Terms & Conditions
KATAN ADVENTURES LLC GENERAL TERMS & CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
These Terms and Conditions govern the relationship between you and Katan Adventures LLC, d/b/a Katan Adventures (the “Company ”). By booking a trip, you agree to be bound by these Terms and Conditions, which outline, among other things, our cancellation policy and certain limitations of liability. These Terms and Conditions affect your rights and designate the governing law and forum for the resolution of any and all disputes.
Contract
All persons wishing to make a booking have carefully read and understand the Terms and Conditions that follow. By making a booking by telephone, the Katan Adventures website, email, facsimile or regular mail, you accept and agree to be bound by these Terms and Conditions. A booking is accepted and becomes definite only from the date when the Company sends a confirmation invoice or email (the “Confirmation Notice ”). It is at this point that a contract between you and the Company comes into existence. Prior to your receiving a Confirmation Notice, the Company reserves the right to decline any booking at its discretion. These Terms and Conditions shall constitute the entire agreement between you and the Company relating to the subject matter herein, and shall constitute a binding agreement. There is no verbal or written representation, warranty, collateral agreement, prior agreement, description of services, or conditions, other than as expressed herein. The service to be provided by the Company is/are the tour(s) specifically referred to in the booking confirmation.
Deposit
Early booking is recommended, since group sizes are limited and airlines often sell out of their best fares many months in advance of departure. At the time of booking, a $250 deposit per person is required to hold a spot on a trip. This deposit is fully refundable if you cancel your booking 120 days or more prior to departure. If you do not cancel your booking 120 days or more prior to the departure, the deposit will become non-refundable.
Final Payment
Payment of the balance of the trip price is due 60 days prior to departure (70 days if paying by check). If a booking is made within 60 days of the departure date, then the full amount is payable at the time the booking is confirmed. If this balance is not paid at the time your booking is confirmed, the Company reserves the right to treat your reservation as cancelled. Prices are quoted in US dollars and all payments must be made in US dollars whether by check or credit card.
Cancellation
Any cancellation by you must be in writing and acknowledged by the Company. The date on which the request to cancel is received by the Company will determine the applicable cancellation charge. The cancellation charges are expressed hereafter as a percentage of the total trip price.
- Cancellation 120 days or more before departure: No charge
- Cancellation 119-60 days prior to departure: Loss of deposit.
- Cancellation 59-45 days prior to departure: 50% of trip price.
- Cancellation less than 45 days prior to departure: 100% trip price.
There will be no discounts or monies refunded for missed or unused services, this includes voluntary termination/departure from trip, ie. sickness, death of a family member, etc. You are strongly advised to take out cancellation insurance at the time of making the booking as this will cover cancellation charges in certain circumstances .
Cancellation of a trip by the Company
The Company reserves the right to cancel any trip prior to departure for any reason whatsoever, including insufficient signup or logistical problems that may impede trip operations. The Company will not cancel a trip less than 30 days prior to departure except for force majeure, unusual or unforeseen circumstances outside the Company’s control. The refund of all payments received by the Company shall release the Company from any further liability. The Company is not responsible for expenses incurred by you as a result of the booking such as visa, vaccinations, non-refundable flights, equipment, etc.
Prices and Surcharges
We reserve the right to impose surcharges (price increases) up to 60 days before departure due to unfavorable changes in exchange rates, increases in airfares or other transportation or fuel 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 cost, you may cancel the booking within 14 days of notification of the surcharge and receive a full refund of all monies paid to the Company. Cancellation requests must be received in writing.
Changes
The nature of the type of travel provided by the Company requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is merely representative of the types of activities contemplated, and the Company is under no contractual obligation to strictly follow it. 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, which may include sickness or mechanical breakdown, flight cancellations/delays, strikes, political unrest, entry or border difficulties, weather and other unpredictable or unforeseeable circumstances.
Authority of the Company
At all times the decision of the Company’s trip leader or representative will be final on all matters likely to endanger the safety and well being of the trip. By booking with the Company you agree to abide by the authority of the trip leader or Company representative. You must at all times strictly comply with the laws, customs, foreign exchange and drug regulations of all countries visited. If you are affected by any condition, medical or otherwise, that might affect other people’s enjoyment of the trip, you must advise the Company at the time of the booking. Should you fail to comply with the above or commit any illegal act when on the trip or, if in the opinion of the trip leader, your behavior is causing or likely to cause danger, distress or annoyance to others we may terminate your travel arrangements without any liability on the Company’s part and you will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements.
Travel Documents
You must be in possession of a valid passport required for entry, departure and travel through each destination point along the itinerary of the trip (generally, passports must be valid six months past your return date), all visas, permits and certificates including vaccination certificates, insurance policies, required for the whole of the trip. You accept full responsibility for obtaining all such documents and permits prior to the start of the trip and are solely responsible for any adverse consequences resulting from missing or defective documentation. Any information provided by the Company regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is solely intended to be advisory and the Company is not responsible for any errors or omissions as to the information provided.
Insurance
It is mandatory that you obtain travel insurance with a minimum coverage of $75,000 while traveling with the Company and this insurance must cover personal injury, medical expenses, repatriation expenses, and evacuation expenses. You must be able to provide proof of insurance purchase and adequate coverage if requested by the trip leader or a Company representative. It is strongly recommended that insurance coverage be extended to cover cancellation, loss of belongings and all other expenses which might arise as a result of loss, theft of or damage to baggage or personal effects. Personal belongings lost or stolen while unattended by you in public areas, whether on board a mode of transportation operated by the Company or elsewhere, are not reimbursable. Losses due to ordinary wear and tear, and other acts of God are not reimbursable. The Company shall not accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by the Company such as hotels, vessels, vehicles, or any other mode of transportation.
Acceptance of Risk
You acknowledge that the nature of this trip is adventurous and may involve a significant amount of personal risk. You hereby assume all such risk and release the Company from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks. You agree to fully execute the Release of Liability and Assumption of all Risks prior to your departure.
Force Majeure
The Company shall not be liable in any way to you for death, bodily injury, illness, damage, delay or other loss or detriment to person or property or for the Company’s failure to commence, perform and/or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, terrorist activities or threat thereof, civil commotions, political disturbance, interference by authorities, riot, insurrection and government restraint, fire, or any other cause whatsoever beyond the reasonable control of the Company.
Acts of Third Parties
Katan Adventures uses many different service providers on its trips including, hotels, transport companies, guides, adventure tour/activities companies, etc. Notice is hereby given that all arrangements made on behalf of customers with the service providers are made by the Company on the sole condition that the Company shall not be held responsible for any injury, death, accident, delay, loss, damage or irregularity which may be occasioned through acts of any company and/or persons engaged in carrying out the arrangements made by the Company on behalf of the customers.
Severability
In the event that any term or condition contained herein 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 agreement or amended accordingly only to such extent necessary to allow all remaining Terms and Conditions to survive and continue as binding.
Applicable Law and Choice of Forum
This agreement shall be governed by the laws of the State of New York. Each party hereto irrevocably submits to the exclusive jurisdiction of the courts of New York County.
