G Adventures Booking Terms and Conditions - International

Thank you for booking and/or travelling on a G Adventures tour with G Adventures Inc. (“G Adventures”). These Terms and Conditions apply to any travel products and/or services you have booked with or purchased from G Adventures, and govern the contractual relationship between you and G Adventures with respect to any such travel products and/or services (hereinafter, the “Products”). Please read these Terms carefully as by booking any Product with G Adventures, or by travelling on a G Adventures tour or Product you acknowledge that you: i) have read and understand these Terms, and ii) indicate your express acceptance of and agree to be bound by these Terms. If you have confirmed a booking on any Products with more than one client named and booked on such booking, you shall be deemed to have accepted these Terms and Conditions (the “Terms”) on behalf of all clients named in the booking (including minors and those under a disability) and travelling on or otherwise participating in any Products (hereinafter “you”, the “Client(s)”), and by such travel or participation all passengers indicate their assent to these Terms. The client who confirmed the booking is deemed to be the designated contact person for all other clients named in such booking. These Terms constitute the entire agreement between the Client and G Adventures with respect to the subject matter thereof and supersedes all prior agreements, representations and understandings of the parties, written or oral.

Conditions of Carriage: All Clients booking any Product which includes or involves any carriage by sea, by booking such Product acknowledge and agree that they have carefully read and understand these Terms and Conditions, and G Adventures’ Conditions of Carriage that are available at any time on the G Adventures’ website (at gadventures.com/terms-conditions/conditions-of-carriage) or on request and are expressly incorporated into this contract where any Client purchases or travels on a Product including or involving carriage by sea.

1. THE BOOKING CONTRACT

A booking is confirmed and these Terms shall apply when G Adventures, or an authorized agent acting on G Adventures’ behalf, have received the applicable deposit from the Client and the Client has received written confirmation from G Adventures of such booking. The Client confirming the booking must be no less than 18 years of age and agrees to provide full, complete and accurate information as requested by G Adventures to confirm such booking. Any Client confirming a booking on any Products with more than one Client named and booked on such booking represents and warrants to G Adventures that: i) they have all requisite consents and authority to make such booking on behalf of all other Clients named on the booking, and have communicated all necessary information to the other Clients in order for them to give free and fully informed authorization to do so; ii) the information that they are providing regarding all clients is complete and accurate, and they have obtained all necessary consents and permissions to share such information with G Adventures for the purposes of completing the booking; and iii) they will inform all other named Clients on the relevant booking of the applicability of these Terms to the booking and the Clients’ relationship with G Adventures.

At any time before a booking is confirmed, G Adventures reserves the right to increase or decrease brochure prices of any Products. G Adventures or their agents reserve the right to decline any booking, in their sole discretion.

2. MEDICAL FORM

All Clients are obligated to review the G Adventures Medical Information form, as provided by G Adventures and/or as available on the G Adventures website (at gadventures.com/medical_form/). If you have difficultly completing the Medical Form or are unsure about how to respond to any of the questions, please have the form reviewed by a competent medical practitioner. G Adventures cannot offer advice of a medical nature. If a Clients indicates on the Medical Form that they have any pre-existing medical conditions (as defined on the Medical Form), that Client must return a Medical Form, duly signed by a licensed, competent and practicing physician, to G Adventures prior to or in conjunction with that Client’s final payment in respect of the applicable booking. All Clients travelling on the MS Expedition or on any other trip designated by G Adventures as an “Expedition Trip” (together, “Expedition Trips”) must return a Medical Form, duly signed by a licensed, competent and practicing physician, to G Adventures prior to or in conjunction with that Client’s final payment in respect of the applicable booking. The Client acknowledges that they understand that the honest completion of the Medical Form is critical, partially because the destinations visited on G Adventures’ Products may be remote, isolated, and far removed from medical care facilities, or may not have facilities of the standard the Client is accustomed to in their home country. The Client therefore agrees to complete the medical form honestly, accurately and represents and warrants to G Adventures that they will disclose all medical history and information accurately and fully. G Adventures will review the information submitted, and will maintain the information in strict confidence, in accordance with the G Adventures Privacy Policy, which can be found at gadventures.com/terms-conditions/privacy/. G Adventures reserve the right to request proof or further information or professional medical opinions in certain instances where it is deemed in the best interests of the Client or necessary for the safe operation of the Products. In the event there is a dispute between G Adventures and the Client in regard to the Clients’ physical or mental suitability for a trip, the matter will be referred to a medical professional at the Client’s sole expense. G Adventures reserves the right to deny any Client permission to travel or participate in a Product where G Adventures, acting reasonably, deems necessary with regard to the health and safety of the booking Client, any other Clients travelling with G Adventures, or G Adventures staff or representatives, and may use information provided in the Medical Form, expert opinions, and other information in formulating such decision. G Adventures will provide a written explanation for any such decision upon request from the Client. In the event the Client has made a booking with G Adventures and subsequently is unable to complete the required medical form for any reason by the deadline indicated above, G Adventures reserves the right to treat such Client’s booking as cancelled, and all applicable cancellation fees shall apply.

3. MEDICAL CONDITIONS AND SPECIAL REQUIREMENTS

All Clients should consult their physician regarding their fitness for travel, and adventure travel in particular. G Adventures encourages all Clients to seek their physician’s advice regarding necessary or advisable vaccinations, medical precautions, or other medical concerns regarding the entirety of the Client’s travel with G Adventures. G Adventures does not provide medical advice. In addition to the obligation to review, and if applicable, complete the Medical Form described above, Clients must notify G Adventures in writing prior to the due date of their final payment for their booking of any medical conditions, pregnancy, disability or any other mental and or physical condition which may impact the Client’s fitness to travel, and/or any continuing medical condition. Full disclosure of such information is a condition of traveling on any Product or in any capacity with G Adventures. Certain Products may not be suitable for all people due to restrictions posed by limitations in mobility, physical or cognitive disability, pregnancy or various other physical or mental conditions. It is the Client’s responsibility to assess the risks and requirements of each Product in light of such Client’s limitations, physical and mental fitness and condition, and any medical requirements or issues of such Client. G Adventures may refuse to carry pregnant women over 24 weeks or Clients with certain conditions, if suitable accommodation or alternate Products or services can not be arranged. Adventure travel, as offered by G Adventures, by its nature involves visiting remote or less developed regions, where medical facilities may not meet the standards of those found in a Client’s home country. The condition of medical facilities in the countries in which G Adventures operates varies and G Adventures makes no representations and gives no warranties in relation to the standard of such facilities or medical treatment in those regions. G Adventures will endeavour to accommodate the special requests of Clients , such as dietary and accommodation requests, but such requests do not form part of these Terms or the contract between Client and G Adventures and G Adventures is not liable for any failure to accommodate or fulfill such requests.

Traveling with Children: Clients aged 18 at date of first travel are deemed to be adults. On all Products and/or G Adventures trips an adult Client over the age of 18 must accompany every 2 Minor Clients (defined as Clients under the age of 18). The ratio of adult Clients to Minor Clients traveling together must be one adult Client to every two Minor Clients. Unless otherwise indicated in the tour description, or otherwise by G Adventures, the minimum age for Clients travelling on tours is 12 years. To travel on a G Adventures-designated “YOLO” tour, Clients must meet the minimum age requirement of 18 years of age as of the date of travel, along with other applicable age restrictions as promulgated from time to time by G Adventures. All Minor Client bookings are subject to review and approval by G Adventures. G Adventures reserves the right to restrict the number of Minor Clients on any given Product where it deems necessary. If the adult accompanying a Minor Client is not the Minor Client’s custodial parent or legal guardian, then a "Parental Consent Guardianship Form" must be signed (along with other documents provided as requested by G Adventures) by the Minor Client’s parent or legal guardian and must be received by G Adventures along with or prior to the final payment made in respect of the Minor Client’s booking. For more information, please see: voyage.gc.ca/faq/children-travel_enfants-voyage-eng.asp

Inca Trail Requirements: In order to travel on or participate in any Product which involves passage on the Inca Trail in Peru, Clients must provide complete details as requested by G Adventures to obtain any requisite Inca Trail permits, which information shall include the Client(s)’ full name and passport number and expiry date, as appearing in the passport that the Client will be traveling with, as well as the Client’s date of birth and nationality. Any inaccuracies or failure to provide complete information with respect to Inca Trail permits may result in failure to secure such Inca Trail permit. G Adventures will not be held responsible for any fees levied on the Client as a result of inaccuracies, late, misplaced, or otherwise incomplete or ineligible applications for Inca Trail permits resulting from the information provided by the Client.

Family Tour Requirements: In order to book any Products designated on G Adventures website, in relevant brochures, or otherwise indicated by G Adventures to be a “Family Tour”, Clients must be travelling as part of a “Family Unit”. For the purposes of this section, a “Family Unit” shall consist of a group of two or more Clients, travelling and booking together, where at least one such Client is a child in the care of at least one of the accompanying adults. One child may accompany one or more adults for the purposes of being considered a “Family Unit”. If the consent of a parent or any other person is required by applicable law, judgment, or decree for such child to travel, the accompanying adult Client is responsible for securing all such proper consent and ensuring that they and the Minor Client meet all legal requirements to travel on the applicable Family Trip and to enter into and depart from applicable countries and regions. G Adventures will not be responsible for any fees, damages, or losses incurred as a result of any failure on the part of a Client to secure such necessary consents, permits, and approvals. G Adventures reserves the right to cancel the booking of any Clients travelling or purporting to travel on a Family Tour who, in its sole discretion, do not properly constitute a Family Unit in accordance with this section or otherwise do not meet G Adventures’ requirements of participation in a Family Tour.

4. CURRENCY

G Adventures Products are available for purchase using seven global currencies: Great British Pound (GBP£), Euro (EUR€), United States Dollar (USD$), Canadian Dollar (CAD$), Australian Dollar (AUD$), Swiss Francs (CHF), South African Rand (ZAR) and New Zealand Dollar (NZD$). The currency applied to the Client’s booking will be determined by G Adventures, in consideration of the booking location of the Client. The Client will be advised of the applicable currency prior to making any payment to G Adventures.

5. QUOTE FEES AND ADMINISTRATIVE FEES

Quotes provided to Clients regarding the Independent and Tailor Made line of Products are subject to a non-refundable administrative Quote Fee of GBP£15, EUR€25, USD$25, CAD$25, AUD$25, CHF25, ZAR250 or NZD$25, (as applicable). Should the booking be confirmed, this amount will be deducted from the final payment owing to G Adventures by that Client. G Adventures also reserves the right to apply other Administrative Fees of GBP£25, EUR€50, USD$50, CAD$50, AUD$50, CHF50, ZAR500 or NZD$50 at its discretion to certain bookings which require a higher level of service or additional support. Such administrative charges will be communicated to the Client by G Adventures prior to being applied to such Client’s account.

6. DEPOSITS

(a) Tours and Independent Tours: At time of booking any Product a non-refundable deposit of GBP£100, EUR€250, USD$250, CAD$250, AUD$250, CHF250, ZAR1000 or NZD$250, as applicable, per person per tour is due from the Client to G Adventures. If the booking is made 60 days or less prior to departure, full payment is due at the time of booking. The non-refundable deposit and signed Medical Form, if applicable, should be sent to G Adventures or to the authorized Agent through whom the Client has booked, depending on the original form of booking. G Adventures-designated FIT tours, or certain Products combined with other forms of Products may require a higher deposit or full payment at the time of booking, which will be advised prior to the confirmation of such booking.

(b) Expedition Trips: For any Clients traveling on Expedition Trips a non-refundable deposit of GBP£400, EUR€500, USD$750, CAD$750, AUD$750, CHF750, ZAR3000 or NZD$750, as applicable, per Client per Product booked is due at the time of booking of such Expedition Trip. If any booking on an Expedition Trip is made 90 days or less prior to the departure of such trip, full payment is due at the time of booking. The non-refundable deposit and signed Medical Form should be sent to G Adventures or to the authorized Agent through whom the Client has booked, depending on the original form of booking.

(c) Lifetime Deposits: Should the Client cancel their booking (for any reason other than nonpayment or any other breach of these Terms), the deposit amount as defined in 6(a) or 6(b) above, will be held as a ‘Lifetime Deposit’ with G Adventures, subject to the full extent of these Terms. Lifetime Deposits have no expiry and may be applied, by the Client who originally made the cancelled booking in respect of which such Lifetime Deposit was originally received, towards payment of a deposit on another G Adventures Product. Any additional costs, such as permit costs above the deposit amount are subject to different terms and conditions and do not form part of such Lifetime Deposit. The Lifetime Deposit has no cash value and is non-transferable. Only one Lifetime Deposit may be applied per Client, per Product booked. All Lifetime Deposits must be applied to a new Product booking that is of equal or greater value than the Product in respect of which such Lifetime Deposit was originally received. A Lifetime Deposit may not be applied to the same or similar dates of travel or a Product at a price lower than the Product which was cancelled and/or in respect of which the Lifetime Deposit was originally received.

7. FINAL PAYMENT SCHEDULE/ACCEPTANCE OF BOOKING/CLIENT DETAILS

Tours and Tailor Made Tours:

(a) Final Payment: Clients should refer to the confirmation invoice sent by G Adventures and/or its authorized agent and/or their applicable confirmation email for details regarding final payment for any Products booked. Payment of the balance of the price for any Product (excluding Expedition Trips and FIT or custom-tailored Products) is due 60 days before the departure date of the first Product to depart (of the Products included in such booking). If full payment is not received by such due date, G Adventures may change the rate payable for the Product, or may treat the booking of such Product as cancelled and shall retain the deposit paid on booking as a cancellation fee, at G Adventures’ sole discretion. If a Product is booked less than 60 days before the departure date of the first Product to depart (of the Products included in such booking) then the full amount is payable at the time of booking in order for the booking to be confirmed. If, for any Product, payment terms differ from those outlined in this section, the applicable terms will be communicated to the Client prior to booking and shall also be detailed on the applicable invoice.

(b) Client Details: As a condition to valid confirmation of any booking with G Adventures (including all Products and Expedition Trips) the Client must provide all necessary information as requested by G Adventures along with their final payment. If the Client fails to provide such information prior to 60 days before the departure of the purchased Product, an Administrative Fee will be charged to the Client, and G Adventures reserves the right to treat such booking as cancelled and levy any cancellation fees deemed reasonable by G Adventures, in its sole discretion. The information required from each Client will vary tour by Product purchased, and the requirements will be communicated to the Clients, or to G Adventures’ authorized agent, during the booking process.

(c) Credit Card Charges: G Adventures is not responsible for any charges levied or charged by third parties and/or financial institutions and payable by the Client as a result of credit card or other payment transactions in connection with the purchase of Products and will not refund or return any fees charged by such third parties in connection with payments made by Clients to G Adventures.

Expedition Trips

(a) Final Payment: Clients should refer to the confirmation invoice sent by G Adventures and/or its authorized agent and/or their applicable confirmation email for details regarding final payment for any Expedition Trips booked. Payment of the full amount due for any Expedition Trip is due 90 days before the departure date of the first Product to depart (of the Products included in the relevant booking that includes the Expedition Trip). If full payment is not received by such due date, G Adventures may change the rate payable for the Expedition Trip, or may treat the booking of such Expedition Trip as cancelled and shall retain the deposit paid on booking as a cancellation fee, at G Adventures’ sole discretion. If a Product is booked less than 90 days before the departure date of the first Product to depart (of the Products included in the booking which includes the Expedition Trip), the full amount is payable at the time of booking in order for the booking to be confirmed. If, for any Expedition Trip, payment terms differ from those outlined in this section, the applicable terms will be communicated to the Client prior to booking and shall also be detailed on the applicable invoice.

(b) Repositioning Cruises: At its discretion G Adventures may offer reduced pricing on designated ‘Repositioning’ cruises. Clients booking on such cruises acknowledges the schedule of Repositioning cruises are subject to weather, technical, mechanical, and other delays. This means the itinerary may need to be adjusted from time-to-time, in G Adventures’ sole discretion. G Adventures reserves the right to delay published departure date by 24 hours and/or published arrival date of such cruises by 24 hours with no penalty payable to the Client. G Adventures strongly advises that Client’s connecting flights and other reservations be made to account for such necessary flexibility. Should the departure and/or arrival times or dates be adjusted to by up to 24 hours G Adventures is not liable for any costs directly, or indirectly incurred by any Client as a result of such changes.

9. CANCELLATION BY THE CLIENT

Any cancellation of a booking and/or a Product by a Client must be delivered to G Adventures in writing and be acknowledged by G Adventures in writing. The applicable cancellation fees shall be determined with reference to the date on which the request to cancel is received by G Adventures or its Agents and are expressed hereinafter as a percentage of the total price paid for the cancelled Product, excluding any insurance products.

(a) Cancellation for Tour Product and Independent Tour Product:

i) Cancellation received 60 days or more before departure of first Product to depart in relevant booking: Lifetime Deposit shall be held by G Adventures in accordance with the terms hereof, the remainder of the payments made by the Client to G Adventures in respect of the cancelled Product shall be refunded to the Client.

ii) Cancellation received 59-30 days before departure of first Product to depart in relevant booking: Lifetime Deposit shall be held by G Adventures in accordance with the terms hereof, an amount equal to 50% of the remainder of the payments made by the Client to G Adventures in respect of the cancelled Product shall be refunded to the Client.

iii) Cancellation less than 30 days before departure of first Product to depart in relevant booking: Lifetime Deposit shall be held by G Adventures in accordance with the terms hereof, and no further refund shall be payable to the Client.. Custom or FIT trips may be subject to alternative cancellation terms, which will be communicated to applicable Clients at the time of booking.

(b) Cancellation for Expedition Trips:

i) Cancellation 90 days or more before departure of first Product to depart in relevant booking: Lifetime Deposit shall be held by G Adventures in accordance with the terms hereof, the remainder of the payments made by the Client to G Adventures in respect of the cancelled Product shall be refunded to the Client.

ii) Cancellation 89-60 days before departure of first Product to depart in relevant booking : Lifetime Deposit shall be held by G Adventures in accordance with the terms hereof, an amount equal to 50% of the remainder of the payments made by the Client to G Adventures in respect of the cancelled Product shall be refunded to the Client.

iii) Cancellation less than 60 days before departure of first Product to depart in relevant booking: Lifetime Deposit shall be held by G Adventures in accordance with the terms hereof, and no further refund shall be payable to the Client.

(c) Cancellation of Package Travel: Please refer to Section 29.

(d) Cancellation of Arrival Transfers, Pre and/or Post Night Accommodations and My Own Room:

i) Cancellation 31 days or more before departure: Clients shall receive a full refund in respect of cancelled Arrival Transfers, Pre and/or Post Night Accommodations and My Own Room.

ii) Cancellation 30 days or less before departure: No refund shall be payable in respect of any cancelled Arrival Transfers, Pre and/or Post Night Accommodations and My Own Room.

(e) Cancellation of Pre/Post Cruise Add-Ons (including Transfers, Pre and/or Post Cruise Accommodations, and/or flights booked with Expedition Trips):

i) Cancellation 90 days or more before departure of first Product to depart in relevant booking: All payments made by the Client to G Adventures in respect of the cancelled Pre/Post Cruise Add-On shall be refunded to the Client.

ii) Cancellation 89-60 days before departure of first product to depart in relevant booking : an amount equal to 50% of the payments made by the Client to G Adventures in respect of the cancelled Pre and/or Post Cruise Accommodations shall be refunded to the Client.

iii) Cancellation less than 60 days before departure of first Product to depart in relevant booking: no refund shall be payable to the Client in respect of the cancelled Pre and/or Post Cruise Accommodations.

(f) Cancellation of Kayaking, Camping, and Theme Packs:

i) Cancellation 31 days or more before departure: Client shall receive a full refund in respect of cancelled Kayaking, Camping, and/or Theme Pack.

ii) Cancellation 30 days or less before departure: No refund shall be payable in respect of any cancelled Kayaking, Camping, or Theme Pack.

10. CANCELLATION OF A TOUR BY G ADVENTURES

G Adventures will not cancel a booking on any Tour Product (with the exception of Expedition Trips – please refer to G Adventures Conditions of Carriage for policies regarding the cancellation of Expedition Trips) once confirmed, in accordance with these Terms, except for reasons of ‘Force Majeure’, which shall be defined as unusual or unforeseen circumstances outside of the reasonable control of G Adventures . When a tour is cancelled by G Adventures before the agreed date of departure for reasons not arising from the fault or negligence of or within the reasonable control of the Client, the Client shall have the choice of:

(i) accepting from G Adventures a substitute tour Product of equivalent or superior value, where such substitute is reasonably available; or

(ii) accepting from G Adventures a substitute tour of lower value if no tour of equivalent or superior value is reasonably available, and to recover from G Adventures the difference in price between the price of the tour originally purchased and that of the substitute tour; or

(iii) accept from G Adventures a full refund of all monies paid for the cancelled tour Product(s).

G Adventures is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the cancelled booking such as visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. G Adventures reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where after departure a significant element of the Product(s) as described cannot be provided, G Adventures will make suitable alternative arrangements for the continuation of the trip Product(s). If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, G Adventures will provide the Client a refund of unused Products or Product portions.

11. UNUSED SERVICES

Neither G Adventures nor its authorized agents shall offer or pay any discounts or refunds for missed or unused services which were missed or unused by the Client due to no fault of G Adventures, its agents, or representatives, which shall include any termination of the Client’s participation in the tour Product due to the Client’s own fault, negligence or breach of these Terms.

12. PRICES, SURCHARGES AND TAXES

Due to the nature of Adventure travel and the prices of the resources on which it depends, the published price of any Product is subject to change at any time, before or after booking confirmation, up to 30 days before the departure of such Product. After a Confirmation Invoice has been issued by G Adventures to the Client, G Adventures reserves the right to impose surcharges on any Product(s), but only 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 Product(s), but only where the increase in question is greater than 2% of the original price paid for the Product (excluding add-ons, insurance, and taxes).. G Adventures shall provide notice to the affected Client as soon as reasonably possible upon learning of the necessity to impose a surcharge in accordance with this section.

Where the increase in price is greater than 7% of the price of the applicable Product, upon receiving notification from G Adventures the affected Client(s) may elect to either:

(i) cancel the applicable Product booking without incurring any penalty; or

(ii) accept the change of price.

The Client must notify G Adventures of their election within 14 days of receipt of notice of the increase, or they shall have been deemed to have accepted the price change and have accepted liability for payment of the increase.

Tours are priced and advertised exclusive of applicable sales taxes and such taxes will be advised to Client by at time of booking and itemized on subsequent invoicing.

13. VALIDITY

The prices of Products advertised in G Adventures’ brochures and on the G Adventures website are based on costs in effect at time of printing the brochure or posting to the website. G Adventures reserves the right to alter prices of any Product at any time prior to receipt of payment in full for such Product.,. All dates, itineraries and prices are indicative only and the price quoted at the time of Booking shall be the applicable price, subject to the surcharges that may be levied in accordance with Section 12, above. Changes, revisions, or other amendments may be made to the particulars contained in any G Adventures brochure or on the G Adventures website before a contract is concluded, and such changes, revisions or amendments shall be incorporated herein as of the date of such amendment.

14. FLEXIBILITY

The Client acknowledges by booking a Product and/or agreeing to travel with G Adventures that the nature of this type of travel requires considerable flexibility and acknowledges that they will permit reasonable alterations to the Product and/or itinerary by G Adventures. The Client acknowledges their understanding that the route, schedules, itineraries, amenities and mode of transport may be subject to change without prior notice due to circumstances or events, which may include sickness or mechanical breakdown, incidents in the location where the Product will be operated, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances which are beyond the reasonable control of G Adventures.

15. CHANGES

(a) Changes made by G Adventures: While G Adventures will endeavor to operate all Products as advertised, reasonable changes in the itinerary of any Product may be made where deemed necessary or advisable for operational reasons by G Adventures, in its’ sole discretion. If G Adventures makes a Material Change (defined as a change affecting at least one in three full tour days of the itinerary, or which materially affects the character of the Product in its entirety) to any Product, G Adventures will inform the Client(s) booked on such Product of any Material Change as soon as reasonably possible, provided that there is sufficient time before departure to properly notify all affected Clients. If a Material Change is made more than 14 days prior to departure, the affected Client may elect to:

i) accept the Material Change and proceeding with the amended Cruise Product;

ii) book another Cruise Product of equivalent or greater value, if available (Client shall be responsible for paying any difference in price between the amended Product and the Product booked in its place);

iii) book another Cruise Product of a lower value, if available, with a refund payable to the Client of the difference in price; or

iv) cancel and receive a full refund of all monies paid in respect of the land-only portion of the applicable Product (and for clarity, this shall not extend to additional Products booked by the same Client which are not subject to any Material Change).

The affected Client must notify G Adventures of their decision in writing or via their travel agent within 7 days of receiving the notification of alteration, or they shall have been deemed to accept the Material Change and deemed to have agreed to the amended Product itinerary.

If any Material Change arises from reasons of Force Majeure, as hereinafter defined, the Client shall be entitled to recover only the costs of the Product recoverable by G Adventures.

Once a Product tour has departed, changes to such Product’s itinerary may be necessary or advisable as a result of unforeseen circumstances or other reasons related to effective Product operation, health, safety, Client enjoyment, or Client comfort. Any such changes are at the discretion of the G Adventures Tour Leader and any indirect costs incurred as a result will be the responsibility of the Client. The Client acknowledges that they must have reasonable financial resources to cover incidental expenses on every Product on which they travel, whether or not they arise from a change in the itinerary or from the travel itself, and that G Adventures shall not be liable for any Client’s failure to prepare adequately for their travel and unforeseen circumstances which may arise during such travel.

G Adventures will not be liable for any indirect and or consequential losses associated with any changes to a Product’s itinerary.

(c) Changes made by the Client: Client may contact G Adventures directly by telephone, or their booking agent, to correct any errors in Client’s personal information recorded on their booking. Client is responsible for ensuring that information provided to G Adventures in making their booking is accurate, up-to-date, and correct. A transfer from one Product tour to another may only be made 60 days or more prior to departure of the applicable Product, (and more than 90 days prior to departure for Expedition Trips) and such transfer must be approved by G Adventures. If such a request is accepted by G Adventures, G Adventures 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 be accepted. In this case the Client must cancel the Product booking in accordance with the cancellation terms herein and create a new booking for any other Products. The Client may only transfer a booking to a departure date in the same calendar year and may not transfer a booking to future calendar years. Any changes to the travelling Client’s name on any Product booking are subject to G Adventures’ approval and applicable Administrative Fees may apply, which will be payable by the Client.

(d) Other Changes: Any changes to a file will depend on availability and will be on a request basis and subject to G Adventures’ approval. Any extra costs incurred for making the change will be charged to the Client along with an Administrative Fee. No changes are permitted to any booking within 10 days of departure of the first Product to depart under the applicable booking.

16. AIRFARE

Product tour prices do not include international air fare or any other flights unless expressly mentioned in the inclusions.

(a) Quotes: All quotes are in Canadian dollars, unless otherwise stated. G Adventures will quote the best price available at the time of quoting for the travel dates requested. Quotes provide an indicative price only, and represent no price commitment by G Adventures.

(b) Options: The Client may hold an option on a flight with G Adventures. This option guarantees the seat at the quoted price for the same business day. After close of business that day (5pm EST, Monday to Friday) if the option is not confirmed, the option is deemed to have expired and is no longer valid.

(c) Price changes: Until tickets are issued, G Adventures reserves the right to change prices in the event of any price increase for any reason including, but not limited to, airfares wrongfully quoted due to system error, the price of fuel and/or currency fluctuations or government taxes or levies, or any other cause whatsoever.

(d) Full payment: Full payment must be received by G Adventures before the option period described in (b),

above, expires to guarantee the reservation at quoted price and secure applicable tickets. By making full payment, the Client agrees that they accept the air travel arrangements as requested at the total price quoted. Cancellation fees will apply if the Client subsequently decides to cancel after any ticket has been issued.

(e) Changes & cancellations: Unless otherwise stated, airline tickets are 100% non-changeable & non-refundable once tickets have been issued. Changes made prior to ticket issuance may be applied at G Adventures’ sole discretion, and will also be subject to administrative fees, as applicable, to be payable by the Client.

(f) Flight reconfirmation: Client is responsible for confirming flight times, numbers, and details at all times to ensure a timely departure. G Adventures is not responsible for any change to airline schedules or flight numbers after tickets have been issued. Clients may contact appropriate airline or airport information sources in order to obtain relevant up to date flight information.

(g) Airline tickets: Once issued, all airline tickets are non-transferable and valid only for the dates and routings shown. If an airline ticket is lost, the client is responsible for the full cost of a new ticket and any changes that may occur in replacement.

(h) Airline, airport or weather delays: G Adventures is not responsible for any additional expenses or loss that may arise from airline, airport or weather delays. G Adventures will not reimburse for any additional expenses incurred by the Client as a result of such events or delays. G Adventures will not refund any unused portion of air tickets purchased in the event of such delays or due to any reasons beyond its direct control.

17. ACCEPTANCE OF RISK

The Client acknowledges that the nature of Product tours is adventurous and may involve a significant amount of risk to Clients’ health and/or safety. The Client hereby assumes all such risk and does hereby release G Adventures from all claims and causes of action arising from any damages or injuries or death resulting from these risks inherent in travel, visiting foreign destinations, and participating in adventurous activities such as those included in Product itineraries.

Accommodation, transportation, activities and excursions, and other components of G Adventures’ Products will be arranged by G Adventures with suppliers local to the region where the Product operates, who may themselves engage the services of local operators and/or sub-contractors. Standards of hygiene, accommodation and transport in some countries where Product tours take place are often lower than comparable standards than what the Client may reasonably expect in their home country or region. G Adventures at all times endeavors to appoint reputable and competent local suppliers and to comply with all applicable laws and regulations concerning health and safety in the regions where Product tours operate. The terms and conditions of all suppliers of Product components will be applicable to the Product component provided by such supplier and are expressly incorporated into these Terms and Conditions. These may limit or exclude liability of the supplier. The liability of G Adventures will not exceed that of any supplier of any Product component. The components that make up each Product tour shall be regarded as having been satisfactorily performed and delivered solely in reference to the regulations and laws concerning health and safety in the applicable jurisdiction where such component is operated...

Expedition Trips: The Vessel used in Expedition Trips carries onboard service providers who operate as independent contractors. Their services and products are charged as extras. Neither G Adventures nor the Carrier is responsible for their performance or products. These contractors may include doctor, medical personnel, hairdresser, manicurist, masseuse, photographer, entertainer, fitness instructors, spa personnel, beauticians, internet/I.T. personnel or other instructional concessionaires, art or other auctioneers, shopkeepers and others providing services. The limitations referred to in clause 27 below shall apply to all independent contractors. These contractors work directly for the Client when performing their services. Neither G Adventures nor the Carrier is responsible for any such person's acts or omissions in providing goods or services to the Client. The independent contractors on Expedition Trips, including Shore Excursion providers, do not at any time act as agents or representatives of G Adventures or the Carrier. Neither G Adventures nor the Carrier controls any such independent contractors, makes no representation of any kind as to their performance and does not undertake to supervise their activities. Any Client using such services or activities shall be deemed to agree and consent that any liability for any death, personal injury, illness, emotional distress, mental suffering or psychological injury to the guest or loss of or damage to property shall be the sole responsibility of the provider of such service or activity.

Shore Excursions on Expedition Trips are subject to their own set of Terms and Conditions, separate and apart from these Terms, and may be reserved after an Expedition Trip has been booked and confirmed. G Adventures will endeavor to appoint reputable and competent local operators who apply the local laws and regulations of the relevant country. Shore Excursion operators are not G Adventures’ servants, agents or suppliers. G Adventures is not responsible and will have no liability whatsoever for any acts or omissions of the local Shore Excursion operators. G Adventures does not operate, perform or otherwise organize and/or audit any shore excursions. All Clients must ensure that they are fit and healthy to undertake Shore Excursions. All Shore Excursions are governed by the terms and conditions of the Shore Excursion providers.

18. AUTHORITY ON TOUR & CLIENT RESPONSIBILITY

At all times the decision of G Adventures’ Tour Leader or other designated representative will be final on all matters regarding safety and well being of Clients and operational requirements of the Product tour. By travelling with G Adventures, the Client agrees to abide by the authority of the Tour Leader or designated representative. The Client must at all times strictly comply with all applicable laws and regulations of all countries and regions visited on the applicable Product tour. If the Client is affected by any condition, medical or otherwise, that might affect Client’s ability to travel or participate in adventure travel activities, Client’s enjoyment of the Product tour being booked, the ability to travel or enjoyment of any other Clients on the Product tour, or the treatment to be administered to the Client in any emergency situation, the Client must advise G Adventures at the time of booking and complete a medical form provided by G Adventures, along with any other documents reasonably requested by G Adventures to ensure the health and safety of all Clients who travel with G Adventures.

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 (in his/her and/or G Adventures’ sole discretion), the Client’s behavior is causing or is likely to cause danger, distress or material annoyance to others, G Adventures may terminate that Client’s travel arrangements on any Product immediately without any liability on G Adventures’ 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, including, without limitation, return travel, accommodations, meals, and/or incidentals.

Clients agree that they are responsible for any costs incurred by G Adventures, G Adventures’ suppliers or G Adventures’ partners, as a result of damage, destruction, theft, or excess cleaning fees related to Client’s accommodation, transport, or other use of facilities while on Tour. Clients agree to immediately report any pre-existing damage of this kind to staff of the accommodation, transportation service, or facility (as appropriate) and/or a G Adventures’ representative as soon as possible upon discovery by the Client.

Client agrees to take all prudent measures in relation to their own safety while on any G Adventures Tour, including, but not limited to, the proper use of safety devices such as seatbelts, harnesses, and helmets, and obeying all posted signs and warnings in relation to Client health and safety. G Adventures shall not be liable for any failure on the Client’s part to comply with this paragraph.

19. GUARANTEED DEPARTURES

G Adventures guarantees all scheduled Product tour departures displayed on their website (www.gadventures.com) shall depart as scheduled (subject to reasonably itinerary changes as contemplated elsewhere in these Terms). Brochures, and other printed materials displaying tour information and departure dates are subject to change, and such dates are excluded from this guarantee. A departure shall become guaranteed once at least one Client has a confirmed booking upon it (secured, at minimum, via valid payment of a Deposit). This guarantee is not applicable in Force Majeure situations, as herein defined.

20. TRAVEL DOCUMENTS

(a) Valid Passport: The Client is entirely responsible for securing and must be in possession at all times while on a Product tour of a valid passport required for entry, departure and travel to each country or region visited or traveled through throughout the itinerary of the applicable Product tour, and for re-entry to the Client’s country of residence or departure (passport must be valid 6 months past the last date of travel with G Adventures), as well as all visas, permits and certificates including vaccination certificates, insurance policies, required for entry into all regions and participation in all parts of the Product tour itinerary. The Client accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the Product tour, and is solely responsible for any adverse consequences resulting from missing or defective documentation. Client agrees that they are responsible for the full amount of any loss or expense suffered or paid by G Adventures or any of our third party suppliers which are a direct result of the Client’s failure to secure proper travel documentation. Any information or advice given by G Adventures regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the Client, and G Adventures is not responsible for any errors or omissions in the information provided, or in the information provided to Clients by third parties such as government or travel authorities.

(b) Documents: Please note that all travel documents for Products such as vouchers, itineraries and invoices will be sent electronically, via email to the e-mail address provided on booking, or will be available on the website www.gadventures.com upon receipt of full payment by G Adventures. G Adventures reserves the right to impose an administration fee on those Clients who wish to receive their travel documents by other means.

(c) Trip Details: The Client acknowledges that due to the changing nature of travel, they are responsible for keeping up to date on the details of their travel on the G Adventures website, including, but not limited to checking the website at least 72 hours prior to departure to ensure the Client has the most current Trip Details as minor changes may have been made since the tour documents were originally provided by G Adventures.

21. FORCE MAJEURE

G Adventures 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 financial costs both direct and indirect incurred, or for G Adventures 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 other loss or detriment to person or property is caused by Act of God, war or war like 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 G Adventures; or an event which G Adventures or the supplier of services, even with all due care, could not foresee.

22. INSURANCE

CLIENT ACKNOWLEDGES THAT IS MANDATORY THAT ALL CLIENTS OBTAIN TRAVEL INSURANCE WITH A MINIMUM MEDICAL, EVACUATION, AND REPATRIATION COVERAGE OF US$200,000 covering all applicable dates of any travel with G Adventures and this insurance must cover personal injury and emergency medical expenses. On the first day of each Product tour, a G Adventures Tour Leader or other G Adventures representative will verify that all Clients have such insurance in place and coverage as per the required amounts above. It is strongly recommended and encouraged that Client’s also extend their coverage to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client. G Adventures shall have no liability for loss, theft of or damage to baggage or personal effects of Clients while participating in a Product tour. Clients should not leave personal belongings unattended in any public areas, on board any mode of transportation, or elsewhere, and are responsible at all times for their own effects and belongings. G Adventures 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 G Adventures such as hotels, homestays, vessels, expedition vehicles, or any other mode of transportation. The Client acknowledges that the cost of the tour does not include any insurance coverage for such Client, and that the Client is required to obtain separate coverage at an additional cost to the Product tour price. When obtaining travel insurance the Client must ensure the insurer is aware of the type of travel to be undertaken so that the insurer may properly cover travel on the applicable G Adventures Product.

23. DISCOUNTS AND PROMOTIONS

All discounts and any reduced pricing and/or promotional benefits are applied at G Adventures’ sole discretion. From time-to-time G Adventures may offer reduced pricing on selected Product tours. The reduced pricing applies strictly to new bookings, and bookings that have already been confirmed (which for these purposes shall mean bookings in respect of which payment of at least a deposit has been received by G Adventures) are not entitled to the reduced pricing. Clients agree that if they have previously cancelled a booking in their name for a Product, they shall not be entitled to re-book on the same or any similar Product tour with the amount of their Lifetime Deposit from the cancelled Product applied, or with any promotion or discount applied, even in the event that they may appear otherwise entitled to such discount. The 5% discount offered to Clients by G Adventures in certain instances for completing post trip evaluations cannot be applied to “Independent” designated Product tours, and cannot be combined with other offers or discounts provided by G Adventures.

24. CLAIMS AND COMPLAINTS

Client agrees to bring any complaints regarding a Product to G Adventures as soon as possible in order to provide G Adventures with the opportunity to address such complaint properly. Client agrees to inform the Tour Leader or other designated G Adventures representative at the earliest opportunity, or to the G Adventures local Office Manager at the nearest location to the applicable Product tour, or to G Adventures’ Customer Service department directly. G Adventures assumes no liability for complaints that are not properly brought to the attention of G Adventures with sufficient notice for G Adventures to resolve or attempt to resolve any Client complaints. Any complaint made after the completion of a Product tour must be received in writing by G Adventures via its Agents or directly to head office at ‘customerservice@gadventures.com’ or G Adventures Inc, Customer Service Department, Base Camp, 19 Charlotte St., Toronto, Ontario, Canada, M5V 2H5 within 30 days of the end of the tour. Client acknowledges and agrees that G Adventures will not accept any liability for claims received after this period.

25. CLIENT RESPONSIBILITY

The Client acknowledges that depending on the nature of the Product booked, or the location(s) in which such Product is to operate, there may be a significant degree of personal risk involved in travel on the Product. There are dangers inherent to adventure travel generally and Client acknowledges they have considered such risk to health and safety and are willing to assume it, by confirming their booking of such Product. The Client acknowledges she or he has considered the potential risks, dangers and challenges in light of their own personal capabilities and needs, and expressly assumes the risks attendant to travel under such conditions. The Client acknowledges and agrees that G Adventures is not responsible for providing information or guidance to the Client with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where Products are operated, and G Adventures strongly encourages that Clients locate or make contact with his/her local embassy or consulate in each destination prior to departure on any G Adventures Product.

26. OPTIONAL EXTRAS

Optional Extras (which for the purposes of this section mean any activity, transportation, meal, or any other product or service not expressly included in the Product description or itinerary, or in the price of the Product) do not form part of the tour or Product. Client agrees that any assistance given by G Adventures’ Tour Leaders or other G Adventures’ representative in arranging, selecting, or booking, any Optional Extras is purely at the request of the Client, and G Adventures makes no warranties regarding such information and expressly disclaims any liability whatsoever arising from any Optional Extras or participation thereon by any Client, or any information provided by any G Adventures representative or Tour Leader regarding any Optional Extras. Accordingly, the Client hereby releases G Adventures from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to Optional Extras.

27. LIABILITY

G Adventures is not responsible for any damages, expenses, losses, or claims which are attributable to the fault of any Client, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services that form any part of the Product(s), or a force majeure event (as herein defined).

THE CLIENT MUST COMMUNICATE AT THE EARLIEST OPPORTUNITY, IN WRITING, TO G ADVENTURES ANY SUCH FAILURE THAT THE CLIENT ALLEGES HAS OCCURRED In the event that any loss, death, injury or illness is caused by the negligent acts and/or omissions of G Adventures or of the third-party suppliers of any services which form part of the Contract then G Adventures limits its liability, where applicable by all applicable International Conventions Carriage of Clients and their luggage by sea is governed by the Athens Convention which is expressly incorporated into these Terms & Conditions and any liability of G Adventures and/or the Carrier for death or personal injury or for loss or damage to luggage arising out of carriage by sea shall be determined solely in accordance with 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 G Adventures 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 G Adventures up to the Athens Convention limits shall be reduced in proportion to any contributory negligence by the Client and by the maximum deductible specified in Article 8 (4) of the Athens Convention. Copies of the Athens Convention are available from G Adventures on request.

In so far as G Adventures may be liable to a Client in respect of claims arising out of carriage by sea, G Adventures shall be entitled to all the rights, defenses, immunities and limitations available, respectively, to the actual carrier and under the relevant Conventions, and nothing in these Terms shall 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. G Adventures’ liability will not at any time exceed that of the carrier under its Conditions of Carriage and/or applicable or incorporated conventions or other legislation. Any liability in respect of death and personal injury and loss of and damage to luggage which G Adventures may incur to the Client, whether under the contract with the Client in accordance with these Terms or otherwise, shall always be subject to the limits of liability contained in the Athens Convention for death/personal injury. Notwithstanding anything to the contrary elsewhere in these Terms, G Adventures shall not in any circumstances be liable to Clients for any loss or anticipated loss of profit, 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 G Adventures may incur for the negligent acts and/or omissions of its suppliers shall be limited to a maximum of the price which the Client paid for the Product, not including insurance premiums and administration charges. Where this relates to loss of and/or damage to luggage and/or other personal possessions then G Adventures liability will not exceed $1,000. G Adventures will not at any time be liable for any loss of or damage to valuables of any nature. The Client agrees that they shall be precluded from making a double recovery by making the same claims and seeking recovery against G Adventures and its suppliers, contractors or other third parties.

28. SUPPLIERS

Hotels, shuttle services or other constituent elements of a Product will be arranged by G Adventures with suppliers local to the regions in which the Product operates, who may themselves engage the services of other local operators and/or sub-contractors. G Adventures will at all times endeavor to appoint reputable and competent local suppliers. The terms and conditions of the suppliers will be applicable and are expressly incorporated into these Terms, and the Client assents to those terms and conditions and the limitations and obligations contained therein. These may limit or exclude liability of the supplier. The liability of G Adventures will not exceed that of any supplier. All suppliers will be selected and assessed by G Adventures in reference to local laws and regulations in the relevant country of operation. Neither G Adventures nor any carrier is liable for the acts or omissions of any independent contractors.

29. PACKAGE TRAVEL

(a) Definition. “Package Travel” is any combination of transport and land services booked at the same time and which is offered by G Adventures as a Product at an all inclusive price. Any transport or accommodation booked on a per-service basis, outside of any bundle or Product itinerary, whether or not booked at the same time and/or shown as a “Total Price” or accommodation or transportation only bookings are not a “Package” for the purposes of this section but defined as “Other Arrangements”. Packages include items as listed on the Trip Details and do not include airport, airline or any other applicable taxes, airport transfers (unless otherwise specified), passport and visa fees, insurance, laundry, phone calls, beverages, meals not detailed in the itinerary, tips, items of a personal nature, baggage fees, excess baggage or Optional Extras. Except where expressly provided for in this Section 29, the terms and conditions of these Terms shall apply to all Package Travel and all Clients purchasing or travelling on Package Travel with G Adventures hereby agree to be bound by such Terms.

(b) Applicable offer: Packages are only available for return trips departing from United States or Canadian mainland airports. Packages are offered for booking in US Dollars and Canadian Dollars only.

(c) Booking: All Packages are subject to availability at time of booking.

(d) Payments: Where full payment is not required immediately, a deposit is required as per the Deposit provisions of these Terms. On occasion, the deposit amount for certain Package Travel Products may be more than those outlined herein, and in such circumstances the deposit amount will be advised to the Client prior to booking. G Adventures will advise the Client of the final balance amount payable in respect of any Package Travel and the applicable due date at time of confirmation, and Client agrees to pay such balance in accordance with the payment provisions contained in these Terms. All Package Travel is eligible for Lifetime Deposits are per the Lifetime Deposit provisions of these Terms.

(e) Alterations and/or cancellations by the Client: No name changes may be made once the booking is in place for any Package Travel. While G Adventures will attempt to accommodate other change requests, other changes are always subject to availability and airline fees. Day of cancellation and/or alterations will be calculated as the day G Adventures receives the cancellation notice in writing from the Client. Any changes to a Package Travel booking after confirmation may be subject to Administrative Fees plus applicable airline fees and charges, which may include any difference between the initial rate and the rate of the amended booking. G Adventures will advise of such charges at the time as the change is requested. In the event of a Package being cancelled before receipt of full payment, the deposit amount shall be retained by G Adventures as a Lifetime Deposit in accordance with these Terms. All Packages cancelled after full payment is received shall be subject to cancellation charges and any applicable administrative fees. At the time any cancellation is requested, G Adventures will advise the Client of the applicable cancellation fees.

(f) Flights and Airlines: All flight times, flight itineraries, carriers and aircraft types are subject to change. Carriers and G Adventures also reserve the right to add en route stops to any flight. The Client agrees that G Adventures cannot be held responsible or liable for any flights missed by Client or any denial of boarding or air security-related delays. Further, the Client also agrees that G Adventures shall not be held responsible or liable for expenses, lost wages or missed vacation time due to flight time changes and/or delays.

(g) Unused services: Missed flights or unused Package components are non-refundable and non-creditable for any reason whatsoever. If a Client is a ‘no-show’, or if the package is cancelled after the departure date of the outbound flight, or if the Client leaves a Product tour which is already in progress, no refund for any unused portion of the Package will be provided by G Adventures.

(h) Special Requests: G Adventures cannot guarantee specific requests such as room location, adjoining rooms, bed preference, in-flight meal requirements, sky cots or any other request. While G Adventures will attempt to advise service providers of such requests, it cannot be held responsible if such requests cannot be fulfilled or if local surcharges are applied.

30. 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 these Terms or amended accordingly only to such extent necessary to allow all remaining terms and conditions hereof to survive and continue as binding. If any provision of these Terms is found to be so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision.

31. CONTRACT PARTIES, SUCCESSORS AND ASSIGNS

These Terms and Conditions shall inure to the benefit of and be binding upon G Adventures and the Client and their respective heirs, legal personal representatives, successors and assigns, as well as anyone named in any booking made by the booking Client on whose behalf the Client is purchasing any Product.

G Adventures, G Adventures Inc., exists under, and is pursuant to, the laws of Barbados with its registered office being Chancery House, High Street, Bridgetown, Barbados.

32. APPLICABLE LAW

The Contract and these Terms and Conditions are subject to the laws of Ontario, Canada and all Clients submit to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada for the resolution of any dispute under these Terms or concerning a Product.

33. PRIVACY POLICY

G Adventures’ website(s) uses tracking cookies in order to enhance user and booking experience. Your use of G Adventures’ website(s) indicates your assent to such use in accordance with G Adventures’ Privacy Policy. In addition, G Adventures must collect personal information from Clients in order to give effect to any booking, to deliver the Products and any collateral services, to assist in evaluating such Products. G Adventures takes care to safeguard all Client information and protect the privacy of all of our Clients. G Adventures collects, uses and discloses only that information reasonably required to enable us to provide the particular Product or service that you have requested, to maintain our customer/visitor lists and/or to respond to your inquiries or feedback and for other purposes further described in the G Adventure’s Privacy Policy, which can be accessed any time at http://www.gadventures.com/terms-conditions/privacy/ and is expressly incorporated into these Terms. In particular, G Adventures may share your information, as necessary, with our third-party suppliers and operators who deliver services or component parts of Product to Clients, in order to enable them to provide such products and services. All such third parties are bound by confidentiality obligations and shall treat all information received from G Adventures in accordance with our Privacy Policy. By submitting any personal information to G Adventures, Clients indicate their acceptance of the terms of G Adventures’ Privacy Policy.

34. ONLINE BOOKINGS

All on line reservations shall be deemed as booked in Canada, and shall be subject to Canadian law and jurisdiction.

35. IMAGES AND MARKETING

The Client agrees that while participating in any G Adventures Product tour (including, without limitation, Group/Independent travel, Expedition Trips, and Package Travel) images, photos or videos may be taken by other Clients and/or G Adventures representatives or Tour Leaders that may contain or feature the Client in part or in whole. The Client acknowledges that they consent to any such pictures being taken and agree that Client hereby grants a perpetual, royalty-free, worldwide, irrevocable license to G Adventures, its affiliates and assigns, to reproduce for any purpose whatsoever (including marketing and promotions), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to the Client or compensation payable to such Client.

36. REFUSAL OF SERVICE

G Adventures retains the right to refuse service to any Client at any time, for any lawful reason whatsoever, in its sole discretion.

37. AMENDMENTS

G Adventures reserves the right to update and/or alter these Terms at anytime, and shall post the amended Terms on the G Adventures Website (www.gadventures.com). Any such amendment shall take effect 10 days following their posting to the Website. The latest Terms, as amended, may be accessed any time on G Adventures’ website at http://www.gadventures.com/terms-conditions/, or will be sent to Client upon their written request to G Adventures. Clients shall be deemed to have accepted any amendments to these Terms on the date that is 10 days after their posting on the G Adventures’ website. G Adventures recommends that all Clients refer to the Terms prior to their travel to familiarize themselves with the most up-to-date version hereof.