G.A.P Adventures Booking Conditions

G.A.P ADVENTURES INC. GENERAL TERMS and CONDITIONS NOTIFICATION OF LIMITATIONS TO FOLLOW. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

These Terms and Conditions govern the relationship between you and G.A.P Adventures Inc. doing business as G.A.P Adventures (hereinafter referred to as “the Company” or “G.A.P Adventures”). By booking a trip, you agree to be bound by these Terms and Conditions which outline, among other things, our cancellation policy and certain limitations of liability. These Terms and Conditions affect your rights and designate the governing law and forum for the resolution of any and all disputes.

1. THE CONTRACT

All persons wishing to make a booking have carefully read and understand the Terms and Conditions that follow. By making a booking by telephone, or on our website, or by email or facsimile with the Company or its Agents, you accept and are bound by these Terms and Conditions. A booking is accepted and becomes definite only from the date when the Company sends a confirmation invoice or email. It is at this point that a contract between the Company and the Client comes into existence. Before your booking is confirmed and a contract comes into force, the Company reserves the right to increase or decrease brochure prices. The Company or their agents reserve the right to decline any booking at their discretion. The person or persons named on the booking are hereafter referred to as the “Client”. All bookings are made with G.A.P Adventures Inc., “the Company”, which sells the tours described in this brochure and on the Company website or through its “Agents” who sell the Company’s tours through an agreement with the Company. A G.A.P Adventures Independent Trip is defined as booking anything included in the Independent and Tailormade brochure. These Terms and Conditions shall constitute the entire agreement between the Company and the Client relating to the subject matter herein, and shall constitute a binding agreement. There is no verbal or written; representation, warranty, collateral agreement, prior agreement, description of services, or conditions, other than as expressed herein. The service to be provided is/are the tour(s) referred to in the booking confirmation. Expedition Trips: All persons wishing to make a booking have carefully read and understand the Terms and Conditions as outlined in this contract and the Expedition Ticket/Contract.

2. MEDICAL FORM

All Clients 70 years of age and over, or those younger with pre-existing medical conditions are required to complete a G.A.P Adventures medical form which must be signed and dated by a physician and returned with your final payment as specified in section 5. In the event where the Client has made a booking with the Company and subsequently is unable to complete the required medical form for any reason by the final payment dates specified in section 5, the Company reserves the right to treat the booking as being cancelled as per the day of notification and applicable cancellation penalties will apply. Expedition Trips: All clients are required to complete and submit a G.A.P Adventures medical form on-line by your final payment due date. Clients 70 years of age and over, or those younger with preexisting medical conditions are required to have the medical form signed and dated by a physician.

3. QUOTE FEE

Quotes provided via the G.A.P Adventures Independent and Tailormade brochure may be subject to a non-refundable quote fee of GBP£15.00/EUR€25.00. Should the booking be confirmed, this amount will be deducted off the final payment amount. Some quotes may be exempt from the quote fee, and if this is the case, will be outlined at time of quote.

4. DEPOSIT REQUIREMENT

Travel overlapping different seasons may be subject to deposit differential (a) Deposit for G.A.P Adventure Trips and G.A.P Adventure Independent Trips – (excluding Expedition Trips) At time of booking a non-refundable deposit of GBP£100.00/EUR€250.00 per person per tour is due. If booking 60 days or less prior to departure, full payment is due. The non-refundable deposit and medical form if applicable, should be sent to the Company or its Agent. G.A.P Adventures Tailormade trips may require a higher deposit or full payment at the time of booking. If deposit is different from that outlined in this clause, the requirement will be advised at time of booking and detailed on the invoice. If a mixture of G.A.P Adventure, and G.A.P Adventure Independent and Tailormade trips be booked, the most restrictive requirements will apply to the whole booking. (b) Deposit for G.A.P Adventures – Expedition Trips At time of booking a non-refundable deposit of GBP£400.00/EUR€500.00 per person per tour is due. If booking 90 days or less prior to departure, full payment is due. The non-refundable deposit and medical form should be sent to the Company or its Agent.

5. FINAL PAYMENT/ACCEPTANCE OF BOOKING/CLIENT DETAILS

Travel overlapping different seasons may be subject to final payment differential. (a) Final Payment for G.A.P Adventure Trips and G.A.P Adventure Tailormade Trips (excluding Expedition Trips) Acceptance of the Client’s booking must be confirmed in writing by the Company. Please refer to your confirmation invoice and/or confirmation email for details regarding final payment. Payment of the balance of the tour price is due 60 days before the departure date of the first service booked. If a booking is made 60 days or less before the departure date of the first service booked then the full amount is payable at the time your booking is confirmed. If this balance is not paid at the time your booking is confirmed the Company reserves the right to treat the Client’s booking as cancelled. G.A.P Adventures Tailormade Trips may require a higher deposit or full payment at the time of booking. If full payment is different to that outlined in this clause, the requirement will be advised at time of booking and detailed on the invoice. If a mixture of G.A.P Adventure, and G.A.P Adventure Independent and Tailormade trips be booked, the most restrictive requirements will apply to the whole booking. (b) Final Payment for G.A.P Adventures – Expedition Trips Acceptance of the Client’s booking must be confirmed in writing by the Company. Please refer to your confirmation invoice for details regarding final payment. Payment of the balance of the tour price is due 90 days before the departure date of the first service booked. If a booking is made 90 days or less before the departure date of the first service booked then the full amount is payable at the time your booking is confirmed. If this balance is not paid at the time your booking is confirmed the Company reserves the right to treat the Client’s booking as cancelled. (c) Local Payment Most of our adventure tours involve a local payment. This amount is the final payment for your tour. Local payment, in the specified currency in cash, is to be made to your leader upon arrival. Information on your local payment is outlined with the price in our brochures, website, trip dossiers and on our invoices. The local payment is non-refundable and is considered part of your total tour payment. (d) Client Details – G.A.P Adventure Trips and G.A.P Adventures Independent Trips (excluding Expedition Trips) In order for the Company to confirm and guarantee the Client’s travel arrangements the Client must provide all Client details with their final payment as per the dates specified in section 5(a). If the Client does not provide all client details within 60 days before departure, a fee of GBP£25.00/EUR€50.00 will be charged to the Client. In the event where client details have not been received by the Company 30 days prior to the Client’s trip departure, the Company reserves the right to treat the file as cancelled and full penalties will apply. Client details include passport number, passport expiry date and medical form (where applicable), full name as it appears in the passport you are traveling with, date of birth and nationality. G.A.P Adventures Tailormade trips may differ in requirements from that outlined in this clause, and will be detailed at time of booking. (d.1) Traveling with Children The minimum age for Clients traveling on our tours is 12 (for our Family designated tours, the minimum age is 6). An adult over the age of 21 must accompany every 2 children under the age of 18. The ratio of adults to children traveling together must be one adult per two children and two adults per four children (seventeen and under). All enquiries with respect to children are subject to review and approval by G.A.P Adventures and G.A.P Adventures reserves the right to restrict the number of travelers under the age of 18 on our tours. If the adult accompanying the child is not the child’s parent, then a "Parental Consent Guardianship Form" must be signed by the parent or legal guardian and received by the Company prior to departure. (d.2) Inca Trail Requirements: Client details including full name as it appears in the passport that you will be traveling with, passport number, passport expiry date, date of birth and nationality are required to confirm a booking. Any amendments to these details may result in failure to secure an Inca Trail permit. The Company will not be held responsible for any fees levied as a result. (e) Client Details – Expedition Trips In order for the Company to confirm and guarantee the Client’s travel arrangements the Client must provide all client details with their final payment as per the dates specified in section 4(b). If the Client does not provide all client details within 90 days before departure, a fee of GBP£25.00/EUR€50.00 will be charged to the file. In the event where client details have not been received by the Company 30 days prior to the Client’s trip departure, the Company reserves the right to treat the file as cancelled and full penalties will apply. Client details include passport number, passport expiry date, passport issue date and place of issuance, completed medical form, full name as it appears in the passport you are traveling with, date of birth, place of birth, nationality and arrival details. (e.1)Traveling with Children – Expedition Trips G.A.P Adventures is unable to accommodate children under twelve years of age and reserves the right to restrict the number of those under 18 years of age aboard the vessel. An adult over the age of 21 must accompany every 2 children under the age of 18. The ratio of adults to children traveling together must be one adult per two children and two adults per four children (seventeen and under). If the adult accompanying this child is not the child’s parent, a "Parental Consent Guardianship Form" must be signed by the parent or legal guardian and received by the Company prior to sailing.

6. LAST MINUTE BOOKINGS

For any bookings made within 30 days of departure, G.A.P Adventures reserve the right to impose a GBP£25.00/EUR€50.00 fee charged to the file. This last minute booking fee covers any additional costs for couriers, communication and administration fees.

7. CANCELLATION BY THE CLIENT

Any cancellation by a Client must be made in writing and acknowledged by the Company. The date on which the request to cancel is received by the Company or its Agents will determine the cancellation charge applicable. (a) Cancellation for G.A.P Adventure Trips and G.A.P Adventures Independent Trips – (excluding Expedition Trips) The cancellation charges are expressed hereafter as a percentage of the total tour price, excluding insurance. A. Cancellation 60 days or more before departure: Loss of deposit. B. Cancellation 59-30 days before departure: 50% of cost of services booked. C. Cancellation less than 30 days before departure: 100% of cost of services booked. G.A.P Adventures Tailormade trips may vary in cancellation policy from that detailed in this clause, and will be detailed at time of booking. (b) Cancellation for G.A.P Adventures – Expedition Trips The cancellation charges are expressed hereafter as a percentage of the total tour price, excluding insurance. A. Cancellation 90 days or more before departure: Loss of deposit. B. Cancellation 89-60 days before departure: 50% of the cost of services booked. C. Cancellation less than 60 days before departure: 100% of cost of services booked. In addition to the cancellation fees detailed in section 7(a) and (b), the full insurance premium for any insurance arranged through the Company is non-refundable. You are strongly advised to take out cancellation insurance at the time of making the booking as this will cover cancellation charges in certain circumstances.

8. CANCELLATION OF A TOUR BY THE COMPANY

The Company reserves the right to cancel any trip for any reason, but will not cancel a tour less than 60 days before departure except for force majeure, unusual or unforeseen circumstances outside the Company’s control (excluding Expedition Trips – refer to Expedition Ticket/Contract). When a tour is cancelled by the Company, the Client may choose between a full refund of all monies paid or any alternative tour offered by the Company. The Company is not responsible for any incidental expenses that the Client may have incurred as a result of the booking such as visas, vaccinations, non-refundable flights or loss of enjoyment, etc. If the alternative trip chosen is of a lower value than that originally booked, then the Client is entitled to a refund of the price difference. If the alternative tour chosen is of a higher value than that originally booked, then the Client must pay the difference in price.

9. UNUSED SERVICES

There will be no discounts or monies refunded for missed or unused services, this includes voluntary or involuntary termination/departure from tour, ie. sickness, death of a family member, etc.

10. PRICES AND SURCHARGES

We reserve the right to impose surcharges (price increases) up to 60 days before departure (90 days for Expedition Trips) due to unfavourable changes in exchange rates, increases in air fares or other transportation/fuel costs, increases in local operator costs, taxes, or if government action should require us to do so. If any surcharge results in an increase of more than 10% of the tour cost, excluding insurance premiums, the Client may cancel the booking within 14 days of notification of the surcharge and obtain a full refund of all monies paid (excluding Trip Cancellation Insurance Premiums and/or flights). Cancellation requests must be received in writing.

11. BROCHURE AND WEBSITE VALIDITY

The prices in this brochure and on our website are based on airfares, exchange rates and costs in effect at time of printing the brochure or posting to our website. G.A.P Adventures reserves the right to alter prices for new bookings if these rates change. For trips departing between January 1st, 2008 and December 31st, 2008 – the land price of your trip is guaranteed when you have paid in full for your booking, subject to the right of the Company to impose surcharges as stipulated in section 10 of these Terms and Conditions. Dates and itineraries in this brochure and on our website are valid from January 1st 2008 until December 31st, 2008. Beyond December 31st, 2008 dates, itineraries and prices are indicative only.

12. FLEXIBILITY

The Client appreciates and acknowledges that the nature of this type of travel requires considerable flexibility and should allow for alternatives. The itinerary provided for each tour is merely representative of the types of activities contemplated, and the Company is under no contractual obligation to strictly follow it. It is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events, which may include sickness or mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, climate and other unpredictable or unforeseeable circumstances.

13. CHANGES

(a) Changes made by the Company: The Company reserves the right to change any of the facilities or services described in the brochure before a booking is made. While the Company will endeavour to operate all tours as advertised, reasonable changes in the itinerary may be made where deemed necessary or advisable by the Company. If the Company makes a major change the Company will inform the Client 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. If the major change is due to force majeure or unforeseen circumstances no compensation is payable. When a major change is made the Client may choose between accepting the change, obtaining a full refund of all monies paid (excluding Trip Cancellation Insurance Premiums and/or flights) or accepting any alternative tour offered by the Company. Some changes to the itinerary may happen on tour as a result of unforeseen circumstances or local situations. Any changes made to alter the itinerary as a result will be made with full authority of the Tour Leader and any direct or indirect cost incurred as a result will be the responsibility of the Client. (b) Transfer to another departure (by Client): A transfer from one tour to another can only be made more than 60 days, (90 days for Expedition Trips) before departure date and if approved by the Company. If such a request is accepted by the Company, the Company reserves the right to charge up to the deposit amount of the first booked tour. Any request to transfer received less than 60 days, (90 days for Expedition Trips) before departure will not normally be accepted. In this case the Client must cancel the booking and then re-book on another tour. A Client may only transfer a booking to a departure date in the current season and may not transfer a booking to future seasons. Any such transfers will be regarded as cancellations and cancellation fees will apply. (c) Transfer of name: If you are prevented from traveling on the tour you booked by circumstances such as those which would permit you to make a claim on a standard cancellation insurance policy, you may transfer your booking to another person, provided they meet all the requirements relating to that tour and have read, understood and agree to the terms and conditions of this contract and the Expedition Ticket/Contract (if applicable). More than 60 days, (90 days for Expedition Trips) before departure, up to the deposit amount of the tour will apply. Within 60 days, (90 days for Expedition Trips) name transfers are not permitted. (d) Amendments: Within 60 days of departure (90 days for Expedition Trips) any amendments to a file will depend on availability and will be on a request basis. Any extra costs incurred for making the change will be charged along with an amendment fee of GBP£25.00/EUR€50.00. No amendments are permitted to your booking within 10 days of departure. Note: scheduled airlines may impose 100% cancellation charges.

14. ACCEPTANCE OF RISK

The Client acknowledges that the nature of the tour is adventurous and may involve a significant amount of personal risk. The Client hereby assumes all such risk and does hereby release the Company from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks. Prior to tour commencement, the Client may be asked to sign a participation form, with the following wording: “I understand traveling with G.A.P Adventures may involve risks (and rewards) above and beyond those encountered on a more conventional holiday, and that I am undertaking an adventure trip with inherent dangers. I understand I am traveling to geographical areas where, amongst other things, the standard of accommodation, transport, safety, hygiene, cleanliness, medical facilities, telecommunications and infrastructure development may not be of the standard I am used to at home or would find on conventional holiday. I have read and understood the G.A.P Adventures dossier for this trip I am undertaking and have provided details of any pre-existing medical conditions I may have to G.A.P Adventures representatives. I accept these risks and obligations and I fully assume the risks of travel. I fully and forever release and discharge G.A.P Adventures Inc. (Canada), G.A.P Adventures Inc. (Barbados) and all other related, affiliated, associated or otherwise connected corporations, partnerships, individuals and other entities and all of their respective officers, directors, employees, contractors, agents, successors and assigns (collectively, the “Releasees”) from any and all costs (including, without limitation, actual legal costs), claims, demands, actions, causes of action and liabilities whatsoever for any and all losses, damages, death or injuries to persons or loss of property, which may be sustained by me in connection with or in any way relating to this trip, due to any cause or reason whatsoever including, without limitation, the reckless, willful or negligent actions or omissions of the Releasees or any other person or persons. Optional Activities I understand during my trip there may be opportunities to undertake activities, which do not form part of the itinerary. I understand GAP Adventures makes no representations about the safety or quality of the activity, or the standard of the independent operator running it. I also understand G.A.P Adventures is in no way responsible for my safety should I elect to enter into such optional activities. With full knowledge of the above, I may still elect to partake in the activity, and if I do so, I assume full responsibility for any risks involved, and the waiver and release of the Releasees set out in the foregoing paragraph shall apply to such optional activities.”

15. AUTHORITY ON TOUR

At all times the decision of the Company’s tour leader or representative will be final on all matters likely to endanger the safety and well being of the tour. By booking with us the Client agrees to abide by the authority of the tour leader or Company representative, who represents the Company. The Client must at all times strictly comply with the laws, customs, foreign exchange and drug regulations of all countries visited. If the Client is affected by any condition, medical or otherwise, that might affect other people’s enjoyment of the tour, the Client must advise G.A.P Adventures at the time of booking. Should the Client fail to comply with the above or commit any illegal act when on the tour or, if in the opinion of the tour leader, the Client’s behavior is causing or is likely to cause danger, distress or annoyance to others we may terminate that Client’s travel arrangements without any liability on the Company’s part and the Client will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements.

16. TRAVEL DOCUMENTS

(a) The Client must be in possession of a valid passport required for entry, departure and travel through each destination point along the itinerary of the tour, (your passport must be valid 6 months past your return date), all visas, permits and certificates including vaccination certificates, insurance policies, required for the whole of the journey. The Client accepts full responsibility for obtaining all such documents and permits prior to the start of the tour, and is solely responsible for any adverse consequences resulting from missing or defective documentation. Any information or advice given by the Company regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the Client, and the Company is not responsible for any errors or omissions as to the information provided. (b) To expedite the issuing of G.A.P Adventures travel documents please note that all tour related travel documents such as vouchers, itineraries and invoices will be sent via email or will be available on our website once full payment has been received by the Company. The Company reserves the right to impose a fee for those Clients who wish to receive paper documents. (c) It is the Client’s responsibility to visit our website at least 72 hours prior to departure to ensure the most current Tour Itinerary and Dossier is in their possession as minor changes may have been made since the tour documents were originally provided by the Company.

17. FACTORS OUTSIDE THE COMPANY’S CONTROL (FORCE MAJEURE)

Company shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property or for the Company's failure to commence, perform and/ or complete any duty owed to the Client if such death, delay, bodily injury (including emotional distress or injury), illness, damage, or financial costs both direct and indirect incurred, or other loss or detriment to person or property is caused by Act of God, war or war like operations, terrorist activities or threat thereof, civil commotions, labor difficulties, whether or not Company is a party thereto, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, or any other cause whatsoever beyond the reasonable control of Company.

18. INSURANCE

It is mandatory that all Clients obtain travel insurance with a minimum coverage of US$75,000 while travelling with the Company and this insurance must cover personal injury, medical expenses, repatriation expenses, and evacuation expenses. Clients must be able to provide proof of Insurance purchase and adequate coverage as per the required amounts above if requested by the group Leader or Company Representative. It is strongly recommended the coverage be extended to include cancellation, curtailment, loss of belongings and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client. The Company shall have no liability for loss, theft of or damage to baggage or personal effects. Personal belongings lost or stolen while unattended by the client in public lounges or other public areas, whether on board a vessel, train, bus, or other mode of transportation, publicly owned or operated by the Company or elsewhere, are not reimbursable. Losses due to ordinary wear and tear, and other acts of God are not reimbursable. The Company cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by the Company such as hotels, homestays, vessels, expedition vehicles, or any other mode of transportation. When the Client has obtained travel insurance through the Company, the Client acknowledges that he or she is satisfied with the levels of insurance arranged by the Company. Where the Client has declined to purchase insurance through the Company, the Client acknowledges that the cost of the tour does not include insurance, and that the Client is required to obtain separate coverage at an additional cost. When obtaining travel insurance from a source other than the Company the Client must ensure the insurer is aware of the type of travel to be undertaken.

19. RESPONSIBILITY FOR YOUR TOUR

Client bookings are accepted on the understanding that they acknowledge that the nature of the tour is adventurous and may involve a significant amount of personal risk. The Company’s obligations, and those of any suppliers providing any service or facility involved in any travel arrangements the Client books with us, are to provide services and facilities with reasonable care and skill. Facilities will be provided to the realistic minimum standard recommended by the regulatory authorities responsible.
(a) Where the Client does not suffer personal injury, the Company accepts liability, in accordance with paragraph (c) below, should any part of the tour arrangements booked with the Company not be supplied as described in this brochure and/or the website. In such a case, the Company will pay reasonable compensation if the Client’s enjoyment of the tour arrangements has been adversely affected.
(b) Where the Client suffers death or personal injury as a result of an activity forming part of the tour arrangements booked with the Company, the Company accepts responsibility, in accordance with paragraph (c) below. If the Company has liability, it will pay reasonable compensation.
(c) The Company has liability in accordance with paragraphs (a) and (b) above and subject to paragraphs (d) below except where the cause of the failure to provide, or failure in, the Client’s tour or any death or personal injury the Client may suffer is not due to any fault of the Company or that of the Company’s agents or suppliers, because it is either attributable to the Client, or attributable to someone unconnected with the Client’s tour and is unforeseeable or unavoidable, or is due to unusual or unforeseeable circumstances beyond the Company’s control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which neither the Company, nor its agents or suppliers could have foreseen or avoided by the Company.
(d) The Company’s acceptance of liability to pay compensation pursuant to clauses (a) and (b) is limited, in the case of air travel, rail travel, sea travel or hotel accommodation, to the amount set out in the provisions of the Carriers Liability Limited, the 1961 Berne Convention, the 1974 Athens Convention and the 1962 Paris Convention.
(e) The Company’s acceptance of liability in clauses (a) and (b) above is subject to assignment by the Client to the Company of the Client’s rights against any agent, supplier or subcontractor of the Company which is in any way responsible for the unsatisfactory tour arrangements or the Client’s death or personal injury.

20. CLAIMS AND COMPLAINTS

If a Client has a complaint against the Company the Client must first inform the tour leader, Company representative, local Office Manager or Head Office whilst on the tour in order that the Company is provided the opportunity to rectify the matter. For Expedition departures, refer to Section 15 of the Expedition Ticket/Contract. Failure to indicate dissatisfaction whilst on tour will result in the client’s ability to claim compensation from the Company being extinguished or at least reduced. If satisfaction is still not reached through these means then any further complaint must be put in writing to the Company via it’s Agents or directly to customerservice@gap.ca or G.A.P Adventures Inc., Customer Service Department, 19 Charlotte St., Toronto, Ontario Canada M5V 2H5 within 30 days of the end of the tour. The Company will not accept any liability for claims received after this period.

21. SUPPLIERS CONDITIONS

Airlines, railways, coach and shipping companies and other suppliers have their own booking conditions or conditions of carriage, and you will be bound by these as far as the relevant transport provider or supplier is concerned. Some of these conditions may limit or exclude liability on the part of the relevant transport provider or other supplier, and they are often also subject to various international conventions. Where relevant, copies of such conditions may be available for inspection at our offices, or at the offices of the relevant supplier.

22. LOCAL CONDITIONS

Client acknowledges that she/he will be visiting places where the political, cultural and geographical attributes present certain risks, dangers and physical challenges greater than those present in our daily lives. By booking travel with the Company, Client acknowledges that she/he has considered the potential risks, dangers and challenges, and expressly assumes the risks attendant to such travel conditions. Client is solely responsible for acquainting her/himself with the customs, weather conditions, physical challenges and laws in effect at each stop along the itinerary, and is encouraged to locate or make contact prior to embarkation with his/her local embassy or consulate in each destination.

23. OPTIONAL EXTRAS

Optional extras do not form part of the tour or contract. It is understood and accepted by the Client that any assistance given by the tour leader or representative in arranging optional extras does not render the Company liable for optional extras. Accordingly, the Client hereby releases the Company from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to the quality of such products. Amongst others, optional extras include rafting, horseback riding, sightseeing flights and other extras that are not included in the tour price.

24. SEVERABILITY

In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this Agreement or amended accordingly only to such extent necessary to allow all remaining Terms and Conditions to survive and continue as binding.

25. SUCCESSORS AND ASSIGNS

These Terms and Conditions shall inure to the benefit of and be binding upon the Company and the Client and their respective heirs, legal personal representatives, successors and assigns.

26. ERRORS AND OMISSIONS

Although the Company has made a concerted attempt to verify the accuracy of statements made herein and the Company cannot be held responsible for any error, omission or unintentional misrepresentation that may appear in this brochure or on our website.

27. PRIVACY POLICY

We will provide your personal information, as well as any personal information you provide in relation to the persons whose travel arrangements have been requested by you, to suppliers and carriers to enable the operation of the services requested by you. We do our utmost to protect your personal information. Please refer to our website for the Company’s Privacy Policy.

28. FINANCIAL SECURITY

To ensure your tour arrangements are fully protected, all money received as payment for your tour booked with G.A.P Adventures Inc. is deposited in a Clients Trust Account. The G.A.P Adventures Client Trust Account is bound by regulations and independently audited. Your money is held in Trust until your tour is completed or the services comprising your tour have been paid for by the Company.

29. APPLICABLE LAW AND CHOICE OF FORUM

The contract including all matters arising from it is subject to English Law and the exclusive jurisdiction of the English Courts.
Updated June 11th, 2008