Terms and Conditions
- PRODUCTS AND SERVICES
- MAKING YOUR BOOKING
- PROCESSING YOUR BOOKING
- RESERVATION & FINAL PAYMENTS
- YOUR FINANCIAL PROTECTION
- IF YOU CHANGE YOUR BOOKING
- IF YOU TRANSFER YOUR BOOKING
- IF YOU CANCEL YOUR BOOKING
- CHANGES AND CANCELLATIONS BY US
- INDEPENDENT ARRANGEMENTS/OPTIONAL EXCURSIONS
- SPECIAL REQUESTS
- YOUR CONTRACTUAL REQUIREMENTS
- TRAVEL INSURANCE
- PASSPORTS, VISAS & HEALTH
- HEALTH REQUIREMENTS
- MEDICAL AUTHORIZATION AND COVERAGE
- FORCE MAJEURE
- CLAIMS & COMPLAINTS
- LAW & JURISDICTION
- PERSONAL INFORMATION & PRIVACY
- ENTIRE AGREEMENT
- MODIFICATION OF TERMS OF SERVICE
- EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS
- CONTACTING ASIAN GEOGRAPHIC EXPEDITIONS
These Terms and Conditions apply to the Asian Geographical (“AG”) website and its sub-domains (“AG Sites”), mobile sites, applications ("apps"), widgets, Asian Geographical Society and Asian Geographical Products (“AG Products”), and other content (“AG Content”) and services that are linked to this Agreement (collectively, the "AG Services").
ASIAN GEOGRAPHICAL PARTNERS Ltd, its subsidiaries and Asian Geographical Society are available on www.asiangeographical.com, hereby collectively referred as “Asian Geographical”, “AG Sites, “we”, “us”, or “our”. Asian Geographical Partners Ltd is registered and based in the United Kingdom. In these Terms and Conditions “you” and “your” means all persons named in the booking including anyone who is added or substituted at a later date.
There are two types of services offered by the Asian Geographical; small-group holidays named ‘Expeditions’ and privately guided tours named Adventures’. We will source and create a trip for you using a number of different Destination Management Companies and travel suppliers on whose behalf we act as agent.
We will act as “package organiser” and your contract will be with us for all types of Expeditions and Adventures, but our obligations to you may differ depending on which type of Expedition or Adventure arrangements you’ve booked with us, and this is outlined in further detail in these Terms and Conditions.
Any such designated Destination Management Company, its parent, subsidiaries, and assigns, and their respective employees, affiliates, officers, directors, successors, representatives, agents and assigns (collectively “DMC”), in turn, acts only as an agent for any transportation carrier, hotel, ground operator, or other suppliers of services connected with specific Expedition or Adventure (“Other Providers”), and the other providers are solely responsible and liable for providing their respective services. The passenger tickets in use by the carriers will constitute the sole contract between the carriers and the passenger; the carriers are not responsible for any act, omission, or event during the time the participants are not aboard their conveyances.
The ASIAN GEOGRAPHICAL PARTNERS Ltd, its subsidiaries, and assigns, and their respective employees, affiliates, officers, directors, successors, representatives, agents and assigns (collectively “Asian Geographical”) and the DMC will not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any Other Provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such Other Provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. The participant waives any claim against Asian Geographical and/or the DMC for any such loss, damage, injury, or death.
By registering for an Expedition or Adventure, the participant certifies that he/she does not have any mental, physical, or other condition or disability that would create a hazard for himself or herself or other participants. Asian Geographical and the DMC reserve the right in their sole discretion to accept, decline to accept, or remove any participant on an Expedition or Adventure. Asian Geographical and the DMC also reserve the right, without penalty, to make changes in the published itinerary whenever, in their judgment, conditions warrant or if they deem it necessary for the comfort, convenience, or safety of the participants.
Neither Asian Geographical, nor the DMC, will be liable for any air carrier's cancellation penalty incurred by the purchase of a non-refundable ticket to or from the participant's Expedition or Adventure departure city. Baggage and personal effects are at all times the sole responsibility of the participant.
These booking conditions are divided into 4 sections as follows:
Section 1 – terms and conditions which apply to your booking
Section 2 – terms and conditions which apply to your or our activity
Section 3 – terms and conditions which additionally apply to our products
Section 4 – terms and conditions which additionally apply to all your bookings
TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. THE RESPONSIBILITY STATEMENT AND DESTINATION MANAGEMENT COMPANY PARTICIPATION AND TERMS AND CONDITIONS BELOW (THE “AGREEMENT”).
The applicable Terms and Conditions may vary from those listed below based upon the specific type of Expedition or Adventure selected by the participant. A copy of the final Terms and Conditions applicable to each participant for each tour/trip will be sent to you before your Expedition or Adventure commences. If a court of competent jurisdiction or an arbitrator holds that any provision is invalid or unenforceable, such invalidity will not affect the validity or operation of any other provision and such invalid provision will be deemed to be severed from this Agreement.
1. PRODUCTS AND SERVICES
a) Service description
Asian Geographical attempts to provide accurate descriptions of our Services on their respective Sites. The information provided is either from the supplier or our representative who has undertaken the Service and has visited the property shown in the Service. Asian Geographical does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free.
b) Service availability
In rare cases, the Services advertised may not become available when your booking request is processed. If this should occur, we will, where possible, offer you similar alternative arrangements. Where we cannot do so or these are not acceptable to you, we will reimburse the payment you have made by the credit or debit card from which payment was deducted.
c) Basis of Pricing
All prices are (i) per person based on two persons sharing a room or cabin, unless otherwise noted, (ii) quoted in British pound sterling (and where possible in some international currencies) (iii) estimates based on tariffs, currency values, airfares and third-party charges, and (iv) subject to change prior to booking. Notification of the current price relevant the tour will be provided to the Participant at the time of booking. After booking, if it is necessary to levy an additional surcharge, Asian Geographical reserves the right to do so, and notification will be given at the time of final invoicing.
All prices published in our brochures, marketing material and our website are for guidance only and are based on exchange rates in effect on the publication date. Although every effort is taken to ensure prices are accurate at the time of publication, we cannot guarantee these prices. Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking. We reserve the right to alter or correct errors in any quoted or published prices at any time prior to a contract between us coming into existence and to correct errors in the prices of confirmed bookings.
Anyone under 18 must be accompanied by a parent or guardian for the entire tour. Some itineraries have minimum age requirements—call for more information.
e) Included in Expedition and Adventure Cost
Accommodations and meals as indicated in the itinerary (B = breakfast, L = lunch, D = dinner); educational materials; pre-departure information; entrance fees, excursions, and sightseeing noted as shown in the itinerary; all gratuities except those for Adventures, train or ship's crew, unless otherwise noted on the itinerary page; ground transportation during the tour; transfers to and from flights where applicable; services of Asian Geographical experts and/or local guides, lecturers, Expedition and Adventure leaders, and any other staff; and taxes, port charges, baggage handling, and service charges. Please note: the “B, L, D” notations apply to the period during the Expedition and Adventure only and do not include any meals on flights to/from the tour. Internal airfare is included on some international Expeditions, and Adventure as indicated in the itinerary.
f) Not Included in Expedition and Adventure Cost
Air transportation and related fees (except as indicated in the itinerary); activities noted as optional in the itinerary; gratuities for train or ship’s crew, unless otherwise noted on the itinerary page; passport, visa, and permit expenses; medical expenses and immunizations; baggage/accident/cancellation insurance; personal expenses, such as laundry, telephone calls, and alcoholic beverages; and any other items not specifically noted as included.
g) Single/Shared Accommodations
A limited number of single rooms/cabins are available at an extra cost on a first-come, first-served basis. Asian Geographical Expeditions and Adventures and/or the DMC will assist persons requesting a roommate. The participants will be notified if a suitable roommate is not available, in which case the single rate will be charged.
2. MAKING YOUR BOOKING
The person making a booking will be deemed as group leader and must be authorised to make the booking on the basis of these Terms & Conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. The group leader is responsible for making all payments due to us.
3. PROCESSING YOUR BOOKING
a) Where you book online or otherwise request us to, we will communicate with you by e-mail in relation to your booking. We may also contact you by telephone and/or post if we cannot, for whatever reason, contact you by e-mail.
b) When you receive the invoice, please check the details carefully and inform us immediately if anything is incorrect. Spelling of names etc. is particularly important. Names on travel documents must exactly match those shown in passports – we cannot accept responsibility if an airline or other supplier refuses boarding because the name(s) shown in your passport differ from those on your ticket. Contact us immediately if any information which appears on the confirmation, invoice or any other document appears to be incorrect or incomplete.
4. RESERVATION & FINAL PAYMENTS
a) To reserve space on an Expedition, a £150 per-person deposit is required, unless advised differently at the time of booking. For cruises included within Expeditions and airline bookings you will be advised of the deposit amount at the time of booking.
b) A contract between you and us will come into existence when we process your credit/debit card payment for your final and full payment into our account, and issue you with a confirmation invoice. Where we have taken advance payment from you and are unable to confirm your booking arrangements, we will issue you with deposit receipt letter only, acknowledging receipt of your payment. The deposit receipt letter is not a confirmation invoice and does not constitute a contract between you and us. We will only issue you with a confirmation invoice where we reasonably expect your booking arrangements to be available to book and only at this stage will a contract between you and us exist.
c) Final payment is due no later than 90 days prior to departure. Payments must be made by credit card. A participant’s reservation may be cancelled if full payment has not been received by 90 days prior to departure. For reservations made within 90 days of the departure date, full payment is required when the reservation is accepted.
5. YOUR FINANCIAL PROTECTION
We provide full financial protection for our package holidays. If you buy a single travel service then this might not apply. For flight-based holidays this will be through our Air Travel Organiser’s Licence number (applied), issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email email@example.com. When you buy an ATOL protected fight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t able to do so for the unlikely reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances, the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). If we are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for the unlikely reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme.
You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme. When you buy a package holiday that does not include a flight, protection is provided by way of a Trust Account held by Protected Trust Services, 307-315 Holdenhurst Road Bournemouth Dorset BH8 8BX.
Terms and conditions which apply to your or our activity
1. IF YOU CHANGE YOUR BOOKING
If, you wish to change any part of your booking during the course of our booking process or after a confirmation invoice has been issued, you must inform us in writing. Whilst we will do our utmost to assist, we cannot guarantee that we will be able to meet your requested change. All changes will be subject to any applicable rate changes or extra costs incurred, as well as any costs we incur in making this alteration and any costs or charges incurred or imposed by any of our suppliers. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Please note that certain travel arrangements may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements. Where we are unable to assist you and you do not wish to proceed with the original booking, we will treat this as a cancellation by you and a cancellation fee may be payable. Please note also that it is important at the time of booking to advise the names of travellers that match the name given on their passport. Failure to do so will usually result in a name change charge by the airline. Any airline tickets issued are subject to the carrier’s refund policy.
2. IF YOU TRANSFER YOUR BOOKING
a) If any member of your party is prevented from travelling, the person(s) concerned may transfer their place to someone else (introduced by you) as long as the following conditions are met:
I. the transfer is requested in writing at least 14 days before departure;
II. all suppliers and third parties accept the transfer of names or are able to re-book. Air tickets are rarely transferable;
III. you sign an authorisation to transfer the Expedition or Adventure into another name;
IV. the transferee accepts these Terms and Conditions;
V. the transferee provides us with new travel insurance details;
b) 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 £100 must be paid. Any overdue balance payment must also be received. You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in Para 3 of this Section will apply.
Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
3. IF YOU CANCEL YOUR BOOKING
a) If you or any other member of your party decides to cancel your confirmed booking, you must notify us in writing. Your notice of cancellation will only take effect when we receive it in writing at our office. Please note proof of postage (whether Royal Mail or e-mail) is not proof of receipt. You will be responsible for applicable cancellation charges up to the maximum shown below, unless otherwise advised. This policy also applies to pre- and post-Expedition or Adventure extensions, extra arrangements confirmed on any participant’s behalf. The cancellation charge detailed is calculated as all non-refundable items plus a percentage of the remaining total cost payable by the person(s) cancelling:
Period before departure we are notified Cancellation Charge
90 days and more Loss of deposit and non-refundable items
89 - 57 days 60% of the tour cost
56 - 43 days 75% of the tour cost
42 - 15 days 85% of the tour cost
14 - 01 days 100% of the tour cost
b) We strongly recommend you take out suitable insurance to cover you for possible eventualities that would require you to cancel your holiday.
c) You can cancel your booking without paying cancellation charges if the performance of your package, or the carriage of passengers to your destination, is significantly affected by unavoidable and extraordinary circumstances. In such circumstances, we will arrange for your booking to be terminated and for you to receive a full refund. We will observe advice provided by the UK Foreign & Commonwealth Office.
d) Any airline tickets issued are subject to the carrier’s refund policy. Certain types of airline tickets cannot be changed after a reservation has been made and any alteration request will incur a 100% cancellation charge. Tickets returned will be submitted to the respective airline, or their agent, for assessment. As soon as we are reimbursed by the issuing airline or their agent, we will forward a refund to you, less loss of deposit and applicable cancellation and/or administration charges. Please note that airline refunds of part-used tickets and the return half of the airfare are always less than the pro-rata rate and may have no refund value whatsoever. Refunds usually take 8-12 weeks but in certain cases may take longer.
e) Arriving late or leaving an Expedition or Adventure in progress, passengers not travelling or unable to use any services; for any reason whatsoever, will be termed as cancellation and no refunds will be made for any unused portions of an Expedition or Adventure.
4. CHANGES AND CANCELLATIONS BY US
a) Asian Geographical reserves the right to make changes to your travel arrangements. The itineraries and staff presented in the brochure or on the website are subject to modification and change by Asian Geographical or the DMC. Every reasonable effort will be made to operate Expeditions and Adventures as planned, but alterations may still occur after final itineraries are sent.
b) Asian Geographical reserves the right to cancel any Expedition or Adventure because of inadequate enrolment that makes the Expedition or Adventure economically infeasible to operate or because of good-faith concerns with respect to the safety, health, or welfare of the participants. In the unlikely event that an Expedition or Adventure is cancelled owing to low bookings, you will be told as soon as is practical. In such circumstances, we will return to you all monies paid, or provide a voucher for future travel with us, or where possible offer an alternative Expedition or Adventure of comparable standard and value.
c) If an Expedition or Adventure is cancelled by us after confirmation but prior to departure, the DMC will provide the participants with a full refund of monies paid to the DMC; except in the event that the cancellation is due to a significant event that makes it infeasible to operate the Expedition or Adventure as planned, in which case the DMC will provide the participants with a refund or credit toward a future Expedition or Adventure equivalent to the amount paid to the DMC.
d) If Asian Geographical or the DMC cancels the Expedition or Adventure in progress, the participants will receive a prorated refund based on the number of days not completed on the Expedition or Adventure. If a participant elects to leave an Expedition or Adventure in progress of their own volition, the participant will not receive any type of refund.
e) If Asian Geographical or the DMC cancels the Expedition or Adventure in progress and the participant elects not to immediately return to his/her original point of departure for the Expedition or Adventure, or if the participant elects to leave an Expedition or Adventure in progress of their own volition, the participant acknowledges and agrees that (i) the participant shall be solely responsible for his/her travel plans once he/she departs the Expedition or Adventure, (ii) neither Asian Geographical nor the DMC shall have any responsibility for or control over the participant’s safety or activities once he/she departs the Expedition or Adventure, and (iii) the participant releases and holds harmless Asian Geographical and the DMC, from any and all costs, liability, loss, damage, injury, or death that may arise out of the participant's decision to not return to his/her original point of departure from the cancelled Expedition or Adventure in progress.
f) We reserve the right in our absolute discretion to terminate without notice the holiday arrangements of any customer whose behaviour is such that it is in our opinion likely to cause distress, damage, danger, or annoyance to our customers, our/supplier employees, or to any third party, or to property. If you are prevented from travelling because, in our or our suppliers’ opinion, you appear to be unfit to travel or likely to cause discomfort or disturbance to others, our responsibility for your holiday ceases and we shall be under no obligation to pay any refund, compensation or costs to you. Please note that we have no control over the behaviour of other persons staying at or visiting your holiday accommodation and we are not responsible for any withdrawal or impairment of facilities or other loss or damage caused by them. Under no circumstances are you entitled to share or sub-let your accommodation with anyone other than those individuals shown on your booking.
5. INDEPENDENT ARRANGEMENTS/OPTIONAL EXCURSIONS
If a participant elects to participate in any additional activity or excursion that is not arranged or led by Asian Geographical or the DMC, neither Asian Geographical nor the DMC shall have any responsibility for or control over the participant’s safety or well-being, and the participant releases and holds harmless Asian Geographical and the DMC from any and all costs, liability, loss, damage, injury, or death arising from the participant’s decision to participate in such activity or excursion.
6. SPECIAL REQUESTS
If you have any special requests in connection with your Expedition or Adventure itinerary, you must submit them to us in writing at the time you book your reservation. We will pass along any requests we deem reasonable to the relevant service providers. We cannot guarantee, however, that the service providers will fulfil such requests, as such services or amenities may not be available. Asian Geographical is not liable for any failure to fulfil a special request, and no cancellation due to any special request not being met shall be allowed. Asian Geographical does not accept booking requests conditioned or contingent on the fulfilment of a special request.
7. YOUR CONTRACTUAL REQUIREMENTS
By using our Service, we will assume you accept the terms and conditions and agree to accept the authority and decisions of our employees, guides, agents and suppliers while on Expedition or Adventure. If, in the opinion of any of these, your health or conduct appears likely to endanger the progress of an Expedition or Adventure, we may decide to cancel your participation in the Expedition or Adventure with no refunds. In the case of ill health, we may make such arrangements as we deem necessary and recover the costs thereof from you. If you commit an illegal act, we shall cease to have responsibility to or for you.
All communications relating to this Agreement (in particular any requests to cancel or amend your Expedition or Adventure arrangements) must be made from the group leader in writing and in English and delivered by email. Any such communication shall take effect when a complete and legible copy of the communication has been received by us and confirmation to the effect has been sent to you.
Terms and conditions which additionally apply to our products
1. OUR RESPONSIBILITIES
a) Protected Trust Services: We are a Member of Protected Trust Services (PTS), (www.protectedtrustservices.com), a FCA registered company to ensure trust and confidence when booking with Asian Geographical Expeditions. PTS offers all member companies a trust account and insurance model which ensures all consumer money is fully protected. With PTS, Asian Geographical Partners Ltd are fully package travel regulation compliant. If any traveller wishes to check our membership with the PTS prior to booking or has any concerns about the allocation of their monies and services supplied then you can simply contact PTS directly for peace of mind. Protected Trust Services (Head Office), 307-315 Holdenhurst Road Bournemouth Dorset BH8 8BX, Tel: 0207 190 9988.
b) Package Holidays: Subject to these booking conditions, your holiday arrangements will be made or performed using reasonable skill and care. We will be responsible if our employees, or agents fail to make or perform your holiday arrangements using reasonable skill and care as long as they were acting within the course of their employment or carrying out work that we had asked them to do. We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Expeditions and Package Tours Regulations 2018 and the EU Directive 2015/2302 on Package Travel (and subsequent UK regulations) as set out below. We will not be responsible or pay compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description, which results from: the act(s) and/or omission(s) of you or another member of your party; the act(s) and/or omission(s) of a third party not connected with the provision of the services contracted for and which were unforeseeable or unavoidable; or unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. The services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with any local regulations that apply, or, if there are no applicable local regulations, if they are reasonable when compared to the local standards in practice.
c) Single Components: If you have purchased a ‘single component’ i.e., accommodation or transportation only, then your booking is not a package as defined by the Package Travel and Linked Travel Arrangements Regulations, but we have a duty to select the accommodation/ transport providers with reasonable skill and care. We have no liability to you for the actual provision of the accommodation/transport, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the provider with reasonable care and skill, we will have no liability to you for anything that happens at the accommodation or during the transportation or any acts or omissions of the provider or others.
2. OUR LIABILITY
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to:
a) the contractual terms of the DMCs that provide the travel services that make up your package. These terms are incorporated into this booking; and
b) any relevant international convention, for example the Warsaw/Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne/Cotif Convention in respect of travel by rail, the Paris Convention in respect of the provision of accommodation, and the Strasbourg Convention (CNLI) in respect of travel on inland waterways, which limit the amount of and conditions under which compensation can be claimed for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of the extent of or the conditions under which compensation is to be paid under these or any conventions. We limit the amount of compensation we may have to pay you if we are found liable under this clause for loss of and/ or damage to any luggage or personal possessions and money to a maximum amount of £25 per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
c) You can ask for copies of the travel service contractual terms, or the international conventions from our offices. Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/ or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details will be publicised at EU airports and available from airlines. However, reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in these booking conditions. If any payments to you are due from us, any payment made to you by the airline or any other service provider will be deducted.
d) 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 by us and we have not agreed to arrange them as part of our contract and any excursion you purchase in resort. In addition, regardless of any wording used by us on our website, in any advertising material 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.
e) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (i) 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 (ii) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them or our suppliers. Additionally, we cannot accept liability for any business losses.
3. YOUR RESPONSIBILITIES
a) 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 made direct to the property holder, 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 and all costs incurred by us (including 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 Expedition or Adventure 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.
b) The type of travel, which we offer, requires flexibility and must allow for alternatives. The outline itinerary as given for each Expedition or Adventure must therefore be taken as an indication of what each trip may accomplish, and not as a contractual obligation on the part of Asian Geographical. It is understood that the route schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events which may include sickness, mechanical breakdown, flight cancellations, strikes, events emanating from political disputes entry or border difficulties, climate and other unpredictable or unforeseeable circumstances.
Acceptance of Risk (By You):
By requesting for Expedition or Adventure, the participant acknowledges that he/she is aware that the Expedition or Adventure he/she is undertaking may involve potentially dangerous activities, some in remote areas of the world, with a risk of illness, injury or death which may be caused by forces of nature, illness, or by wilful or criminal conduct of third parties or by terrorism. The participant further acknowledges that weather conditions may be severe, adverse and/or unpleasant and that medical services or facilities may not be readily available or accessible or consistent with standards in the United Kingdom during some or all of the time during which he/she is participating on our Expedition or Adventure and that when available may not be of the quality which exists in the United Kingdom.
Expectations of Overseas Standards & Safety (By You)
The requirements and standards of the country in which any services, that make up your Expedition or Adventure are provided, which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may often be lower. The infrastructure standards in certain overseas countries are often quite different from those accepted as the “norm” in the UK. This can include levels of service and the reliability of transport, food, accommodation, communications, power and water supplies to name but a few. In addition, you must take reasonable precautions for your own safety whilst on Expedition or Adventure. For example, you are advised not to walk alone at night in unlit areas and not to display jewellery or valuables.
Terms and conditions which additionally apply to all your bookings
1. TRAVEL INSURANCE
It is a condition of booking that you have or arrange adequate insurance cover for personal liability, medical and Expedition or Adventure cancellation to be valid from the date when the contract between us comes into existence until the Expedition or Adventure is completed.
GIVEN THE NATURE OF TRAVEL SERVICES, WE RECOMMEND THAT YOU OBTAIN INDEPENDENT INSURANCE TO PROVIDE ADEQUATE COVER FOR MEDICAL EXPENSES, PERSONAL ACCIDENT, LOSS OF BAGGAGE AND CURTAILMENT OR CANCELLATION OF YOUR TRIP. PLEASE NOTE THAT SUCH INSURANCE IS NOT INCLUDED WITH YOUR PURCHASE ON ASIAN GEOGRAPHICAL PARTNERS LTD UNLESS YOU SEPARATELY PURCHASE SUCH INSURANCE ON THE ASIAN GEOGRAPHICAL SITES (WHEN AVAILABLE).
PLEASE READ YOUR POLICY DETAILS CAREFULLY AND TAKE THEM WITH YOU ON YOUR EXPEDITION OR ADVENTURE. IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE INSURANCE COVER YOU PURCHASE IS SUITABLE AND ADEQUATE FOR YOUR PARTICULAR NEEDS.
Please ensure that you are fully covered, in particular with regard to the maximum cancellation amount, and that you provide details of your insurer and policy number for our records. We may need to refer to this if you are involved in an accident. If you do not arrange the aforementioned cover, Asian Geographical may, if it chooses, refuse your booking or cancel your Expedition or Adventure. In any event, Asian Geographical will not be held responsible for any expenses, loss or damage you incur as a result of your failure to comply with this clause or the requirements of your travel insurance policy.
2. PASSPORTS, VISAS & HEALTH
Participants are responsible for obtaining any documents required for their participation in the Expedition or Adventure such as a valid passport, all visas, health requirements, travel insurances, and any other documents. Failure to obtain documents does not negate the terms and conditions, and any extra costs incurred for rerouting due to travel without the necessary documents will be the participant’s responsibility.
You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up-to-date position in good time before departure. 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 or otherwise comply with any passport, visa, immigration requirements or health formalities. 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.
3. HEALTH REQUIREMENTS
We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your stay, please provide us with full details by writing or emailing us, before we confirm your booking so that we can advise as to the suitability of your chosen arrangements if possible.
Asian Geographical encourages participants to consult a doctor for specific medical advice about any activities or destinations. Certain tours require that each Participant obtains his/her physician’s approval to join the Expedition or Adventure, and in those cases, Asian Geographical will send the Participant a form for his/her physician to sign and return per instructions outlined in the pre-Expedition or pre-Adventure communications.
4. MEDICAL AUTHORIZATION AND COVERAGE
In the event the participant becomes sufficiently incapacitated due to an injury or illness while participating in the activity during an Expedition or Adventure and is unable to direct his or her own care, Asian Geographical is unable or does not have time to take his/her care, the participant can authorise Asian Geographical for any medical treatment deemed necessary but not limited to, X-ray, examination, anaesthetic, medical or surgical diagnosis, or treatment and hospital care which is deemed advisable by, and is to be rendered under the general or specific supervision of, any physician and/or surgeon in a foreign country by a duly licensed physician deemed competent to render the necessary care.
In addition, the participant certifies that they have medical insurance which will cover personal accidents, medical expenses, medical evacuation, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the participant, or that in the absence of this medical insurance coverage, the participant agrees to pay all costs of rescue and/or medical services as may be incurred on the participant’s behalf.
Asian Geographical, the DMC, and the Expedition or Adventure leader reserve the right to take photographs or videos during the operation of any Expedition or Adventure or part thereof and to use the resulting photography, videos, or recordings for promotional or commercial use. By making a reservation on an Expedition or Adventure, the participant agrees to allow his/her likeness to be used by Asian Geographical, Asian Geographical-authorized third parties, and the DMC without compensation to the participant. If the participant prefers that his/her likeness not be used, he/she must notify Asian Geographical in writing prior to departure of the Expedition or Adventure.
Copyright in all photographs, video, and related materials created by the participant (“Expedition or Adventure Materials”) will belong to the participant upon creation. The participant grants to Asian Geographical a non-exclusive, worldwide, irrevocable license to use any Expedition or Adventure Materials provided to Asian Geographical and/or the DMC in any media for the following limited purposes: editorial use, promotion of this editorial use, promotion of Asian Geographical’s travel programs, or promotion of the mission of Asian Geographical.
6. FORCE MAJEURE;
Except where otherwise expressly stated in these Terms and Conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of “force majeure”. In these Terms and 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 political disputes, acts of war, threat of war, riots, terrorist activity (actual or threatened), border closures, industrial action (actual or threatened), technical problems with machinery, transport or equipment, government intervention, health epidemics, natural disasters, fire or explosion, inclement weather and acts of God and all other unforeseen or unavoidable circumstances beyond our or our suppliers’ control.
7. CLAIMS & COMPLAINTS
If a problem occurs whilst you are on holiday, you must inform the relevant supplier immediately so that the matter can be put right. If the supplier cannot resolve the problem to your satisfaction at the time, you must also contact us immediately by telephoning our offices on 00 44 208 350 6199 so that we are given the opportunity to help. In the event that a complaint cannot be resolved at the time, you must write to us within 28 days of return to the UK quoting the original booking reference and giving all relevant information. PLEASE NOTE: If you fail to follow the requirement to report your complaint whilst on holiday, we will have been deprived of the opportunity to investigate and rectify it and this may affect your rights under this booking.
If you fail to follow the complaints procedure in this clause you deprive us and our suppliers of the chance to investigate your complaint and to do our best to rectify it. If you remain unhappy, you can choose to use the European Commission Online Dispute (ODR) Resolution platform, which can be accessed at http://ec.europa.eu/consumers/odr/, as a means of alternative dispute resolution.
8. LAW & JURISDICTION
When you make a booking, you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. A contract will exist as soon as we issue our confirmation invoice. This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so.
9. PERSONAL INFORMATION & PRIVACY
Your personal information and that of your party is important to us. We will always treat it with the respect it deserves and will never pass it to any third parties, except those that need this information in the course of providing the services you have booked. We may contact you from time to time with Expedition or Adventure information and offers that we think might be of interest. Should you wish to stop hearing from us, by email or by any other means, please email us at firstname.lastname@example.org, detailing how you wish us to use and store your personal information.
We are now required to collect Advance Passenger Information (API) for passengers prior to travel to many destinations. This information is required for immigration control and to aid aviation safety and security, and as such we require full passport details, passenger names, dates of birth, gender, nationality etc to pass onto the relevant airlines. In addition, please note that we are required to pass on your mobile and email details to many airlines in case they need to contact you prior to travel. This information will not be retained by the airlines after your travel has been completed and will be used solely in the course of conducting your travel arrangements. Asian Geographical will not be held responsible if you fail to provide or comply with relevant API requirements. Our Privacy Notice can be viewed here.
10. ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement between you and Asian Geographical regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms of Service.
11. MODIFICATION OF TERMS OF SERVICE
You acknowledge and agree that Asian Geographical may, at its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, including the terms of Asian Geographical membership, by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. It is your responsibility to check periodically for any changes we make to the Terms of Service. Your continued use of this Site after any changes to the Terms of Service means you accept the changes.
12. EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS
Notwithstanding the expiration or earlier termination of your Expedition or Adventure membership or any general legal principles to the contrary, any provision of these Terms of Service that impose or contemplate continuing obligations or rights of a group will survive expiration or termination of these Terms of Service. These Terms of Service will be superseded by any subsequent edition.
14. CONTACTING ASIAN GEOGRAPHICAL EXPEDITIONS
If you have any questions about these terms and conditions, please contact us by e-mail at AGprivacy@asiangeog.info. You also may write to us at:
16 Myddelton Gardens
London N21 2PA
EFFECTIVE DATE: 01 May 2022