Terms and Conditions
1. Our contract
All bookings are made with Custom Adventures Inc. (us/we). By booking a trip with us you are deemed to have agreed to these Booking Conditions (which constitutes the entire agreement between you and us) and your booking will be accepted by us on this basis. The services to be provided are those referred to in your booking confirmation invoice.
Dates and itineraries are valid until 31 December 2020. Beyond 31 December 2020 dates and itineraries are indicative only.
3. Deposit requirement
If your tour has been custom designed, then a non-refundable 30% deposit of your total cost of your trip will be needed at the time of confirming your trip. If you are booking a pre-organized small group tour, then the general deposit amount will be $300-400CDN per person. Please note that different deposits amounts may be required and will be outlined to you prior to booking. If your booking is made within 80 days of the departure date then the full amount is payable at the time of booking.
4. Acceptance of booking and final payments
If we accept your booking we will issue a confirmation invoice. A contract will exist between us from the date we issue the payment invoice. Please refer to your booking confirmation invoice for details regarding final payments. Payment of the balance of the trip price is due 80 days before the departure date. Please note that full payment may be earlier for certain tours. This will be outlined to you prior to booking. If this balance is not paid on or before the due date we reserve the right to treat your booking as cancelled.
5. Prices and surcharges
Our trip prices are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means our trip prices may vary at any time in accordance with demand, market conditions and availability. It is likely that different passengers on the same trip have been charged different prices. Your best option if you like the price you see is to book at that time. Any reduced pricing or discounts that may become available after you have paid your deposit will not apply. If you wish to cancel your booking to take advantage of a cheaper price, full cancellation conditions apply. We reserve the right to impose surcharges up to 56 days before departure due to unfavourable changes in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. If any surcharge results in an increase of more than 10% of the trip price you may cancel the booking within 7 days of notification of the surcharge and obtain a full refund. Please note that a surcharge may be applied to all purchases made by credit card.
6. Your details
In order for us to confirm your travel arrangements you must provide all requested details with the balance of the trip price. Necessary details vary by trip; they include but are not limited to full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. On some more demanding trips we also require you to complete and forward a Self-Assessment form. Failure to provide requested details may result in additional charges or non-refundable cancellation of your trip.
7. Cancellation by the traveller
If you cancel some or all portions of your booking cancellation fees will apply. A cancellation will only be effective when we receive written confirmation of the cancellation. If you cancel a trip:
If you cancel your tour 81 days prior to your departure, we will retain your deposit. If you cancel your tour 80 days prior to your departure your full departure is non-refundable.
Note that different cancellation conditions including higher charges apply to some styles of trips. Your booking consultant will advise if differences apply. You are strongly advised to take out cancellation insurance at the time of booking which will cover cancellation fees. If you leave a trip for any reason after it has commenced we are not obliged to make any refunds for unused services. If you fail to join a tour, join it after departure, or leave it prior to its completion, no refund will be made. The above cancellation fees are in addition to fees which may be levied by accommodation providers, travel agents or third party tour and transport operator fees.
8. Cancellation by us
We may cancel a trip at any time up to 56 days before departure. If we cancel your trip, you can transfer amounts paid to alternate departure date or receive a full refund, except where a major change or cancellation arises from circumstances amounting to force majeure. We may cancel a trip at any time before departure if, due to terrorism, natural disasters, political instability, or any other external events, it is not viable for us to operate the planned itinerary. In circumstances where the cancellation is due to external events or forced Majeure outside our reasonable control refunds will be less any unrecoverable costs. We are not responsible for any incidental expenses that you may have incurred as a result of your booking, including but not limited to visas, vaccinations, travel insurance excess, or non-refundable flights.
A “Force Majeure Event” includes but is not limited to, acts of God, war, civil commotion, riot, blockade or embargo, fire, explosion, breakdown, union dispute, earthquake, epidemic, flood, windstorm or other extreme weather event, lack or failure of courses of supply, passage of any law, order, proclamation, regulation, ordinance, demand, requisition or requirement or any other act of any government authority, beyond the reasonable control of the parties, whether or not foreseeable, which renders performance impossible.
9. Booking amendments
If you wish to transfer from one trip to another or transfer your booking to a third party you must notify us at least 60 days prior to the proposed departure date. A fee of $200 per person per change will apply (in addition to any charges levied by hotels, ground operators or airlines). If you notify us less than 60 days prior to the proposed departure date the refund policy applicable to cancellations will apply. Transfers to a third party are only permitted where the transferee meets all the requirements in relation to the trip, and transfers to another departure can only be made to a departure within the current validity period.
Amendments to any other arrangements made in conjunction with your trip will incur an $130 administration fee per booking per change. This fee is in addition to any charges levied by hotels, ground operators or airlines. No amendments are permitted to your booking within 30 days of departure.
Each trip will offer different inclusions. We will outline your inclusions at time of quoting your booking and prior to payment.
The land price of your trip does not include:
• International or internal flights unless specified
• Airport transfers, taxes and excess baggage charges unless specified
• Meals other than those specified in the Trip Information
• Visa and passport fees
• Travel insurance
• Optional activities and all personal expenses
12. Overland kitty
On some Overland trips you are required to contribute to a Kitty. The Kitty is a compulsory on-ground payment put into a central fund and overseen by the travellers and the crew. It helps fund accommodation, camp meals and some included activities. A full description of what the Kitty includes is in the Essential Trip Information. Kitty amounts are subject to change so please check the local operators website for the up-to-date amount 48 hours prior to your trip commencement.
13. Age & Health requirements
Minimum Age: For the majority of our group departure trips the minimum age is 15 at the time of travel. For custom Tailor-made departures, age restrictions, if any will be disclosed at time of quoting. All travellers under the age of 18 must be accompanied by a legal guardian, or in lieu of a legal guardian, by an escort over the age of 18, appointed by their legal guardian. The legal guardian or their designee will be responsible for the traveller under the age of 18’s day to day care. If a legal guardian elects to designate an escort in their lieu, they will be required to complete and sign a relevant document, to delegate their authority.
Please note we cannot guarantee triple or adjoining rooms for families; accompanying adults may be required to share with others in the group on a twin share basis.
Maximum Age: For the majority of our trips we have no upper age limit though we remind you that our trips can be physically demanding and passengers must ensure that they are suitably fit to allow full participation. We are able to provide details on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination.
14. Passport and visas
You must carry a valid passport and have obtained all of the appropriate visas, permits and certificates for the countries which you will visit during your trip. Your passport must be valid for 6 months beyond the duration of the trip. It is your responsibility to ensure that you are in possession of the correct visas, permits and certificates for your trip. We are not responsible if you are refused entry to a country because you lack the correct passport, visa or other travel documentation.
15. Travel insurance
Travel insurance is mandatory for all our travellers and should be taken out at the time of booking. Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of US$200,000 for each of the categories of cover. We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. You must provide proof of your travel insurance on the first day of your trip; you will not be able to join the trip without it.
You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.
17. Change of itinerary
While we endeavour to operate all trips as described we reserve the right to change the trip itinerary.
Before departure: If we make a major change we will inform you as soon as reasonably possible if there is time before departure. The definition of a major change is deemed to be a change affecting at least one day in five of the itinerary. When a major change is made you may choose between accepting the change, obtaining a refund of money paid on the land portion of the trip only or accepting an alternative tour offered.
After departure: We reserve the right to change an itinerary after departure due to local circumstances or events outside of our control. In such emergency circumstances the additional cost of any necessary itinerary alterations will be covered by you. Please note we are not responsible for any incidental expenses that may be incurred as a result of the change of itinerary such as visas, vaccinations or non-refundable flights.
18. Authority on tour
If you are on a group trip they are run by a group leader. The decision of the group leader is final on all matters likely to affect the safety or well-being of any traveller or staff member participating in the trip. If you fail to comply with a decision made by a group leader, or interfere with the well-being or mobility of the group, the group leader may direct you to leave the trip immediately, with no right of refund. We may also elect not to carry you on any future trips booked. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited, and you also agree to travel in accordance with our responsible travel guidelines.
19. Acceptance of risk
You acknowledge that the nature of the trip is adventurous and participation involves a degree of personal risk. You will be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives. We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However it is also your own responsibility to acquaint yourself with all relevant travel information and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel.
20. Limitation of liability
We contract with a network of companies, government agencies and individuals to assist in the running of our trips as agent for these third parties. We are not responsible for the acts and omissions of these third parties.
To the fullest extent permitted by law:
– any liability for any loss, death, injury or damage which you may suffer (directly or indirectly) in connection with or arising out of your participation in a trip, or any breach of the Booking Conditions, is excluded;
– you release us and our officers, employees, agents and representatives from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in a trip; and
– any condition or warranty which would otherwise be implied by law into these Booking Conditions (Implied Warranty), is excluded.
To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion): (i) the provision of a similar trip to an equivalent value; or (ii) a refund of the total amount received by us from you in connection with your booking.
Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive or exemplary damages.
21. Optional activities
Optional activities not included in the trip price do not form part of the trip or this contract. You accept that any assistance given by your group leader or local representative in arranging optional activities does not render us liable for them in any way. The contract for the provision of that activity will be between you and activity provider.
22. Claims & complaints
If you have a complaint about your trip please inform your group leader or our local representative at the time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means then any further complaint should be put in writing to us within 30 days of the end of the tour.
In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
24. Photos and marketing
You consent to us using images of you taken during the trip for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes.
26. Applicable law
The laws of Burlington, Canada govern these Booking Conditions to the fullest extent allowable. Any disputes in connection with a trip or these Booking Conditions must be initiated in the courts of Burlington, Canada.
27. Registered address
5010 South Service Road, Ontario, Canada L7L 5Y7
TICO registered number is 50023928