BOOKING CONDITIONS
This is where your
journey begins! Please read these booking conditions carefully. They
set out your agreement with Gecko’s and contain important information.
We’ve tried to keep the fine print to a minimum, so please bear with
us. The Antarctica trips described on this website are operated by
Supernova Expeditions Ltd, trading as Quark Expeditions Inc, for which
Gecko’s Adventures is a sales agent. All other trips described on this
website are operated by Peregrine Adventures Pty Ltd trading as Gecko’s
Adventures, which has its head office in Melbourne, Australia
(“Gecko’s”). Peregrine Adventures Pty Ltd is a member of the First
Choice group of companies, of First Choice House, London Road, Crawley,
West Sussex, RH10 9GX, United Kingdom.
Our Contract
These
Booking Conditions contain important information. It is essential that
you carefully read and understand them. The Booking Conditions
constitute a legally binding contract between Gecko’s and you for the
services provided by Gecko’s and set out the basis of your legal
relationship with Gecko’s.
By booking with us and paying the
non-refundable deposit of $250 per passenger ($1350 for Antarctica),
per trip, or full payment, you acknowledge that you have read,
understood and agree to be legally bound by these Booking Conditions.
Acceptance of your booking will be confirmed in writing to you or your
travel agent, and a contract comes into existence on the date shown on
your confirmation letter or email.
If you have any queries
regarding these Conditions or do not understand them, please raise your
query with a member of our staff.
1) PRICES AND VALIDITY
Prices
are based on costs and exchange rates applicable when released on the
web. Gecko’s reserves the right to adjust prices whether or not you
have already made full payment. We will do everything with in our
control not to adjust prices and will generally only amend prices in
the event of marked fluctuations in exchange rates, fuel costs and
other operating costs on which prices are based. Dates and itineraries
departing after 31 October 2008 (01 October 2008 for Asia) are
indicative only and subject to change. Airfares (except when otherwise
stated), passport and visa fees, travel insurance, excess baggage
charges, airport taxes, gratuities to leaders and guides, extra meals,
laundry, drinks, medical expenses, optional activities and trips, and
any items of a personal nature are not included in your trip price.
2) YOUR TRIP AND ASSUMPTION OF RISK
Gecko’s
operates trips in regions where standards of accommodation, transport,
safety, hygiene, medical facilities and other infrastructure may, at
times, not be of the standard that you are used to at home.
By booking with us you acknowledge that participation in all Gecko’s
trips involves inherent risks that may not be present in the case of
conventional or less demanding holidays. These risks include, without
limitation, the possibility of injury or death, psychological trauma,
disease, loss or damage to property, inconvenience and discomfort. The
possibility of experiencing all or some of these risks is likely to be
higher if participation in a Gecko’s trip involves visiting remote or
unstable regions, or regions where there is dangerous wildlife.
When assessing whether trips will operate Gecko’s uses information from
its local offices in conjunction with advice from the Australian
Department of Foreign Affairs and Trade, the British Foreign Office and
the US Department of State. It is your responsibility to accustom
yourself with the travel advice provided by these government bodies, as
well as that of your country of residency, before commencing the trip.
By booking with Gecko’s you acknowledge your decision to travel on a
Gecko’s trip is made after due consideration of relevant travel
information that may be made available at any time.
Condition 2 .b refers only to bookings for travel to Africa
2.b) Acceptance of Risk
Please
be assured that the Gecko’s service providers will always do the utmost
to ensure your safety and well-being when on tour. Therefore, you
accept that on certain tours in Africa, which travel through areas with
dangerous wildlife, Gecko’s’ local service providers will on day 1 of
the tour need you to sign an ‘Acceptance of Risk’ form prior to
accepting your participation on the tour. The purpose of the form is to
make you aware of the risks and dangers involved with travelling in
these areas, and to indemnify the service provider and Gecko’s from any
claims made by you for incidents arising due to circumstances outside
the service provider’s and Gecko’s’ reasonable control. You may request
a copy of the applicable form by contacting Gecko’s, or visiting our
website.
3) EXCLUSION OF LIABILITY
Except where
stated otherwise, Gecko’s acts as agent for service providers when
making arrangements for your trip. Where Gecko’s provides services it
will do so with due care and skill. Gecko’s is not responsible for the
acts and omissions of others, including tour guides, airlines and
accommodation providers or for any loss, damage, death, injury or
expense (including loss of money paid in advance), which you may incur
as a consequence of the acts and omissions of others. You warrant that
you have not relied on any representation made by Gecko’s, any travel
agent or other Representative, which has not been stated expressly on
this website.
Gecko’s will not accept responsibility or
liability if you contravene any law or regulation of any country or
region visited. Any independent arrangements that you make that are not
part of the Gecko’s trip (including pre- and post accommodation) are
entirely at your own risk and Gecko’s cannot and does not give you any
assurance, representation or warranty in connection with any such
arrangements.
To the fullest extent permitted by law and subject
to the exception set out below, Gecko’s does not accept liability for
any loss, death, injury or damage, however caused (including through
negligence), which you may directly or indirectly suffer in connection
with or arising from this contract or your participation in a trip, or
in respect of a failure or omission on the part of Gecko’s to comply
with its obligations under this contract, or in respect of any other
conduct that Gecko’s undertakes in connection with a trip. To the
fullest extent permitted by law and subject to the exception set out
below, you also agree to release Gecko’s and its officers, employees,
agents and representatives (“Representatives”) from all costs,
liability, loss and damage incurred by you in connection with your
participation in any trip, and waive any associated claims that you may
have against Gecko’s or its Representatives as a result of your
participation in any trip. For these purposes, Gecko’s enters into
these Booking Conditions as trustee or agent for its Representatives.
To the fullest extent permitted by law and subject to the exception set
out below, any condition or warranty, which would otherwise be implied
into these Booking Conditions is excluded. Where legislation implies
any condition or warranty, and that legislation prohibits us from
excluding or modifying the application of, or our liability under, any
such condition or warranty, that condition or warranty will be deemed
included but our liability will be limited for a breach of that
condition or warranty to one or more of the following: (a) if the
breach relates to goods, (i) the replacement of the goods or the supply
of equivalent goods, (ii) the repair of such goods, (iii) the payment
of the cost of replacing the goods or of acquiring equivalent goods or
(iv) the payment of the cost of having the goods repaired; and (b) if
the breach relates to services, (i) the supplying of the services again
or (ii) the payment of the cost of having the services supplied again.
Exception
The “Exclusion of Liability” section set out in these Booking
Conditions does not attempt or purport to exclude, restrict or modify
liability arising under, or remedies that may be available to you,
pursuant to legislation where the exclusion, restriction or
modification of liability or remedies is not permitted. This includes
legislation in part of the Trade Practices Act 1974 (Cth), and any
state or territory Fair Trading Act (or its equivalent).
4) CANCELLATION BY GECKO'S
Gecko’s
reserves the right to cancel a departure and will advise you of such
cancellations no later than 56 days (90 days for Antarctica) before the
tour departure date. If due to ‘Force Majeure’ or government travel
advice, Gecko’s reserves the right to cancel a departure at any time.
With any form of cancellation, Gecko’s will offer you alternative
arrangements, and if the price of your alternative booking is of lower
value than the original booking we will refund the difference to you.
If you do not accept alternative arrangements we will refund all
payments you have made to Gecko’s, (in case of ‘Force Majeure’ or
government travel advice refunds will be less any unrecoverable costs).
Gecko’s will not be liable for any additional costs incurred by you.
Force Majeure
Gecko’s
will not be liable for any delay in, change to or cancellation of trips
due to ‘Force Majeure’. ‘Force Majeure’ means a circumstance beyond the
reasonable control of Gecko’s and includes, but is not limited to, war
or threat of war, riot, civil strife, terrorist activity, industrial
dispute, disease, industrial or nuclear disaster, adverse weather
conditions, fire and strikes.
5) CANCELLATION BY YOU
If
you wish to cancel all or any part of your booking, notification of
cancellation must be made to Gecko’s in writing. The date of the
cancellation is the date on which Gecko’s receives written
notification. Days before departure Charge applicable as follows, per
person:
Antarctica (only)
More than 150 days - Loss of $675
administration fee
Between 150 and 90 days - Loss of deposit
90 days or less - Loss of 100% of total booking cost
All other tours/destinations
More than 56 days - Loss of deposit
Between 56 and 30 days - Loss of 50% of total booking cost
30 days or less - Loss of 100% of total booking cost
Cancellation
fees for air tickets issued by or on behalf of Gecko’s will apply as
determined by Airline Tariff Regulations, and may vary as to the type
of ticket issued. Depending on the reason for your cancellation, these
charges may be recoverable under any insurance policy you have
purchased.
If you do not pay the balance of your total booking
cost within 56 days (90 days for Antarctica) of departure your booking
may be terminated and you will lose your deposit. Additional Gecko’s
cancellation penalties may apply. No refunds will be made if you leave
a trip for any reason after the trip has begun. No refunds will be made
for any accommodation, transport, sightseeing, meals or services not
utilised.
If you have taken the option to purchase carbon
credits to offset your Gecko’s adventure, and you for any reason decide
to cancel your trip before the departure date, we will refund you the
full carbon offset amount. If you cancel your trip at any time after
tour departure the offset amount is non-refundable.
6) BOOKING AMENDMENTS
If you wish to change your booking in any way, the following fees will apply:
1. Transfer from one tour to another
Amendment
request received by Gecko’s 56 days or more prior to the original tour
departure date: $100 per person per trip will be levied and must be
paid prior to any transfer being confirmed.
Amendment request
received by Gecko’s within 56 days prior to the original tour departure
date: charges will apply as per cancellation fees.
2.
Amendments to your booking, in relation to any other arrangements made
in conjunction with your tour (e.g. pre- and post tour accommodation,
transfers, etc), received by Gecko’s within 56 days (90 days for
Antarctica) prior to tour departure date will be subject to a $50
administration fee per change. This fee is in addition to any charges
levied by ground operators, hotels or airlines.
3. No amendments are permitted to your booking within 10 days of departure.
7) LATE BOOKINGS
For
bookings made within 15 days prior to departure, Gecko’s reserves the
right to charge a late booking fee of $50 per booking. On some trips it
is not possible for us to accept late bookings.
8) CHANGES TO YOUR HOLIDAY
You
acknowledge that travelling with Gecko’s requires a degree of
flexibility, good humour, and an understanding that the itinerary,
accommodation, and/or modes of transport may change, even after a
tour’s commencement, without prior notice due to local circumstances.
Changes may occur because of ‘Force Majeure’, poor road conditions,
weather, the availability of tickets, vehicle breakdowns, changes in
transport schedules, or other circumstances beyond Gecko’s’ control or
which simply cannot be foreseen. Gecko’s does not accept any
responsibility for loss of enjoyment, delays or compensation resulting
from circumstances beyond Gecko’s’ control. You acknowledge that group
sizes may also vary during the duration of your tour.
The
information about trips given on this website, Trip Notes and
Pre-Departure Information are subject to change. It is your
responsibility to review the up-to-date Trip Notes and Pre-Departure
Information. These can be obtained from Gecko’s, Gecko’s’ website or
your travel agent. The information and conditions in the Trip Notes and
Pre-Departure Information are deemed to be part of the contract. Where
changes to your trip occur after you have received your final
documentation we will, where practical, advise you or your travel agent
of such changes.
Antarctica (only)
Due to
the nature of these expeditions, weather, ice or government regulations
may require changes to be made to your itinerary and/or the
cancellation of some shore excursions. Every attempt will be made to
adhere to the itineraries described within the limits of safety and
time. In the event of changes, participants have no right to any refund
or other compensation. Expedition prices are based on group
participation. Should you choose not to take part in any activity or
make use of any service provided, no refund will be made. Should the
advertised tour leader or lecturer be unable to lead the tour due to
illness or other reasons, a substitute person shall be found and no
refund shall be made as a result of this change. Quark Expeditions
reserves the right to substitute the advertised vessel at any time with
any other expedition vessel of appropriate standard.
9) AUTHORITY OF THE LEADER
At
all times the decision of the Gecko’s leader or representative
(“Gecko’s Leader”) will be final on all matters likely to affect the
safety and well-being of the trip. This includes any decision that the
Gecko’s Leader makes about your on-going participation in the trip or
certain activities that comprise part of the trip. If you fail to
comply with a decision made by a Gecko’s Leader, or interfere with the
well-being of the group, then the Gecko’s Leader reserves the right to
terminate this contract and order you to leave the tour immediately,
with no right of refund.
10) COMPLAINTS
If you have
any complaint about your trip, you must make it known at the earliest
opportunity to the leader and/or Gecko’s local representative, who will
normally be able to take appropriate action. If at the end of the trip
you feel your complaint has not been properly dealt with you must
notify us in writing within 30 days of the end of your trip.
11) TRAVEL INSURANCE
Adequate
and valid travel insurance is compulsory for all Gecko’s’ travellers.
Your travel insurance must cover accidents, injury, illness and death
medical expenses, including any related to pre-existing medical
conditions, emergency repatriation (including helicopter rescue and air
ambulance where applicable) and personal liability. Gecko’s also
recommends it covers cancellation, curtailment and loss of luggage and
personal effects. You must carry proof of insurance with you and
produce it if reasonably requested by Gecko’s’ employees or suppliers.
Gecko’s reserves the right to cancel or suspend your participation on a
trip or in certain activities that comprise part of a trip, at any
time, including after the commencement of your tour, with no right of
refund, if you are unable to provide proof of insurance when requested.
12) PASSPORT AND VISAS
It
is your responsibility that you carry a valid passport and have
obtained the appropriate visas when travelling with Gecko’s. Please
ensure that your passport is valid for 6 months beyond the duration of
your holiday.
13) HEALTH, FITNESS, TRIP GRADES AND AGE LIMITS
It
is your responsibility to advise Gecko’s of any pre-existing medical
condition and/or disability that might reasonably be expected to
increase the risk of you requiring medical attention, or that might
affect the normal conduct of a tour and the enjoyment of other trip
members. You may be required to provide an assessment of your medical
condition from a qualified medical practitioner if requested by Gecko’s
or our suppliers. Gecko’s reserves the right, at its reasonable
discretion, to cancel your booking and refund the money paid by you,
less any unrecoverable costs. Gecko’s also reserves the right to cancel
your participation in a trip at any time, including after the
commencement of your trip, with no right of refund if your medical
condition and/or disability could be reasonably expected to affect the
normal conduct of the trip and the enjoyment of other trip members.
All travellers over the age of sixty will be required to complete a
special Gecko’s health and fitness questionnaire to assess their
suitability of the tour in question. All travellers over the age of
seventy must additionally provide a doctor’s letter clearing them for
their specific tour.
Generally, we do not accept travellers
under the age of 18 years on Gecko’s scheduled itineraries. However, we
will occasionally make exceptions for under-18s travelling with their
legal guardian. The decision for any person under 18 years of age to
travel on our scheduled itineraries is at the absolute discretion of
Gecko’s. For further information please contact Gecko’s Adventures.
14) PUBLICITY
You
agree that Gecko’s may use images of you taken during the trip without
recourse to you and without compensation to you, for publicity and
promotion purposes only through whatever medium it chooses.
15) PRIVACY
In
order to be able to supply a service to you Gecko’s will need to
collect certain information from you, some of which may be of a
personal nature. The information may be disclosed to, or collected on
our behalf by our service providers to enable the services to be
provided, but will not be used by them for any other purpose. Please
call us on +61 3 8601 4301 for further information or refer to our
website:
http://www.geckosadventures.com/disclaimer.asp
CONDITIONS 16 ARE ADDITIONAL WHICH REFER ONLY TO ANTARCTICA EXPEDITION BOOKINGS
16) PASSAGE TERMS ANTARCTICA (ONLY)
Please
note that the acceptance of bookings and the carriage of passengers is
strictly in accordance with the terms and conditions of Supernova
Expeditions’ Cruise Contract, the terms of which are incorporated into
and form part of these booking conditions. A copy of Supernova
Expeditions’ Cruise Contract will be provided on request. Your Cruise
Contract detailing these terms and conditions will be issued with your
booking confirmation, and must be signed and returned to us within 90
days before departure. You should note that the terms and conditions of
Supernova Expeditions’ Cruise Contract may either excuse Supernova
Expeditions from liability for damages arising from illness, personal
injury or death or damage to or loss of property or may limit such
liability. Gecko’s will not issue your Supernova Expeditions Cruise
Contract unless you have established to Gecko’s that you have obtained
appropriate travel insurance.
17) GOVERNING LAW
This
agreement will be governed by and construed in accordance with the law
of Victoria, Australia and each party agrees to submit to the exclusive
jurisdiction of the courts of Victoria, Australia as regards any claim
or matter arising under this agreement.
HOW TO BOOK
1. Check Availability. Contact
Gecko’s or your travel agent or go to www.geckosadventures.com to check
availability. Book early to guarantee your place.
2. Booking Conditions.
Carefully read our Booking Conditions on the previous page. By booking
with us and paying a deposit (or full payment) you acknowledge that you
have read and understood the Booking Conditions and that you agree to
be bound by the Booking Conditions.
3. Deposit and Booking Form. Pay
your non-refundable deposit of $250 per trip per passenger, or full
payment if within 56 days (90 days for Antarctica) of departure and
complete the Booking Form, accurately and in block letters. We cannot
confirm your booking or release any documents unless we receive full
name, sex, date of birth, passport details and pre-existing medical
conditions for each passenger. Please note that credit card payments
are subject to extra charges.
4. Finalise Your Booking. Please
ensure that you finalise your booking early. Any amendments to your
booking, in relation to any other arrangements made in conjunction with
your tour (e.g. pre- and post tour accommodation, transfers, etc),
received by Gecko’s within 56 days (90 days for Antarctica) of tour
departure date will be subject to a $50 administration fee per change.
5. Comprehensive Travel Insurance. You must have comprehensive travel insurance to travel with us.
6. Make Final Payment.
You must pay the full balance of your trip’s cost 56 days (90 days for
Antarctica) before departure. In certain limited circumstances outlined
in the Booking Conditions we may be forced to adjust our prices even
after full payment. Please note that credit card payments are subject
to extra charges.
7. Final Documentation. Your final documentation and tickets will be released when Gecko’s has received full payment and a completed Booking Form.