TERMS & CONDITIONS
1. CONTRACTING PARTIES
These Terms and Conditions are legally binding between the traveler(s) and Above the Clouds, Inc. herein referred to as ATC.
2. ACCEPTANCE OF THESE TERMS
PLEASE NOTE: Acceptance of a quotation from ATC constitutes acceptance of these Terms and Conditions which take effect immediately.
All accommodation, room type(s) and specification are as shown in the itinerary.
Meals are as shown in the itinerary.
Transfers are provided where specified in the itinerary.
Accommodation and arranged sightseeing are subject to change at any time due to unforeseen circumstances or circumstances beyond ATC’s control. Every effort will be made to operate tours as planned, but alterations may occur after the final itinerary has been issued. ATC also reserves the right to withdraw a tour or any part of it, to make such alterations to the itinerary or the tour inclusions as it deems necessary or desirable, and to pass on to tour members any expenditures or losses caused by delays or events beyond its control.
In case of any appreciable variation in the tour price due to these circumstances, ATC reserves the right to make adjustments to the tour costs as necessary.
7. SPECIAL REQUESTS
Specific requests should be advised at time of booking. Please note that every effort will be made to secure special requests, however; they cannot be guaranteed.
Transportation will be as specified in the itinerary.
ATC provides handling of baggage only as specified in the quotation. Weight restrictions for baggage on some routes on internal/domestic flights may apply; details of which will be provided with pre-tour documentation. Baggage and personal effects are at the owner’s risk throughout the tour and ATC assumes no liability for lost or damaged baggage. Baggage insurance is strongly advised.
Please check with your international carrier for other baggage restrictions applicable to your international flight.
10. TAXES AND GRATUITIES
Hotel taxes as imposed by city and state governments are included. Airport taxes are included only where specified in the itinerary. Gratuities for guides, drivers, porters, camp staff, ship crew and Tour Managers are not included and are at the discretion of the traveler.
11. PRICES & ARRANGEMENTS
The tour price includes planning, handling and operational charges and is quoted based on the current rates of exchange and tariffs. Entrance fees as part of scheduled sightseeing tours are also included in this price. This price is subject to revision in line with significant changes in foreign currency, tariff rates, taxes etc.
The cost of obtaining passports, visas, excess baggage charges, items of a personal nature such as drinks, laundry, telephone calls, fax charges and excess baggage charges unless expressly included in writing, are not included in the tour price.
ATC reserves the right to take photographs during the operation of any program or part thereof and to use them for promotional purposes. By booking a program with ATC, travelers agree to allow their images to be used in such photographs. Travelers who prefer that their images not be used are asked to identify themselves to ATC prior to final payment and they will be exempted from this photography waiver clause.
A non-refundable deposit of 10% of the total itinerary cost is required at the time of booking. 50% of the remainder will be due 90 days prior to trip departure and the final balance will be due 45 days prior to trip departure.
15. PAYMENT METHOD
Payments may be made by the following methods:
• Credit card / Bank transfer / Check
ATC cannot guarantee that all payment methods will be accepted and ATC will therefore advise of the most suitable payment method at the time of deposit. Please Note: All payments made by credit card to ATC will be subject to additional credit card processing fees.
All cancellations must be received in writing.
16.1 Cancellations received between the date of booking and 90 days prior to trip departure will result in the loss of the deposit
16.1.1 Cancellations received between 90 days prior to trip departure and 45 days prior to trip departure will be subject to a cancellation charge the deposit and 50% of the total price.
16.1.2 Cancellations received on or after 45 days prior to trip departure will be subject to a forfeiture of the entire total price.
16.2 Cancellation of airline tickets result in a total loss.
16.3 The purchase of special event tickets is subject to the refund policy of each individual event.
16.4 ATC reserves the right to charge for financial penalties, fees and losses incurred as a result of cancellation.
17. CLAIMS AND REFUNDS
Refunds are not made for anmissed services, except for verifiable extenuating circumstances.
Please see our LIMITS ON ATC’S RESPONSIBILITY clause below. For verifiable claims to be considered, they must be received in writing within 30 days of the termination of the program. Any adjustment considered will be based on the actual price of the services involved and not on a per diem basis. Adjustments will not be made for unused sightseeing trips or meals. ATC will not accept any liability for any claims that are not received within 30 days of the termination of your program. All claims for days missed while traveling should be made in writing within 30 days of the program.
18. LIMITS ON ATC’S RESPONSIBILITY
Above the Clouds Inc, its employees, shareholders, officers, directors, successors, agents and assigns does not own or operate any entity which is to or does provide goods or services for your trip. It purchases transportation (by aircraft, coach, train, vessel or otherwise), hotel and other lodging accommodations, restaurant, ground handling and other services from various independent suppliers. All such persons and entities are independent contractors. As a result, ATC is not liable for any negligent or willful act of any such person or entity or of any third person.
In addition and without limitation, ATC is not responsible for any injury, financial or physical loss, death, inconvenience, delay or damage to personal property in connection to the provision of any goods or services whether resulting from but not limited to acts of God or force major, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transport mechanism to arrive or depart on time.
There are many inherent risks in adventure travel of the type involved here, which can lead to illness, injury or even death. These risks are increased by the fact that these trips take place in remote locations, far from medical facilities. Passenger assumes all such risks associated with participating in this trip.
18.1 In the event of a cancellation or material alteration to the trip as a result of the circumstances as described in this clause ATC may in their sole and absolute discretion:
a) offer the traveler(s) alternative travel arrangements or products of comparable standard as may be appropriate in the circumstances; or
b) if alternative travel arrangements or products are not offered by ATC, ATC will make a prompt proportional refund of monies paid by the traveler.
18.2 ATC may charge a reasonable fee to cover the administration costs associated with providing alternative travel arrangements or products.
18.3 If a material alteration becomes necessary within 90 days of the departure date for any reason other than the circumstances described in this clause, ATC will endeavor to offer comparable products or a full refund of all monies paid by the traveler(s).
19. HEALTH PRECAUTIONS
Please ensure that you consult your personal physician about all medically suggested inoculations and vaccinations before travel. Please ensure to share this itinerary and details of your travels with your personal physician so he/she can best assist you in planning for travel.
20. TRAVEL ADVISORIES/WARNINGS
It is the responsibility of travelers to become informed about the most current travel advisories and warnings by referring to their respective government agencies. In the event of an active State Department or government agency Travel Warning against travel to specific destination location(s) of the trip, should the traveler still choose to travel, notwithstanding any travel advisory or warning, the traveler assumes all risk of personal injury, death or property damage that may arise out of the events like those advised or warned against.
21. TRAVELERS’ REPRESENTATIONS
Traveler(s) represent(s) that neither he nor anyone traveling with him has any physical condition or disability that could create a hazard to himself or other members of the tour. ATC reserves the right to remove from the trip, at the sole expense of the traveler, anyone whose condition is such that he or she could create a hazard to himself or others, or otherwise impact the enjoyment of other passengers on the trip.
22. AIR TRANSPORTATION
Airlines concerned are not to be held responsible for any act, omission or event occurring while passengers are not on board their aircraft. International air carriers are also subject to international air conventions limiting their liability. These limitations of liability are explained on the e-ticket or on the reverse of the airline ticket and when issued, this constitutes the sole contract between the respective air carrier(s) and their passengers.
23. PASSPORT & VISAS
Please note that passport holders are responsible for obtaining the required documentation applicable for entry. Please note also that passports must be valid for six (6) months before departure and should also have sufficient blank pages for visas and immigration stamps. ATC cannot be held responsible should you be denied entry to a country due to non-compliance with these requirements.
24. TRAVEL INSURANCE
ATC strongly recommend all clients take out comprehensive travel insurance prior to date of travel. This insurance should cover cancellation and curtailment, all medical expenses including evacuation/repatriation, personal baggage, personal liability, death and permanent disability and travel document insurance. ATC cannot be held responsible for any costs arising from such loss or injury.