Booking Terms and Conditions

Booking Terms and Conditions

Last updated: July 8, 2024. For bookings prior to this date, please refer to the booking terms and condtions in your travel account.

Booking Conditions

 

Deposit

A deposit of 25% is required to secure your booking. This deposit is non-transferable and non-refundable. However, provided you cancel your booking 121 days or more prior to your scheduled departure date, your deposit (less any applicable cancellation fee) will be held as a credit for you.

The cancellation fee and refund provisions of this agreement do not apply to bookings for any guests with valid Active Assurance.

Trip Balance

Your outstanding balance must be paid no later than 120 days before your scheduled departure date. For bookings made within 120 days of your trip, full payment is required within 48 hours of booking confirmation. Failure to pay by the specified due date will result in your booking being canceled and any funds paid being forfeited in full (subject to Cancellation and Refunds below).

We often publish our prices more than a year in advance. Between that time and the time of your trip’s departure, we may be faced with cost increases (for example foreign currency fluctuations, fuel surcharges, and increases in the cost of services etc.), and as a result we may apply a surcharge. If you pay in full at the time of booking, these surcharges will not apply.

Payments made by check will be deemed paid on the date funds are cleared by our bank.

Payment

We accept payments via bank/wire transfer, most credit cards, and checks (checks payable in USD only, made payable to Active Adventures or Austin Adventures, as applicable).

Cancellation and Refunds

Cancellation by You:

121 days or more before trip departure: 100% of payments already made by you, less your deposit, will be refunded. A cancellation fee of 10% of the full booking value will be deducted from your deposit and the balance of your deposit will be held as a credit for you (see Using Your Credit below).

120-91 days before trip departure: The balance of all payments made by you will be refunded after deduction of a cancellation fee of 50% of the full booking value.

90-0 days before trip departure: No refund applies.

The cancellation fee and refund provisions of this agreement do not apply to bookings for any guests with valid Active Assurance.

A cancellation by you will take effect when we receive notice in writing. No refund applies if you depart early from a trip (voluntarily or involuntarily). No refunds will apply for missed or unused services including, but not limited to, accommodation, activities and meals. We strongly recommend comprehensive travel insurance.

Cancellations by Us

We are occasionally required to cancel a trip for reasons beyond our control, including when the minimum number of guests required to operate a trip is not reached. If your trip is canceled, you may transfer to an alternate departure for no additional fee, transfer to an alternative trip (subject to any difference in price) or receive a full refund.

Cancellations due to Force Majeure

In circumstances where a cancellation is necessary due to any conditions or event beyond our control including, but not limited to, natural events, pandemics, border restrictions, terrorism, or political instability, we will endeavor to transfer your booking to an alternative departure or trip, or we will offer a credit to use towards the balance of any new booking.

All credits and refunds will be less any non-refundable expenses incurred by us. If your booking is changed or transferred for any reason, the Booking Conditions in effect on the date your new booking is made will apply. We are not responsible or liable for any additional expenses you may incur because your booking is canceled or changed including, but not limited to, visas, vaccinations, medical expenses, clothing, equipment, testing, quarantine, travel insurance excess or flights.

Change of Trip or Departure Date

You may change your trip and/or departure date, subject to availability, any time up to 120 days before your scheduled departure date. Your revised departure date must be within 12 months of your original scheduled departure date. The following conditions apply:

A change of trip and/or departure will take effect from the date we receive notice in writing. We strongly recommend comprehensive travel insurance which covers cancellation and change penalties.

All credits and refunds resulting from any change of trip and/or departure will be less any non-refundable expenses incurred by us. If your booking is changed or transferred for any reason, the Booking Conditions in effect on the date your new booking is made will apply. We are not responsible or liable for any additional expenses you may incur because your booking is canceled or changed including, but not limited to, visas, vaccinations, medical expenses, clothing, equipment, testing, quarantine, travel insurance excess or flights.

Active Assurance

Active Assurance gives you the flexibility to cancel any time up to 61 days before your scheduled trip departure, and you will receive a full refund (less the cost of Active Assurance). Active Assurance can only be purchased at the time of booking, is non-refundable, and must be purchased for all guests on a booking. Active Assurance cannot be purchased for bookings using Pay In Full - non-refundable rates (see below) or any other promotions offering non-refundable rates.

Using Your Credit

Any credits may be used towards the balance of any new trip booked within 24 months of the date of your original cancellation. Alternatively, your credit may, upon receipt of your written request, be transferred to any one person nominated by you, to be used towards the balance of a new trip booked by them. After 24 months, if no future trip has been booked, credits are forfeited.

Offers and Discounts

Only one offer or discount can be applied per person, per trip departure, at time of booking and cannot be retrospectively applied. Discounts and offers cannot be combined unless otherwise stated or agreed to, including, but not limited to, loyalty dollars, travel vouchers, ‘Pay In Full’ discounts, repeat customer discounts, and ongoing and limited time offers. No specials or discounts advertised or offered after your booking date apply.

Pay in Full - Non-Refundable Rates - 10% Off

Our non-refundable rate discounts require full payment at the time of booking, and your booking is fully non-refundable. The discount only applies to bookings that are scheduled to depart no sooner than 180 days from the date of payment and the ‘Cancellation and Refund (By You)’ and ‘Change of Trip or Departure’ terms and conditions do not apply. If you change or cancel your trip, no refunds will apply. This discount cannot be combined with any other offers. We highly recommend that you purchase Cancel For Any Reason (CFAR) insurance.

You can find details on our Travel Insurance pages on our websites:
https://activeadventures.com/travel-insurance/
https://austinadventures.com/travel-insurance/

Visas and Entry Requirements

It is your own responsibility to obtain any visa(s) and/or entry requirement(s) necessary to travel to, or within, the destination in which your trip operates. We recommend that you consult your airline or travel agent, and/or refer to the CIBT Entry Guide on our websites for more information. We are not liable for any disruption to trips or any associated costs incurred because of you failing to obtain the necessary visa(s) and/or entry requirements.

Travel Insurance

Comprehensive travel insurance is strongly recommended and is mandatory for some trips. Your insurance plan should include full medical cover, emergency evacuation and emergency repatriation. You should also ensure you are covered for trip cancellation and any other issues including flight cancellations or delays, loss of luggage and personal effects, and theft. Our Travel Insurance pages on our websites outline the requirements in more detail along with policy recommendations.

We do not allow you to participate in our trips in the Himalayas, Africa and Latin and South America without adequate travel insurance. You must add your travel insurance information to your ‘My Account’ profile in our online booking system no later than 90 days before departure. If this information is not provided, we reserve the right to cancel your booking, in which case the Cancellations and Refund provisions of these Booking Conditions will apply as if the booking had been canceled by you.

Parties and Application

All references in these Booking Conditions to, “we”, “our” and/or “us” should be taken as referring to the Company. “The Company” refers to Active New Zealand Limited Partnership and its wholly owned subsidiaries and its trading entities: Active Adventures and/or Austin Adventures Inc./Austin Adventures.

 

 

Participation Agreement

Parties and Application

Between: Active New Zealand Limited Partnership and its wholly owned subsidiary and its trading entities: Active Adventures or Austin Adventures, as the case may be, jointly referred to as “the Company”.

And: The traveler named in the booking confirmation “the Traveler”.

All references in this Participation Agreement to, “we”, “our” and/or “us” should be taken as referring to the Company.

All references in this Participation Agreement to, “I”, “you” and/or “my” should be taken as referring to the Traveler.

All Travelers must agree to the Booking Conditions and the Participation Agreement (parents/guardians must agree on behalf of minors).

Introduction

I have carefully read the terms and conditions stated in these pages. In consideration for the right to participate, I agree as follows:

Statement of Understanding

Although the Company has made reasonable efforts to assure my safety while participating in the trip and activities offered, I understand that there are certain risks, dangers, and hazards that are inherent. These include, but are not limited to, physical and mental fatigue, slips, falls, and collisions, encounters with wild animals, varied terrain, altitude-related illness, changing weather conditions, acts or omissions of the public or other participants, accident, or illness in remote areas without the possibility of immediate evacuation or availability of medical supplies or facilities, and accidents occurring during travel associated with the trip. Encountering these risks, dangers, and hazards could result in physical injuries, death, or damage to personal property. I understand that it is impossible for the Company to list in this agreement every inherent risk, danger, or hazard associated with participating. I understand and appreciate, however, that I may encounter these, and other inherent risks, dangers, and hazards not specifically listed in this agreement at any time. I also understand that the trip may include free time. Any activities not included during such free time are undertaken solely at my own risk and therefore the Company, its guides or any other representatives are not liable or responsible for my actions.

I understand that due to the nature of the activities undertaken, for my safety during some of the itineraries (e.g. the African bush) the local guides may be armed (with weaponry) or carry other protective equipment (e.g. bear spray).

Assumption of Risk

I accept and assume all the inherent risks, dangers, and hazards associated with participation, whether known or unknown, including those specifically identified above. I am voluntarily participating with the knowledge of the dangers involved. I therefore release and discharge the Company and its owners, employees, subcontracted activity and service providers, and business partners from liability for bodily injury, death, property damage or theft, and any of the consequences thereof, arising from my participation in the trip. I enter into this release of liability on behalf of myself, and those members of my party who are under 18. I certify that I am the parent or guardian of any such minors.

Provided that nothing in this Statement of Understanding and Assumption of Risks and Release and Indemnity Agreement shall be interpreted as me releasing Active Adventures or its subsidiaries from liability for injuries, damage, death, or other loss to participant or others that may occur within the jurisdiction of the National Park Service and is caused by Active Adventures or its subsidiaries’ negligence, gross negligence, recklessness, or intentional conduct, including but not limited to any negligence with respect to Active Adventures or its subsidiaries’ judgments and decisions, or failure to take reasonable precautions to ensure it provides defect-free equipment.

Transmissible Diseases

As a traveler, I am aware of the danger of highly transmissible diseases such as the COVID-19 virus which are or may be transmitted through personal contact. I am further aware that I could be an unwitting carrier of such a disease and might transmit it to others in my vicinity if proper precautions are not taken. I therefore agree to follow all health and safety protocols and policies implemented by the Company at all times during my travels, including all disease management or control protocols, policies, laws, rules, regulations and mandates enforced by the Company and any local or national jurisdiction that I will travel to. In particular I acknowledge and accept the risk posed to my person and to third parties from traveling to areas where there might be a risk of contracting or being exposed to transmissible diseases, and I waive any claim I may have against the Company and release the Company and its employees, officers, directors, and agents from any and all claims that may vest in myself or my estate which may arise out of my travel with the Company in relation to any such disease, including, but not limited to, my infection or transmission, or risk of transmission, of the disease. In the event that I provide false information to the Company, I waive any claim or defense I may otherwise have related to any harm or damages caused by, related to, or arising out of the provision of such false information, and do agree to indemnify and release the Company, its employees, officers, directors, and agents from any and all claims that may arise out of the same. I do furthermore waive any claim or defense I may otherwise have related to any harm or damages caused by, related to, or arising out of my failure to comply with the health and safety policies, protocols, laws, rules, regulations and mandates enforced by the Company, any local or national government, or any third party vendor in association with the Company, and do agree to indemnify and release the Company, its employees, officers, directors, and agents from any and all claims that may arise out of the same.

Responsibility for Conduct

I accept and assume responsibility for my own negligent or reckless conduct while participating. I understand that the Company accepts and assumes responsibility for its own negligent or reckless conduct. I also understand that the Company has advised me to purchase trip insurance. I acknowledge that the Company can cancel my trip at any time, and/or exclude me from any activity(s), at my expense if I do not adhere to the instructions of a guide or any other person engaged by the Company to conduct any aspect of the trip, or if I am behaving in a manner that could affect the health, safety or wellbeing of others on the trip, including the guides and/or trip leaders. I agree that it’s at the complete discretion of my guide(s) to cancel any activity at any moment if there are concerns for the health, safety and wellbeing of the group or any individual. I accept that there will be no refunds for activities, travel, or any itinerary items missed for this reason.

Fitness to Participate

I have reviewed the trip itinerary/description and have sought and obtained any further clarification that may have been required to ascertain the physical and mental requirements for completing the trip and I confirm that I meet those requirements, and that I will notify the Company immediately if my situation should change either prior to or at any time during the trip. I also confirm that I have fully disclosed any applicable medical conditions that may affect my ability to safely take part in my trip, by completing the medical section in 'My Account’ in the Company online booking system. I also acknowledge that, at the complete discretion of the Company, the Company may cancel my trip at any time or exclude me from any activity if it becomes apparent to the Company, any of its guides, or any contractor responsible for providing any aspects of a trip or activity, at any time prior to or during the trip or activity, that I am likely to be unable to complete the trip or activity without undue risk to the health of myself or others. I accept that there will be no refunds for activities, travel, or any itinerary items missed for this reason.

The Company recommends that I consult with a physician before participating.

Equipment

The Company may provide me with equipment for my use. The Company checks this equipment before each tour; however, I am responsible for checking the equipment upon receipt, that it is suitable for use, as well as alerting guides of any change in the condition of the equipment that may occur during my use. I understand that I am in exclusive control of any such equipment once the Company provides it to me. I acknowledge that I have read the gear list, I agree to adhere to the recommendations, and I will carry or wear what is suggested by the guides throughout the trip and during any activity.

Consent to First Aid

I provide consent, should the need arise, for my guide to administer first aid to me and any minors traveling with me. I fully release, indemnify, and hold harmless the Company from any and all actions, and any and all claims, for damages whatsoever which may hereafter arise as a result of any first aid, treatment in response to a set of signs or symptoms and/or the administration of any medication in response to a medical, implied consent or emergency situation that involves myself or any minors traveling with me.

Health and Safety

I agree to adhere to the Company’s health and safety measures. I also agree to disclose any pre-existing medical condition and/or physical or mental condition, disability, or injury.

Photographs and Filming

The Company reserves the right to take photographs and/or videos of me during the trip. I agree the Company may use any such photographs and/or videos for business purposes without payment or other consideration.

Program Changes

The Company strives to maintain the trip as advertised. On occasion, conditions beyond the control of the Company may necessitate changes, modifications, or alterations to the itinerary; the substitution of accommodations; or the omission or substitution of specific advertised activities. I accept that the Company may make such decisions in its sole discretion and is not responsible or liable for any expenses or losses that may result from those decisions.

Trip Reservation and Details

My payment of the required deposit and execution of this Participation Agreement constitutes consent to all the provisions of the booking conditions and any associated information provided prior to execution, including the itinerary and the provisions contained in this Participation Agreement. The Company provides no warranty, representation or terms and conditions regarding the trip other than those specifically stated in this agreement. I acknowledge that the Company is the tour operator and that I have no contract or agreement with any other person or Company.

Governing Law

This Agreement shall be governed, construed and enforced in all respects in accordance with the laws of:

Privacy

The Company acknowledges the privacy and data protection obligations it owes to its guests under the EU General Data Protection Regulation (“GDPR”), effective 25 May 2018. These updated obligations are expressed in the Company’s Privacy Policy (see https://austinadventures.com/privacy-policy/ and https://activeadventures.com/privacy-policy/ 


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