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Terms and Conditions

by eskapas
Terms and Conditions
All tours operated by Eskapas are subject to the following terms & conditions:

Your booking is confirmed and a contract exists when the Tour Operator or your travel agent issues a written confirmation after receipt of the applicable deposit amount. Please check your confirmation carefully and report any incorrect or incomplete information to the Tour Operator or authorized agent immediately. Please ensure that names are exactly as stated in the relevant passport.

You must be at least 18 years of age to make a booking. You agree to provide full, complete, and accurate information to the Tour Operator.

By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your Tour booking, notifying the Tour Operator or your travel agent if any changes or cancellations are required and keeping your party informed.

By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and the Tour Operator will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.

You must provide any medical information reasonably requested by the Tour Operator

The Tour Operator reserves the right to request further information or professional medical opinions where necessary, as determined in its discretion, for your safety or the safe operation of a Tour.

The Tour Operator reserves the right to deny you permission to travel or participate in any aspect of a Tour at any time and at your own risk and expense where the Tour Operator determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others.

Pregnancy is considered a medical condition and must be disclosed to the Tour Operator at the time of booking. The Tour Operator may refuse to carry women who are over 24 weeks pregnant. The Tour Operator may refuse to carry anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged.

You are responsible for assessing whether a Tour is suitable for you. You should consult your physician to confirm your fitness for travel and participation in any planned activities. You should seek your physician’s advice on vaccinations and medical precautions. The Tour Operator does not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the Tour based on your own unique circumstances, limitations, fitness level, and medical requirements.

Travel with the Tour Operator may involve visiting remote or developing regions, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country. The condition of medical facilities in the countries you may visit on your Tour varies and the Tour Operator makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions.

Any special requirements must be disclosed to the Tour Operator at the time of booking. The Tour Operator will use reasonable efforts to accommodate special requirements or requests but this is not always possible given the nature of the destinations visited and availability of options outside a planned itinerary. Certain activities may be inaccessible to you if your mobility is limited in any way. All food allergies and dietary restrictions must be disclosed to the Tour Operator at the time of booking but the Tour Operator cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these Terms or the contract between you and the Tour Operator and the Tour Operator is not liable for any failure to accommodate or fulfill such requests.

Anyone under the age of 18 on the date of first travel is considered to be a minor. Minors must always be accompanied by an adult. One adult may accompany up to two minors. Unless otherwise indicated in the Tour description or by the Tour Operator, the minimum age for minors travelling on any Tour is 6 years old.

All bookings with a minor are subject to review and approval by the Tour Operator. If the consent of a parent, guardian, or any other person is required by applicable law for any minor to travel, the accompanying adult is responsible for securing all consents, documentation, and ensuring that they and the minor(s) meet all legal requirements to travel, to enter into, and depart from applicable countries and regions. The Tour Operator will not be responsible for any fees, damages, or losses incurred as a result of any failure to secure necessary consents, permits, and approvals.

Each adult on a booking with a minor or minor(s) is jointly and severally responsible for the behavior, wellbeing, supervision and monitoring of such minor(s), and jointly and severally accepts these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. The Tour Operator does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s).

You must have travel insurance with a minimum medical, evacuation and repatriation coverage of €50,000 covering all applicable dates of travel with the Tour Operator. This insurance must cover personal injury and emergency medical expenses. On the first day of each Tour, a representative of the Tour Operator will verify that you have sufficient insurance in place. You are strongly recommended to extend your coverage to include cancellation, curtailment, and all other expenses that may arise as a result of loss, damage, injury, delay or inconvenience while traveling. You acknowledge that insurance coverage is not included in the cost of any Tour offered by the Tour Operator and you are required to obtain separate coverage at an additional cost. It is your responsibility to ensure that you have sufficient coverage and comply with the terms of the applicable insurance plans. You are responsible for advising your insurer of the type of travel, destination(s) and activities included in your booking so that the insurer may provide appropriate coverage.

Tours are priced and advertised inclusive of applicable taxes. The Tour Operator will not increase the price of your Tour after you have paid in full. Prior to this time, the Tour Operator reserves the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. The Tour Operator also reserves the right to increase the price of confirmed holidays solely to allow for increases which are a direct consequence of changes in:

(i) The price of the carriage of passengers resulting from the cost of fuel or other power sources;

(ii) The level of taxes or fees applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and

(iii) The exchange rates relevant to the package.

Such variations could include but are not limited to airline cost changes which are part of the Tour Operator’s contracts with airlines (and their agents), cruise ship operators and any other transport providers.

You will be charged for the amount of any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the price of your confirmed holiday (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if the Tour Operator is able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to the Tour Operator, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice.

Should the price of your holiday go down solely due to the changes mentioned above then any refund due will be paid to you less an administrative fee of EUR€50, based on the currency of your booking. However please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

There will be no change made to the price of your confirmed holiday within 20 days of your departure nor will refunds be paid during this period.

From time-to-time the Tour Operator may offer reduced pricing on certain products or services. Reduced pricing applies only to new bookings. Bookings where payment of at least a deposit has been received by the Tour Operator or its disclosed agent are not entitled to reduced pricing.

All dates, itineraries and prices of Tours are subject to change at any time and the current price will be quoted and confirmed at the time of booking, subject to any surcharges that may be levied in accordance these Terms.

You acknowledge that you are responsible for keeping up to date on the specific details of your Tour and any other products or services, including, but not limited to checking the Tour Operator’s website at least 72 hours prior to departure as minor changes may have been made after the time of booking.

At the time of booking, a non-refundable deposit of 25%, as applicable, per person per Tour is due to the Tour Operator. If the booking is made 30 days or less prior to departure, full payment is due at the time of booking. The non-refundable deposit should be sent to the Tour Operator or authorized agent, as applicable.

As a condition of booking, you must provide the information requested by the Tour Operator along with final payment. If you fail to provide all required information prior to the date on which full payment is due, an administrative fee will be charged for any costs incurred by the Tour Operator as a result of your failure to provide the required information. If you fail to supply information required by the Tour Operator for air tickets, permits, or other inclusions, you will also be liable for any costs, fees, or losses including failure to obtain or provide that inclusion. In the event that you fail to supply information required by the Tour Operator, the Tour Operator also reserves the right to treat your booking (or the relevant component of your booking) as cancelled and levy any cancellation fees deemed reasonable by the Tour Operator, in its sole discretion. The information required by the Tour Operator will vary by Tour and will be communicated to you or to the Tour Operator’s authorized agent during the booking process. The Tour Operator will not be held responsible for any fees you incur as a result of errors, omissions, inaccuracies, late, misplaced, or otherwise incomplete information you have provided.

Tour prices do not include international or other airfare unless expressly mentioned in the Tour’s descriptions. The Tour Operator will quote the best price available for the travel dates requested at the time the quote is prepared. Quotes provide an estimate only and are not a firm price commitment by the Tour Operator or the applicable air carrier(s).

The Tour Operator acts only as a sales agent for the applicable air carrier and the air carrier terms and conditions apply to the purchase and use of the air travel ticket. Please consult the air carrier’s applicable terms and conditions and conditions of carriage for complete information including applicable cancellation terms. The Tour Operator is not responsible for changes in air itineraries or flight times and does not provide advice or alerts regarding air travel tickets, flight status or delays.

The confirmation sent by the Tour Operator or your travel agent will contain details of final payment required for any booking. Payment of the balance of the price for any products or services booked is due 15 days before the departure date of the first product or service included in the applicable booking. If full payment is not received by the applicable due date, the Tour Operator may, at its sole discretion, change the rate payable for the booking, or treat the booking as cancelled and retain the deposit paid on booking as a cancellation fee. If a booking is made less than 15 days before the departure date of the first product included in the applicable booking, then the full amount must be paid at the time of booking. If, for any product or service booked, payment terms differ from those outlined in this section, the applicable terms will be communicated to you prior to booking and will also be detailed on the applicable invoice.

The Tour Operator is not responsible for any charges levied by third parties or financial institutions and payable by you as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by you to the Tour Operator.

You may cancel your booking by notifying the Tour Operator. Cancellation fees, if any, will be determined with reference to the date on which notice of cancellation is received by the Tour Operator and are expressed as a percentage of the total price paid for the cancelled Tour, product or service (excluding any insurance products).

Cancellation of a Tour:

(a) Cancellation received 61 days or more before departure of first product or service in relevant booking: The non-refundable deposit will be held by the Tour Operator in accordance with these

Terms, the remainder of the payments made to the Tour Operator in respect of the cancelled

product will be refunded.

 (b) Cancellation received 60-30 days before departure of first product or service in relevant booking: an amount equal to 35% of the remainder of the payments made to the Tour Operator in respect of the cancelled Tour will be refunded.

(c) Cancellation received  29-11 days before departure of first product or service in relevant booking: an amount equal to 50% of the remainder of the payments made to the Tour Operator in respect of the cancelled Tour will be refunded.

(d) Cancellation less than 10 days before departure of first product or service in relevant booking: no further refund will be payable.

Cancellation of Arrival Transfers, Pre and Post Night Accommodations and optional activities booked directly with the Tour Operator:

(a) Cancellation 11 days or more before departure: you will receive a full refund in respect of cancelled Arrival Transfers, Pre and Post Night Accommodations, and optional activities.

(b) Cancellation 10 days or less before departure: No refund will be payable in respect of any cancelled Arrival Transfers, Pre and Post Night Accommodations, and optional activities.

The cancellation charges above have been calculated as a genuine pre-estimate of the losses the Tour Operator would incur in the event you cancelled your holiday within the stipulated time period, taking into account the charges the Tour Operator will incur from its suppliers (some of which will be up to 100%) and the expected cost savings and income from alternative deployment of the travel services (if possible) calculated as an average charge over a period of time.

The Tour Operator will deduct the cancellation charge(s) from any amount you have already paid to the Tour Operator.

A departure date for a Tour offered by the Tour Operator will become a guaranteed departure when at least one booking secured by a valid deposit has been made on that departure.

The Tour Operator guarantees that all scheduled Tour departures booked and secured with a valid deposit will depart as indicated on the applicable confirmation, subject to reasonable itinerary changes as described in these Terms or good faith health and safety concerns. This guarantee is not applicable in the case of Force Majeure. Up to date Tour and itinerary information is available on the Tour Operator’s website or by contacting the Tour Operator. Brochures and other printed materials displaying Tour information and departure dates are subject to change and may not be relied upon for purposes of this guarantee.

If the Tour Operator makes an insignificant change to your holiday, it will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but will have no liability to you for failing to inform you or your travel agent. Examples of insignificant changes include alteration of your outward/return flights by less than 12 hours, change of accommodation to another of the same or higher standard (where specific accommodation was identified to you), changes of carriers. Please note that carriers such as airlines used in the brochure may be subject to change.

Occasionally the Tour Operator may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure:

(a) A change in accommodation area for the whole or a significant part of your time away.

(b) A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.

(c) A change of outward departure time or overall length of your arrangements of twelve or more hours.

(d) A significant change to your itinerary, missing out one or more destination entirely.

The Tour Operator will not cancel your travel arrangements less than 30 days before your departure date, except for reasons of Force Majeure or failure by you to pay the final balance.

If the Tour Operator has to make a significant change or cancel, it will tell you as soon as possible and if there is time to do so before departure, will offer you the choice of:

(i) (For significant changes) accepting the changed arrangements; or

(ii) Having a refund of all monies paid; or

(iii) Accepting an offer of alternative travel arrangements of comparable or higher standard if available (at no extra cost); or

(iv) If available, accepting an offer of alternative arrangements of a lower standard, with a refund of the price difference between the original arrangements and the alternative arrangements.

You must notify the Tour Operator of your choice within 7 days of the offer. If the Tour Operator does not hear from you within 7 days, it will contact you again to request notification of your choice. If you fail to respond again within 3 days the Tour Operator will assume that you have chosen to accept the change or alternative booking arrangements.

Once a Tour has departed, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment or comfort. Any changes are at the discretion of the Tour Operator. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel with the Tour Operator, whether or not such expenses arise from a change of itinerary, and the Tour Operator is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. The Tour Operator will not be liable for any indirect and or consequential losses associated with any changes to a booking or itinerary.

IMPORTANT NOTE: The Tour Operator will not pay you compensation in the following circumstances:

  • Where the Tour Operator makes an insignificant change;
  • Where the Tour Operator makes a significant change or cancels your arrangements more than 10 days before your departure
  • Where the Tour Operator makes a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;
  • Where the Tour Operator has to cancel your arrangements as a result of your failure to make full payment on time;
  • Where the change or cancellation by the Tour Operator arises out of alterations to the confirmed booking requested by you; or
  • Where the Tour Operator is forced to cancel or change your arrangements due to Force Majeure.

If the Tour Operator becomes unable to provide a significant proportion of the arrangement that you have booked with Tour Operator after you have departed, we will, if possible, make alternative arrangement for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.

You acknowledge that the nature of cruise traves, adventure travels, require flexibility and acknowledges that they will permit reasonable alterations to products, services, or itineraries by the Tour Operator. The route, schedules, accommodations, activities, amenities, and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of the Tour Operator (including but not limited to Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events, and entry or border difficulties). No reimbursements, discounts, or refunds will be issued for services that are missed or unused after departure due to no fault of the Tour Operator, including your removal from a Tour because of your negligence or breach of these Terms.

Changes made by the Tour Operator: The Tour Operator may modify your itinerary where reasonably required in its sole discretion. If the Tour Operator makes a change affecting at least one in three full days of the itinerary or which materially affects the character of a product or service in its entirety (a “Material Change”), the Tour Operator will provide notice to you as soon as reasonably possible, provided that there is sufficient time to do so before departure. If a Material Change is made more than 14 days before departure, you may choose to:

  1. i) accept the Material Change and proceed with the amended product or service;
  2. ii) book another product or service of equal or greater value, if available (you will be responsible for paying any difference in price); or

iii) book another product or service of lesser value, if available (with a refund payable to you for the difference in price); or

  1. iv) cancel the amended product or service and receive a full refund for the land-only portion of the applicable product or service (a refund is not available for other products or services booked which are not subject to a Material Change).

You must notify the Tour Operator of your choice within 7 days of receiving notice or you will be deemed to accept the amended itinerary.

Once a Tour has departed, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment, or comfort. Any changes are at the discretion of the Tour Operator. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel with the Tour Operator, whether or not such expenses arise from a change of itinerary, and the Tour Operator is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. The Tour Operator will not be liable for any indirect and or consequential losses associated with any changes to a booking or itinerary.

Changes made by you: You are responsible for ensuring that information provided to the Tour Operator is accurate and up-to-date. Any changes to your name on any booking are subject to the Tour Operator’s approval. Any changes to a booking depend on availability and are subject to the Tour Operator’s approval and these Terms. Any extra costs incurred for making the change will be charged to you along with an administrative fee. Cancellation of any Tour, product or service included in a booking will not be considered a change for purposes of this section and will be governed by the applicable cancellation terms. No changes are permitted to any booking within 10 days of departure of the first product or service on the applicable booking.

Changes made by the Tour Operator: The Tour Operator may modify your itinerary where reasonably required in its sole discretion. If the Tour Operator makes a change affecting at least one in three full days of the itinerary or which materially affects the character of a product or service in its entirety (a “Material Change”), the Tour Operator will provide notice to you as soon as reasonably possible, provided that there is sufficient time to do so before departure. If a Material Change is made more than 11 days before departure, you may choose to:

  1. i) accept the Material Change and proceed with the amended product or service;
  2. ii) book another product or service of equal or greater value, if available (you will be responsible for paying any difference in price); or

iii) book another product or service of lesser value, if available (with a refund payable to you for the difference in price); or

  1. iv) cancel the amended product or service and receive a full refund for the land-only portion of the applicable product or service (a refund is not available for other products or services booked which are not subject to a Material Change).

You must notify the Tour Operator of your choice within 7 days of receiving notice or you will be deemed to accept the amended itinerary.

Once a Tour has departed, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment or comfort. Any changes are at the discretion of the Tour Operator. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel with the Tour Operator, whether or not such expenses arise from a change of itinerary, and the Tour Operator is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. The Tour Operator will not be liable for any indirect and or consequential losses associated with any changes to a booking or itinerary.

Changes made by you:If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform the Tour Operator in writing as soon as possible. This should be done by the first named person on the booking. You are responsible for ensuring that information provided to the Tour Operator is accurate and up-to-date. Any changes to your name on any booking are subject to the Tour Operator’s approval. Any changes to a booking depend on availability and are subject to the Tour Operator’s approval and these Terms. Any extra costs incurred for making the change will be charged to you along with an administrative fee. and you should be aware that these costs could increase the closer to the departure date that changes are made. Cancellation of any Tour, product or service included in a booking will not be considered a change for purposes of this section and will be governed by the applicable cancellation terms. No changes are permitted to any booking within 10 days of departure of the first product or service on the applicable booking. Where the Tour Operator is unable to assist you and you do not wish to proceed with the original booking the Tour Operator will treat this as a cancellation by you. A cancellation fee may be payable.

If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:

  1. that person is introduced by you and satisfies all the conditions applicable to the holiday;
  2. the Tour Operator is notified not less than 10 days before departure;
  3. you pay any outstanding balance payment, an amendment fee of EUR€50 (depending on the currency of your booking) per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and
  4. the transferee agrees to these booking conditions and all other terms of the contract between us.

You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 13 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

Important note: Certain arrangements may require a longer notice period or may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements

You acknowledge that travel and the products and services offered by the Tour Operator may involve a significant amount of risk to your health and safety. By traveling with the Tour Operator you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risk and releases the Tour Operator from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in Tour itineraries or otherwise offered by the Tour Operator.

You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with developing infrastructure. Standards of hygiene, accommodation, and transport in certain countries where Tours take place are often lower than the standards you may reasonably expect in your home country or region. You agree that the Tour Operator is not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges, or laws in effect in any locations where a Tour, product or service is operated. You acknowledge you have considered the potential risks, dangers, and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.

You must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should you fail to comply with the above or commit any illegal act when on Tour or, if in the opinion of the Tour Operator (acting reasonably), your behavior is causing or is likely to cause danger, distress or material annoyance to others, the Tour Operator may terminate your travel arrangements on any product or service immediately at your expense and without any liability on the Tour Operator’s part. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals.

You are responsible for any costs (including repair, replacement, and cleaning fees) incurred by the Tour Operator or the Tour Operator’s suppliers for property damage, destruction, or theft caused by you while on a Tour. You agree to immediately report any pre-existing damage to a representative of the Tour Operator and staff of the accommodation, transportation service, or facility as soon as possible upon discovery.

You agree to take all prudent measures in relation to your own safety while on Tour including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices, and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither the Tour Operator nor its Third Party Suppliers (as defined herein) are liable for loss or damages caused by your failure to comply with safety instructions or warnings.

You agree to bring any complaints to the Tour Operator as soon as possible in order to provide the Tour Operator with the opportunity to properly address such complaint. You agree to inform your tour leader, another representative of the Tour Operator or the Tour Operator’s customer service department directly. The Tour Operator assumes no liability for complaints that are not properly brought to the attention of the Tour Operator and cannot resolve or attempt to resolve complaints until proper notice is provided. Any complaint made after the completion of a Tour must be received in writing by the Tour Operator within 30 days of the last day of travel of the booking in question.

  1. Tour Operator will accept responsibility for the arrangements the Tour Operator agrees to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, the Tour Operator is responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these Booking Conditions, if the Tour Operator or its suppliers negligently perform or arrange those services and the Tour Operator doesn’t remedy or resolve your complaint within a reasonable period of time, the Tour Operator will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which the Tour Operator or Tour Operator’s employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that the Tour Operator or its supplier(s) have been negligent if you wish to make a claim against the Tour Operator.
  2. The Tour Operator will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
  • a) the acts and/or omissions of the person affected; or
  • b) the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unavoidable and extraordinary; or
  • c) Force Majeure
  1. The Tour Operator limits the amount of compensation it may have to pay you if it is found liable under this clause as follows:
  • loss of and/or damage to any luggage or personal possessions and money: the maximum amount the Tour Operator will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
  • Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount the Tour Operator will have to pay you in respect of these claims is up to three times 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 or your party has not received any benefit at all from your booking.
  • Claims in respect of international travel by air, sea and rail, or any stay in a hotel:
  1. i) The extent of the Tour Operator’s liability will in all cases be limited as if it’s a carrier under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from the Tour Operator. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, the Tour Operator relies on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with the Tour Operator, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
  2. ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability the Tour Operator may have to you under the Tour Operator’s contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) the Tour Operator were a carrier.
  3. iii) When making any payment, the Tour Operator is entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
  4. It is a condition of the Tour Operator’s acceptance of liability under this clause that you notify any claim to the Tour Operator and our supplier(s) strictly in accordance with the complaints procedure set out in these Terms.
  5. Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to the Tour Operator or its insurers any rights they may have to pursue any third party and must provide the Tour Operator and its insurers with all assistance they may reasonably require.
  6. Please note, the Tour Operator cannot accept any liability for any damage, loss or expense or other sum(s) of any description:
  • (a) which on the basis of the information given to the Tour Operator by you concerning your booking prior to the Tour Operator accepting it, the Tour Operator could not have foreseen you would suffer or incur if the Tour Operator breached its contract with you; or
  • (b) relate to any business.
  1. The Tour Operator will not accept responsibility for services or facilities which do not form part of its agreement or where they are not advertised in our brochure or on our website. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
  2. Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, the Tour Operator shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided the Tour Operator has been notified of these particular needs in advance. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.

“Optional Extras” refers to any activity, transportation, meal, product, or service not expressly included in the Tour itinerary or price of the Tour and do not form part of the Tour. You agree that any assistance given by the Tour Operator’s representative(s) in arranging, selecting, or booking, any Optional Extras is purely at your request and the Tour Operator makes no warranties and expressly disclaims any liability whatsoever arising from participation in Optional Extras or any information provided by any representative of the Tour Operator regarding any Optional Extras. You release the Tour Operator from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to or arising from participation in or booking of Optional Extras.

You acknowledge and agree that any liability for loss, damages, death, personal injury, illness, emotional distress, mental suffering, or psychological injury or loss of or damage to property associated with Optional Extras is the sole responsibility of the third party providing that service or activity.

If, whilst you are on holiday, you find yourself in difficulty for any reason, the Tour Operator will offer you such prompt assistance as is appropriate in the circumstances. In particular, the Tour Operator will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by the Tour Operator, our employees or sub-contractors, the Tour Operator will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, the Tour Operator will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain the Tour Operator’s prior authorisation before making your own travel arrangements. Furthermore, the Tour Operator reserves the right to charge you a fee for its assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.

Except where otherwise expressly stated in these Terms, the Tour Operator will not be liable or pay you compensation if its contractual obligations to you are affected by “unavoidable and extraordinary circumstances” meaning any event beyond the Tour Operator’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, labor difficulties, interference by authorities, political disturbance, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside the Tour Operator’s or the supplier(s) concerned’s control.

You agree that, while participating in any Tour, images, photos or videos may be taken by other participants, the Tour Operator or its representatives that may contain or feature you. You consent to any such pictures being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to the Tour Operator, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.

The Tour Operator must collect your personal information to deliver the Tour and any products or services booked. The Tour Operator collects, uses and discloses only that information reasonably required to enable the Tour Operator and its Third Party Suppliers to provide the particular Tour, products and/or services that you have requested as described in the Tour Operator’s Privacy Policy, which can be accessed any time at http://www.eskapas.com and is expressly incorporated into these Terms. By submitting any personal information to the Tour Operator, you indicate your acceptance of the Tour Operator’s Privacy Policy.

SEVERABILITY

If any provision of these Terms is so broad as to be unenforceable, such provision will be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof will in no way affect the validity or enforceability of any other provision.

CONTRACT PARTIES & SUCCESSORS

These Terms will inure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors and assigns.

APPLICABLE LAW

The Contract and these Terms are subject to the laws of the Turkey and you agree to the exclusive jurisdiction of the courts located in Istanbul, Turkey for the resolution of any dispute under these Terms or concerning a Product.

Eskapas, is a member of Tursab, with member number A2606, and is obliged to maintain a high standard of service to you by Tursab’’s Code of Conduct. For further information on the Code and Tursab’s assistance in resolving disputes can be found on www.tursab.org.tr

AMENDMENTS

The Tour Operator reserves the right to update or alter these Terms at any time, and will post the amended Terms on the Tour Operator’s website at www.eskapas.com. Any amendment will take effect 10 days after being posted to the Tour Operator’s website. An up to date copy of these Terms, as amended, may be accessed at any time on the Tour Operator’s website and will be sent to you upon written request to the Tour Operator. You are deemed to have accepted any amendments to these Terms on the date that is 10 days after their posting on the Tour Operator’s website. The Tour Operator recommends that you refer to the Terms prior to travel to familiarize themselves with the most up-to-date version available.

Terms and Conditions

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