Your tour contract
The contract is between the Company and you (’Salamander Treks’ and ‘you’ in these conditions). All tours detailled in the Salamander Adventures website are operated by Salamander Treks Limited (registered in England & Wales under company No. 6060750). All tours operated by Salamander Treks are sold subject to the following conditions. Except where expressly stated, these conditions only apply to tour arrangements booked by you with us and which we agree to make, provide or perform (as applicable) as part of their contract with the client. All references in these conditions to ‘tour’, ‘booking’, ‘contract’ or ‘arrangements’ mean such tour arrangements unless otherwise stated. Please note, the information appearing in the sections headed ‘About Us’, ‘How to Book’, ‘Accommodation’, ‘FAQ’, ‘Dossier’, ‘Tour Prices’ and ‘Departure Dates’ and any other relevant information on our website also form part of your contract with the Company.
Travel and cancellation insurance
Adequate and valid travel insurance is compulsory when you travel with us and it is a condition of accepting your booking that you agree you will have obtained adequate and valid travel insurance for your booking by the date of departure. We recommend that you take out insurance as soon as your booking is confirmed.
You and your belongings are at all times solely at your own risk. You are wholly responsible for arranging your own insurance. You must ensure that you have personal travel insurance with protection for the full duration of the tour in respect of at least medical expenses, injury, death, repatriation, cancellation and curtailment, with adequate and appropriate cover including medical emergency helicopter repatriation. You should ensure that there are no exclusion clauses limiting or excluding protection for the type of activities included in your tour. You must ensure that all travel insurance purchased meets your particular requirements and you should arrange supplementary insurance if need be. We strongly recommend you to take out insurance against irrecoverable cancellation costs. You are required to carry proof of insurance with you and obliged to produce it if requested by Company employees or suppliers.
Your Financial Protection
Your money is protected when you book with us. Any monies paid by you to us are held in trust by the Travel Trust Association (TTA). Only when your tour has finished are we able to obtain your money from the TTA trust account.
The price of your holiday includes the amount of £2.73 per person as part of the TTA Safe Seat Plan that we pay to the TTA. This charge is included in our advertised prices. You are issued with a TTA Safe Seat Plan Certificate when your booking is confirmed by us and this confirms that you money is protected if we fail.
We are a member of the TTA, membership number U8457. We are obliged to maintain a high standard of service to you by the TTA’s code of conduct.
To secure your booking
To make a booking you must complete the on-line booking form and pay a deposit of £100 per person or 10% of the tour, whichever is the greater. The deposit is not refundable. The person making the booking (the ‘lead name’) must be 18 years old or over and possess the legal capacity and authority to make the booking and has read and accepts the booking conditions on behalf of everyone in their party. Before your booking is confirmed and a contract comes into force, we reserve the right to increase or decrease tour prices. Once the payment has been received we will send you an e-mail confirmation. We will then invoice you for the remainder of the cost, which you must pay not later than 56 days before departure. If you book less than 56 days before departure, full payment must be made at the time of booking. The booking is not accepted and no contract exists until the date shown on the confirmation issued by the Company. If you do not pay the balance of your tour cost within 56 days of departure your booking will be terminated and you will lose your deposit. It is your responsibility to make your final payment, we do not send reminders.
How to pay
Payments are to be made in British Pounds (GBP). You can pay by bank transfer, credit or debit card (charges may apply) or with a Sterling cheque. Cheques should be made out to Salamander Treks Ltd.
If you wish to pay by bank transfer, please let us know and we will send you the account details by e-mail.
If you wish to pay by credit or debit card we can accept GBP, USD, CAD, NZD, AUD, EUR only.
Any credit card charges apply to the whole amount and will be added at the payment stage.
Please indicate how you wish to pay on the booking form.
Please note that any money paid to us by you is safe when you book with us. All monies are deposited and held in trust by the Trustees of the Travel Trust Association (TTA). Only when your tour has finished do we receive your money.
Please use your surname as a reference for any bank transfer.
Please note that your booking is not confirmed until we have received payment in cleared funds. Any bank charges incurred when sending money to us are to be paid by you.
If you cancel your booking
Notification of cancellation must be made to the Company in writing by e-mail.
If you cancel your booking more than 56 days before departure we will not refund your deposit. If you cancel your booking after you have paid in full the following cancellation charges will be made: • Between 43 and 56 days before departure: 40% of the tour cost. • Between 29 and 42 days before departure: 60% of the tour cost. • 28 days or less before departure (or fail to join the tour): 100% of the tour cost. These dates refer to our receiving written notification of your cancellation.
If you change your booking
If after the confirmation of your booking has been issued you wish to make a change to your existing booking we will make an amendment charge of £25 per booking for each change. Any changes are subject to availability. Any alteration by you within 56 days of departure will be treated as a cancellation and subject to cancellation charges. Any request for a change must be made in writing by e-mail.
If the Company cancels or changes your tour
While the Company will do its best to operate all tours as advertised, we reserve the right to change and correct errors in any of the facilities, services or itineraries described on our website at any time before or after your booking is confirmed. Most changes are minor.
We reserve the right to cancel a tour in any circumstances but will not cancel a tour less than six weeks before the start of a tour except for force majeure (see section 14) or your failure to make all payment when due.
Please note, our tours require a minimum number of participants to enable us to operate them. If any tour does not have the minimum number of participants required to make it commercially viable, we are entitled to cancel it. We will notify you of cancellation for this reason not less than 6 weeks before the start of your tour.
We will let you know as soon as we can if, through no fault of your own, we are forced to significantly alter or cancel your tour. In these circumstances you can choose one of the following options: a) Accept our offer of a replacement tour (if available); or b) Ask us for a refund of the money you have paid. The maximum we will refund you is the money you have paid to us.
Your decision about which alternative you accept must be made as soon as possible after we notify you (and no later than 14 days after).
We strongly advise you not to incur any non-refundable incidental expenses until minimum numbers are reached and the tour has been guaranteed by us. We will notify you as soon as the tour has reached minimum numbers.
Information and descriptions
A general indication is provided on our website of the itinerary for each tour, the type of accommodation used, what is included in the price, passport and visa requirements. Changes in all of these items may be made at any time and we will notify you of any changes that we become aware of as soon as we are reasonably able to do so.
Any information or advice provided by the Company on matters such as permits, visas, climate, clothing, baggage, special equipment, etc. is given in good faith but without responsibility on the part of the Company, and the passenger accepts responsibility for obtaining any necessary visas and travel documents required for the tour.
Food and meals
We are able to cater for clients with meat and vegetarian diets. We are not able to cater for other dietary requests that may include, but is not limited to, vegan and gluten-free. We would encourage clients who have specific diets to bring their own food supplements, though we will not be able to ask the hotels to cook separately for you.
Participating in an ‘adventure’ tour
Your booking is accepted on the understanding that you realise the hazards involved in this kind of tour, including injury, disease, loss or damage to property, inconvenience and discomfort. The whole philosophy of this type of travel is one which allows alternatives and a substantial degree of on-tour flexibility. The Dossier given for each tour must therefore be taken as an indication of what each group should accomplish, and not as a contractual obligation on the part of The Company. Changes in itinerary may be caused by local political conditions, flight cancellations, mechanical breakdown, weather, border restrictions, sickness, or other unforeseeable circumstances. Pro rata refunds will be given for services not utilised.
It is a fundamental condition of joining any Salamander Adventures tour that you accept this flexibility, and acknowledge that delays and alterations and their results, such as inconvenience, discomfort, or disappointment, are possible: we will always endeavor to provide suitable alternative arrangements. If it is impossible to make alternative arrangements or if a passenger is unable, or does not choose for good reason, to complete an itinerary outlined for a tour, the Company is not liable to supply alternative itineraries, excursions, accommodations, services or staff for the period when the client is not present with the group, but in these circumstances we will arrange transport back to your point of departure if you wish.
Tour participation and client responsibility
On an adventurous tour it is necessary that you abide by the authority of the leader, who represents The Company. Completing our booking form signifies your agreement to this, and if you commit any illegal act when on the tour or if, in the reasonable opinion of the leader, your behaviour is causing or likely to cause danger, distress or annoyance to others we may terminate your travel arrangements without any liability on our part. If you are affected by any condition, medical or otherwise, that might affect your or other peoples’ enjoyment of the tour, you must advise us of this at the time of booking. If in the opinion of any such person(s) or any other person in a position of authority (such as, for example, a hotel manager), the health, level of fitness or conduct of a client at any time before or during a tour is endangering or appears likely to endanger the health or wellbeing of the client or any third party (including any other clients of the Company) or the safe, comfortable or happy progress of the tour, the client may be excluded from all or part of the tour without refund or recompense. Where a client is excluded, the Company will have no further responsibility towards them (including any return travel arrangements) and we will not meet any expenses or costs incurred as a result of the exclusion. In the case of ill health, the Company may make such arrangements as it sees fit and recover the costs thereof from the client. If a client commits an illegal act (including, for example, causing any damage) the client may be excluded from the tour and the Company shall cease to have responsibility to/for them as above. No refund will be given for any unused services. When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises. If you have any medical condition or disability which may affect your active participation in your tour or the tour arrangements of any other person or have any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the proposed tour and/or making the booking. In any event, you must give us full details at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your active participation in your tour, or the tour arrangements of any other person, that develops after your booking has been confirmed.
Joining and leaving the tours
All of our group tours have start places and times. If you fail to meet your group at the specified place and time, for whatever reason, you must inform the Salamander Adventures office immediately. We will assist you as much as possible in joining your group but the responsibility and any extra cost involved will be solely yours.
If you choose not to take the group transfer from the start point to the first night’s accommodation you must inform Salamander Adventures in advance. We will supply you with directions to the accommodation and approximate timings of when the rest of the group will arrive.
Each group tour ends at the end point on the last day of the tour. You should arrange your onward travel based on this location and timing.
The start and end point for self-guided clients is at the first night’s hotel and then the last night’s hotel. It is the client’s responsibility to travel to the hotel. If you are delayed you should advise the hotel of your expected arrival time.
If you have a complaint
If you have any complaint about the tour, you must make it known at the earliest opportunity to the leader and/or our local representative, who will normally be able to take appropriate action and we will do our best to resolve the problem. It is only if we and our representatives know about problems that there will be the opportunity to put things right. If you don’t complain on the spot this may affect your ability to claim compensation. If at the end of the tour, you feel your complaint has not been properly dealt with, we shall try and agree a settlement with you, but you must first notify us of your complaint in writing within 28 days of your scheduled date of return.
Our responsibility for your tour
Your booking is accepted on the understanding that you appreciate and accept the possible risks inherent in adventure travel and that you undertake the tours, treks or expeditions featured in our programme at your own volition.
(1) We promise to make sure that the tour arrangements we have agreed to make, perform or provide, as applicable, as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these conditions and the other information which forms part of your contract with us, we will accept responsibility if, for example, your contracted tour arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted tour arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
(2) We will not be responsible for any injury, illness, death, loss (including loss possessions and loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: – the act(s) and/or omission(s) you or any member(s) of your party or the act(s) and/or omission(s) of a third party not connected with the provision of your tour and which were unforeseeable or unavoidable or ‘force majeure’ as defined in clause 14.
(3) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which any supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract. Any optional excursions or activities booked during your holiday do not form part of our contract as these are all arranged for you directly by the suppliers concerned – please see clause 15: Optional Excursions and activities below. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. Please bear in mind that standards of, for example, safety, hygiene, and quality may vary throughout the destinations, services and transport your tour involves and may be lower than or different to those applicable in the UK. If the particular services which gave rise to the claim or complaint complied with the local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holidaymaker to refuse to take the tour in question.
(5) As set out in these conditions, we limit the maximum amount we may have to pay you for any claims you may make against us. Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £500 per person affected. You must ensure you have appropriate travel insurance to protect your personal belongings. For all other claims which do not involve death or personal injury, if we are found liable to you on any basis, the maximum amount we will have to pay you is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your tour.
(6) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any rail or road carrier, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay under the international convention or regulation which applies to the travel arrangements in question were that claim made against it (for example, COTIF, the Convention on International Travel by Rail). Please note: where a carrier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier or hotelier for the complaint or claim in question.
(7) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any expenses or losses incurred by or relating to any business including self-employed loss of earnings.
(8) You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 12: If You have a Complaint. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.
Except where otherwise expressly stated in these conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any injury, damage, loss or expense of any nature as a result of “force majeure”. In these conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, disease, fire and all similar events outside our control.
Optional excursions and activities
We and our Leaders and representatives may provide you with information (before departure and/or when you are on tour) about optional activities and excursions which do not form part of your pre-booked tour arrangements and which are available in the area you are visiting. We have no involvement in any such activities or excursions which are not run, supervised or controlled in any way by us. They are provided by local operators or other providers who are entirely independent of us and they may or may not have their own public liability insurance. They may require a waiver form to be signed. Optional excursions and activities do not form any part of your contract with us even where we suggest particular operators / providers and / or assist you in booking such activities or excursions in any way. Where Salamander Treks Leader collects payment for or otherwise assists in booking any such activity or excursion for you, we and the Salamander Treks Leader act solely as booking agent for the local operator / provider of the activity or excursion with whom you will have a contract. The local operator / provider’s terms and conditions will apply. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 13(1) of our booking conditions will not apply to them. We do not, however, exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.
We do not guarantee that any optional activity or excursion mentioned in our website or elsewhere will be available to book during your tour and / or will operate as advertised as these services do not form part of our contract and are not under our control. They may not be available for various reasons. Any prices given in advance are indicative only. We will not be liable if you cannot, for whatever reason, book any such activity or excursion or if the activity or excursion does not operate as advertised.
Image, testimonial and privacy rights
Any likeness, image or video of you secured or taken on any of our tours may be used by the company without charge in all media (whether now existing or in the future invented) for bona fide promotional or marketing purposes, including without limitation promotional materials of any kind, such as brochures, fliers, slideshows, video shows and the internet. Any written feedback supplied to the company may also be used for promotional purposes as detailled above.
By completing the booking form you agree that, if necessary, the Company may pass your contact details and numbers to any third party connected with the operation of the specific tour on which you have booked. This information will not be used for any other purpose, nor will be passed to any other parties.
Law and jurisdiction
We both agree that English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us. We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) will be dealt with by the Courts if England, Wales, Scotland and Northern Island only. The booking conditions may only be waived or amended by written mutual consent. No employee of the Company other than the Director has authority to vary or omit any of these terms. No promise of a discount or refund will be binding on us unless confirmed by us in writing. When you complete the booking form you agree to accept all these conditions, and when we accept your booking we agree to carry out our obligations to you as defined in the information provided to you.
Website/advertising material accuracy
The information contained on our website and in our other advertising material is believed correct to the best of our knowledge at the time of publication or printing. However errors may occasionally occur and information may subsequently change. You must therefore ensure you check all the details of your chosen tour (including the price) with us at the time of booking.
Please print and retain a copy of our Booking Conditions for your records.
ISSUE DATE: 17 February 2016.
Salamander Treks Ltd.
Registered Company No.6060750.