeemable for cash;
- excludes flights or insurance as they will have their own booking conditions.
A “Force Majeure Event” includes but is not limited to: acts of God; war; civil commotion; riot; blockade or embargo; fire; explosion; breakdown; union dispute; earthquake; epidemic, pandemic or other health emergency; flood; windstorm or other extreme weather event; lack or failure of courses of supply; passage of any law, order, proclamation, regulation, ordinance, demand, requisition or requirement or any other act of any government authority, beyond the reasonable control of the parties, whether or not foreseeable, which would make it dangerous or not viable for a trip to commence or continue.
In the event of any cancellation, there will be no claim for damages by either party against the other and we are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.
The land price of your trip includes as described in the itinerary Information:
- all accommodation
- sightseeing, activities, and meals as outlined
- the services of a group leader
The land price of your trip does not include:
- international or internal flights unless specified
- shipping or transport of your vehicle to/from the starting/ending points of the trip, customs clearance and vehicle paperwork fees
- vehicle expenses including fuel, oil, local insurance, border fees, traffic fines or violations, road tolls or parking fees
- airport transfers, taxes and excess baggage charges unless specified
- meals other than those specified in the itinerary
- visa and passport fees
- travel insurance
- optional activities and all personal expenses.
11. Age & Health requirements
For the majority of our trips, the minimum age is 18 at the time of travel.
For the majority of our trips, we have no upper age limit though we remind you that our trips can be physically demanding and passengers must ensure that they are suitably fit to allow full participation. We can provide details on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination.
Please refer to the special conditions and the itinerary that relates to your trip.
12. Additional terms
For additional terms that apply to certain trips, please see the special conditions.
Due to the nature of some of our trips, in addition to these Booking Conditions, you may be required to sign and submit a separate waiver, different terms and/ or a release form to a third-party supplier who is helping to run your trip. A copy of this waiver can be provided to you prior to departure on request.
To the extent there are any inconsistencies between the terms of these Booking Conditions and the supplemental waiver, the terms of these Booking Conditions shall prevail and supersede any supplemental waiver. We reserve the right to deny participation to you if you have not signed a waiver.
13. Passport and visas
It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region you visit on your trip. This includes a valid passport and all travel documents required by us and/or the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies. Your passport must be valid 6 months after the last date of travel with is as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the trips, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by us that is a direct result of your failure to secure or be in possession of proper travel documentation.
14. Travel insurance
Travel insurance is mandatory for all our international tips and must be taken out at the time of booking. Your travel insurance must provide cover against personal accident, death, medical expenses, and emergency repatriation with a recommended minimum coverage of US$200,000 for each of the categories of cover. We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. You must provide your travel insurance policy number and the insurance company’s 24-hour emergency contact number on the first day of your trip; you will not be able to join the trip without these details. If you have travel insurance connected to your credit card or bank account, please ensure you have details of the participating insurer, the insurance policy number and emergency contact number with you rather than the bank’s name and credit card details.
15. Change of itinerary
You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, and amenities may be subject to alteration without prior notice due to local circumstances or events.
While we endeavor to operate all trips as described we reserve the right to change the trip itinerary. Please refer to our website before departure for the most recent updates to your itinerary.
Before departure: If we make a major change, we will inform you as soon as reasonably possible if there is time before departure. The definition of a major change is deemed to be a change affecting at least one day in five of the itinerary. When a major change is made you may choose between accepting the change, obtaining a refund of money paid on the land portion of the trip only or accepting an alternative trip offered.
After departure: We reserve the right to change an itinerary after departure due to local circumstances or a Force Majeure Event. In such emergency circumstances, the additional cost of any necessary itinerary alterations will be covered by you.
Please note we are not responsible for any incidental expenses that may be incurred as a result of any change in itineraries including but not limited to visas, vaccinations or non-refundable or non-changeable flights.
16. Authority on tour
Our trips are run by a group leader. The decision of the group leader is final on all matters likely to affect the safety or well-being of any traveler or staff member participating in the trip. If you fail to comply with a decision made by a group leader, or interfere with the well-being or mobility of the group, the group leader may direct you to leave the trip immediately, with no right of refund. We may also elect not to carry you on any future trips booked. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited.
17. Acceptance of risk
You acknowledge that the nature of the trip may be adventurous, and participation involves a degree of personal risk. You may be visiting places where the political, cultural, and geographical attributes present dangers and physical challenges greater than those present in our daily lives.
You acknowledge that you are choosing to travel at a time where you may be exposed to the COVID-19 virus. We will take all reasonable steps to ensure your safety and may require you to follow additional safety protocols on your trip.
We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However, it is also your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.
When joining a trip customer must be in good physical condition for driving and keeping the pace of such a tour. We will drive almost every day and we cannot be hold responsible for not having the strength to keep up the rhythm. It is also vital that customer have the appropriate level of skills for driving their vehicle on different types of roads. (city crossing, eventual traffic jams, twisty mountain roads, snow and rain, etc). Each participant accepts the risks and danger inherent to any vehicle travel.
18. Road Regulations, Driving Instructions, Mechanical Breakdowns, Vehicle Insurance and Permits
All customers must comply with the road and regulations of the country. We cannot be hold responsible for any damage resulting of improper driving behavior. Any driving offense made by a participant will be paid by him. EarthCruiser Adventure reserve the right to exclude any participants that have a dangerous driving behavior, without refund. EarthCruiser Adventure will not accept drivers without proper driving and self-recovery equipment.
When driving with a guided tour as a group it is your responsibility to follow the group leader instructions. Any breaches may invalidate your insurance cover or your tour agreement.
Damages and mechanical breakdowns are the responsibility of the vehicle owner and not EarthCruiser Adventure.
Obtaining vehicle insurance and all permits and fees required to drive the vehicle in the country(ies) visited are the responsibility of the vehicle owner and not EarthCruiser Adventure.
19. Liability and service guarantee
Our services which include our trips (“Services”) may come with guarantees that cannot be excluded under U.S. law.
19.1 To the maximum extent permitted by law, we exclude all liability whatsoever to you or any other person (whether in contract tort or otherwise) for any loss (whether direct, indirect, consequential) including death, personal injury, vehicle damage, or damage of any kind that may be suffered as a result of any act or omission whether negligent or otherwise by or on behalf of us in connection with the Services or any other matter or thing relating to these Booking Conditions except to the extent that such loss or damage is incurred as a direct result of our fraud or willful misconduct.
19.2 (Limitation of Liability) Where the law implies a warranty into these Booking Conditions which may not lawfully be our liability for breach of such a warranty will be limited to either supplying the Services again or payment of the cost of having the services supplied again.
19.3 (Indemnity) You indemnify us (and all of our subsidiaries, officers, employees, contractors and agents) against all losses, claims actions, proceedings, damages, costs and expenses (including legal fees) arising from any claim by a third party arising directly or indirectly out of or in connection with:
(a) your access or use of the Services, this includes your delegate’s access or use of the Services; and
(b) any breach by you (or your delegate) of:
(i) these Booking Conditions; or
(ii) any additional terms applicable to providing the Services,
except to the extent that such loss or damage as a direct result of our fraud or willful misconduct.
19.4 (Third parties) We contract with a network of companies, activity providers, accommodation providers, airlines, coach and transfer companies, tour and local guides, government agencies, independent contractors and individuals to assist in the running of our trips as agent for these third parties (Third Party Supplier). Third Party Suppliers may also engage the services of local operators and sub-contractors. Although we take all reasonable steps to select reputable Third Party Suppliers, we cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers may be subject to the terms and conditions imposed by these Third Party Suppliers and you may be required to sign additional terms as set out in clause 12. These may limit or exclude the liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and we do not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.
We are not responsible for the acts and omissions, whether negligent or otherwise, of these Third Parties Suppliers. Any disputes between you and any third party, are to be resolved solely between you and that party.
19.5 (Vicarious liability) We shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by us nor for any intentional or negligent acts of our employees committed while off duty or outside the course and scope of their employment.
20. Optional activities
Optional activities not included in the trip price do not form part of the trip or this contract. You accept that any assistance, recommendations, or advice given by your group leader or local representative in arranging optional activities (including before or after a trip) does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider.
21. Claims & complaints
If you have a complaint about your trip, please inform your group leader or our local representative at the time so that they can attempt to rectify the matter. If you believe that your complaint has not been resolved through these means, then any further complaint should be put in writing to us within 30 days of the end of the trip.
In the event that any term or condition contained in these Booking Conditions 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 this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
24. Applicable law
The laws of The United States of America govern these Booking Conditions to the fullest extent allowable. Nothing in these Booking Conditions, including this clause 22, affects your rights as a consumer to rely on any applicable local laws.
25. Promotional terms
From time to time, we may run promotions and special offers (Promotions) on our website which are subject to both these Booking Conditions and any additional promotion-specific terms which are incorporated into these Booking Conditions by reference. You should ensure that you read the specific conditions that apply to each Promotion.
Promotions are available for a limited time, as defined on our website. We reserve the right to cancel or change any Promotion at any time in our discretion. By purchasing a trip on a promotional basis, you agree and accept the terms that apply to the applicable Promotion. In the event of any inconsistencies between these Booking Conditions and the Promotional terms, the Promotional terms apply to your booking.