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Terms and Conditions


Tour Development

Tour Request and Tour Proposal
When you ask us to develop a custom tour, we begin a process involving a considerable expenditure of time, energy and money - we often need to visit your region to locate suitable hotels, restaurants, events and sites relevant to your group. To cover the costs incurred on the road and in the office, we will ask you to sign a Tour Request and pay a Research Deposit - the amount varies according to each group's requirements. The deposit amount will be specified on the Tour Request and is guaranteed not to change. It is non-refundable but 100% applicable to the final price of your tour, whenever you go ahead with it.

By signing the Tour Request, you are only committing to the development of a Tour Proposal (not to going on the tour). When our research is done, you'll receive your Tour Proposal, including a detailed itinerary and total group price in USD; this price is guaranteed for that exact itinerary and number of participants.

NOTE: If you decide NOT to go ahead with your tour after receiving a Tour Proposal, we promise in any case to send you ALL family history we've uncovered, ALL photos or videos we take, ANY contacts we locate, and ANYTHING else relevant to your family that has come up in the course of the research, in the region or otherwise. This will be sent to you with the tour proposal. This way your research deposit has a good return whatever you decide.

Sales Contract
Once you are satisfied with your Tour Proposal, we will ask you to commit to the tour by signing a Sales Contract and paying a group deposit of 50% of the total trip price. If you want to change the proposed itinerary or number of participants before signing the Sales Contract, this will change the total group trip price. The group deposit will be due one week after signing the Sales Contract and will be applied to your total group trip price. At this point we will secure hotel rooms, book events, reserve restaurants and hire local guides. The group deposit is refundable according the cancellation policy below. Our prices are in U.S. dollars. Canada’s 7% Goods & Services Tax (GST) will not be applied to any trips taken outside Canada.

Changes to Group Size
The total group trip price is based on your custom itinerary and the number of participants in your group. Terrestra Travels guarantees that the total group trip price agreed upon when you sign our Sales Contract will not change, unless you want to change the number of trip participants after signing the Sales Contract. If your group size changes between 90 and 0 days prior to your departure, we reserve the right to change the per person price; withdrawals from the group after signing the Sales Contract may increase the price for each participant.

Balance of Payment, Final Confirmation
The balance of payment must be received no later than 90 days prior to departure and is payable by cheque or Paypal in the same currency as your deposit (US$). Each individual must additionally confirm their reservation by completing, signing and returning a Traveller information Form, and an Acknowledgement of Risk, Release and Indemnity within 14 days of receipt of their confirmation package.

Cancellation Policy

If you must cancel your reservation, the cancellation fees will be applied as follows:

Days prior to trip
90+ Loss of Research Deposit
61-90 Loss of Research Deposit or 25% of total trip price, whichever is greater
31-60 Loss of 50% of total group trip price
0-30 Loss of 100% of total group trip price.
Certain situations, such as reserving an entire villa, have more rigid deposit requirements and cancellation policies. Terrestra Travels' terms for certain groups will consequently be altered to reflect these conditions.

Cancellation Insurance
We strongly recommend, but cannot oblige you to purchase Trip Cancellation Insurance.

Cancellation by Terrestra Travels
Terrestra Travels reserves the right to cancel any trip at any time for any reason if there are too few participants, or if the quality of the trip or the safety of travellers is judged to be compromised. In such a case, refund of payments received by Terrestra Travels (excluding the non-refundable Research Deposit) shall constitute full settlement. Terrestra Travels cannot assume responsibility for any loss incurred on account of non-refundable air tickets.


Eligibility

We require that travellers be at least 2 years of age at the time of the trip.

Pre-departure Preparation and Services

Preparing for your trip
Our trips entail some risks – and rewards – beyond those encountered at home. Our trips are a partnership with travellers. Our objective is to take the hassle out of a great travel experience. In exchange, we expect our travellers to ensure they are healthy and fit; to read our pre-trip materials about clothing, training, medical requirements and culture-specific etiquette; to appreciate that in some countries, local living standards, practices, services and accommodations may differ from those in North America; and to appreciate that a road less travelled means a more unpredictable but also a more rewarding adventure.

Travel Documents and Passport
The Visa and Passport requirements of countries to which we travel vary by nationality and change for reasons beyond our control. Although we endeavour to provide you with accurate information about these requirements it remains the responsibility of each traveller to verify that they have the appropriate travel documents. Terrestra Travels cannot be liable for any expenses or costs arising from a traveller being prohibited from entering a country we visit on trip

External Services
Terrestra Travels may recommend the services of external travel agencies or other support services in response to requests made by travellers for services outside of the scope of the Terrestra Travels trip. Although we endeavour to recommend only companies that provide the highest levels of service and work closely with them to try and obtain special treatment for Terrestra Travels travellers, we cannot guarantee the services provided by these third party service providers. Terrestra Travels cannot be liable for any expenses or costs arising from any services, or lack thereof, provided by any external travel service company.


Risks, Liability and Insurance

Health
By sending a deposit toward your trip purchase and returning your Traveller Information Form, you certify that you do not have any physical condition or disability that would create a hazard for you or other travellers and you have received all appropriate vaccinations. Please consult your doctor.

Insurance
Before travelling on a trip, Terrestra Travels strongly recommends that you review your personal insurance and your health insurance to ensure you have coverage appropriate to meet your needs, and the needs of your family and dependants, in case of any loss of property, or accident, injury or death.

Risks
The term Terrestra Travels or Terrestra in this brochure refers to Terrestra Travels, Inc., a British Columbia corporation, which offers and operates all the trips listed herein. The term Terrestra Travels, Terrestra Tours, Terrestra Heritage Tours, Terrestra Family Heritage Vacations or simply Terrestra in this brochure refers to Terrestra Travels,Inc and its related and affiliated companies, and their employees, guides, shareholders, officers, directors and agents.

All Terrestra Travels trips are intentionally designed to take clients “off the beaten path” to places where facilities, infrastructure, and safety and other standards may not be sophisticated and may be different from those in a traveller’s home country. Trips involve physical activity that can be demanding, depending on the condition of the traveller, and the risk of serious personal injury, including permanent disability and death from accident, illness or the actions or negligence of other persons. Medical facilities and services may not be easily accessible and may not be sophisticated. There are other risks associated with the trips, such as theft or loss of or damage to property. Some of the services provided in connection with the trip, including lodging, transportation, food service, and local tours and activities, are obtained from independent suppliers over whom Terrestra Travels has no control.

Limitation of Liability, Release and Indemnity
To be eligible to take a Terrestra Travels trip, travellers must accept these risks and assume full responsibility for any loss, injury, death or damage to them, their family or their dependants arising in connection with their participation, or the participation of their family, in the trips. Travellers must have their own insurance appropriate to their needs and the needs of their family or dependants in respect of such loss, injury, death or damage.

Although Terrestra Travels endeavours to choose appropriate independent suppliers to provide services on the trips, Terrestra Travels has no right to control their operations and therefore makes travel arrangements for the trips on the condition that Terrestra Travels will not be liable for any act or omission of any independent supplier or any unrelated third party. The services provided by independent suppliers are subject to the laws of the place where the services are provided, and any conditions imposed by those suppliers. The liability of the independent suppliers may be limited by their tariffs, conditions of carriage, tickets and vouchers, and international conventions and agreements.

The cost of all Terrestra Travels trips is based on travellers agreeing to this Limitation of Liability, Release and Indemnity. In consideration for participating in the trips, travellers agree not to sue Terrestra Travels in respect of, and forever release them from, all liability for economic loss and physical or mental injury, direct or indirect, arising in connection with the trip – including, without limitation, permanent disability and death; any emotional distress; any loss of services, financial support, aid, consortium or companionship; and any damage to or loss of property – in each case even if caused in whole or in part by the conduct, including the negligence, of Terrestra Travels, except where such loss, injury or damage is caused by reckless or fraudulent conduct on the part of Terrestra Travels or their employees, guides, shareholders, officers or directors, in which case the traveller retains the right to sue only Terrestra Travels in respect of that conduct.

Travellers further agree that they will indemnify and hold Terrestra Travels harmless in respect of any claims arising in connection with the trip made by: i) third parties, which arise from the misconduct of the travellers; ii) the traveller’s family members, dependants or heirs, iii) third parties, which the traveller, their estate, their family members, dependants or heirs have sued, if damages are recovered from such third parties, to the extent the third party obtains any indemnification from Terrestra Travels; except where the loss, injury, death or damage is caused by the reckless or fraudulent conduct on the part of Terrestra Travels, or their employees, guides, shareholders, officers or directors.

Terrestra Travels reserves the right to decline accepting or retaining any traveller whose health or actions in Terrestra Travels’s sole judgement impede the operation of a trip or the welfare or enjoyment of fellow travellers. In further consideration for participating in the trip, travellers agree that Terrestra Travels, or their designate, may use any photographic or film records of the trips for promotional and/or commercial purposes, without any remuneration to the traveller. The traveller agrees to assign all right, title and interest they may have in or to any media in which their name or likeness might be used to Terrestra Travels.

Travellers agree that Terrestra Travels Inc. is the trustee of the respective rights of Terrestra Travels under this Limitation of Liability, Release and Indemnity, which will apply to a traveller’s trips with Terrestra Travels, and any transfer of a reservation to another trip, including any pre-trip or post-trip extensions. This Limitation of Liability, Release and Indemnity is binding upon all members of the traveller’s family, dependants, estate, heirs, successors and legal personal representatives. Any claim or dispute arising out of or relating to this Limitation of Liability, Release and Indemnity or its interpretation, the trip, or the traveller’s relationship with Terrestra Travels will be resolved exclusively in the courts of the Province of British Columbia and will be governed exclusively by British Columbia law.

Copyright © 2006 Terrestra Travels, Inc.

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