Your contract is with Antonio Avelar, registered in Portugal, tax number 211081213, under the brand The Ylem Expedition Company, “the company” or “we” in respect of the booking conditions, which apply to all of the expeditions on our website and brochures.
The Guest or “you” – The person whose signature and details appear on the booking form.
The Contract – 1) These conditions of the contract, 2) The specific itinerary for the tour on which the Guest has booked, 3) the application booking form, all of which are hereby incorporated into and shall constitute the entire contract made between the Company and the Guest.
The Date of Departure – the date of commencement of the expedition.
Force Majeure – unusual and unforeseeable circumstances beyond the control of the Company, the consequences of which could not have been avoided, even if all due care had been exercised.
1. The Booking Form and Deposit
1.1 To make a booking for an escorted group tour with the Company the Guest must send a completed booking form and signed waiver with a deposit of 20% (twenty percent) of the total price per guest, used to lock in services such as flights that have to be secured in advance.
1.2 The Contract between the Company and the Guest will be final and binding on both parties with effect from the date that notification of the acceptance of the deposit has been sent by the Company to the Guest.
1.3 We reserve the right for whatsoever reason to return the deposit to the Guest and refuse acceptance of the Guest’s application. The Contract is subject to the following terms and conditions.
2. Balance of Payment
2.1 The Guest will pay the balance of the tour price no less than 60 days before the departure date. If this booking is made less than 60 days before the relevant departure date the Guest must pay the tour price in full on booking.
2.2 In the case of international payments the Guest will ensure that the full Euro or US Dollar amount is received by the Company after all bank charges have been levied.
3. Failure to pay the Balance of Payment when due
If the balance of the monies due from the Guest to the Company is not paid 60 days prior to departure, we will treat the Contract as canceled by the Guest and retain the deposit.
4. Passports, Visas, and Health Matters
Medical vaccinations and passports are entirely your responsibility and must be arranged prior to departure. We can take no responsibility for the cancellation of your expedition in the event that you are not allowed to fly or continue your expedition on these grounds. If you are unable to travel due to not being able to obtain (or not having) the appropriate passport or passport validity, we reserve the right to retain the cost of the expedition.
5. Cancellation by the Guest
5.1 The Guest acknowledges that payment for the expedition is an intrinsic part of the travel Expedition’s income and contributes to the overall cost of equipment, running costs, staffing, administration, etc…, and that the Company will have incurred the largest part of its costs before the actual date of departure. Cancellation by the Guest must be in writing and with supporting documentation to validate the cancellation. Claims should be made by the Guest through the insurance policy contracted by the Company.
5.2 Deposits are non–refundable. If you cancel your booking, cancellation charges will be imposed as shown below:
a) 60 days or more prior to departure – loss of deposit
b) 59-30 days before departure – 50% of tour cost
c) Less than 30 days – 100% of tour cost
All cancellations must be in writing and be made by the person who signed the booking form.
5.3 After the departure date, no refund for any unused portion or part of the expedition or services to be provided will be given. If the Guest of their own volition makes any alterations to or departs from, any portion of part of the expedition, such alteration or departure will be entirely at the Guest’s expense and liability and the Guest will forthwith communicate in writing the reason for leaving the expedition guide.
6. Cancellation by the Company
6.1 We reserve the right to cancel your travel Expedition. However, we will normally not do so unless we are forced to do so by virtue of unforeseen circumstances such as flight cancellations, civil or political unrest, or “force majeure” or on group expeditions where minimum numbers have not been reached.
6.2 In the event of cancellation, we will offer you an alternative expedition of an equivalent price; If this is not acceptable, the payments made to the Company in respect of the expedition (waiving, in this particular case only, the otherwise non-refundable deposits and airfares) will be reimbursed. We do not, however, accept liability for any incidental expenses you may incur as a result of cancellation or for any other loss or damage howsoever caused out of cancellation.
6.3 The minimum number of Guests required for the tour to take place is three. The Company shall notify the guest not less than 60 days prior to departure if the minimum numbers have not been enrolled and the travel Expedition is canceled. In this event, all amounts paid to the company will be reimbursed.
6.4 In the event of an airline canceling a flight, forcing the Company to cancel an expedition, The Company will only reimburse what it can retrieve. The Company provides individual guest insurance to cover any additional losses.
7. Governmental Offices Travel Advice
7.1 The Guest acknowledges that they are responsible to make themselves aware through their respective Foreign Office advice, State Department warnings, and any other sources available to them in regard to the safety of the countries and areas in which they will be traveling and to make their decisions accordingly.
7.2 Whilst we will do our best to inform Guests of relevant changes to governmental travel advice, it is up to the Guest, and not the Company, to know what the governmental travel advice to a certain country, or region of a country, is and to sign a waiver (provided by the Company) to travel there. The Company accepts no liability if the Guest chooses to cancel a booking because of government travel advice. The Company will not normally cancel an expedition simply because the competent government agencies advise against travel.
8. Transfer of Booking by the Guest
8.1 If prior to 60 days before departure, the Guest wishes to transfer from the group tour they have booked to another available one, a transfer fee of 1.000 € (one thousand Euros) is payable and any additional costs incurred by the Company in respect of that charge.
8.2 Any transfer made by the Guest later than 60 days prior to departure will be subject to the Company’s discretion and subject to a 1.000 € (one thousand Euros) fee to cover any additional costs incurred by the Company in respect of that change. If for any reason the Company deems that transfer unfeasible then conditions relating to cancellation by the Guest apply. (see paragraph 5)
8.3 Where the Guest is prevented from proceeding with the travel Expedition, the Guest may transfer the booking to a person who satisfies all the conditions applicable to the expedition, having first given the Company notice as soon as possible of their intention. The Transferee will sign a new booking form, and pay the transfer fee as defined in this clause.
8.4 The Guest and the Transferee shall then be jointly and severally liable to the Company for payment of the balance under Clause 2 above and for any additional costs arising from such a transfer.
9. Changes by the Company
9.1 It is highly unlikely that the Company will have to make any changes to our published itineraries, but the arrangements are planned many months in advance. Occasionally changes may occur without prior notice, which the Company reserves the right to do at any time. A published itinerary constitutes only an indication of what the expedition is planned to accomplish and does not constitute a contractual obligation on the part of the Company.
9.2 The Guest agrees that the nature of the expeditions offered by the Company requires a degree of flexibility and that the contents and timings of the expedition (including the arrival time at the expedition’s destination, changes in route or method of transport) may be materially and consequentially affected as a result of Force Majeure, weather, local political conditions, natural disasters (including landslides, quakes, and severe flooding), strikes, entry or border difficulties, mechanical breakdowns, flight cancellations, sickness or other unforeseen circumstances. You must be prepared to accept this flexibility and to accept that we cannot be held responsible for delays and alterations in the schedule, or for expenses incurred as a result of any delay or alterations arising from any such circumstances.
9.3 When a major change becomes necessary before the tour departure notification of such alterations will be sent to the Guest’s last known address (e-mail or post) as soon as the Company becomes aware.
9.4 If a major change to an itinerary is necessary prior to the commencement of the travel Expedition – including a date change – the Guest will have the choice of either accepting the change of arrangements, taking another available expedition from the Company, or canceling the expedition and receiving a full refund provided that the major change is not due to flight cancellations, civil or political unrest or “Force Majeure” or any other reason beyond the control of the Company, and provided they do so within 14 days of notification.
9.5 However the Company reserves the right to alter itineraries after departure, without refund if it is in the interest of the Guest to do so. No refund or compensation will be payable in respect of any unused hotel accommodation, air tickets, or any other unused services on an expedition.
10. Company and Guest Responsibility
10.1 The Guest’s booking is accepted on the understanding that they realize the potential risks and hazards that can be involved in tours of this kind including injury or death, loss or damage to property, discomfort, and inconvenience.
10.2 Accommodation: We do our best to provide the safest and highest quality accommodation option possible, however, the Guest’s booking is again only accepted on the understanding that safety and quality standards in the developing world are not the same as in developed countries, and things like fire escapes are often not available.
10.3 Mode of transport: For each tour, The Ylem Expedition Company will use locally arranged transport including jeeps, coaches, buses, trains, rivercraft, or helicopters as shown in the specific tour itinerary.
a) The Guest agrees that the obligation of the Company to the Guest is to select competent, independent sub-contractors to provide reasonable transport given local conditions and any other services related to the travel Expedition and to exercise the utmost care in selecting such suppliers.
b) The Guests booking is accepted only on the understanding that safety standards in the developing world are not the same as in developed countries and that things like safety belts are often unavailable.
10.4 Where the Guest does not suffer a personal injury and is not as a result of “Force Majeure”, the Company accepts liability should any part of the expedition arrangements booked with the Company not be supplied as described in the itinerary. In addition, we do not accept liability for compensation should there be no fault on the part of the Company or its suppliers and the reason for the failure in the expedition arrangements was the Guests fault, the actions of someone unconnected with the expedition arrangements or could not have been foreseen or avoided by the Company or its suppliers even if all due care had been exercised. Where the Guest does suffer personal injury or death as a result of an activity forming part of the expedition arrangements booked with the Company, the same rules apply.
10.5 Our responsibility does not start until you meet the group at the designated start point overseas; usually the airport in the city at the start of the trip. We are not responsible for any additional expenses incurred by you in getting to the meeting point.
11. Travel Insurance
11.1 The Company will effect and maintain sufficient and appropriate cancellation, curtailment, medical expenses, and third party liability insurance in respect to the Guest, and insurance to cover loss of, damage to, or theft of the Guests baggage, no later than the date on which the balance payment is due. The expedition is a journey of a sometimes hazardous nature and the Guest must be satisfied that such insurance fully covers all personal requirements including medical expenses, repatriation, illness, or death.
11.2 The insurance policy and the receipt of premiums paid there will be produced to the Guest prior to departure and to the expedition guide on day one of the expedition. If circumstances give rise to a claim, the Guest will forthwith pursue his remedies under such policy(ies).
11.3 The Guest will also produce to the Company prior to departure the details of the name, address, and telephone numbers of their next of kin or persons to be notified in the event of an emergency.
11.4 The insurance cover should extend for the planned duration of the expedition and at least an additional day.
12. Acceptance of Risk
The Guest acknowledges that there is a significant element of personal risk in participating in this travel Expedition. The Guest accepts and consents to the personal risks inherent in the implementation of this contract, and accepts the limitations of the Company’s liability set out herein as being reasonable. The Company reserves the right at any time to require the Guest to produce a doctor’s certificate certifying that the Guest is fit to participate in the expedition.
13. Company Expedition Leader
The Company will appoint the travel Expedition Leader(s) who will represent the Company, and the Guest agrees to accept the decisions of the travel Expedition Leader who shall have absolute discretion and authority to secure implementation of the Company’s obligations under the Contract. If your physical condition or behavior is such as to affect the well-being of yourself or other members of the group, you may be asked to leave the expedition without recourse to refund or other compensation.
14. Compliance with Legislation
The Guest will comply at their expense and their liability with all legislation, visa requirements, and immigration, customs, and foreign exchange regulations of the countries visited. Should there be any failure to comply or any contravention by the Guest of such laws, requirements, or regulations, subject to the provisions of this contract, the Company shall have the right to require the Guest to leave the expedition without recourse to refund or other compensation.
15. Complaints
15.1 We will always endeavor to resolve a complaint as it arises. In order to do this, we need to be made aware of the complaint. The Guest agrees to the following procedure:
a) The Guest will ensure at the earliest opportunity any perceived failure in the performance, or improper performance in the Contract, whether by the Company or its suppliers, is communicated to the Company’s Expedition Leader or the Company’s Head Office as soon as possible. The Company and the Guest will then make prompt efforts to resolve the complaint.
b) The Guest agrees to give written details of any unresolved serious complaint to the Expedition Leader.
c) In the event that the complaint remains unresolved then the Guest agrees to set out their complaint in writing to the Company within 7 days of completion of the expedition.
15.2 The Guest agrees that these provisions are reasonable and that any failure by the Guest to comply with them will, at the Companies discretion, exclude any rights arising out of this contract.
16. General Conditions
16.1 No persons, save with the express permission in writing of The Ylem Expedition Company has the authority or is empowered to waive or vary any of these conditions.
16.2 The Guest acknowledges that prior to the contract they have been given general information on passport and visa requirements for the tour and of the health formalities required, and knows of no reason that would cause the Guest to be unable to comply with these requirements.
16.3 This contract shall be construed in accordance with European Union law and the parties irrevocably submit to the exclusive jurisdiction of the European Courts to settle any disputes, which may arise out of or in connection with this contract.
