By booking or participating in a tour and any related products or services (a “Tour”) with Extreme Dominica Inc. (“Extreme Dominica Inc.” or the “Tour Operator”), you (“you”) agree to these Terms & Conditions (the “Terms”).
1. THE BOOKING CONTRACT
Your booking is confirmed and a contract exists when the Tour Operator or your travel agent issues a written confirmation after receipt of the applicable deposit amount. Please check your confirmation carefully and report any incorrect or incomplete information to the Tour Operator or authorized agent immediately. Please ensure that names are exactly as stated in the relevant passport. You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to the Tour Operator.
2. BOOKING ON BEHALF OF OTHERS
By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your Tour booking, notifying the Tour Operator or your travel agent if any changes or cancellations are required and keeping your party informed. By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and the Tour Operator will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.
3. CANCELLATION BY THE PARTICIPANT
You may cancel your booking by notifying the Tour Operator. (a) Cancellation received 8 days or more before the tour, you will receive a 50% refund of your purchase price. (b) Cancellation less than 8 days before the tour, (c) Cancelation with one of the following reasons: Medical reason, not able to travel, cancelations by cruiseships, airliners and ferry’s. You will receive a full refund.
4. CANCELLATION OF A TOUR BY THE TOUR OPERATOR
When a tour is cancelled by Extreme Dominica you will receive a full refund of your purchase price.
5. REQUIRED MEDICAL INFORMATION
You must provide any medical information reasonably requested by the Tour Operator. The Tour Operator reserves the right to request further information or professional medical opinions where necessary, as determined in its discretion, for your safety or the safe operation of a Tour. The Tour Operator reserves the right to deny you permission to travel or participate in any aspect of a Tour at any time and at your own risk and expense where the Tour Operator determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others. Pregnancy is considered a medical condition and must be disclosed to the Tour Operator at the time of booking. The Tour Operator may refuse to carry pregnant women over 24 weeks. The Tour Operator may refuse to carry anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged. You are responsible for assessing whether a Tour is suitable for you. You should consult your physician to confirm your fitness for travel and participation in any planned activities. You should seek your physician’s advice on vaccinations and medical precautions. The Tour Operator does not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the Tour based on your own unique circumstances, limitations, fitness level and medical requirements. Travel with the Tour Operator may involve visiting remote or developing regions, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country. The condition of medical facilities in the countries you may visit on your Tour varies and the Tour Operator makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions.
6. AGE REQUIREMENTS
Anyone under the age of 18 on the date of first travel is considered to be a minor. Minors must always be accompanied by an adult. One adult may accompany up to two minors. Unless otherwise indicated in the Tour description or by the Tour Operator, the minimum age for minors travelling on any Tour is 6 years old. All bookings with a minor are subject to review and approval by the Tour Operator. Each adult on a booking with a minor or minor(s) is jointly and severally responsible for the behavior, wellbeing, supervision and monitoring of such minor(s), and jointly and severally accepts these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. The Tour Operator does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s). There is no maximum age but all participants must be in good physical health and able to walk and hike for a longer period.
7. MANDATORY INSURANCE REQUIREMENTS
YOU MUST HAVE TRAVEL INSURANCE WITH A MINIMUM MEDICAL, EVACUATION AND REPATRIATION COVERAGE OF US$200,000 covering all applicable dates of travel with the Tour Operator. This insurance must cover personal injury and emergency medical expenses. On the first day of each Tour, a representative of the Tour Operator will verify that you have sufficient insurance in place. You are strongly recommended to extend your coverage to include cancellation, curtailment, and all other expenses that may arise as a result of loss, damage, injury, delay or inconvenience while traveling. You acknowledge that insurance coverage is not included in the cost of any Tour offered by the Tour Operator and you are required to obtain separate coverage at an additional cost. It is your responsibility to ensure that you have sufficient coverage and comply with the terms of the applicable insurance plans. You are responsible for advising your insurer of the type of travel, destination(s) and activities included in your booking so that the insurer may provide appropriate coverage.
All dates, itineraries and prices of Tours are subject to change at any time and the current price will be quoted and confirmed at the time of booking, subject to any surcharges that may be levied in accordance these Terms. You acknowledge that you are responsible for keeping up to date on the specific details of your Tour and any other products or services, including, but not limited to checking the Tour Operator’s website at least 72 hours prior to departure as minor changes may have been made after the time of booking.
9. DETAILS REQUIRED FOR BOOKING
As a condition of booking, you must provide the information requested by the Tour Operator along with final payment. If you fail to provide all required information prior to the date on which full payment is due, an administrative fee will be charged for any costs incurred by the Tour Operator as a result of your failure to provide the required information. If you fail to supply information required by the Tour Operator for air tickets, permits, or other inclusions, you will also be liable for any costs, fees or losses including failure to obtain or provide that inclusion. In the event that you fail to supply information required by the Tour Operator, the Tour Operator also reserves the right to treat your booking (or the relevant component of your booking) as cancelled and levy any cancellation fees deemed reasonable by the Tour Operator, in its sole discretion. The information required by the Tour Operator will vary by Tour and will be communicated to you or to the Tour Operator’s authorized agent during the booking process. The Tour Operator will not be held responsible for any fees you incur as a result of errors, omissions, inaccuracies, late, misplaced or otherwise incomplete information you have provided.
10. FINAL PAYMENT & ACCEPTANCE OF BOOKING
The confirmation sent by the Tour Operator or your travel agent will contain details of final payment required for any booking. The Tour Operator is not responsible for any charges levied by third parties or financial institutions and payable by you as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by you to the Tour Operator.
11. FLEXIBILITY & UNUSED SERVICES
You acknowledge that the nature of adventure travel requires flexibility and acknowledges that they will permit reasonable alterations to products, services or itineraries by the Tour Operator. The route, schedules, accommodations, activities, amenities and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of the Tour Operator (including but not limited to Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events and entry or border difficulties). No reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of the Tour Operator, including your removal from a Tour because of your negligence or breach of these Terms.
12. ACCEPTANCE OF RISK
When participating in any activity offered by Extreme Dominica you must sign the following liability waiver before the tour starts:
ACKNOWLEDGEMENT OF RISKS, ASSUMPTION OF RISK AND RESPONSIBILITIES and RELEASE OF LIABILITY
I, (Print name)
WARNING: Although precautions are taken to provide a safe and enjoyable experience, there can be no guarantee of absolute safety against injury and accident. There are significant elements of risk in any adventure sport or activity associated with the outdoors or wilderness including but not limited to camping, hiking, rock climbing, the use of watercraft, rappelling, jumping into pools, swimming and the use of any related equipment.
ACKNOWLEDGMENT OF RISKS: I agree that there are inherent dangers, both known and unknown, in the activity and that THE RISKS MAY RESULT IN SEROUS INJURY INCLUDING PERMANENT PARALYSIS OR DEATH.
Participants may be exposed to some or all of the following activities and related risks: Activities: 1) Hiking 2) Rock climbing 3) Canyoning and Canyoneering 4) Swimming 5) Jumping 6) Any other outdoor activities. Risks: 1) Falls 2) Cold water related injuries 3) Head related injuries including heat exhaustion and heat stroke 4) An act of nature which may include inclement weather, avalanche, rock fall, crevasse fall, an unexpected rain which may flood the canyon, and severe or varied temperature or winds 5) River crossing 6) Risk associated with crossing, rappelling, climbing or down climbing rock, ice or snow 7) Varied diet and water source 8) The presence of insects and wild life 9) Capsize 10) Loss of control 11) Travelling accidents, including travel to and/or from the activity.
EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: In recognition of the inherent risks of the activity which I, or any minor children for which I am responsible, will engage in, I confirm that I/we are physically and mentally capable of participating in the activity and/or using related equipment. I acknowledge that I/we are participating voluntarily and that, except for gross negligence or wilfulness on the part of the Leaders, I assume responsibility for injury, accidents or illnesses, including, but not limited to, sprains, torn muscles and/or ligaments, fractured or broken bones, eye damage, cuts, wounds, scrapes, abrasions and/or contusion, dehydration, exposure and/or altitude wounds, spinal injuries, animal bite or attack, insect bite, allergic reaction, shock , paralysis, drowning and/or death; I acknowledge that during the activity I or my child may experience fatigue, chill and/or dizziness which may demise my/ their reaction time and increase the risk of an accident. I assume responsibility for damages to or loss of Participant’s personal property. I assume responsibility for damages to other’s property caused by said Participant’s wilful misconduct.
COVENANT OF GOOD FAITH: I recognize that you, as a provider of services, will operate under a covenant of good faith and fair dealing but that you may find it necessary to terminate an activity due to forces of nature, medical necessities or other problems. We acknowledge your responsibility and right to take such actions for the safety of participant and /or all other participants. I acknowledge that no guarantees have been made with respect to objectives.
AUTHORIZATION AND AGREEMENT: I hereby authorize any medical treatment deemed necessary for myself or my child in the event of any injury while participating in the activity. I either have appropriate insurance or, in its absence, I agree to pay all costs of rescue and/or medical services which may be incurred on our behalf. I also agree that any leader’s film or photographs taken of Participant is the sole property of the leader and may be used for promotional or commercial purposes, provided Participant’s name and other personal information are not provided for said purposes.
RELEASE: In consideration of services or property provided, I , for myself, and for any minor children for which I am parent, legal guardian or otherwise responsible and heirs, personal representatives or assigns, hold harmless and do hereby release Niels Noteboom, Nahjie Laflouf and Extreme Dominica, Inc., his agents, employees and volunteers (the leaders) from all liability and waive any claim, except as otherwise provided or limited herein, for damages (except that which is the result of gross negligence or wilfulness by leader).
ATTORNEY FEES: Should the leaders, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
INSURANCE: I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating or else, I agree that the substantive law rules of the state. I agree to bear costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
GOVERNING LAW: In the event that I file a lawsuit against the leaders, I agree to do so solely on the Island of Dominica and I further agree that the substantive law of that state shall apply in the action without regards to the conflict of the law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
WAIVER OF LITIGATION RIGHTS: By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Extreme Dominica Inc. and its leaders on the basis of any claim from which I have released them herein.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT AND I AGREE TO BE BOUND BY ITS TERMS.
PARENT’S OR GUARDIAN’S ADDITIONAL INDEMNIFICATION (Must be completed for participants under the age of 18). In consideration of (Print Minor’s name)
______________________________________________________________ (“Minor”) being permitted by the leaders to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless the leaders from any and all claims which are brought by or on behalf of Minor and which are in any way connected with such use or participation by Minor.
13. THE TOUR OPERATOR IS NOT LIABLE FOR THIRD PARTY SUPPLIERS
The Tour Operator makes arrangements with accommodation providers, activity providers, airlines, cruise lines, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your booking. Third Party Suppliers may also engage the services of local operators and sub-contractors. Although the Tour Operator takes all reasonable care in selecting Third Party Suppliers, the Tour Operator is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third Party Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and the Tour Operator does not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction. THE TOUR OPERATOR IS NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY OTHER THAN THE TOUR OPERATOR AND ITS EMPLOYEES. The Tour Operator is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.
14. OPTIONAL EXTRAS
“Optional Extras” refers to any activity, transportation, meal, product or service not expressly included in the Tour itinerary or price of the Tour and do not form part of the Tour. You agree that any assistance given by the Tour Operator’s representative(s) in arranging, selecting, or booking, any Optional Extras is purely at your request and the Tour Operator makes no warranties and expressly disclaims any liability whatsoever arising from participation in Optional Extras or any information provided by any representative of the Tour Operator regarding any Optional Extras. You release the Tour Operator from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to or arising from participation in or booking of Optional Extras. You acknowledge and agree that any liability for loss, damages, death, personal injury, illness, emotional distress, mental suffering or psychological injury or loss of or damage to property associated with Optional Extras is the sole responsibility of the third party providing that service or activity.
The Tour Operator and its parents, subsidiaries and their respective employees, affiliates, officers, directors, successors, representatives, and assigns shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against the Tour Operator for any such loss, damage, injury, or death. In the event that any loss, death, injury or illness is caused by the negligent acts or omissions of the Tour Operator or of the Third Party Suppliers of any services which form part of the booking contract then the Tour Operator limits its liability, where applicable by all applicable international conventions.
16. FORCE MAJEURE
The Tour Operator will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the Tour Operator failure to commence, perform 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, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of the Tour Operator; or an event which the Tour Operator or the Third Party Supplier of services, even with all due care, could not foresee any and all of which, individually and collectively, constitute “Force Majeure”.
17. IMAGES AND MARKETING
You agree that, while participating in any Tour, images, photos or videos may be taken by other participants, the Tour Operator or its representatives that may contain or feature you. You consent to any such pictures being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to the Tour Operator, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.
If any provision of these Terms is so broad as to be unenforceable, such provision will be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof will in no way affect the validity or enforceability of any other provision.
20. CONTRACT PARTIES & SUCCESSORS
These Terms will inure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors and assigns.
21. APPLICABLE LAW
The Contract and these Terms are subject to the laws of Dominica and you submit to the exclusive jurisdiction of the courts located Roseau, Dominica for the resolution of any dispute under these Terms or concerning any Tour, product or service. By booking or traveling on a Tour, you certify that you do not have any mental, physical, or other condition that would create a hazard for yourself or other participants. NGP and the Tour Operator reserve the right in their sole discretion to accept, decline or remove any person on a Tour. NGP and the Tour Operator reserve the right, without penalty, to make changes in the published itinerary whenever, in their judgment, they deem it necessary for your comfort, convenience, or safety and in accordance with these Terms.
Extreme Dominica shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against Extreme Dominica for any such loss, damage, injury, or death.