Terms and Conditions (last updated 3/31/2017)

The following Booking Conditions together with the General Information contained on our website form the basis of your contract with Global Backpacking, LLC, 2214 E 17th Ave.,#9, Denver, CO 80206. Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions and agree to them.

Except where otherwise stated, these booking conditions only apply to tours which you book with us, and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these booking conditions to “booking”, “contract”, “package”, “tour” or “arrangements” mean such tour arrangements unless otherwise stated.

In these Booking Conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them, as the context requires. “We”, “us” and “our” means Global Backpacking, LLC.

1.Making your Booking

The first named person on the booking (“party leader”) must be authorised to make the booking on the basis of these booking conditions by all persons named on the booking and by their parent or guardian for all members who are under 18 when the booking is made. By making a booking the party leader confirms that he/she is so authorised and that all party members agree to be bound by these Booking Conditions. The party leader is responsible for making all payments due to us. The party leader must be at least 18 when the booking is made.

Subject to the availability of your chosen arrangements, we will confirm your tour by issuing a confirmation invoice.

The confirmation invoice will be sent to the party leader. Please check this carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation, acknowledgement or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies in any document within 24 hours of you receiving it. We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so.

  1. Payment

In order to confirm your chosen tour, a deposit amount advised to you by your reservation agent (or full payment if booking within 30 days of departure) must be paid at the time of booking.

The balance of the tour cost must be received by us not less than 30 days prior to departure. This date will be stated on your confirmation invoice. Reminders may not be sent prior to the due date. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we reserve the right to treat your booking as cancelled by you. In this case, we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 6 depending on the date we reasonably treat your booking as cancelled.

Please note: Global Backpacking, LLC accepts payment via credit and debit card and Paypal. Online payment is securely handled by Paypal and/or Stripe.

  1. Your contract

A binding contract between us comes into existence when we dispatch our confirmation invoice to the party leader. We both agree that the laws of the United States of America (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (“claim”) (except as set out below. We both agree to resolve any disputes via arbitration using a third party arbitrator.

  1. The cost of your tour

Please note, changes and errors occasionally occur. You must check the price of your chosen tour at the time of booking. The prices shown on our website were calculated on 17 March 2017 on the basis of then known costs.

We reserve the right to increase or decrease the prices of unsold tours at any time. We also reserve the right to make changes to and correct errors in advertised prices at any time before your tour is confirmed.

Once the price of your chosen tour has been confirmed, then, subject to the correction of errors, we will only increase or decrease the price in the following circumstances. Price increases or decreases after booking will be passed on by way of a surcharge or refund. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, if our costs increase or decrease as a result of transportation costs or dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports or airports increasing or decreasing or our costs increase or decrease as a result of any adverse or favourable changes in the exchange rates which have been used to calculate the cost of your tour.

Even in the above cases, only if the amount of the increase in our costs exceeds 2% of the total cost of your tour (excluding insurance premiums and any amendment charges), will we levy a surcharge. If any surcharge is greater than 10% of the cost of your tour (excluding insurance premiums and any amendment charges), you will be entitled to choose one of options (a), (b) and (c) as set out in clause 8 below.

You have 14 days from the issue date printed on the surcharge invoice to tell us if you want to choose option (b) or (c) as set out in clause 8 below. If you do not tell us that you wish to choose either of these options within this period of time, we are entitled to assume that you do not wish to do so and will pay the surcharge. Any surcharge must be paid with the balance of the cost of the tour or within 14 days of the issue date printed on the surcharge invoice, whichever is the later. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

We promise not to levy a surcharge within 30 days of departure.

  1. Changes by you

Should you wish to make any changes to your confirmed tour, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can assist, an amendment fee of $50 per person/per booking will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers or any third party. Please note: For flight inclusive bookings, you must pay the charges levied by the airline concerned. As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the flight

  1. Cancellation by you

Should you or any member of your party need to cancel your chosen tour once it has been confirmed, the party leader must immediately advise us in writing. Your notice of cancellation will only be effective when it is received by us in writing at our offices. If you notify us by email you should receive a reply within 24 hours; if you do not receive one you should assume your email has not been received and must contact us again immediately.

As we incur costs from the time we confirm your booking, the following cancellation charges will be payable. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling excluding booking fees, insurance premiums, amendment charges and any discounts given by us. Booking fees, insurance premiums and amendment charges are not refundable in the event of the person(s) to whom they apply cancelling.

Cancellation Charges

Number of days notice Amount of you must pay
106 Days + Loss of Deposit
42-105 Days 50% of tour cost*
28-41 Days 70% of tour cost*
8-27 Days 90% of tour cost*
0-7 Days 100% of tour cost*
(*or deposit if greater)

Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned.

For all bookings, where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/ or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly.

If any member of your party is prevented from travelling, the person(s) concerned may be able to transfer their place to someone else (introduced by you) providing we are given reasonable notice before departure. Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result together with an amendment fee of $50 must be paid before the transfer can be made (see also clause 5 above).

  1. Insurance

We consider adequate travel insurance to be essential. Please read your policy details carefully and take them with you on your tour. It is your responsibility to ensure that the insurance coverage you purchase is suitable and adequate for your particular needs. We do not check alternative insurance policies.

  1. Changes and cancellation by us

We start planning the tours we offer many months in advance. Occasionally, we have to make changes to and correct errors in website and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always

endeavour to avoid changes and cancellations, we must reserve the right to do so.

Most changes are minor. Occasionally, we have to make a “significant change”. “Significant changes” are likely to include those in the table below. If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:-

(a) (for significant changes) accepting the changed arrangements or

(b) cancelling with a full refund and purchasing an alternative tour from us, of a similar standard to that originally booked if available (if the chosen alternative is less expensive than your original one, we will refund the difference but if it is more expensive, we will ask you to pay the difference) or

(c) cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us. Please note, the above options are not available where any change made is a minor one.

If we have to make a significant change or cancel before departure, we will pay you the compensation set out below subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time).

Significant changes & cancellation Compensation Scale
Cancellation by us excluding force majeure A
Changing the US airport you fly from or to one which is more inconvenient for you (except where the change is from one airport to another in the same city) A
Changing the date you leave the US A
Changing the time of your flight by more than 12 hours A

These scales are based on the number of days before your departure we tell you about a ‘Significant Change’ or cancellation, but see Section 9 about ‘Events Beyond Our Control’.

Amounts are per full-fare-paying adult.

Number of days Scale A Scale B
More than 105 days $20 $0
42-105 days $30 $10
28-41 days $40 $20
8-27 days $50 $30
0-7 days $60 $40

Please note that these options are not available if the change made is a minor one. In all cases, our liability for significant changes and cancellations is limited to offering you the above mentioned options and, where applicable, compensation payments. We regret we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation. No compensation is payable for minor changes Very rarely, we may be forced by “force majeure” (see clause 9) to change or terminate your tour after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.

  1. Force Majeure, events beyond our control

Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage or loss (as more fully described in clause 10(1) below) as a result of “force majeure”. In these Booking Conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.

  1. Our Liability to you

 (1) We promise to make sure that the tour arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).

(2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: – the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or – the act(s) and/or omission(s) of a third party not connected with the provision of your tour and which were unforeseeable or unavoidable or – ‘force majeure’ as defined in clause 9 above.

(3) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised on our website and we have not agreed to arrange them and any excursion you purchase in resort. In addition, regardless of any wording used by us on our website or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.

(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the USA which would have applied had those services been provided in the USA . The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable tour maker to refuse to take the tour in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 10(1). We do not make any representation or commitment that all services will comply with applicable local laws and regulations and failure to comply does not automatically mean we have not exercised reasonable skill and care.

(5) As set out in these booking conditions we limit the maximum amount we may have to pay you for any claims you may make against us. Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is $50 per person affected unless a lower limitation applies to your claim under this clause or clause 10(6) below. You must ensure you have appropriate travel insurance to protect your personal belongings. For all other claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the price you paid us for your tour. (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 10 (6) below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your tour.

(6) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Athens convention for international travel by sea (as amended by the 2002 protocol where applicable) and COTIF, the Convention on International Travel by Rail)). Please note: Where a carrier or hotel would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question. Copies of the applicable International Conventions and Regulations are available from us on request.

(7) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses.

(8)You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 12 below. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.

  1. Complaints and problems

In the unlikely event that you have any reason to complain or experience any problems with your tour whilst away, you must immediately inform our local representative or agent and the supplier of the service(s) in question. Any verbal notification must be put in writing and given to our representative/agent and the supplier as soon as possible. If we do not have or you cannot contact our local representative or agent and any complaint or problem is not resolved to your satisfaction by the supplier, you must contact us in the USA using the contact details we have provided you with during your tour, giving us full details and a contact number. Until we know about a complaint or problem, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us within 28 days of your return to the USA giving your booking reference and full details of your complaint. Only the party leader should write to us. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause. If you fail to follow this simple complaints procedure, your right to claim any compensation you may otherwise have been entitled to may be affected or even lost as a result.

  1. Behaviour and damage

When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid direct at the time to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.

We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the tour of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.

  1. Conditions of suppliers

Many of the services which make up your tour are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions (see clause 10 (6)). Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.

  1. Special requests and medical conditions/disabilities/reduced mobility

If you have any special request, you must advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.

We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests.

If you or any member of your party has any medical condition or disability which may affect your tour or has any special requirements as a result of any medical condition or disability (including any which affect the booking process) or any mobility concerns, please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements, discuss your requirements, and/or assist making the booking. In any event, you must give us full details in writing at the time of booking and whenever any change in the condition, disability or your mobility occurs. You must also promptly advise us if any medical condition, disability or reduction in your mobility which may affect your tour develops after your booking has been confirmed.

Note that some travel providers, especially cruise lines, have a strict policy in respect to allowing pregnant women to travel once she has entered a specific stage of pregnancy – typically 24 weeks or beyond at any point in the cruise. You must inform us if you, or any member of your party is pregnant or becomes pregnant prior to travel.

  1. Passports, visas and health requirements

All Global Backpacking tours require a valid US Passport. All passports must be valid for a minimum of 6 months past date of travel. Requirements may change and you must check the up to date information in good time before departure. A full US passport presently takes approximately 2 to 6 weeks to obtain. If you or any member of your party is 16 or over and haven’t yet got a passport, our recommendation is that you should apply for one at least 12 weeks before your tour. The US Passport Service has to confirm your identity before issuing your first passport and will ask you to submit your birth certificate and other sensitive documentation. If you or any member of your party is not a US citizen or holds a non US passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel.

It is your responsibility to ensure you are aware of all recommended vaccinations and health precautions in good time before departure. Details are available from your doctor or from the U.S. Department of State at https://travel.state.gov/content/travel/en.html. It is the party leader’s responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.

  1. Prices and Website Accuracy

Please note, the information and prices shown on our websites may have changed by the time you come to book your tour. Whilst every effort is made to ensure the accuracy of the websites and prices, regrettably errors do occasionally occur. You must therefore ensure you check all details of your chosen tour (including the price) with us at the time of booking.

  1. Delay

In the event of any flight delay or cancellation at your US or overseas point of departure, the airline is responsible for providing such assistance as is legally required by the Denied Boarding Regulations (see below). The ferry, tunnel or rail operator is similarly responsible in relation to any delayed or cancelled sea crossing or international rail departure. Except where otherwise stated on our website, we regret we cannot provide any assistance in such circumstances other than information and advice to the extent we are in a position to do so. We regret we are not in a position to offer you any assistance in the event of delay at your outward or homeward point of departure. Any airline concerned may however provide refreshments etc. We cannot accept liability for any delay which is due to any of the reasons set out in clause 10(2) of these Booking Conditions (which includes the behaviour of any passenger(s) on the flight who, for example, fails to check in or board on time). In addition, we will not be liable for any delay unless it has a significant effect on your tour arrangements.

If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, depending on the circumstances, the airline may be required to pay you compensation, refund the cost of your flight and/or provide you with accommodation and/or refreshments under 14 CFR 250.5. Where applicable, you must pursue the airline for the compensation or other payment due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations. If, for any reason, we make any payment to you or a third party which the airline is responsible for in accordance with the Denied Boarding Regulations, you must, when requested, assign to us the rights you have or had to claim the payment in question from the airline. If your airline does not comply with these rules you may complain to the Aviation Consumer Protection Division (ACPD) by phone at 202-366-2220 or online at https://airconsumer.dot.gov/escomplaint/ConsumerForm.cfm.

  1. Safety standards

Please note, it is the requirements and standards of the country in which any services which make up your tour are provided which apply to those services and not those of the USA. As a general rule, these requirements and standards will not be the same as the USA and may sometimes be lower.

  1. Flights

We are not always in a position at the time of booking to confirm the flight timings which will be used in connection with your flight. The flight timings shown on our website and/or detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. Flight timings are outside our control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time.

The flight timings given on booking are for general guidance only and are subject to change. Specific instructions relating to departure and travel arrangements will be sent with your air or other travel tickets approximately 2 weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been dispatched – we will contact you as soon as possible if this occurs. Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions

  1. Publicity and Image Rights

All photos taken by the company during a tour are the company’s property and may be used for marketing purposes without the customer’s permission.

  1. Email Communications Policy

You agree to receive emails from the company about reservations, company updates, special offers, etc. Your email or personal data will never be sold to any third parties.

  1. Refer-a- Friend program

All individuals participating in the refer-a-friend program must refer 8 or more individuals to book a trip with Global Backpacking and confirm it by paying the tour deposit. All deposits must be paid in advance in order to secure your travel space. All individuals taking advantage of the refer-a-friend program will be eligible for free travel after referring 8 or more individuals for a Global Backpacking group tour. The free travel space must be used on the same trip of the referred travelers unless prior arrangements have been made in writing with Global Backpacking, LLC. Individuals traveling with the refer-a-friend program are responsible for paying all taxes, fees, and surcharges incurred with their travel booking. All fees must be paid within 15 days of travel in order to qualify for refer-a-friend program. Any individual who has an outstanding balance within 15 days of travel forfeit their right to the refer-a-friend program travel incentive.

These terms and conditions may be changed at any time without prior notice.

The copyright in this document belongs to MB Solicitors Limited, trading as mb Law, Studio 3 The Quays, Concordia Street, Leeds LS1 4ES. Ref: CGI. All copies of these conditions must include the words ã Mason Bond Solicitors.