Please read carefully these terms and conditions of contract. In completing and submitting the Booking Form, you agree to be bound by these conditions which constitute the agreement between UTracks, trading as a division of World Expeditions Monde Ltd (World Expeditions) and you. No variation of these conditions will be effective unless in writing and signed by a person so authorised by UTracks.
In these terms and conditions reference to “UTracks representatives” means tour leaders and staff of UTracks and its officers, employees, agents, licensees, guides and other third parties and representatives and the land management authorities in each country in which the tour is conducted, or any of them.
By completing and submitting the Registration Form you affirm that you:
are over the age of 18 and legally competent to give the waiver, release and indemnity contained in it;
understand that this document is contractual in nature, has legal effect and is not merely a warning nor provided for information purposes;
understand that UTracks have relied upon your execution of the document in allowing your and/or your child’s participation in the tour.
Where this document is signed for a participant under 18 years of age, then the parent/guardian signing this document covenants in terms of conditions 17 and 18, in respect of any claim, liability or cause of action that arises out of or is incidental to the child’s participation in the tour.
1. How to Book
To reserve your place on a tour/s, you must complete the Booking Form online and pay a non-refundable deposit of $400 per person per tour to your nearest UTracks office, or to your travel agent. Some tours require an additional non-refundable deposit. In these instances, refer to the individual trip notes for details.
The prices quoted on our website (www.utracks.com) represent the most current prices, are per person and are subject to minimum numbers. Where minimum numbers are not met by the balance payment due date, a small group surcharge will be offered to ensure the tours operation. Refer to the trip notes for all tour inclusions and exclusions. Once you have paid a deposit for your tour any subsequent discounts or price reductions that are advertised may not be retrospectively applied. UTracks try its utmost not to increase tour prices, however, sometimes increases are outside its control. UTracks reserves the right to amend tour prices at any time. Amendments may be necessitated for many reasons including, but not limited to, increases in ground operator services exchange rate fluctuations, increased fuel costs, airfares, airport charges, or the need to engage alternative air or ground operators. Any increase in tour prices must be paid prior to the departure date. Should the increase of your tour price be greater than 7% of your original tour price, you have the right to cancel your trip and obtain a refund of the monies you paid WE for your tour. Your will not be entitled to claim any additional amounts or seek any compensation for any loss, expenses or damage (either direct or consequential) which may resilt from such cancellation, including but not limited to visa, passport and vaccination charges, gear purchase, ailine tickets, airport and airline taxes.
The balance of the tour price is payable to UTracks 70 days prior to departure, or more than 70 days on some tours (as advised at the time of booking). Prices are quoted in Canadian dollars to Canadian residents and in US dollars to United States residents (unless otherwise specified) and all payments must be made in the respective currency. If payment of the balance of the tour price is not received by UTracks by the due date you will be taken as having cancelled the tour and cancellation charges in accordance with condition 4 will apply.
If you wish to cancel your tour, you must notify UTracks in writing where after the cancellation will take effect subject to the following: • If cancellation takes place more than 70 days prior to your departure date your full deposit will be forfeited.
• If cancellation takes place between 70 & 35 days prior to your departure date 50% of the tour price including any extra arrangements will be forfeited.
• If cancellation takes place less than 35 days prior to your departure date 100% of the tour price including any extra arrangements will be forfeited.
Variations to the conditions outlined in clauses 3, 4 and 5 may apply. Please refer to individual trip notes for details. The tour price is quoted as a package. No partial refunds or credit will be given for services not used. Any amount forfeited, which has not then been paid to UTracks by you, may be recovered from you by UTracks as a debt due and payable
AMENDMENTS: To make amendments to your tour arrangements, you must notify UTracks in writing. Each amendment to your tour arrangements will incur a $100 administration fee and you will be liable for any increase in airfares or operational expenses occasioned by the amendment. A change of date is considered a transfer and not an amendment.
TRANSFERS: If you wish to transfer from one tour to another, you must notify UTracks in writing after which the transfer will take effect subject to the following. Transfers may only be made to another tour to commence within 12 months of your original departure date and the following transfer charges will apply:
SELF GUIDED TOURS:- If your notice is received more than 70 days prior to your original departure date, a $400 per person per tour transfer fee will apply. In addition, any increase in airfares or operational services or extra deposit penalties will apply:
GUIDED TOURS:- If your notice is received more than 70 days prior to your original departure date, a $100 transfer fee will apply. In addition, any increase in airfares or operational services or extra permit/deposit penalties will apply: or
• If your notice is received within 70-35 days prior to your original departure date, 50% of your original tour price will be forfeited, or if less than 35 days prior, 100% of your tour price will be forfeited.
Note: Any transfer from one tour to another is subject to availability and the agreement in writing of UTracks, however, the transfer of a tour from one person to another is not permitted. Transfers may be subject to additional fees, particularly for boat based tours.
6. Health & Fitness Requirements
You must be in good health and physical condition and are strongly advised to follow our pre departure fitness training recommendations. You will be required to submit a medical questionnaire as proof that you are fit enough to participate in the tour 70 days prior to departure if you are joining a tour level 4 or 5 or have a pre existing medical condition or are 70 years of age or above. Regardless of tour level, if you have a pre existing medical condition which is not well controlled and has required medical treatment in the past 24 months, you must also have your doctor complete your medical form to certify you as fit to participate. If you suffer from severe muscular, chest, heart, sight, hearing or bronchial disorders, or if you are a severe asthmatic, or have high blood pressure, you are strongly advised against participating. Tours can take place in remote areas where there is reduced access to normal medical services or hospital facilities for serious problems. Evacuation, where necessary, can be prolonged, difficult and expensive. Medical and evacuation expenses will be your responsibility, but insurance may cover you depending on the circumstances. While we do not discriminate by age, please carefully consider your ability to participate on level 4 or 5 tours if you are over 70 years of age. UTracks reserves the right in its absolute discretion to refuse a participant the right to participate on a tour.
7. Medical Disclosure
You declare and warrant that:
• you are in good health and mental and physical fitness at the time of booking this tour;
• you have disclosed to UTracks every matter concerning your health and mental and physical fitness of which you are aware, or ought reasonably be expected to know, that is relevant to UTracks decision to permit you to go on the tour;
• immediately upon any adverse change in your health or fitness that may be likely to affect UTracks’s decision to permit you to go on the tour, you will notify UTracks in writing of any such adverse change;
• you acknowledge that the obligation to disclose under this condition continues from the time of booking the tour through to departure and for the duration of the tour;
• UTracks are permitted to disclose medical information to our consultant doctor for an opinion;
• UTracks consultant doctor may exclude you from a tour if he/she deems it necessary;
• you have taken the necessary precautions to immunise/vaccinate for the destination you are travelling to;
• you have taken out a travel insurance policy that adequately covers you for medical eventualities including cover specifically for any pre-existing medical conditions.
8. Tour Operators and Tour Leaders
UTracks does not operate all the tours. Many are operated by a collection of regional operators. Guided tours are not always exclusive UTracks departures. Guided tours will attract individuals from across the globe, and other group participants may not speak English. Guides will do their utmost to accommodate multi lingual groups and may conduct briefings in English and one or two other European languages. UTracks tour leaders take their responsibilities seriously and if for any reason a tour leader believes, in his or her absolute discretion, that you should not participate in the tour, before your departure, he or she may exclude you from the tour. In this event, you will be offered the option of taking another tour considered suitable for you or a full refund. If for any reason during a tour the tour leader considers, in his or her sole discretion, that your behaviour or your fitness or mental or physical health is likely to cause danger, distress or annoyance to others, he or she may direct you not to continue and you must follow the tour leader’s instructions. In this case you will not be entitled to any refund.
UTracks reserves the right to change, at any time, the tour leader of any tour. If that happens, UTracks will try to ensure that the alternative tour leader has expertise commensurate with that of the original tour leader. Any such change by UTracks will not give rise to any right on your part to cancel the tour or claim any expenses, loss or damage which may be suffered.
If during the course of your tour you have a problem, please bring this to the immediate attention of the tour leader or relevant supplier (eg. Transport provider, hotelier). If your complaint is not resolved to your satisfaction, please contact your UTracks consultant by email or phone and they will endeavour to assist you. If your complaint cannot be resolved locally, please follow this up in writing within 30 days of your return home by writing to our Operations Department at your local UTracks office using recommendations set out in our ‘Complaint Handling and Dispute Resolution Policy’ as detailed on www.utracks.com/complaints
10. Cancellation due to tour booking numbers
UTracks reserves the right to nominate a small group surcharge where a tour has not reached minimum numbers or to cancel the tour. In case of a tour cancellation you will be given a full refund of the tour price. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damage or for any loss of time or inconvenience which may result from such cancellation (including but not limited to visa, passport and vaccination charges, gear purchases or non refundable flights and taxes.
11. Route changes, Postponement, Cancellation or Delay
UTracks reserves the right to either before or during a tour:
• cancel or modify any routes within the tour or objectives set out in the itinerary; or
• substitute different or equivalent routes within the tour in place of cancelled or modified routes, or • postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the tour) any such aspect of the tour if, in the absolute discretion of UTracks, it is necessary to do so due to inclement weather, snow or icy conditions or circumstances that are known to us and are otherwise likely to be hazardous or dangerous or due to any other adverse or threatening conditions whether political or military or terrorist or otherwise or if, in the absolute discretion of UTracks, there is a likelihood of any such event occurring which may impact upon the safety of the participants, or if an act or omission of a third party prevents the tour or the aspect of the tour being undertaken in accordance with your booking or for any other reason considered necessary by UTracks. In the event of any change, modification, cancellation, postponement or delay under this condition, you acknowledge that you will have no right of refund of the tour price (whether in whole or in part) and no right to claim compensation for any injury, loss or damage or other additional expenses incurred by virtue of the change, modification, cancellation postponement or delay.
12. Itineraries and brochures
Itineraries and other details are published in good faith as statements of intention only and reasonable changes in the itinerary and related items may be made where deemed necessary or advisable by UTracks. The information contained on UTracks’ website, brochures, trip notes and pre departure information is to the best of UTracks’ belief, correct at the date of publishing.
Personal travel insurance is not included in the tour price. It is a condition of booking a tour with UTracks, and your responsibility to ensure that you are adequately insured for the full duration of the tour in respect of illness, pre-existing medical conditions, injury, death, loss of baggage and personal items and cancellation and curtailment. You must provide evidence to UTracks that you have obtained personal travel insurance covering all of the activities you expect to participate in.
14. Proof of citizenship or information required to travel
It is your responsibility to obtain proper identification or proof of citizenship as required by the authorities of the destination to which you are travelling. You will not be entitled to a refund if you are denied boarding or entry on any basis, including without limitation, improper documentation (ie, visas) or failure to provide information. It is a requirement of many countries that your passport is valid for six months beyond the date of your return home to your home country and it is your responsibility to check you have such validity.
15. Airlines and other transport providers
Any material published by UTracks, the Booking Form and these conditions of contract are not issued on behalf of, and do not commit any airline whose services are used or proposed to be used in the course of the tour. If an airline’s proposed travel or fare schedule is amended or cancelled, such amendment or cancellation will not be considered a cancellation of the tour by UTracks. Any flights or other transport forming part of the tour arrangements are subject to the conditions of the carrying airline or other transport entity, which in most cases limits the airlines’ or other transport entity’s liability to passengers in accordance with applicable international law and conventions.
16. Force Majeure If UTracks are prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of an act of God, strikes, trade disputes, fire, breakdowns, epidemics and pandemics, interruption of transport , government or political action, travel bans imposed by governments, acts of war or terrorism, acts or omissions of a third party or for any other cause whatsoever outside UTracks ‘reasonable control, UTracks will be under no liability whatsoever to you and may, at its option, by written notice to you, cancel the tour wherein condition 4 will apply in respect of cancellation charges. 17. Assumption of risk You acknowledge and agree that:
• by the very nature of adventure travel and trekking/cycling holidays, they are more challenging and demanding with a commensurately higher level of risk compared with conventional holidays, and involve potential exposure to injury and possibly death;
• in the countries and regions in which adventure travel is undertaken, standards of accommodation, transport, health care, hygiene, safety and service provision generally are often not as high as those standards in your country of residence and may require flexibility and patience on your part;
• the additional dangers and risks associated with adventure travel may include difficult and dangerous terrain; high altitude; extremes of weather, including sudden and unexpected changes; political instability; remoteness from normal medical services and from communications; and evacuation difficulties in the event of illness or injury;
• the enjoyment and excitement of adventure travel is derived in part from the inherent dangers and risks associated with adventure travel and that those inherent dangers and risks are a reason why you wish to undertake the adventure tour, and
• you have submitted your booking for the tour after giving due consideration of relevant travel information including, without limitation, any relevant information or advice given by the governments of Australia, New Zealand and Canada, the British Foreign Office and US Department of State and that it is your responsibility to acquaint yourself with that information or advice. For the above reasons you therefore accept the inherent and increased dangers and risks associated with the proposed adventure tour and the accompanying risk of injury, death or property damage or loss.
18. No Liability
You acknowledge and agree that:
• To the fullest extent permitted by law and unless caused by the negligent or reckless conduct of UTracks, UTracks will not be liable for any claims, actions, loss or damage arising out of personal injury or death, or property damage, loss of service including consequential, exemplary or punitive damages which may arise in connection with your participation in any tour.
• UTracks will not be liable for any breach of any law by any person with whom you travel on the tour; and
• you may not rely on any representations concerning the tour made by UTracks which are not contained in these conditions.
19. Release and Discharge
To the extent permitted by law, by accepting the additional inherent dangers and risks associated with the tour, you release, waive and discharge all UTracks representatives (including our ground operators in the country/countries in which you tour will take place) from all claims, actions or losses for personal injury or death, property damage, loss of services, loss of profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise:
• out of or occur during your travel in connection with the tour or any activities conducted in conjunction with the tour unless caused by the reckless conduct of UTracks representatives, or
• in connection with any optional activities which you may undertake during the course of your tour but which do not comprise part of your tour itinerary and you accept that any assistance given to you by UTracks representatives in arranging such optional activities will not render the UTracks representatives liable to you in any way.
20. Privacy You permit UTracks to collect personal information from you, or from your medical practitioner, regarding your health and medical condition. You acknowledge that this personal information may be disclosed to UTracks representatives in order to ensure your safety and well being but will not be used by them for any other purpose.
21. Waiver A party will not be deemed to have waived any of its rights or remedies under these conditions or at law by allowing any time or indulgence or by not exercising any right or remedy arising out of any default by the other party.
22. Severance of conditions If any part of a condition is illegal, unenforceable, or invalid, it is to be treated as removed from the conditions, however, the remainder of the conditions are not altered.
23. Jurisdiction This agreement and the rights and obligations of the parties will be construed and take effect in accordance with and be governed by the laws of Ontario, Canada. Should any conflict arise out of the application of the present contract, the Court of the province of Ontario, Canada, will, at the exclusion of any other jurisdiction, proceed with all claims arising.