TERMS FOR CLIENTS BOOKING FROM AUSTRALIA + NEW ZEALAND (excluding USA).

THE TERMS AND CONDITIONS HEREIN WILL NEED TO BE READ AND ACCEPTED BY YOU AND CREATE A CONTRACTUAL RELATIONSHIP BETWEEN PREMIERE INTERNATIONAL CORP., DOING BUSINESS AS TREKAMERICA AND/OR FOOTLOOSE (AND TREK AMERICA TRAVEL, LTD. AS THE TOUR PROMOTER), AND YOU, THE "CUSTOMER." AFTER READING THIS ENTIRE CUSTOMER AGREEMENT (THE "AGREEMENT"), IN ORDER FOR YOUR TRAVEL OR holiday ("holiday" OR "TRIP") RESERVATION TO BE COMPLETED, YOU MUST INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS FOUND IN THIS AGREEMENT.

I. PARTIES TO THIS AGREEMENT:

(A) Tour Operator: Trek America Travel, Ltd. (as the Tour Promoter) and Premiere International Corp, d/b/a TrekAmerica and/or Footloose, (herein collectively referred to as "TrekAmerica," "we," "our," or "us") have arranged the holiday described within this website. TrekAmerica is operating under a variety of Incidental Business and Special Use Permits from the United States National Park Service, the United States National Forest Service, the United States Bureau of Land Management, the Park Service of Canada, the Hopi Indian Nation and the Navajo Indian Nation;

(B) Customer: The traveller (herein referred to as "Customer," "I," "you," or "your") who has reserved a holiday as described in this website and who intends to participate in the holiday so reserved and by such participation and payment as provided for in this Customer Agreement ("Customer Agreement" or "Agreement") hereby agrees to be bound by and subject to the terms and conditions of this Agreement.

II. BOOKING PROCEDURES:

(A) To make a booking you must send us either a signed, completed Customer Agreement, or acknowledge acceptance of the Customer Agreement in the manner provided for on our website, and a deposit of AU$225 / NZ$225, or if you wish to pay in an alternative currency acceptable to us, an amount in that currency as specified by us. We will then invoice you for the remainder of the cost, which you must pay not later than 8 weeks before departure. If you book less than 8 weeks before departure, full payment must be made on booking. The booking is not accepted and no contract exists until the date shown on the confirmation issued by TrekAmerica;

(B) Bookings made over the telephone, by email, or by credit card more than 8 weeks before departure will not be deemed accepted until we have received either a signed Customer Agreement in our office, or in the case of an internet booking, you have acknowledged your acceptance of the Customer Agreement, in the manner provide for on our website, and we have issued a confirmation. If a signed Customer Agreement or an internet acknowledgement of acceptance of its terms is not received within 10 days of the booking being made over the telephone, the booking will be deemed cancelled, the deposit will be forfeited and the place will be released for resale. Bookings made over the telephone, or by email, by credit card less than 8 weeks before departure (i.e. when full payment is due on booking) will be subject to the cancellation conditions in Section III below regardless of whether a booking form has been received in our office;

(C) Reservations for pre- and post-tour accommodation must be made no later than one month before the departure date of the tour. If you cancel your holiday, any pre-and post-tour accommodation vouchers issued to you are non-refundable; 

(D) If you do not pay the balance of your holiday cost within 8 weeks of departure, your booking will be terminated and you will lose your deposit;

(E) We reserve the right to refuse an application made by a person under the age of eighteen without the written consent of a parent or legal guardian first having been obtained.

III. CANCELLATION PROCEDURES:

(A) Notification of cancellation must be made to the TrekAmerica in writing. If you cancel your booking more than 8 weeks before departure we will not refund your deposit, but you may transfer your deposit to another holiday in our current program (provided you are not already booked on such holiday), subject to payment of a transfer fee of AU$90 / NZ$90, or if you wish to pay in an alternative currency acceptable to us, an amount in that currency as specified by us, and further subject to your notifying us in writing within two weeks of your cancellation, and telling us the holiday to which you wish to transfer. If the holiday to which you transfer is more expensive than that which you originally booked, a further deposit will also be payable. If you subsequently cancel the holiday to which you have transferred, we will retain your full original deposit and transfer fee;  

(B) If you cancel your holiday booking after you have paid in full, the following cancellation charges will be made:

(i) Written notification of cancellation received at our offices between 43 and 56 days before departure: 40% of the holiday cost; (ii) Written notification of cancellation received at our offices between 29 and 42 days before departure: 60% of the holiday cost; (iii) Written notification of cancellation received at our offices between 15 and 28 days before departure: 80% of the holiday cost;  (iv) Written notification of cancellation received at our offices 14 days or less before departure (or failure to join the Trip): 100% of the holiday cost.

Note internal flights and Galapagos cruises are not refundable. We strongly advise you to purchase insurance against cancellation costs.

IV. TRANSFER PROCEDURES:

If you are prevented from travelling on the holiday you booked by circumstances beyond your control (e.g., insurable risks), you may transfer your booking to another person provided they meet all the requirements relating to that holiday. You must provide proof of your inability to travel at the time you transfer your booking. A transfer fee of AU$90 / NZ$90 will be payable, or AU$180 / NZ$180, if the transfer is less than four weeks before departure, and additional costs such as airline tickets and permit fees may also be payable. In the event you wish to pay this transfer fee in an alternative currency, such currency must be acceptable to us and the transfer fee will be payable in an amount specified by us in that currency. Holiday bookings may not be transferred to another person in any other circumstances. In the event of your transferring your holiday booking to another person, you and that other person shall be jointly and severally liable for payment of the holiday price and other associated expenses.

V. MATERIAL CHANGES:

(A) We will let you know as soon as we can if, through no fault of your own, we are forced to significantly alter or cancel your holiday. In these circumstances you can choose one of the following options: (i) accept our offer of a replacement holiday of lower value (if available) and we will refund the difference in cost; or (ii) accept our offer of a replacement holiday of equivalent or higher value (if available); or (iii) ask us for a refund of the money you have paid;

(B) Your decision about which option you accept must be made as soon as possible after we notify you and in any event no later than forty-eight (48) hours after our giving such notice, unless a longer period is mutually agreed. If we cancel your holiday, insurance premiums paid to us will be refunded, except in the case of annual insurance that has already covered a risk. We strongly advise you not to incur any non-refundable incidental expenses, e.g., for visas or flights, before we confirm your Trip (8 weeks before departure). This is because scheduled airlines regularly vary their timetables and in some cases, we may need to cancel your departure due to insufficient numbers;

C) Before booking and not less than 30 days prior to departure the prices of a particular holiday featured in our brochure or website may change. We reserve the right to impose surcharges once you have booked, but no surcharges will be imposed within 30 days of departure. Surcharges will only be imposed for variations in: (i) transport costs, including the cost of fuel; (ii) duties, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports; or (iii) the exchange rates applied to the holiday. Any increase to the price that exceeds 10% of the total holiday cost will entitle you to the options outlined in Section V(A) above;

(D) A general indication is provided in our brochure and our website of the itinerary for each holiday, the type of accommodation used, what is included in the price, passport and visa requirements, and health formalities. Changes in all of these items may be made at any time;

E) If any significant changes to the holiday have to be made before departure, we undertake to inform you, and you are entitled to the options detailed in Section V(A) above. A "significant change" is a change of more than 24 hours (12 hours for holidays of 10 days' duration or less) in departure or return timings or other such change to itinerary and services that we reasonably consider to be significant.

VI. ACCURACY OF INFORMATION:

(A) The information contained in our brochure, pricing documentation and on our website is correct to the best of our belief, but we accept no liability for any inaccuracies contained therein;

(B) Any information or advice provided by us on matters such as permits, visas, vaccinations, climate, clothing, baggage, special equipment, etc. is given in good faith but without responsibility on our part, and you accept responsibility for obtaining any necessary visas and travel documents required for the holiday.

VII. PARTICIPATION CONDITIONS:

(A) Your holiday booking is accepted on the understanding that you realize the hazards involved in this type of travel, including injury, disease, loss or damage to property, inconvenience and discomfort. The underlying philosophy of this activity adventure travel is one that allows alternatives and a substantial degree of Trip flexibility. REMEMBER, YOU MUST DECIDE IF YOU CAN SAFELY PARTICIPATE IN AN ACTIVITY. THE TOUR LEADER DOES NOT KNOW YOUR EXPERIENCE OR ABILITY, SO ALWAYS CAREFULLY SELECT THE ACTIVITIES WHICH YOU DECIDE TO PARTICIPATE IN. The outline itineraries given for each holiday must therefore be taken as an indication of what each Trip may accomplish, and not as a contractual obligation on our part. Changes in itinerary may be caused by local political conditions, flight cancellations, mechanical breakdown, weather, border restrictions, sickness, or other unforeseeable circumstances. No refunds will be given for services not utilized. It is a condition of participation in any of the holidays described in our brochure or on our website that you accept this flexibility, and acknowledge that delays and alterations and their results, such as inconvenience, discomfort, or disappointment, are possible. If we are unable to complete the planned itinerary due to any of the reasons stated above, we will either transport you to the end point of the itinerary, or return you to the starting point, or provide an alternative itinerary. If you are unable, or do not choose, to complete an itinerary planned for a holiday, we shall not be required to supply alternative itineraries, excursions, accommodations, services or staff for the period when you are not participating in the Trip;

(B) On an activity adventure holiday, if you participate in the activities, it is necessary that you abide by the authority of the Trip leader, who represents TrekAmerica. Signing our Customer Agreement signifies your agreement to this. If you commit any illegal act when on the trip, or if in the opinion of the Trip leader, your behaviour is causing or likely to cause danger, distress or annoyance to others we may terminate your travel arrangements without any liability on our part. If you are affected by any condition, medical or otherwise, that might affect your or other customers' enjoyment of the Trip, you must advise us of this at the time of booking;

(C) Before commencing a holiday, you must be covered by insurance, which must include adequate cover for baggage, medical expenses and the cost of repatriation should you become too ill to continue, including helicopter rescue and air ambulance services. We reserve the right to require evidence of such insurance. If you commence a holiday without adequate insurance, you may not be allowed to continue on the Trip, and you will have no right of refund. We have an insurance plan available at additional cost, specifically designed for activity adventure travel, and we strongly recommend it to you. Details of such plan are included in our brochures and on our website and can also be obtained by contacting Premiere's operations office in Gardena, California, by phone (800) 345-8777.  Any claims concerning matters for which you are insured must be directed to your insurers.

VIII. COMPLAINTS:

If you have any complaint about the holiday, you must make it known at the earliest opportunity to the Trip leader and/or our local representative, who will normally be able to take appropriate action. If you are not satisfied with their response and you feel your enjoyment of the holiday is likely to be significantly affected, you should notify Premiere's operations office in Gardena, California, by phone (800-345-8777) and we will do our best to resolve the problem. If at the end of the holiday, you feel your complaint has not been properly dealt with, please notify us of your complaint in writing within a reasonable period of time, no later than 30 days after your tour's completion. Failure to notify TrekAmerica of any claim for damages within 30 days after completion of the Trip will bar any legal action against Premiere International Corp., TrekAmerica Travel, Ltd. or any of their affiliated companies.

IX. MISCELLANEOUS:

(A) Any flights forming part of the holiday arrangements are subject to the conditions of the carrying airline, which in most cases limit the airline's liability to the passenger in accordance with international law and conventions;

(B) Any likeness or image of you secured or taken during your participation in a Trip may be used by us without charge in all media (whether now existing or in the future invented) for promotional or marketing purposes, including without limitation promotional materials of any kind, such as brochures, slides, video shows and the internet;

(C) By accepting the Customer Agreement, you agree that, if necessary, we may pass your contact details and numbers to any third party connected with the operation of the specific holiday which you have booked. This information will not be used for any other purpose by the third party, nor will it be passed to any other parties. Please note that international airlines are required by applicable laws to give border control agencies access to passenger data. Accordingly any information we hold about you and your travel arrangements may be disclosed to the customs and immigration authorities of any country in your itinerary or to which you may be diverted;

(D) This Customer Agreement may only be waived or amended by written mutual consent. When you accept this Customer Agreement, you agree with all these conditions.

X. PROOF OF CITIZENSHIP/ INFORMATION REQUIRED FOR TRAVEL:

You must carry your proper identification/proof of citizenship for travel. You should consult your consulate for I.D. or visa requirements. IT IS YOUR SOLE RESPONSIBILITY TO OBTAIN PROPER IDENTIFICATION/ PROOF OF CITIZENSHIP REQUIRED BY THE DESTINATION TO WHICH YOU ARE TRAVELING. Airlines require all passengers to provide birth date, country of citizenship, form of I.D. that will be used for travel, and emergency contact information. THIS INFORMATION MUST BE PROVIDED TO TREKAMERICA WITH INITIAL RESERVATION OR BY ACCESSING YOUR ACCOUNT ON OUR WEBSITE. In all cases, this information must be provided to us no later than 14 days prior to departure or you are subject to cancellation without refund. Citizenship documentation requirements and airline-required information vary by destination/carrier and are subject to change without notice; TrekAmerica assumes no responsibility for such changes or notifying Trip participants of such changes. PASSENGERS WHO ARE DENIED BOARDING OR ENTRY FOR IMPROPER DOCUMENTATION/FAILURE TO PROVIDE REQUIRED INFORMATION WILL RECEIVE NO REFUND. PERSONS UNDER THE AGE OF EIGHTEEN TRAVELING TO AN INTERNATIONAL DESTINATION MUST CARRY A NOTARIZED LETTER OF CONSENT SIGNED BY BOTH PARENTS AND/OR LEGAL GUARDIAN.

XI. RISKS AND WARNINGS:

For information regarding possible dangers at international destinations, contact the Travel Advisory Section of the US State Department, (202)647-5225, http://travel.state.gov/travel/cis_pa_tw/tw/tw_1764.html. For medical information, contact the Center for Disease Control, (404)332-4559, www.cdc.gov/travel

XII. ALCOHOL/ILLEGAL DRUGS:

In the United States, the legal drinking age is 21. TrekAmerica does not condone the use of alcohol by those under the legal drinking age and in no way condones or encourages intoxication or the use of illegal drugs. If you choose to drink, we urge you to do so responsibly and ask that you remember that the excessive use of alcohol or any use of illegal drugs can result in severely impaired judgment, injury, and/or death. You should also know that the underage use of alcohol or any use of illegal drugs can result in imprisonment.

YOUR PARTICIPATION IN THIS holiday IS AN ACKNOWLEDGEMENT BY YOU THAT YOU WILL ACT AS A MATURE ADULT AND WILL BE RESPONSIBLE FOR YOUR OWN DECISIONS. BY SIGNING YOUR BOOKING FORM, YOU ARE ACKNOWLEDGING YOUR PERSONAL RESPONSIBILITY FOR YOUR BEHAVIOR AND YOU ARE RELEASING TREKAMERICA AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY LIABILITY RESULTING FROM ANY INJURY SUFFERED BY YOU AND YOU ARE INDEMNIFYING TREK-AMERICA FROM ANY LIABILITY RESULTING FROM ANY ACTION TAKEN BY YOU.

XIII. EXCLUSIVE GOVERNING LAW AND EXCLUSIVE JURISDICTION:

The booking conditions may only be waived or amended by written mutual consent. When you complete the booking form you agree to accept all these conditions, and when we accept your booking we agree to carry out our obligations to you as defined in this brochure and other information provided to you. This Agreement will be governed by English law and any disputes will be dealt with by the English courts. If however you booked you holiday in Scotland or Northern Ireland any disputes may be dealt with in the local courts in Scotland or Northern Ireland and will be subject to the law of those countries.

XIV. SEVERABILITY:

The invalidity or unenforceability of any part of this Agreement, or the invalidity of its application to a specific situation or circumstance, shall not affect the validity of the remainder of this Agreement, or its application to other situations or circumstances. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

XV. WAIVER:

Any failure by either party at any time, or from time to time, to enforce or to require the strict keeping and performance of any of the terms or conditions of this Agreement shall not constitute a waiver of any such terms or conditions and shall not affect or impair such terms and conditions in any way or the right of such party at any time to avail itself of such remedies as it has for the breach or breaches of such terms and conditions.

XVI. EXCLUSIVITY:

Except as otherwise expressly provided to the contrary, the rights herein granted and this Agreement are for the benefit of the parties hereto. The terms and conditions of this Agreement shall be exclusive of any advertising, marketing or other sales literature or activities of TrekAmerica and nothing contained in any of such materials shall be construed to create any rights as a result of or in connection with this Agreement.

XVII. HEADINGS:

All headings are for convenience only and shall not affect the meaning of any provision of this Agreement.

ACKNOWLEDGEMENT OF RISK, ASSUMPTION OF RISK AND RESPONSIBILITY AND RELEASE OF LIABILITY [Please read carefully!]

XVIII. RESPONSIBILITY:

I UNDERSTAND AND AGREE THAT ALL TRAVEL ARRANGEMENTS INCLUDED IN THIS TRIP ARE MADE ON MY BEHALF UPON THE EXPRESS CONDITION THAT NEITHER TREKAMERICA NOR ITS OWNER, DIRECTORS, OFFICERS, EMPLOYEES AGENTS, CONTRACTORS OR SUBCONTRACTORS SHALL BE LIABLE OR RESPONSIBLE FOR ANY NEGLIGENT OR WILLFUL ACT OR FAILURE TO ACT OF ANY THIRD PARTY, SUCH AS OPERATORS OF AIRCRAFT, TRAINS, MOTORCOACHES, PRIVATE CARS, CRUISE VESSELS, BOATS, SHIPS OR ANY OTHER CONVEYANCE, HOTELS, SIGHTSEEING EXCURSIONS, LOCAL GROUND HANDLING, ETC. WHICH ARE TO OR DO SUPPLY ANY GOODS OR SERVICES FOR MY TRIP. I FURTHER UNDERSTAND THAT TREKAMERICA NEITHER OWNS NOR OPERATES SUCH THIRD PARTY SUPPLIERS AND ACCORDINGLY AGREE TO SEEK REMEDIES DIRECTLY AND ONLY AGAINST THOSE SUPPLIERS AND NOT HOLD TREKAMERICA RESPONSIBLE FOR THEIR ACTS OR OMISSIONS. WITHOUT LIMITATION, TREKAMERICA IS NOT RESPONSIBLE FOR ANY NEGLIGENT OR WILLFUL ACTS OF OTHERS OR FOR ACTS OF GOD OR FORCE MAJEURE, WEATHER EMERGENCIES, BREAKDOWN, OR FAILURE OF MECHANICAL EQUIPMENT, GOVERNMENT ACTIONS, INCLEMENT WEATHER, SICKNESS, ATTACKS BY ANIMALS, AVAILABILITY OF MEDICAL CARE OR THE ADEQUACY OF THE SAME, CRIMINAL ACTIVITY OF ANY KIND, TERRORISM, WAR, CIVIL DISTURBANCE, SANITARY CONDITIONS, QUALITY OR SANITATION OF FOOD, QUARANTINE, CUSTOMS REGULATIONS, EPIDEMICS, STRIKES, HOTEL OVERBOOKING, SAFETY AND/OR SECURITY STANDARDS AT HOTELS OR OTHER ACCOMMODATIONS, ANY PROBLEMS OR INJURIES WHATSOEVER ARISING FROM CUSTOMERS' CONSUMPTION OF ALCOHOLIC BEVERAGES OR ILLEGAL DRUGS OR FOR ANY OTHER REASON BEYOND THE CONTROL OF TREKAMERICA, AND I UNDERSTAND, AGREE WITH, AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF THE RELEASE AND WAIVER OF LIABILITY SET FORTH HEREIN.

XIX. ACKNOWLEDGMENT OF RISK:

I understand and acknowledge that my travel in connection with and participation in the travel or holiday ("holiday" or "Trip") arranged at my request by TrekAmerica may involve risk and potential exposure to injury and possibly death. I specifically acknowledge and recognize the potential for injury and death which can result from my irresponsible and immature use of alcohol and/or illegal drugs in connection with or during this Trip. I also realize and acknowledge that risk and dangers may be caused by the negligence of the owner, directors, employees, contractors, subcontractors, officers or agents of TrekAmerica or the negligence or participation of other participants, contractors and/or subcontractors to TrekAmerica. I also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and other acts of nature. I fully understand and acknowledge that the aforementioned risks, dangers and hazards are a potential in connection with recreational activities which may take place during my Trip.

XX. EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY:

In recognition of the inherent risk of the travels and related activities in which I am intending to engage, I confirm that I am physically and mentally capable of participating in the activity and that I will be mature and responsible in my behavior and particularly in connection with any drug or alcohol use in which I may participate. I am willingly and knowingly electing to participate in this holiday in spite of the potential risk of danger and I willingly and voluntarily assume full responsibility for any injury, loss or damage suffered by me or caused by me, whether caused in whole or in part by the negligence of the owner, directors, agents, officers, employees, contractors or subcontractors of TrekAmerica.

XXI. RELEASE OF LIABILITY:

In consideration of the services and arrangements provided by TrekAmerica, I, for myself and for my heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify TrekAmerica, and its owner, officers, directors, agents, contractors, subcontractors and employees from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during my travel in connection with the scheduled holiday and any activities conducted in conjunction therewith. I SPECIFICALLY UNDERSTAND THAT I AM RELEASING, DISCHARGING AND WAIVING ANY CLAIMS OR ACTIONS THAT I MAY HAVE PRESENTLY OR IN THE FUTURE FOR THE NEGLIGENT ACTS OR CONDUCT OF THE OWNER, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR SUBCONTRACTORS OF TREKAMERICA.

XXII. EXPRESS WAIVER OF ANY RIGHT TO SEEK CON-SEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES:

Regardless of the situation or circumstances giving rise to a claim, I waive any right to seek consequential, punitive or exemplary damages against TrekAmerica its owner, officers, directors, agents, contractors, subcontractors and employees, for any reason whatsoever.

XXIII. MEDICAL AUTHORISATION:

I hereby authorize any medical treatment reasonably necessary for any injury which I incur while participating in this Trip.

XXIV. MEDICAL EXPENSES:

I either have medical insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred by me or on my behalf during such Trip.

XXV. SEVERABILITY:

I agree that if any term set forth in this Agreement is found to be unenforceable, all other terms set forth in this Agreement are severable from the terms that are invalidated.

XXVI. CONFLICT:

In the event of any inconsistency or conflict between the terms of Agreement and any terms or conditions otherwise applicable to the Trip, the terms of this Agreement shall prevail.

XXVII. ACKNOWLEDGEMENT:

MY SIGNATURE ON MY BOOKING FORM, INDICATES THAT I HAVE READ AND UNDERSTOOD THIS DOCUMENT AND ACKNOWLEDGE THAT IT AFFECTS MY LEGAL RIGHTS AND AGREE TO BE BOUND BY ITS TERMS. MY SIGNATURE ALSO SIGNIFIES MY INTENTION TO RELIEVE AND INDEMNIFY TREKAMERICA, ITS OWNER, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND SUBCONTRACTORS FROM ANY LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH WHICH I MIGHT SUFFER DURING MY PARTICIPATION IN THE SCHEDULED TRIP.

Trek America Travel Limited
Grange Mills, Weir Road
London SW12 0NE
United Kingdom
Tel: 0870 444 8735
Fax: 0870 444 8728