Terms and Conditions
Payment Schedule & Registration: Initial deposit of $500 per person must be received at time of booking in order to reserve your space. Final payment is due more than 120 days prior to departure and is subject to cancellation if is not received within this time period. All program sign-up within 120 days prior to departure must be paid in full in order to reserve your space.
Registration, Payment & Cancellation Policy: Having checked off the required area of the online registration portal You confirm Your understanding and acceptance of the Conditions and the Contract by paying Your Booking Deposit or otherwise paying any part of the price of Your Tour. If You make a Booking on behalf of any other person, You represent to Us that You have their authority to make the Booking on their behalf and to legally bind them to the terms of the Contract, including the Conditions. Each reference to “You”, “Your”, “Guest” or “Passenger” means the person who makes the Booking and each other person covered by the Booking.
Cancellations: Any cancellations must be submitted IN WRITING to this office. Cancellations made prior to 180 days of departure the deposit is non-refundable but may be used towards a future Treks Costa Rica (TCR) / KTreks Inc. (KT) program. 180 to 120 days prior to departure an administrative fee of $500 will be retained and a $500 credit may be put towards a future TCR program. Within 120 days of departure total cruise cost is not refundable. Any cancellations will be subject to the cancellation fees above plus any extra costs associated with the cost of airfare. If KTreks / Treks Costa Rica should cancel a tour due to insufficient sign-up all funds submitted by the participant to TRC / KT will be reimbursed to the participant. TRC / KT is not liable for any other costs outside of the amount of the tour costs submitted to TRC / KT associated with the planning of the participants trip including airfare, additional hotel stays, etc.
Travel Insurance: In today’s travel environment it is important to protect your travel investment. TRC / KT strongly recommends that all participants take out travel insurance to protect themselves and their investment from any unforeseen events. Those interested in purchasing your insurance through TRC / KT (US residence only), we recommend the insurance programs listed on our site—which are one of the most cost effective and offers substantial coverage. Please contact us and we can help facilitate the process. For a quote or easy sign-up follow the “Travel Insurance” link on our website. Participants are not obligated to purchase insurance through TRC / KT and may sign-up for their own policy.
Medical Declaration: All participants must be fit to travel and are not traveling contrary to medical advice. All pre-existing medical conditions, which may require treatment during the tour must be declared. All travelers must have ample medical insurance to cover any costs associated with pre-existing conditions or medical assistance that may be required during travel. All medical costs are the responsibility of the participants and cannot be laid out by TRC / KT or any of its associates.
Disclosure: Please note many of TRC / KT travel programs takes place in unique and sometimes exotic and adventurous destinations throughout the world. Due to the remote location and pristine environment that surrounds us in many of these destinations (which is what makes our programs so unique), certain amenities and comforts that may be available to guests in more populated or urban areas may not be available here. We ask guest to take this into consideration when choosing a TRC / KT travel program. Please speak to one of our travel experts to go over the program details to make sure that this program is truly the right one for you.
Final Instructions: TRC / KT travel kit including travel times, hotel telephone numbers, what to bring etc., will be available and sent via email or mailed to each participant approximately four weeks prior to departure.
GENERAL INFORMATION & LIMITATION OF LIABILITY & ASSUMPTION OF RISK
GUEST RESPONSIBILITY:
Trip members have the responsibility to select a trip appropriate for their abilities and interests. Trip members are held responsible for being in sufficient good health to undertake the trip. Trip members are responsible for preparing for the trip by studying the itinerary and pre- departure information packets sent by TRC / KT and for bringing the appropriate clothing and equipment as advised therein. TRC / KT reserves the right to accept, refuse, or decline service to any guest before or during a trip.
Changes to the Itinerary: TRC / KT reserves the right to alter the itinerary and make route, lodging and activity modifications before or during a trip. Itineraries are planned up to a year in advance and unforeseen conditions may necessitate changes.
IMPORTANT TRAVEL INFORMATION & LIMITATION OF LIABILITY: These paragraphs (together with the Terms and Conditions and Release of Liability below) define our responsibility with respect to all our trips. PLEASE READ THIS CAREFULLY. Clicking the “I agree to terms and conditions” section and or payment of your deposit represents your acceptance of the following terms and conditions:
TRC / KT gives notice that services provided in connection with its itineraries, including transportation, hotel accommodations, restaurants, and other services are purchased from various independent suppliers who are not affiliated with TRC / KT in any way. Although it endeavors to choose the best suppliers available, TRC / KT has no right to control their operations and therefore makes these travel arrangements upon the ex- press condition that TRC / KT and its own agents and employees, shall not be liable for any delay, mishap, inconvenience, expense, irregularity, bodily injury or death to person, or damage to property occasioned through the conduct or default of any company or individual engaged in providing these services. Each of these passenger’s conveyance companies, tour companies, hotels, restaurants, etc., is subject to the laws of the state or country where the service is provided.
TRC / KT shall not be liable for: (a) expenses such as additional hotel nights and meals not specified in the individual trip itineraries which may be required either en route/prior to/or following a trip, when caused by individual clients’ travel arrangements, by airline scheduling or airline schedule changes, canceled flights, missed flight connections, or by other factors not under TRC / KT control… (b) expenses incurred in recovering luggage lost by airlines, belongings left behind on a trip, or in shipping purchases or other goods home from abroad and (c) bodily injury or property damage, for any reason including but not limited to acts of G-d, weather, quarantines, regulations, terrorism, war or failure of conveyance to arrive or depart as scheduled, etc. over which it has no control.
TRC / KT reserves the right to take photographic or film records of any of our trips and may use any such records for promotional and/or commercial purposes.
TRC / KT reserves the right to decline to accept or to retain from further participation any person it judges to be incapable of meeting the rigors and requirements of participating in the activities, or any person who actions or deportment impede trip operation or the rights, welfare or enjoyment of other trip members. A refund based on cost of unused land services is the limit of TRC / KT responsibility in such a case.
Trip Members Responsibility: Trip members are held responsible for being in sufficient good health to undertake the trip. Trip members are responsible for preparing for the trip by studying the itinerary and pre-departure information packets sent by TRC / KT and for bringing the appropriate clothing and equipment as advised therein.
Limitation of Liability & Assumption of Risk
These Paragraphs (together with all statements described in the terms and conditions) define our responsibility with respect to all of our trips. PLEASE READ IT CAREFULLY. Payment of your deposit which includes checking the boxes of acceptance to the TRC / KT terms and conditions and limitation of liability and payment of deposit represents your acceptance of the following terms and conditions:
I, acknowledge that I have voluntarily applied to participate on the TRC / KT trip (or to a trip which I may subsequently transfer to). I am voluntarily participating on the tour or expedition with knowledge that travel to the foreign countries and/or remote areas visited by this trip involves numerous risk and dangers including, but not limited to: (1) the forces of nature; (2) civil unrest; (3) terrorism; (4) roads, trails, hotels, vehicles, boats or other means of conveyance which are not operated nor maintained to standards common in the United States; (5) high altitude; (6) accident or illness without access to means of rapid evacuation or availability of medical supplies; (7) the adequacy of medical attention once provided; (8) physical exertion for which I am not prepared; (9) consumption of alcoholic beverages; (10) negligence (but not the willful or fraudulent conduct) on the part of TRC / KT, or others; or (11) the wild animals I may be exposed to. I acknowledge that the enjoyment and excitement of adventure travel is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work and that these inherent risks contribute to such enjoyment and excitement, being a reason for my voluntary participation.
Changes & Cruise Deviations
sect. 1 Force Majeure, Strikes or Other Conditions Beyond Control Except as otherwise provided in this Agreement the Operator TRC / KT shall not be liable for delay or inability to perform this cruise or any part thereof caused by or arising out of strikes, lockout or labor difficulties or shortages whether or not the Operator be party thereto, or explosion, fire, collision, stranding or foundering of the vessel or breakdown or failure of or damage to the Vessel or her hull or machinery or fittings howsoever, whensoever, whatsoever and wheresoever any of the same may arise or be caused, or travel ban or warning, civil commotion, riot, insurrection, war, government restraint, requisitioning of the Vessel, political disturbance, acts or threats of terrorism, outbreak or threatened outbreak of serious disease / pandemics, inability to secure or failure of supplies including fuel, high or low water on the river, adverse weather or any other circumstance or event beyond the Operator’s control making a voyage impossible or impracticable. In all such events, however the provisions of Sect. 3 and 4 stated below as applicable shall prevail.
Sect. 2 – Deviation
(1) For the purposes of obligated assisting other Vessel or protecting life the Master of the Vessel has full authority to deviate from the ordinary route in any direction, to delay or to terminate the voyage, or to put back or to put into any port, and to transfer the passenger and the passenger’s baggage to any other Vessel or to any other means of transportation, whether belonging to the Operator or not, whether or not bound for port of destination, even though resulting in delay and the passenger shall have no claim against the Operator in such circumstances. Operator shall inform the client in writing or word of mouth, as soon as possible if such deviation occurs. This is as soon as the situation allows the KTreks Inc management to do so.
Sect 3. – Delay, Omission or Change of Itinerary at Any Time
(1) In any event of Force Majeure or other conditions beyond control according to the Operator may substitute another itinerary / hotel / port of similar or better standard and configuration for the named itinerary / hotel / port, change the scheduled port of embarkation, or omit or change any scheduled call at any intermediate itinerary / hotel / port or omit or change the scheduled itinerary / hotel / port of disembarkation whether before or after the tour /sailing of the tour / Vessel, without previous notice to the passenger and the passenger shall have no right to any refund and the Operator shall have no obligation or liability in respect thereof to the passenger except as follows:
(2) If for any reason other than an event outside its reasonable control or a Forced Majeure the scheduled duration of the tour /cruise is shortened, the Operator’s sole liability in respect thereof is to make alternative travel arrangements at its expense so that the overall duration of the trip is not shortened.
(3) If for any reason outside of Force Majeure the scheduled duration of the passenger tour / cruise is lengthened, the Operator shall have no liability in respect thereof to the passenger for the extended period and the passenger shall not be entitled to any payment or compensation therefore.
Sect. 4 – Termination of Travel / Tour /Cruise Agreement Before Sailing or Travel
(1) In the event of Force Majeure or other conditions beyond control according to Sect 1, the Operator can cancel that tour / sailing at any time before the tour /Vessel’s departure; in which case, the Operator’s only liability will be to refund to the Client that portion of the paid tour / Cruise Contract that has been returned from the tour / cruise company / owners. Price representing the payment the Operator received for the tour from the client and that has been returned by the tour operator /cruise company / owners. In place of refunds steps may also be taken to rebook the tour departure or payment to given as credit on a future cruise / tour program if possible. Returns, rebooking or credits will be reviewed on a case by case depending on the outcome and severity of the Force Majeure situation and are at the sole discretion of TCR / KT cannot guarantee the return of funds, rebooking or credit to the client in the event of Force Majeure, we highly recommend all clients take our personal travel insurance to protect themselves.
RECCOMMENDED TRAVEL INSURANCE
Any additional costs involved in clients planning (airfare, additional hotel nights, transportation etc….) that are not part of the Operators tour / cruise program are the sole responsibility of the client. If for some unforeseen reason as stated above (in the FORCE MAJEURE, STRIKES OR OTHER CONDITIONS BEYOND OPERATORS CONTROL) and tour / cruise deviates or is cancelled, for this reason we strongly recommend each client take out / purchase the necessary personal travel insurances to cover and protect the passengers investment.
I HEREBY AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE AND ACCEPT ANY AND ALL RISKS OF DELAY UNANTICIPATED EVENTS, ILLNESS, INJURY, EMOTIONAL TRAUMA OR DEATH.
RELEASE: I acknowledge that the cost of TCR / KT trips have been based upon trip participants executing this Release of Liability and Assumption of All Risks. Therefore, as lawful consideration for being permitted to participate on such trip(s), I hereby RELEASE AND DISCHARGE TREKS COSTA RICA / KTREKS INC. AND ITS AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM MY PARTICIPATION IN THE TOUR OR EXPEDITION. I agree this release shall be legally binding upon myself, all minors under the age of 18 traveling with me, my heirs, successors, assigns, and legal representatives; it being my intention to fully assume all the risk of travel and to release TCR / KT from any and all liabilities to the maximum extent permitted by law.
I understand that all applications are subject to acceptance by TCR / KT and upon acceptance shall be deemed to have been entered into and to be performed at Seattle, Washington. In the unlikely event a legal dispute should arise involving any subject matter whatsoever, I agree that the following conditions will apply: (a) the dispute shall be settled by binding arbitration through the American Arbitration Association at Seattle, Washington; (b) the dispute will be governed by Washington State law; and (c) the maximum amount of recovery to which I will be entitled under any and all circumstances will be the land cost of my trip with TCR / KT.
KNOWING AND VOLUNTARY EXECUTION: I have carefully read and fully understand the contents and legal ramifications of this agreement as well as the conditions as stated under the heading “Terms and Conditions”, especially noting those regarding cancellation and refund policies, limitation of liability and responsibility borne by trip participants. I understand this is a legally binding and electronically accept it of my own free will by checking the “I agree to the terms and conditions” section of the tour registration page and/or with payment of deposit and initial tour registration.