GENERAL TERMS AND CONDITIONS

 

 

VOLUNTARY PARTICIPATION

 

By registering and/or booking a Nomad Photo Expedition trip, you, as “The Participant” acknowledge that you have  read, understood and agreed  to be bound by the following Terms.

 

 

RESPONSIBILITIES OF PARTICIPANTS 

 

The participant bears full responsibility for comprehending the terms and conditions outlined herein. Furthermore, the participant is expected to adequately prepare for the expedition by thoroughly reviewing the trip itinerary and supplementary information provided in the pre-trip documentation.

 

The participant should also consult his or her physician to determine his /her suitability for the Trip and to discuss any over the counter or prescription medicines he/she should consider taking relative to the demands of the Trip (e.g.  in the case of trips which travel to higher altitudes).  We reserve the right in our sole discretion to accept, decline to accept, or remove any participant on a Trip at any time during the Trip. In the event of removal from a Trip, refunds are not given.

 

 

MEDICAL AUTHORIZATION AND COVERAGE

 

The participant is responsible for assessing whether a trip is suitable for him. He should consult his physician to confirm his fitness for travel and participation in any planned activities. He should seek his physician’s advice on vaccinations and medical precautions. Trekking y Aventura and/or Nomad Photo Expeditions does not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the Tour based on your own unique circumstances, limitations, fitness level and medical requirements.

 

Travel in our trips may involve visiting remote or developing regions, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country. The condition of medical facilities in the countries you may visit on your photo tour varies and we make no representation and give no warranties in relation to the availability or standard of medical facilities in those regions.

 

In the event the participant becomes sufficiently incapacitated as to be unable to direct his or her own care, there is no one on the trip who can direct participant’s care, and Trekking & Aventura or Nomad Photo Expeditions is unable or does not have time to contact participant’s emergency contact, the participant, by registering and/or paying a deposit for an Expedition, authorizes any medical treatment deemed necessary in the event of any injury or illness while participating in the activity including, but not limited to, X-ray, examination, anaesthetic, medical or surgical diagnosis, or treatment and hospital care which is deemed advisable by, and is to be rendered by a duly licensed physician deemed competent to render the necessary care.

 

In addition, the participant certifies that they have medical insurance which will cover personal accidents, medical expenses, medical evacuation, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the participant, or that in the absence of this medical insurance coverage, the participant agrees to pay all costs of rescue and/or medical services as may be incurred on the participant’s behalf.

 

 

ASSUMPTION OF RISK.

 

 

By registering for an Expedition, the participant acknowledges that he/she is aware that travel such as the Expedition he/she is undertaking involves potentially dangerous activities, some in remote areas of the world, with a risk of illness, injury or death which may be caused by forces of nature, illness, or by willful or criminal conduct of third parties or by terrorism.

 

 

The participant further acknowledges that weather conditions may be severe, adverse and/or unpleasant and that medical services or facilities may not be readily available or accessible or consistent with standards in the United States during some or all of the time during which he/she is participating on the trip and that when available may not be of the quality which exists in the United States.

 

 

 

 

SPECIFIC COVID ASSUMPTION OF RISK.

 

 

The client acknowledges the contagious nature of COVID-19 and voluntarily assumes  the risk that he may be exposed to or infected by COVID-19 by participating in the trip and that such infection may result in illness, permanent disability, and death. The client  understands that the risk of becoming infected by COVID-19 on a Nomad Photo Expedition trip may result from the actions, omissions, or negligence of himself and others, including, but not limited to Trekking y Aventura and/or Nomad Photo Expedition  employees, suppliers (and their employees) and other passengers.

 

The client has full knowledge of travel recommendations, restrictions, regulations, and risks with regards to COVID-19, as well as the possibility of future travel restrictions, and takes full responsibility for his actions with regards to traveling.

 

Additionally, he understands and agrees that the COVID-19 pandemic is a rapidly changing situation and that all travel precautions, travel restrictions, and pandemic protection policies are subject to change at any time and without notice.

 

 

 

MEDICAL & HEALTH .

 

 

Participants must be in good physical and mental health. Any physical condition, diet, or treatment requiring special attention must be reported in writing when the reservation is made.

 

By registering for a Trip, the participant certifies that he/she is physically fit and does not have a condition that would limit mobility. The participant further certifies that he/she does not have any mental, physical, or other condition or disability that would create a hazard for him/herself or other participants.

 

The participant must notify us of any medical issues well before departure. We reserve the right in our sole discretion to accept, decline to accept, or remove any participant on a Trip at any time during the Trip. In the event of removal from a Trip, refunds are not given.

 

Hospital facilities or appropriate medical facilities or doctors are often unavailable and evacuation can be prolonged, difficult, and expensive. We assume no liability regarding provision of medical care.

Physician Certificate must be signed by the participant’s physician and returned to us within 30 days after the participant receives it.

 

The State Department (www.travel.state.gov) and the Centers for Disease Control and Prevention (www.cdc.gov) periodically issue statements, advisories and warnings about risks to travelers. These statements are country specific and contain important information.  We urge all participants to review these sites. 

 

 

 

SUBJECT TO CHANGE. PHOTOGRAPHER AND PRICE.

 

In the event that the originally assigned photographer(s) is/are unable to accompany the trip due to any reason whatsoever, including but not limited to logistical complications, insufficient or invalid travel documentation, medical conditions or illnesses, reassignment to another different trip, or any other cause, the organizers reserve the right to substitute the originally assigned photographer(s). Replacement professional photographer should have a background and experience in leading  photo tours.

 

The organizers may communicate such substitution at any point prior to or during the course of the trip. The substitution of photographer(s) as described herein shall not constitute grounds for refund of any fees paid or discount or reduction in the trip cost.

 

We reserve the right to amend the price of unsold tours at any time and correct errors in the prices of confirmed tours.

 

 

We also reserve the right to increase the price of confirmed tours solely to allow for increases which are a direct consequence of changes in:

 

1. a) Significant increase in transfer tariffs directly caused by the market price increase of fuel and other sources of energy,
2. b) Significant increase of the value-added tax and other taxes such as tourist tax, airport taxes, embarkation and disembarkation fees at seaports and airports and
3. c) Significant increase in currency exchange rates.

 

The itinerary price can increase only by the reciprocal price increase percentage of the above-mentioned elements.

We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements. You will be charged for the amount over and above that up to a maximum of 8 % of the initially agreed package travel arrangement price.

 

Should the price increase exceed 8 % you will have the option of accepting a change to another tour if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges, bank and/or transfer commissions and/or additional services or travel arrangements.

 

Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the date of the written notification of this increase.

 

 

FITNESS:

 

You are expected to be in reasonable shape and fitness and being able to walk for several hours at a normal pace as well as to take care of your own equipment. You could have to transport your own luggage and bags in airports and hotels. By registering in our trips you attest that you have no physical limitation or incapacity that could create risk to or impact in the rhythm of the rest of the group.  We reserve the right to refuse the participation of any participant not considered suitable due to his fitness level.

 

The majority of trips are not strenuous (see exceptions for particular destinations) and anyone who is reasonably fit should be able to take part in most of the activities. You may experience general fatigue due to the long flights and the change in time zones. You will need to be sufficiently agile to climb in and out of the tour van and be able to carry and manage your own equipment. We will frequently hike trails ranging from easy to moderate. Some hotels do not have elevators or air conditioners. 

 

If you have any special needs or any physical condition that you feel might prevent you from fully participating, please contact Trekking y Aventura

 

 

 INSURANCE

 

You are required to purchase insurance, with the minimum requirements listed hereunder, that is valid internationally, and you will be kindly asked to provide proof prior to departure for the trip in order to participate.

 

 

Minimum insurance requirements:

–  Trip Cancellation Coverage

–  Covid-19 cancellation and assistance

–  Accident & Sickness Medical Expense Coverage (minimum $100,000 USD)

–  Emergency Evacuation & Repatriation of Remains (minimum $200,000 USD)

–  Accidental Death / Dismemberment

 

Travel  Insurance helps to minimize the risk of monetary losses you would incur in the event of a delay of your departure due to weather, airline strike, missed connection, etc., your inability to travel for reasons such as illness, injury, unforeseen financial complications and other personal circumstances, or if you were required to cut your trip short for medical or any other Medical Insurance

 

You should carry your own insurance when travelling with us. Learn what medical services your health insurance will cover overseas.  Whether your insurance is valid overseas or not, you may be required to pay for care when you receive it. If your insurance policy does not cover you abroad, consider purchasing a short-term policy that does.  Many travel agents and private companies offer insurance plans that will cover health care expenses incurred overseas including emergency services such as medical evacuations.

 

NOTE: Social Security and Medicare do not provide coverage outside of the U.S.

 

We hold no commercial interests with the Insurance Companies other than the services they may provide for the convenience of our customers. We therefore bear no responsibility for the veracity of the information contained therein.

An interesting link where you can Compare Plans   https://www.travelinsurance.com/

 

 

 

THE AGENT

 

Travel arrangements, logistics, bookings, support, insurance, and everything related to the activity of  a Travel Agent are organized by Viajes Trekking y Aventura c.i.c ma 1038, in accordance with the laws in force.

 

The pace of each journey, the dedication to one or another theme and/or region, is designed by Harry Fisch based on his experience in the region, research and/or accounts of other travelers, as well as relationships established over the years at various destinations.  Harry Fisch or Nomad Photo Expeditions does not own or operate any entity, which is to or does provide goods or services for your trip including, for example, lodging facilities, airline, vessel, minibus, or other transportation companies, guides or guide services, local ground operators, providers or organizers of optional excursions, food service providers, etc. All such persons and entities are independent contractors. As a result, Harry Fisch or Nomad Photo Expeditions is not liable for any negligent or willful act or failure to act of any such person or entity or of any third party.

 

Any airline tickets issued are subject to the carrier’s refund policy. Leaving an expedition in progress, for any reason whatsoever, will not result in a refund, and no refunds will be made for any unused portions of an expedition. No refunds will be given for unused hotel rooms, meals, sightseeing trips, or trek arrangements.

 

 

 

ITINERARY MODIFICATION & LIABILITIES

 

We reserve the right to cancel any trip because of inadequate enrollment that makes the trip economically infeasible to operate or because of our concerns with respect to the safety, health, or welfare of the participants. If an expedition is canceled by us prior to departure, Trekking & Aventura  will provide the participant with a full refund of monies paid to them.

 

In the case of force majeure, we will refund the amounts received minus the amounts paid to suppliers that are not eligible by them for reimbursement.

 

The applicant acknowledges that travel on a Trekking & Aventura  trip  requires a degree of   flexibility,   and  understands  that  the  trip’s  route,  accommodation  and  modes  of  transport  are  subject to  change  without  prior  notice  due  to  local  circumstances.    Should  Trekking y Aventura   deem  it advisable  to  amend  an  itinerary  for  any   reason,  it  may  do  so  by  shortening,  varying  or  rerouting any  trip.    These  changes  are  binding  and  additional expenses  will  be  charged  to  the  applicant  if  the reason  for  any  major  alteration  is  outside  Trekking y Aventura control.

 

If we cancel the trip in progress, the participant will receive a prorated refund and/or a credit based on the number of days not completed on the expedition. We will not be responsible for any additional expenses incurred by participant in his/her preparation for the trip (e.g., nonrefundable airline tickets visa fees, if applicable clothing, equipment and medical expenses, etc.). 

 

 The itineraries and staff are subject to modification and change by Trekking y Aventura and/or Nomad Photo Expedition. We reserve the right, without penalty, to make changes in the published itinerary whenever, in our judgment, conditions warrant, or if we deem it necessary for the comfort, convenience, or safety of participants.

The participant further acknowledges that weather conditions may be severe, adverse and/or unpleasant and that medical services or facilities may not be readily available or accessible during some or all of the time during which he/she is participating on the trip.

 

While  travelling  with  Trekking y Aventura  the  applicant  agrees  to  accept  the  authority of the  leader  or  local operator at all times. The applicant is aware that travel within  a group may  involve  compromise  to accommodate  the  diverse  desires and  physical abilities   of group members. The applicant  understands  that Trekking y Aventura  reserves  the right  to decline, accept, or retain any person as a member of the group at any  time.

 

Itineraries have been carefully constructed to assure participants the best each destination has to offer; however, should events arise that are beyond our control, activities and hotel arrangements are subject to change without notice. The itineraries summarize typical areas you will explore. Since there is no possible way to visit all of them, your guides will plan each day considering the interests of the group and the weather at hand. Be assured that we will make substitutions that are as similar in quality and interest as possible.

 

The participant acknowledges that he/she is aware that  such a the trip he/she is undertaking  in remote areas of the world implies a risk of illness, injury or death which may be caused by forces of nature, illness, or by willful or criminal conduct of third parties or by terrorism. You acknowledge that travel to foreign countries entails unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to yourself, to property, or to third parties. You understand that such risks simply cannot be

 

eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: the hazards of walking on uneven terrain (cobblestones) and slips and falls, street muggings, hijacking, your own physical condition.

Trekking & Aventura assumes and incurs no liability as a result of any weather event, war, pandemic, unrest, political confrontation or other act of God which may occur anywhere in the world that may impact this trip.

 

Trekking & Aventura has no liability for any events over which they do not have direct control and may alter or influence. Trekking & Aventura reserves the right to substitute hotels or accommodations with a similar category for those previously indicated and make any changes in the itinerary with respect to location, transportation or other trip details.

 

Trekking & Aventura may cancel any trip prior to departure if they feel it is in the best interest of the trip and the participants to do so. Trekking & Aventura is charged with insuring the best interest of its clients and does everything reasonably expected to ensure their safety and well-being. However, Trekking & Aventura  is not responsible for any costs or expenses and will not refund any trip payments nor is Trekking & Aventura  further liable for any other trip preparation expenses, including air tickets, visas, medical expenses or any other costs incurred in preparing for said trip.

 

Trekking & Aventura   reserves the right to substitute trip leaders  and/or photographers from those originally specified and to accept or retain any person as a member of any trip. Trekking & Aventura further reserves the right to modify, change or cancel the itinerary as it sees fit.

 

Trekking & Aventura  and/or their agents are acting only as agents for the passenger with respect to travel, including, but not limited to sightseeing, meals, lodge transportation and all other services whether by railroad, motorcar, motor coach, boat, ship, aircraft or any other form of transportation and Trekking & Aventura  assumes no liability for any loss, damage, injury, death, accident, delay or other event which may be occasioned either by reason of defect in any vehicle or conveyance, or for any other reason whatsoever or through the acts or omissions of any company or persons engaged in conveying the passenger in conjunction with the trip.

 

Trekking & Aventura  is not responsible for any issues due allergic reactions to foods or related illnesses.

 

Trekking & Aventura  has the right to refuse service to any individual. This refusal of service could be based on personality conflicts, complaints from other guests, safety concerns or an understanding by Trekking & Aventura  staff that the photo tour may be too physically challenging for any particular individual. This policy can be enacted at any time prior to the trips departure.  Trekking & Aventura reserves the right to request a medical certificate from a participant at any time before departure or during the photo tour. T&A will ultimately determine an individual’s ability to embark upon the photo tour. Once a booking has been accepted, medical circumstances will not be considered as exceptions to the cancellation policy.

 

Additionally, Trekking & Aventura  assumes no responsibility for losses or additional expenses due to delays or changes in travel schedules, sickness, weather, strike, war or other causes. All such losses or expenses will be borne by passenger. Baggage and equipment is at the owners risk entirely, and it is the owners responsibility to make arrangements to convey said baggage and have it at the proper destination.

 

Travel and medical insurance is optional and is the responsibility of the passenger to purchase. Trekking & Aventura  recommends said purchase.

 

 

 

Trekking & Aventura has the right to add up to 2 guests over maximum to a tour. This is sometimes needed to fill a vehicle, accommodate a couple or find a room mate for a guest.

 

 

 

BOOKING AND PAYMENT

 

Unless otherwise stated in the specific trip conditions  our standard payment schedule is as follows:

 

– A Booking Fee, payable at the time of reservation, to secure your place on the expedition.

 

– A Second Payment, due six months prior to the scheduled departure date, as specified in the Payment Terms.

 

– A Third and Final Payment, due two months before departure, covering the remaining balance of the total expedition cost.

 

All cancellation notices must be received in writing and will become effective as of the date of the postmark.

 

 

 

FULL INSURANCE OF INITIAL DEPOSIT

 

In accordance with the EEC directive. 90/314 all passengers booking with Trekking & Aventura Ltd is fully insured for the initial deposit and subsequently the balance of all monies paid, including repatriation if required, arising from the cancellation or curtailment of the travel arrangements due to the insolvency of Trekking y Aventura Ltd.

 

 

 

CANCELATION POLICY

 

Non-payment by the participant of any scheduled installment (see “Specific Booking and Payment Terms”) within the designated period shall be deemed a cancellation by the participant, thereby invoking the applicable cancellation clause.

 

 

If we cancel.-

In the unlikely event that we decide to cancel a trip before its planned departure because of an insufficient number of participants, our concerns with safety, logistics or any other cause, a full refund will be given.

 

 If you cancel.-

 

If you  cancel the Contract, Trekking y Aventura will refund the full price paid for the Tour, less any deductions set out hereunder. Wherever reasonably possible, the refund will be made using the same payment method the Client originally used.

Depending on the date on which the Client notifies the Company of the cancellation, the Company will deduct the following amounts from any refund relating to the booked Tour:

 

 

• • Cancellation notified 181 days or more before departure: 50% of the booking fee will not be refunded.
  • Cancellation notified between 180 and 121 days before departure: 50% of all amounts due on the date will not be refunded.
  • Cancellation notified between 120 and 61 days before departure: 70% of all amounts due on the date will not be refunded.
  • Cancellation notified 60 days or less before departure: 100% of the total price will not be refunded.

 

The Client must pay all instalments that fall due under the payment terms up to the date on which the Company receives notice of cancellation.

 

The Company will refund – less 200$- any deposits paid for domestic flights that have not yet been issued and any refunds it is able to obtain by cancelling internal flights it has already ticketed.

 

 Any airline tickets issued are subject to the carrier’s refund policy. Leaving an expedition in progress, for any reason whatsoever, will not result in a refund, and no refunds will be made for any unused portions of an expedition. No refunds will be given for unused hotel rooms, meals, sightseeing trips, or trek arrangements.

 

 

FUTURE TRIP CREDIT OPTION.- 

 

 

If, at the same time as notifying the cancellation, the Client requests the Future Trip Credit Option, and provided the cancellation is notified more than 60 days before departure, 50% of the non-refunded amount on the tour price, excluding flights and any third-party costs, will be credited toward a future trip with the Company, provided that each and every one of the following conditions is met:

 

The future trip must depart no earlier than 180 days and no later than 360 days from the date of cancellation.

 

The future trip must be one of the two trips offered by the Company as possible options. The Company will offer the two trip options within 7 days of the cancellation notice, and the Client must confirm the chosen trip in writing within 7 days of receiving them; otherwise the option lapses.

 

The credited amount will first be deducted from the total price of the future trip, and 50% of the resulting balance must be paid within 30 days from the date of cancellation. The remaining balance of the total price must be paid no later than two months before departure. This payment schedule replaces the standard payment terms for the future trip.

 

The credited amount is non-refundable, non-transferable and cannot be exchanged for cash under any circumstances, including cancellation of the future trip.

 

If the future trip is cancelled by the Company, the credited amount will be returned as a credit only, not as a cash refund.

 

If any payment for the future trip is not made on time, the future trip will be deemed cancelled by the Client and the credited amount will be forfeited.

 

The terms and conditions applicable to the future trip will be the same as those of the cancelled trip, with the following exception:

 

The Future Trip Credit Option will not apply to the future trip.

 

 

DOCUMENTS, PASSPORT AND VISA 

 

The client acknowledges that it is solely his/her responsibility to ensure that he/she is in possession of the necessary travel documents that may be required in respect of the proposed tour and itinerary as well as all health and other certificates that may be required from time to time. The client acknowledges that Trekking y Aventura is not assuming any obligation or liability

 

It is the participant responsibility to obtain information and to have in his possession all the required documentation and identification required for entry, departure and travel to each country or region. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies.

 

The participant  accepts  full responsibility for obtaining all such documents, visas and permits prior to the start of the Tour, and he is  solely responsible for the full amount of costs incurred as a result of missing or defective documentation. Trekking y Aventura and/or Nomad Photo Expedition can not be held responsible if the participant is refused entry to a country for any reason.

 

The Agent does not provide advice on travel documents and makes no representations or warrantees as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and the participant  agrees  that the Agent  is not responsible for any errors or omissions in the information provided.

 

 

ACCOMMODATION

 

The accommodation can not always be a  high  standard when travelling in  developing   countries  so  sometimes  things  will  not  always  run  as  smoothly  as  they  would in  a  western  country.  The  further  you  venture  from  the  beaten  track  the  more  basic  the standard  of  accommodation  and  levels  of  service.  This is  all part  of  your  travel  experience.

 

SINGLE TRAVELERS

 

All lodging options are priced based on double occupancy. Participants requesting single accommodations , should there be single rooms available,  will be subject to a single supplement fee, as detailed in the trip itinerary

 

MEDICATION

 

If you take prescription medication:

• • Pack enough to last your entire trip, including some extra in case you are unexpectedly delayed.

 

• • Carry your medications in their original labeled containers, and pack them in your carry-on bag since checked baggage is occasionally lost or delayed.

 

• • Just in case, carry another set of your medications in your checked baggage

 

• • Ask your pharmacy or physician for the generic equivalent name of your prescriptions in case you need to purchase additional medication abroad.

 

• Get a letter from your physician in case you are questioned about  your carry-on medication; some countries have strict restrictions on bringing prescription or even non-prescription medications into the country without proper medical documentation.    

 

PHOTO RELEASE

 

Trekking y Aventura and/or Nomad Photo Expeditions and/or Harry Fisch reserves the right and permission to use photographs of individuals on tour for use in promotional and publicity purposes. We also reserve the right to use clients photographs for promotional and publicity purposes, when submitted to Trekking y Aventura 

 

 

THE CLIENT RELEASES, WAIVE, DISCHARGE AND AGREE NOT SUE Trekking y Aventura and/or Nomad Photo Expedition  for all consequences of traveling related to COVID-19, including but not limited to: travel; warnings, travel restrictions, travel rules, illness, death, property damage, financial loss, costs, penalties, fees, fines, cancellations, postponements, quarantines, health regulations and/or screenings, regardless of whether these consequences are imposed by governmental agencies of the locations to which he is traveling to and through and/or Travel Suppliers, including but not limited to: airlines, airports, hotels, cruises lines, tour agencies, transfer agencies, and/or any other provider involved in the booking. The client further agrees not to institute a credit card dispute or “charge back” to Trekking y Aventura and/or Nomad Photo Expedition for any of these reasons.