Terms & Conditions
By booking a Tour you acknowledge that you have read, understand and agree to be bound by these Terms. If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these Terms on behalf of the other participants in your party.
1. THE BOOKING CONTRACT
Your booking is confirmed and a contract exists when the Tour Operator issues a written confirmation after receipt of the applicable deposit amount. Please check your confirmation carefully and report any incorrect or incomplete information to the Tour Operator. Please ensure that names are exactly as stated in the relevant passport (if applicable.)
You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to the Tour Operator.
2. BOOKING ON BEHALF OF OTHERS
By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your Tour booking, notifying the Tour Operator or your travel agent if any changes or cancellations are required and keeping your party informed.
By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and the Tour Operator will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.
3. REQUIRED MEDICAL INFORMATION
You are responsible for assessing whether a Tour is suitable for you. The Tour Operator 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. You should consult your physician to confirm your fitness for travel and participation in any planned activities. You should seek your physician’s advice on vaccinations and medical precautions. The Tour Operator does not provide medical advice.
Travel with the Tour Operator 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 areas you may visit on your Tour varies and the TourOperator makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions.
4. SPECIAL REQUIREMENTS
Any special requirements must be disclosed to the Tour Operator at the time of booking. The Tour Operator will use reasonable efforts to accommodate special requirements or requests but this is not always possible given the nature of the destinations visited and availability of options outside a planned itinerary. Certain activities may be inaccessible to you if your mobility is limited in any way. All food allergies and dietary restrictions must be disclosed to the Tour Operator at the time of booking but the Tour Operator cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these Terms or the contract between you and the Tour Operator and the Tour Operator is not liable for any failure to accommodate or fulfil such requests.
5. MANDATORY INSURANCE REQUIREMENTS
YOU MUST HAVE TRAVEL INSURANCE WITH A MINIMUM MEDICAL, EVACUATION AND REPATRIATION COVERAGE. It must cover all applicable dates of travel with the Tour Operator. This insurance must cover personal injury and emergency medical expenses. On the first day of each Tour, a representative of the Tour Operator will verify that you have sufficient insurance in place. You are strongly recommended to extend your coverage to include cancellation, curtailment, and all other expenses that may arise as a result of loss, damage, injury, delay or inconvenience while travelling. You acknowledge that insurance coverage is not included in the cost of any Tour offered by the Tour Operator and you are required to obtain separate coverage at an additional cost. It is your responsibility to ensure that you have sufficient coverage and comply with the terms of the applicable insurance plans. You are responsible for advising your insurer of the type of travel, destination(s) and activities included in your booking so that the insurer may provide appropriate coverage.
6. PRICES, SURCHARGES AND TAXES
The Tour Operator will not increase the price of your Tour after you have paid in full. Tours are priced and advertised inclusive of applicable taxes
At the time of booking, a non-refundable deposit of 10% is taken for multi-day tours. If the booking is made 60 days prior to departure, full payment is due at the time of booking.
8. FINAL PAYMENT & ACCEPTANCE OF BOOKING
The confirmation sent by the Tour Operator or your travel agent will contain details of the final payment required for any booking. Payment of the balance of the price for any products or services booked) is due 30 days before the departure date of the first product or service included in the applicable booking. If full payment is not received by the applicable due date, the Tour Operator may, at its sole discretion, change the rate payable for the booking, or treat the booking as cancelled and retain the deposit paid on booking as a cancellation fee. If a booking is made less than 60 days before the departure date of the first product included in the applicable booking, then the full amount must be paid at the time of booking. If, for any product or service booked, payment terms differ from those outlined in this section, the applicable terms will be communicated to you prior to booking and will also be detailed on the applicable invoice.
The Tour Operator is not responsible for any charges levied by third parties or financial institutions and payable by you as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by you to the Tour Operator.
9. CANCELLATION BY THE PARTICIPANT
In any case of Tour cancellation made by you, 10% of the payment is non-refundable. If you cancel your booking 30 days or less days before the start of the Tour, the Tour Operator will retain 100% of the tour cost.
All cancellations must be in writing and be made by the person who submitted the booking form. Please send the cancellation request to email@example.com.
Once the tour has started, no refund for any unused portion or part of the tour or services to be provided will be given. If you want to make any changes to the tour, or depart the tour early, such alteration or departure will be entirely at your own expense and liability. You will also need to communicate in writing your reason for any changes in an email to firstname.lastname@example.org.
10. CANCELLATION BY US
Tour Operator reserves the right to cancel the contract for any reason prior to your payment of the full price of the trip. After you have paid in full, the Tour Operator will only cancel the contract if circumstances beyond any control make it unavoidable. Such circumstances include, but are not limited to, civil or political unrest, terrorism, natural disaster, or other force majeure circumstance. In the unlikely event that such circumstances arise, the Tour Operator will contact you immediately and offer you the choice of equivalent services or a full refund of all monies paid except any charges levied by third parties or financial institutions. No additional compensation will be paid over and above the total sum received from you.
11. COVID-19 POLICY
Travellers who make bookings for a tour departing on or before April 30, 2023, will also be permitted to cancel and rebook their confirmed tour services, pre-or post-tour accommodation services, extra services, or transfer services if they test positive for COVID-19 within 14 days of departure (such positive test, a “COVID Reason”). Travellers who cancel and reschedule their services for a COVID Reason must provide Indy Odyssey with an official COVID-19 positive test result dated within 14 days of their departure. In the event a traveller cancels and reschedules their services for a COVID Reason and cannot provide an official COVID-19 positive result dated within 14 days of departure, the rescheduled services will be cancelled and standard cancellation terms will be applied. A traveller who cancels their services for a COVID related reason may, as an alternative to rescheduling their services and at Indy Odyssey’s discretion, be eligible to receive a travel credit equal to 100% of the price paid for confirmed tour services, pre-or post tour accommodation services, extra services, or transfer services, which must be used for services departing within 2 years from the date of cancellation. All other terms set out in this policy apply unless specified otherwise.
12. DAY TOURS
The following terms and conditions will only apply if you are booking or travelling on Day Tours with the Tour Operator:
Payment and Cancellation: Payment in full for any Day Tours is due at the time of booking. You may cancel your booking by notifying us by email.
Cancellation fees, if any, will be determined with reference to the date on which notice of cancellation is received by the Tour Operator and are expressed as a percentage of the total price paid for the cancelled Tour, product or service (excluding any insurance or air products).
Cancellation Terms for Day Tours:
Unless otherwise set out below, the following cancellation terms apply to all Day Tours:
(a) Cancellation 7 days or more before departure: you will receive a full refund in respect of cancelled Day Tours.
(b) Cancellation 4-6 days or more before departure: an amount equal to 50% of the payments made to the Tour Operator in respect of the cancelled Day Tour will be refunded.
(c) Cancellation 3 days or less before departure: No refund will be payable in respect of any cancelled Day Tours.
13. ALTERATION OF ITINERARIES
It is unlikely that the Tour Operator will have to make changes to your tour. However the Tour Operator may occasionally have to make changes either before or after you have booked. Most changes will be minor,and the Tour Operator will advise you of them as soon as possible. The Tour Operator reserves the right to alter the itinerary after departure, without paying compensation, if it is in your interest to do so. Furthermore, the Tour Operator will not pay compensation if it is forced to cancel or in any way change the tour due to force majeure, such as war, riots, civil strike, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, or other material external circumstances beyond the Tour Operator’s control.
No reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of the Tour Operator, including your removal from a Tour because of your negligence or breach of these Terms.
14. ACCEPTANCE OF RISK
You acknowledge that adventures travel and the products and services offered by the Tour Operator may involve a significant amount of risk to your health and safety. By travelling with the Tour Operator you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risks and release the Tour Operator from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in Tour itineraries or otherwise offered by the Tour Operator.
You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, or travel to countries with developing infrastructure. Standards of hygiene, accommodation and transport in certain countries where Tours take place are often lower than the standards you may reasonably expect in your home country or region. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.
You must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should you fail to comply with the above or commit any illegal act when on Tour or, if in the opinion of the Tour Operator (acting reasonably), your behavior is causing or is likely to cause danger, distress or material annoyance to others, the Tour Operator may terminate your travel arrangements on any product or service immediately at your expense and without any liability on the Tour Operator’s part. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals.
You are responsible for any costs (including repair, replacement and cleaning fees) incurred by the Tour Operator or the Tour Operator’s suppliers for property damage, destruction or theft caused by you while on a Tour. You agree to immediately report any pre-existing damage to a representative of the Tour Operator and staff of the accommodation, transportation service, or facility as soon as possible upon discovery.
You agree to take all prudent measures in relation to your own safety while on Tour including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither the Tour Operator nor its Third Party Suppliers (as defined herein) are liable for loss or damages caused by your failure to comply with safety instructions or warnings.
You agree to bring any complaints to the Tour Operator as soon as possible in order to provide the Tour Operator with the opportunity to properly address such complaints. You agree to inform your tour leader, another representative of the Tour Operator or the Tour Operator’s customer service department directly. The Tour Operator assumes no liability for complaints that are not properly brought to the attention of the Tour Operator and cannot resolve or attempt to resolve complaints until proper notice is provided. Any complaint made after the completion of a Tour must be received in writing by the Tour Operator within 30 days of the last day of travel of the booking in question.
15. OPTIONAL EXTRAS
“Optional Extras” refers to any activity, transportation, meal, product or service not expressly included in the Tour itinerary or price of the Tour and which does not form part of the Tour. You agree that any assistance given by the Tour Operator’s representative(s) in arranging, selecting, or booking, any Optional Extras is purely at your request and the Tour Operator makes no warranties and expressly disclaims any liability whatsoever arising from participation in Optional Extras or any information provided by any representative of the Tour Operator regarding any Optional Extras. You release the Tour Operator from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to or arising from participation in or booking of Optional Extras.You acknowledge and agree that any liability for loss, damages, death, personal injury, illness, emotional distress, mental suffering or psychological injury or loss of or damage to property associated with Optional Extras is the sole responsibility of the third party providing that service or activity.
16. THE TOUR OPERATOR IS NOT LIABLE FOR THIRD PARTY SUPPLIERS
The Tour Operator makes arrangements with accommodation providers, activity providers, airlines, coach companies, transfer operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your booking. Although the Tour Operator takes all reasonable care in selecting Third Party Suppliers, the Tour Operator is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions.
17. TRAVEL DOCUMENTS
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. 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. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the Tour, 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 the Tour Operator that is a direct result of your failure to secure or be in possession of proper travel documentation. The Tour Operator does not provide advice on travel documents and makes no representations or warranties as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and you agree that the Tour Operator is not responsible for any errors or omissions in this information.
18. FORCE MAJEURE
The Tour Operator will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the Tour Operator failure to commence, perform or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or warlike operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, 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, extreme weather or any other cause whatsoever beyond the reasonable control of the Tour Operator; or an event which the Tour Operator or the Third Party Supplier of services, even with all due care, could not foresee any and all of which, individually and collectively, constitute “Force Majeure
19. IMAGES AND MARKETING
You agree that, while participating in any Tour, images, photos or videos may be taken by other participants, the Tour Operator or its representatives that may contain or feature you. You consent to any such pictures being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to the Tour Operator, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.