Terms and Conditions apply to any travel products and/or services you have booked with or purchased from Off Limits, and govern the contractual relationship between you and Off Limits with respect to any such travel products and/or services (hereinafter, the “Products”). Please read these Terms carefully as by booking any Product with Off Limits, or by travelling with Off Limits tour or Product you acknowledge that you: i) have read and understand these Terms, and ii) indicate your express acceptance of and agree to be bound by these Terms. If you have confirmed a booking on any Products with more than one client named and booked on such booking, you shall be deemed to have accepted these Terms and Conditions (the “Terms”) on behalf of all clients named in the booking (including minors and those under a disability) and travelling on or otherwise participating in any Products (hereinafter “you”, the “Client(s)”), and by such travel or participation all passengers indicate their assent to these Terms. The client who confirmed the booking is deemed to be the designated contact person for all other clients named in such booking. These Terms constitute the entire agreement between the Client and Off Limits with respect to the subject matter thereof and supersedes all prior agreements, representations and understandings of the parties, written or oral.
1. THE BOOKING CONTRACT
A booking is confirmed and these Terms shall apply when Off Limits, or an authorised agent acting on Off Limits behalf, have received the applicable deposit from the Client and the Client has received written confirmation from Off Limits of such booking. The Client confirming the booking must be no less than 18 years of age and agrees to provide full, complete and accurate information as requested by Off Limits to confirm such booking. Any Client confirming a booking on any Products with more than one Client named and booked on such booking represents and warrants to Off Limits that: i) they have all requisite consents and authority to make such booking on behalf of all other Clients named on the booking, and have communicated all necessary information to the other Clients in order for them to give free and fully informed authorization to do so; ii) the information that they are providing regarding all clients is complete and accurate, and they have obtained all necessary consents and permissions to share such information with Off Limits for the purposes of completing the booking; and iii) they will inform all other named Clients on the relevant booking of the applicability of these Terms to the booking and the Clients’ relationship with Off Limits.
At any time before a booking is confirmed, Off Limits reserves the right to increase or decrease brochure prices of any Products. Off Limits or their agents reserve the right to decline any booking, in their sole discretion.
2. MEDICAL FORM
All Clients are obligated to review the Off Limits Medical Information form, as provided by Off Limits. If you have difficultly completing the Medical Form or are unsure about how to respond to any of the questions, please have the form reviewed by a competent medical practitioner. Off Limits cannot offer advice of a medical nature. If a Clients indicates on the Medical Form that
they have any pre-existing medical conditions (as defined on the Medical Form), that Client must return a Medical Form, duly signed by a licensed, competent and practicing physician, to Off Limits prior to or in conjunction with that Client’s final payment in respect of the applicable booking. All Clients travelling on any other trip designated by Off Limits as an “Expedition Trip” (together, “Expedition Trips”) must return a Medical Form, duly signed by a licensed, competent and practicing physician, to Off Limits prior to or in conjunction with that Client’s final payment in respect of the applicable booking. The Client acknowledges that they understand that the honest completion of the Medical Form is critical, partially because the destinations visited on Off Limits’ Products may be remote, isolated, and far removed from medical care facilities, or may not have facilities of the standard the Client is accustomed to in their home country. The Client therefore agrees to complete the medical form honestly, accurately and represents and warrants to Off Limits that they will disclose all medical history and information accurately and fully. Off Limits will review the information submitted, and will maintain the information in strict confidence, in accordance with the Off Limits Privacy Policy. Off Limits reserve the right to request proof or further information or professional medical opinions in certain instances where it is deemed in the best interests of the Client or necessary for the safe operation of the Products. In the event there is a dispute between Off Limits and the Client in regard to the Clients’ physical or mental suitability for a trip, the matter will be referred to a medical professional at the Client’s sole expense. Off Limits reserves the right to deny any Client permission to travel or participate in a Product where Off Limits, acting reasonably, deems necessary with regard to the health and safety of the booking Client, any other Clients travelling with Off Limits, or Off Limits staff or representatives, and may use information provided in the Medical Form, expert opinions, and other information in formulating such decision. Off Limits will provide a written explanation for any such decision upon request from the Client. In the event the Client has made a booking with Off Limits and subsequently is unable to complete the required medical form for any reason by the deadline indicated above, Off Limits reserves the right to treat such Client’s booking as cancelled, and all applicable cancellation fees shall apply.
3. MEDICAL CONDITIONS AND SPECIAL REQUIREMENTS
All Clients should consult their physician regarding their fitness for travel, and adventure travel in particular. Off Limits encourages all Clients to seek their physician’s advice regarding necessary or advisable vaccinations, medical precautions, or other medical concerns regarding the entirety of the Client’s travel with Off Limits. Off Limits does not provide medical advice. In addition to the obligation to review, and if applicable, complete the Medical Form described above, Clients must notify Off Limits in writing prior to the due date of their final payment for their booking of any medical conditions, pregnancy, disability or any other mental and or physical condition which may impact the Client’s fitness to travel, and/or any continuing medical condition. Full disclosure of such information is a condition of traveling on any Product or in any capacity with Off Limits. Certain Products may not be suitable for all people due to restrictions posed by limitations in mobility, physical or cognitive disability, pregnancy or various other physical or mental conditions. It is the Client’s responsibility to assess the risks and requirements of each Product in light of such Client’s limitations, physical and mental fitness and condition, and any medical requirements or issues of such Client. Off Limits may refuse to carry pregnant women over 24 weeks or Clients with certain conditions, if suitable accommodation or alternate
Products or services cannot be arranged. Adventure travel, as offered by Off Limits, by its nature involves visiting remote or less developed regions, where medical facilities may not meet the standards of those found in a Client’s home country. The condition of medical facilities in the countries in which Off Limits operates varies and Off Limits makes no representations and gives no warranties in relation to the standard of such facilities or medical treatment in those regions. Off Limits will endeavour to accommodate the special requests of Clients, such as dietary and accommodation requests, but such requests do not form part of these Terms or the contract between Client and Off Limits and Off Limits is not liable for any failure to accommodate or fulfil such requests.
4. PAYMENT SCHEDULE/ACCEPTANCE OF BOOKING/CLIENT DETAILS
Tours and Tailor Made Tours: (a) Payment: Clients should refer to the confirmation invoice sent by Off Limits and/or its authorised agent and/or their applicable confirmation email for details regarding the payment for any Products booked. 50% of the payment will be paid in advance and the 50% of the payment for any Product will be paid 1 week before arrival date. (b) Client Details: As a condition to valid confirmation of any booking with Off Limits the Client must provide all necessary information as requested by Off Limits along with their final payment. If the Client fails to provide such information prior to 60 days before the departure of the purchased Product, an Administrative Fee will be charged to the Client, and Off Limits reserves the right to treat such booking as cancelled and levy any cancellation fees deemed reasonable by Off Limits, in its sole discretion. The information required from each Client will vary tour by Product purchased, and the requirements will be communicated to the Clients, or toOff Limits’ authorised agent, during the booking process. (c) Credit Card Charges: Off Limits is not responsible for any charges levied or charged by third parties and/or financial institutions and payable by the Client as a result of credit card or other payment transactions in connection with the purchase of Products and will not refund or return any fees charged by such third parties in connection with payments made by Clients to Off Limits.
5. CANCELLATION BY THE CLIENT
Cancellation Terms for Day Tours:
Unless otherwise set out below, the following cancellation terms apply to all Day Tours:
(a) Cancellation 8 days or more before departure: you will receive a full refund in respect of cancelled Day Tours.
(b) Cancellation 4-7 days or more before departure: an amount equal to 50% of the payments made to the Tour Operator in respect of the cancelled Day Tour will be refunded.
(c) Cancellation 3 days or less before departure: No refund will be payable in respect of any cancelled Day Tours.
Cancellation Terms for Multi-Days Tours:
Any cancellation of a booking and/or a Product by a Client must be delivered to Off Limits in writing and be acknowledged by Off Limits in writing. The applicable cancellation fees shall be determined with reference to the date on which the request to cancel is received by Off Limits or its Agents and are expressed hereinafter as a percentage of the total price paid for the cancelled Product, excluding any insurance products.
Cancellation for Tour Product and Tailor-made Tour Product:
· i) Cancellation received 30 days before departure of first Product to depart in relevant booking: Lifetime Deposit shall be held by Off Limits in accordance with the terms hereof, an amount equal to 50% of the remainder of the payments made by the Client to Off Limits in respect of the cancelled Product shall be refunded to the Client.
· ii) Cancellation less than 30 days before departure of first Product to depart in relevant booking: Lifetime Deposit shall be held by Off Limits in accordance with the terms hereof, and no further refund shall be payable to the Client. Custom or FIT trips may be subject to alternative cancellation terms, which will be communicated to applicable Clients at the time of booking.
6. CANCELLATION OF A TOUR BY OFF LIMITS ALBANIA
Off Limits will not cancel a booking on any Tour Product once confirmed, in accordance with these Terms, except for reasons of ‘Force Majeure’, which shall be defined as unusual or unforeseen circumstances outside of the reasonable control of Off Limits. When a tour is cancelled by Off Limits before the agreed date of departure for reasons not arising from the fault or negligence of or within the reasonable control of the Client, the Client shall have the choice of:
· (i) accepting from Off Limits a substitute tour Product of equivalent or superior value, where such substitute is reasonably available; or
· (ii) accepting from Off Limits a substitute tour of lower value if no tour of equivalent or superior value is reasonably available, and to recover from Off Limits the difference in price between the price of the tour originally purchased and that of the substitute tour; or
· (iii) accept from Off Limits a full refund of all monies paid for the cancelled tour Product(s).
Off Limits is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the cancelled booking such as visas, vaccinations, non-refundable flights, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. Off Limits reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where after departure a significant element of the Product(s) as described cannot be provided, Off Limits will make suitable alternative arrangements for the continuation of the trip Product(s). If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, Off Limits will provide the Client a refund of unused Products or Product portions.
7. UNUSED SERVICES
Neither Off Limits nor its authorised agents shall offer or pay any discounts or refunds for missed or unused services which were missed or unused by the Client due to no fault of Off Limits, its agents, or representatives, which shall include any termination of the Client’s participation in the tour Product due to the Client’s own fault, negligence or breach of these Terms.
8. PRICES, SURCHARGES AND TAXES
Due to the nature of Adventure travel and the prices of the resources on which it depends, the published price of any Product is subject to change at any time, before or after booking confirmation, up to 30 days before the departure of such Product. After a Confirmation Invoice has been issued by Off Limits to the Client, Off Limits reserves the right to impose surcharges on any Product(s), but only for reasons arising from increases in transportation costs, fuel costs, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airport charges, currency and exchange fluctuations, increases in taxes, or government action which impacts the price of the applicable Product(s), but only where the increase in question is greater than 2% of the original price paid for the Product. Off Limits shall provide notice to the affected Client as soon as reasonably possible upon learning of the necessity to impose a surcharge in accordance with this section.
Where the increase in price is greater than 7% of the price of the applicable Product, upon receiving notification from Off Limits the affected Client(s) may elect to either:
· (i) cancel the applicable Product booking without incurring any penalty; or
· (ii) accept the change of price.
The Client must notify Off Limits of their election within 14 days of receipt of notice of the increase, or they shall have been deemed to have accepted the price change and have accepted liability for payment of the increase.
Tours are priced and advertised exclusive of applicable sales taxes and such taxes will be advised to Client by at time of booking and itemised on subsequent invoicing.
9. VALIDITY
The prices of Products advertised in Off Limits’ brochures and on the Off Limits website are based on costs in effect at time of printing the brochure or posting to the website. Off Limits reserves the right to alter prices of any Product at any time prior to receipt of payment in full for such Product. Changes, revisions, or other amendments may be made to the particulars contained in any Off Limits brochure or on the Off Limits website before a contract is concluded, and such changes, revisions or amendments shall be incorporated herein as of the date of such amendment.
10. FLEXIBILITY
The Client acknowledges by booking a Product and/or agreeing to travel with Off Limits that the nature of this type of travel requires considerable flexibility and acknowledges that they will permit reasonable alterations to the Product and/or itinerary by Off Limits. The Client acknowledges their understanding that the route, schedules, itineraries, amenities and mode of transport may be subject to change without prior notice due to circumstances or events, which may include sickness or mechanical breakdown, incidents in the location where the Product will be operated, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances which are beyond the reasonable control of Off Limits.
11. AIRFARE
Product tour prices do not include international air fare or any other flights unless expressly mentioned in the inclusions. (a) Quotes: All quotes are in European Euro, unless otherwise stated. Off Limits will quote the best price available at the time of quoting for the travel dates requested. Quotes provide an indicative price only, and represent no price commitment by Off Limits. (b) Options: The Client may hold an option on a flight with Off Limits. This option guarantees the seat at the quoted price for the same business day. After close of business that day (5pm EST, Monday to Friday) if the option is not confirmed, the option is deemed to have expired and is no longer valid. (c) Price changes: Off Limits reserves the right to change prices in the event of any price increase for any reason including, but not limited to, airfares wrongfully quoted due to system error, the price of fuel and/or currency fluctuations or government taxes or levies, or any other cause whatsoever. (d) Full payment: Full payment must be received by Off Limits before the option period described in (b), above, expires to guarantee the reservation at quoted price and secure applicable tickets. By making full payment, the Client agrees that they accept the air travel arrangements as requested at the total price quoted. Cancellation fees will apply if the Client subsequently decides to cancel after any ticket has been issued. (e) Flight reconfirmation: Client is responsible for confirming flight times, numbers, and details at all times to ensure a timely departure. Off Limits is not responsible for any change to airline schedules or flight numbers after tickets have been issued. Clients may contact appropriate airline or airport information sources in order to obtain relevant up to date flight information. (f) Airline, airport or weather delays: Off Limits is not responsible for any additional expenses or loss that may arise from airline, airport or weather delays. Off Limits will not reimburse for any additional expenses incurred by the Client as a result of such events or delays. Off Limits will not refund any unused portion of air tickets purchased in the event of such delays or due to any reasons beyond its direct control.
12. ACCEPTANCE OF RISK
The Client acknowledges that the nature of Product tours is adventurous and may involve a significant amount of risk to Clients’ health and/or safety. The Client hereby assumes all such risk and does hereby release Off Limits from all claims and causes of action arising from any damages or injuries or death resulting from these risks inherent in travel, visiting foreign
destinations, and participating in adventurous activities such as those included in Product itineraries.
Accommodation, transportation, activities and excursions, and other components of Off Limits’ Products will be arranged by Off Limits with suppliers local to the region where the Product operates, who may themselves engage the services of local operators and/or sub-contractors. Standards of hygiene, accommodation and transport in some cities where Product tours take place are often lower than comparable standards than what the Client may reasonably expect in their home country or region. Off Limits at all times endeavours to appoint reputable and competent local suppliers and to comply with all applicable laws and regulations concerning health and safety in the regions where Product tours operate. The terms and conditions of all suppliers of Product components will be applicable to the Product component provided by such supplier and are expressly incorporated into these Terms and Conditions. These may limit or exclude liability of the supplier. The liability of Off Limits will not exceed that of any supplier of any Product component. The components that make up each Product tour shall be regarded as having been satisfactorily performed and delivered solely in reference to the regulations and laws concerning health and safety in the applicable jurisdiction where such component is operated…
13. AUTHORITY ON TOUR & CLIENT RESPONSIBILITY
At all times the decision of Off Limits’ Tour Leader or other designated representative will be final on all matters regarding safety and well-being of Clients and operational requirements of the Product tour. By travelling with Off Limits, the Client agrees to abide by the authority of the Tour Leader or designated representative. The Client must at all times strictly comply with all applicable laws and regulations of all countries and regions visited on the applicable Product tour. If the Client is affected by any condition, medical or otherwise, that might affect Client’s ability to travel or participate in adventure travel activities, Client’s enjoyment of the Product tour being booked, the ability to travel or enjoyment of any other Clients on the Product tour, or the treatment to be administered to the Client in any emergency situation, the Client must advise Off Limits at the time of booking and complete a medical form provided by Off Limits, along with any other documents reasonably requested by Off Limits to ensure the health and safety of all Clients who travel with Off Limits.
Should the Client fail to comply with the above or commit any illegal act when on the tour or, if in the opinion of the Tour Leader (in his/her and/or Off Limits’ sole discretion), the Client’s behavior is causing or is likely to cause danger, distress or material annoyance to others, Off Limits may terminate that Client’s travel arrangements on any Product immediately without any liability on Off Limits’ part and the Client will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements, including, without limitation, return travel, accommodations, meals, and/or incidentals.
Clients agree that they are responsible for any costs incurred by Off Limits, Off Limits’ suppliers or Off Limits’ partners, as a result of damage, destruction, theft, or excess cleaning fees related to Client’s accommodation, transport, or other use of facilities while on Tour. Clients agree to immediately report any pre-existing damage of this kind to staff of the accommodation,
transportation service, or facility (as appropriate) and/or Off Limits’ representative as soon as possible upon discovery by the Client.
Client agrees to take all prudent measures in relation to their own safety while on any Off Limits Tour, including, but not limited to, the proper use of safety devices such as seatbelts, harnesses, and helmets, and obeying all posted signs and warnings in relation to Client health and safety. Off Limits shall not be liable for any failure on the Client’s part to comply with this paragraph.
14. GUARANTEED DEPARTURES
Off Limits guarantees all scheduled Product tour departures displayed on their website (www.offlimitsalbania.com) shall depart as scheduled (subject to reasonably itinerary changes as contemplated elsewhere in these Terms). Brochures, and other printed materials displaying tour information and departure dates are subject to change, and such dates are excluded from this guarantee. A departure shall become guaranteed once at least one Client has a confirmed booking upon it (secured, at minimum, via valid payment of a Deposit). This guarantee is not applicable in Force Majeure situations, as herein defined.
15. FORCE MAJEURE
Off Limits shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for Off Limits failure to commence, perform and/ or complete any duty owed to the Client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of Off Limits Albania; or an event which Off Limits or the supplier of services, even with all due care, could not foresee.
16. SUPPLIERS
Hotels, shuttle services or other constituent elements of a Product will be arranged by Off Limits with suppliers local to the regions in which the Product operates, who may themselves engage the services of other local operators and/or sub-contractors. Off Limits will at all times endeavour to appoint reputable and competent local suppliers. The terms and conditions of the suppliers will be applicable and are expressly incorporated into these Terms, and the Client assents to those terms and conditions and the limitations and obligations contained therein. These may limit or exclude liability of the supplier. The liability of Off Limits will not exceed that of any supplier. All suppliers will be selected and assessed by Off Limits in reference to local laws and regulations in the relevant country of operation. Neither Off Limits nor any carrier is liable for the acts or omissions of any independent contractors.
17. REFUSAL OF SERVICE
Off Limits retains the right to refuse service to any Client at any time, for any lawful reason.
18. EMERGENCY CONTACTS
Off Limits head office in Tirana
Rruga Kosovareve, App TID, Tirane
Mobile: +355692040440
Email: info@offlimitsalbania.com
