Booking Terms and Conditions
By booking or participating in a tour and any related products or services (a “Tour” or a “Service” or a “Transfer”) with Apollon Tours (“Apollon Tours” or the “Tour Operator”), you (“you”) agree to these Terms & Conditions (the “Terms”).
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 or the other participants have read, understand, and agree to be bound by these terms.
1. THE BOOKING CONTRACT
Your booking is confirmed, and a contract exists when the Tour Operator or your travel agent issues a written confirmation after :
(I) receipt of the applicable deposit amount and/or the full amount from you, and
(II) you have provided all the information requested from the tour operator.
Please check your confirmation carefully and report any incorrect or incomplete information to the Tour Operator or authorized agent immediately. Please ensure that names are exactly as stated in the relevant passport.
(I) receipt of the applicable deposit amount and/or the full amount - the amount established at the booking time between you and the tour operator.
(II) you have provided all the information requested from the tour operator - all the information requested by the tour operator is provided by you not later than 10 days before the start of the tour and/or service.
A contract does not exist, and you will not receive one if you have not provided all of the above. NO CONTRACT will be created, nor will we send you a contract 10 days and after from the first date of the tour's start and/or service you have asked for. You will have NO REFUND if you have paid in full or deposit amount if you fail to provide all the information requested from the tour operator.
For example, if you have accepted, paid the deposit, or the full amount, but you have failed to provide the tour operator's information or vice versa. Still, your tour and/or service starts on the 11th of January. The contract should be released on the 1st of January once you have satisfied the articles (I)(II).
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.
If you fail to provide true information and/or engage in any fraudulent and/or misleading activity/ information/ action/ communication, any amount you have paid, including the deposit and/or the full amount, will not be refunded, and we will cancel any service which we have agreed.
The contract dates cannot be changed after the starting date of the tour and/or the service.
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 in 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 must provide any medical information reasonably requested by the Tour Operator and may be required to complete the Tour Operator’s medical information form (the “Medical Form”)
Medical Forms are mandatory for certain Tours. If you have any pre-existing medical conditions which may impact their ability to travel, participate in a Tour, travel to remote areas without access to medical facilities, or may adversely affect the experience of others on your Tour, you must return a Medical Form, signed by a licensed and practicing physician to the Tour Operator before or at the time of final payment for the applicable booking.
You agree to report any Medical conditions honestly and to disclose all relevant medical information accurately and fully.
The Tour Operator reserves the right to request further information or professional medical opinions where necessary, as determined in its discretion, for your safety or the safe operation of a Tour.
The Tour Operator reserves the right to deny you permission to travel or participate in any aspect of a Tour at any time and at your own risk and expense where the Tour Operator determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others.
Pregnancy is considered a medical condition and must be disclosed to the Tour Operator at the booking time. The Tour Operator may refuse to carry pregnant women over 24 weeks. The Tour Operator may refuse to carry anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged.
If you do not report the required Medical conditions or provide medical information reasonably required by the Tour Operator for any reason by the deadline indicated above, the Tour Operator reserves the right to cancel your trip, and all applicable cancellation fees/procedures will apply.
You are responsible for assessing whether a Tour is suitable for you. 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. 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 with the Tour Operator may involve visiting remote or developing regions, especially in cases of rural and adventure trips, 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 Tour varies, and the Tour Operator makes no representations and gives no warranties concerning 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. Still, 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 fulfill such requests.
6. NO MANDATORY INSURANCE REQUIREMENTS
There are no mandatory insurance requirements, but we strongly recommend
YOU HAVE TRAVEL INSURANCE WITH A MINIMUM MEDICAL, EVACUATION AND REPATRIATION COVERAGE, covering 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, interruption, curtailment, and all other expenses that may arise as a result of loss, damage, injury, delay, or inconvenience caused by "Force Majeure" and not only while traveling. 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.
7. PRICES, SURCHARGES, AND TAXES
The Tour Operator's published price and any products or services offered by the Tour Operator is subject to change at any time before the booking confirmation. The price is guaranteed only after you have paid the deposit. Tours and services are priced and advertised, inclusive of applicable sales taxes. After the Tour Operator has issued a confirmation invoice, the Tour Operator reserves the right to impose surcharges on any products or services booked for reasons arising from increases in transportation costs, fuel costs, dues, taxes, or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airport charges, local operator costs, currency and exchange fluctuations, increases in taxes, or government action which impacts the price of the applicable products or services provided, however, the Tour Operator will only do so where the increase in question is greater than 7% of the original price paid for the products or services (excluding add-ons, insurance, and taxes). Upon learning of the necessity to impose a surcharge under this section, the Tour Operator will notify you as soon as reasonably possible.
Where the price increase is greater than 12% of the original price of the applicable products or services (excluding add-ons, insurance, and taxes), you may choose to either:
(a) cancel the applicable booking without incurring any penalty; or
(b) accept the price change.
You must notify the Tour Operator of your choice within 7 days of receipt of notice of the increase, or you will be deemed to have accepted the price change and will be liable for payment of the increase.
From time-to-time, the Tour Operator may offer reduced pricing on certain products or services. The reduced pricing applies only to new bookings. Bookings where the Tour Operator has received at least a deposit are not entitled to the reduced pricing.
(c) You have to make sure that you will pay in time, always before the start of the tour, trip, or any service we have agreed and that you have accepted. If you fail to provide true information and/or engage in any fraudulent or misleading activity/information/action, any amount you have paid, including the deposit and/or the full amount, will not be refunded, and we will refuse to give you any service which we have agreed in earlier stages.
All dates, itineraries, and prices of Tours and services are subject to change at any time, and the current price will be quoted and confirmed at the time of booking, subject to any surcharges that may be levied under these Terms.
You acknowledge that you are responsible for keeping up to date on the specific details of your Tour and/or any other products or services, including, but not limited to checking the Tour Operator’s website at least 72 hours before departure as minor changes may have been made after the time of booking.
9. DEPOSITS and PAYMENT
At the time of booking, a non-refundable deposit is due to the Tour Operator. If the booking is made 60 days or less before departure, full payment is due at booking. The non-refundable deposit should be sent to the Tour Operator or authorized agent, as applicable, within 48 hours after accepting the offer. If we do not receive the funds within one week, the offer is automatically withdrawn, and you will need to reapply for the service. Reapplying for a service has a $500 application fee. No offer will be made until the application fee is received. When booking with a special discount, such as early bird booking, the full discounted amount should be paid, which is nonrefundable. After the full amount is paid, it is your responsibility to attend the tour or the service you requested. Under NO circumstances, we will refund you for any reason you cannot be part of the tour and/or the service requested by you. We will refund you entirely or partially ONLY for what we are responsible for. After receiving the deposit or the full payment, we will issue you a confirmation of receipt of payment for your package.
Post payments or installments are NOT ACCEPTED.
10. DETAILS REQUIRED FOR BOOKING
As a booking condition, you must provide the information requested by the Tour Operator along with the final payment. If you fail to provide all required information before the date on which full payment is due, an administrative fee will be charged for any costs incurred by the Tour Operator due to your failure to provide the required information. If you fail to supply information required by the Tour Operator for air tickets, permits, or other inclusions, you will also be liable for any costs, fees, or losses, including failure to obtain or provide that inclusion. If you fail to supply information required by the Tour Operator, the Tour Operator also reserves the right to treat your booking (or the relevant component of your booking) as canceled and levy any cancellation fees deemed reasonable by the Tour Operator, in its sole discretion. The information required by the Tour Operator will vary by Tour and/or service. It will be communicated to you or the Tour Operator’s authorized agent during the booking process. The Tour Operator will not be held responsible for any fees you incur due to errors, omissions, inaccuracies, late, misplaced, or otherwise incomplete information you have provided.
Tour prices do not include international or other airfare unless expressly mentioned in the Tour’s descriptions. The Tour Operator will quote the best price available for the travel dates requested when the quote is prepared. Quotes provide an estimate only and are not a firm price commitment by the Tour Operator or the applicable air carrier(s).
The Tour Operator is not responsible for changes in air itineraries or flight times and does not provide advice or alerts regarding air travel tickets, flight status, or delays.
12. 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 and custom-tailored products or services is due 60 days before the first product or service's departure date is 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 canceled and retain the deposit paid on booking as a cancellation fee. If a booking is made less than 60 days before the first product's departure date is included in the applicable booking, then the full amount must be paid at the booking time. If, for any product or service booked, payment terms differ from those outlined in this section, the applicable terms will be communicated to you before booking. They will also be detailed on the applicable invoice.
When booking with a special discount, such as early bird booking, the full discounted amount should be paid, which is nonrefundable.
The Tour Operator is responsible for charges levied by third parties or financial institutions and payable by you due to payment transactions and will pay up to 20 USD fees charged by third parties or financial institutions in connection with payments made by you to the Tour Operator.
13. CANCELLATION BY THE PARTICIPANT
You may cancel your booking by notifying the Tour Operator. If any, cancellation fees will be determined regarding 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 canceled Tour, product, or service (excluding any insurance products).
Cancellation of a Tour:
(a) Cancellation received 60 days or more before departure of first product or service in relevant booking: The Tour Operator will hold the Deposit under these Terms, the remainder of the payments made to the Tour Operator in respect of the canceled product will be refunded if you haven't booked with a special discounted rate as the early bird booking or any other special offer. If you have booked and paid in full with such a special rate, the Tour Operator's full amount will be held under these Terms, and no further refund will be payable.
(b) Cancellation received 59 to the starting day of the tour or departure of the first product or service in relevant booking: the Tour Operator will hold the Deposit and the full amount according to these Terms no further refund will be payable.
(c) Cancellation and/or non-attendance of the tour and/or service received after the start of the tour and/or service will not be refunded. It is your responsibility to be there and served for what you have paid for and the specific requested time and/or itinerary stipulated in the contract. The contract requires the specific delivering time, from date A to date B. You cannot postpone the contract dates once you have accepted and paid for the tour and/or service.
(d) It is called Cancellation by the Participant if You fail to:
(I) pay the applicable deposit amount or the full amount - is the amount established at the booking time between you and the tour operator.
(II) All the information requested from the tour operator is all the tour operator's information not later than 10 days before the start of the tour and/or service.
14. GUARANTEED DEPARTURES & CANCELLATION OF A TOUR BY THE TOUR OPERATOR
The Departure date for a Tour offered by the Tour Operator will become a guaranteed departure when at least one booking secured by a valid deposit has been made on that departure.
The Tour Operator guarantees that all scheduled Tour departures booked and secured with a valid deposit will depart as indicated on the applicable confirmation, subject to reasonably itinerary changes described in these Terms or good faith health and safety concerns. This guarantee is not applicable in the case of Force Majeure. Up to date Tour and itinerary information is available on the Tour Operator’s website or by contacting the Tour Operator. Brochures and other printed materials displaying Tour information and departure dates are subject to change may not be relied upon for purposes of this guarantee.
If the Tour Operator cancels a Tour before the date of departure for reasons other than Force Majeure and your fault or negligence does not cause the cancellation, you will have the choice of accepting from the Tour Operator:
(a) a substitute Tour of equivalent or superior value; or
(b) a substitute Tour of lesser value if no tour of equivalent or superior value is reasonably available and to recover from the Tour Operator the difference in price between the price of the Tour originally purchased and the substitute Tour; or
(c) a full refund of all monies paid for the canceled Tour and a free 200$ voucher for you to use with any tour of us in the future.
The Tour Operator is not responsible for any incidental expenses or consequential losses that you incur as a result of the canceled booking, including visas, vaccinations, non-refundable flights or rail, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment, the Tour Operator reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where a significant element of a Tour as described cannot be provided after departure, the Tour Operator will make suitable alternative arrangements where possible. If it is not possible to provide a suitable alternative or if you reasonably reject any suitable alternatives, the Tour Operator may provide you with a refund for unused products or services as determined at its discretion.
15. 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 must have a valid passport 6 months after the last date of travel with the Tour Operator as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas, and permits before 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 directly results from your failure to secure or have proper travel documentation. The Tour Operator does not provide advice on travel documents and makes no representations or warranties to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment. You agree that the Tour Operator is not responsible for any errors or omissions in this information.
16. FLEXIBILITY & UNUSED SERVICES
You acknowledge that travel nature requires flexibility and acknowledges that they will permit reasonable alterations to products, services, or itineraries by the Tour Operator. The route, schedules, accommodations, activities, amenities, and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of the Tour Operator (including but not limited to Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events and entry or border difficulties). 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.
Changes made by the Tour Operator: The Tour Operator may modify your itinerary where reasonably required in its sole discretion. If the Tour Operator makes a change affecting at least one in three full days of the itinerary or which materially affects the character of a product or service in its entirety (a “Material Change”), the Tour Operator will provide notice to you as soon as reasonably possible, provided that there is sufficient time to do so before departure. If a Material Change is made more than 14 days before departure, you may choose to:
i) accept the Material Change and proceed with the amended product or service;
ii) book another product or service of equal or greater value, if available (you will be responsible for paying any difference in price); or
iii) book another product or service of lesser value, if available (with a refund payable to you for the difference in price); or
iv) cancel the amended product or service and receive a full refund for the land-only portion of the applicable product or service (a refund is not available for other products or services booked which are not subject to a Material Change).
You must notify the Tour Operator of your choice within 7 days of receiving notice, or you will be deemed to accept the amended itinerary.
Once a Tour has departed, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment, or comfort. Any changes are at the discretion of the Tour Operator. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel with the Tour Operator, whether or not such expenses arise from a change of itinerary, and the Tour Operator is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. The Tour Operator will not be liable for any indirect and or consequential losses associated with any changes to a booking or itinerary.
Changes made by you: You are responsible for ensuring that information provided to the Tour Operator is accurate and up-to-date. Any changes to your name on any booking are subject to the Tour Operator’s approval. Any changes to a booking depend on availability and are subject to the Tour Operator’s approval and these Terms. Any extra costs incurred for making the change will be charged to you along with an administrative fee. Cancellation of any Tour, product, or service included in a booking will not be considered a change for this section's purposes. The applicable cancellation terms will govern it. No changes are permitted to any booking within 10 days of departure of the first product or service on the applicable booking.
18. ACCEPTANCE OF RISK
You acknowledge that tours and travel and the Tour Operator's products and services may involve a significant amount of risk to your health and safety. By traveling with the Tour Operator, you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risk and releases 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 any tours and or services with us 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 depending 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, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with developing infrastructure. Standards of hygiene, accommodation, and transport in certain countries where Tours occur are often lower than the standards you may reasonably expect in your home country or region. You agree that the Tour Operator is not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges, or laws in effect in any locations where a Tour, product, or service is operated. 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.
At all times, you must 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 the 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 to provide the Tour Operator with the opportunity to address such complaints properly. 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 Tour Operator's attention 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.
19. THE TOUR OPERATOR IS NOT LIABLE FOR THIRD PARTY SUPPLIERS
The Tour Operator makes arrangements with accommodation providers, activity providers, airlines, cruise lines, coach companies, transfer operators, shore excursion 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. Third-Party Suppliers may also engage the services of local operators and sub-contractors. Although the Tour Operator takes all reasonable care in selecting Third Party Suppliers, the Tour Operator cannot control Third Party Suppliers, does not supervise Third Party Suppliers, and, therefore, cannot be responsible for their acts omissions. Any services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third Party Suppliers, and their liability is limited by their tariffs, conditions of carriage, tickets, and vouchers, and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the Third Party Supplier. You acknowledge that Third-Party Suppliers operate in compliance with the countries' applicable laws in which they operate. The Tour Operator does not warrant that any Third Party Supplier complies with the laws of your country of residence or any other jurisdiction.
THE TOUR OPERATOR IS NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY OTHER THAN THE TOUR OPERATOR AND ITS EMPLOYEES.
The Tour Operator is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or independent contractors.
20. 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 do not form part of the Tour. You agree that any assistance was given by the Tour Operator’s representative(s) in arranging, selecting, or booking any Optional Extras is purely at your request. The Tour Operator makes no warranties and expressly disclaims any liability whatsoever arising from participation in Optional Extras or any information provided by any Tour Operator representative 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 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.
The Tour Operator and its parents, subsidiaries and their respective employees, affiliates, officers, directors, successors, representatives, and assigns shall not be held liable for anything that is not caused by us, including but not limited to (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, force majeure, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against the Tour Operator for any such loss, damage, injury, or death.
If any loss, death, injury, or illness is caused by the negligent acts or omissions of the Tour Operator or of the Third Party Suppliers of any services which form part of the booking contract, then the Tour Operator limits its liability, where applicable by all applicable international conventions.
Carriage of passengers and their luggage by sea is governed by the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (PAL), as amended (the “Athens Convention”), which is expressly incorporated into these Terms. Any liability of the Tour Operator and the Carrier (as that term is defined in the Athens Convention) for death or personal injury or loss or damage to luggage arising out of carriage by sea will be determined solely under this Convention. The Athens Convention limits the Carrier’s liability for death or personal injury or loss or damage to luggage and makes special provision for valuables. It presumes that luggage has been delivered undamaged to the Guest unless written notice is given to the Tour Operator and/or the Carrier:
(a) in the case of apparent damage, before or at the time of disembarkation or redelivery; or
(b) in the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place.
Any damage payable by the Tour Operator up to the Athens Convention limits will be reduced in proportion to any contributory negligence by you and by the maximum deductible specified in Article 8 (4) of the Athens Convention. Copies of the Athens Convention are available from the Tour Operator on request.
In so far as the Tour Operator may be liable to you regarding claims arising out of carriage by sea, the Tour Operator is entitled to all the rights, defenses, immunities, and limitations available, respectively, to the actual carrier and under the relevant Conventions. Nothing in these Terms will be deemed as a surrender thereof. To the extent that any provision in these Terms is made null and void by the Athens Convention or any legislation compulsorily applicable or is otherwise unenforceable, it shall be void to that extent but not further. The Tour Operator’s liability will not at any time exceed that of the carrier under its Conditions of Carriage and applicable or incorporated conventions or other legislation. Any liability in respect of death and personal injury and loss of and damage to luggage which the Tour Operator may incur, whether under the contract with you under these Terms or otherwise, will always be subject to the limits of liability contained in the Athens Convention for death or personal injury.
Notwithstanding anything to the contrary elsewhere in these Terms, the Tour Operator will not in any circumstances be liable to you for any loss or anticipated loss of profit, loss of enjoyment, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature.
For claims not involving personal injury, death or illness or which are not subject to the Conventions referred to above, any liability the Tour Operator may incur for the negligent acts or omissions of its suppliers will be limited to a maximum of the price which you paid for the applicable Tour, not including insurance premiums and administration charges. The Tour Operator will not at any time be liable for any loss of or damage to valuables of any nature. You agree that you will be precluded from making a double recovery by making the same claims and seeking recovery against the Tour Operator and its suppliers, contractors, or other third parties.
22. 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”. We strongly suggest you purchase insurance that would cover force majeure.
23. IMAGES AND MARKETING
While participating in any Tour, you agree that 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.
If any provision of these Terms is so broad as to be unenforceable, such provision will be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof will in no way affect the validity or enforceability of any other provision.
26. CONTRACT PARTIES & SUCCESSORS
These Terms will inure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors, and assigns.
27. APPLICABLE LAW
The Contract and these Terms are subject to Albania's laws, and you submit to the exclusive jurisdiction of the courts located in Tirana, Albania, for the resolution of any dispute under these Terms or concerning any Tour, product, or service.
The Tour Operator reserves the right to update or alter these Terms at any time and will post the amended Terms on the Tour Operator’s website under terms and conditions. Any amendment will take effect 10 days after being posted to the Tour Operator’s website. An up to date copy of these Terms, as amended, may be accessed at any time on the Tour Operator’s website and will be sent to you upon written request to the Tour Operator. You are deemed to have accepted any amendments to these Terms 7 days after posting on the Tour Operator’s website. The Tour Operator recommends that you refer to the Terms before travel to familiarize themselves with the most up-to-date version available.
29. ADDITIONAL TERMS APPLICABLE TO CERTAIN TRAVEL STYLES
(A) FAMILY TOURS
The following terms and conditions will only apply if you are booking or traveling on Family Tours with the Tour Operator:
Family Tour Requirements: To book a Tour designated as a “Family Tour” by the Tour Operator, you must be traveling as part of a “Family Unit.” A “Family Unit” is a group of two or more persons traveling and booking together, where at least one person is a minor in the care of at least one of the accompanying adults. One minor may accompany one or more adults to be considered a Family Unit. The Tour Operator reserves the right to cancel the booking of anyone traveling or planning to travel on a Family Tour who, in the Tour Operator’s sole discretion, do not properly constitute a Family Unit under this section or otherwise does not meet the Tour Operator’s requirements for participation in a Family Tour.
30. Fraudulent and/or misleading activity/ information/ action / communication
If you fail to provide true information and/or engage in any fraudulent or misleading activity/ information/ action/ communication, any amount you have paid, including the deposit and/or the full amount, will not be refunded, and we will refuse to give you any service which we have agreed on. Any behavior, but not only and not limited to that, but will also result in offending a member of our team or associate, before and/or during the trip, will result in immediate termination of your trip with us, and no further refund will be payable. Communication via email, phone, or any other electronic device is considered communication and is treated the same.