TERMS AND CONDITIONS
Edited December 2024
Read this Agreement carefully.
Agreement:
The terms and conditions set forth in this agreement constitute the entire understanding and agreement between you the trip “Participant” and Brown Gal Trekker, LLC vis a vis Equity Global Treks (hereinafter, “BGT") with respect to any and all bookings, tours or transactions made with BGT. By submitting a booking form and agreeing/signing this agreement, you accept all of the terms in this agreement and direct us to perform services on your behalf. All persons named in this booking (“Participants”) are subject to this agreement. By signing or agreeing to this agreement, you affirm that you have made all other Participants listed in the booking aware of these terms – regardless of how final payment is made – and that all Participants accept these terms.
Reservations:
You may reserve space on a tour by completing the booking form online and sending the trip deposit. A booking is not final until you receive a final confirmation from us.
Deposits and Final Payment:
A non-refundable deposit of a specified percentage of the total cost per person is required at the time of booking (see trip information page for specific deposit amount required). Final payment is due on a specific date noted on the trip information page. If your booking is made beyond the balance due date, the entire tour cost must be paid when we confirm the trip with you.
Form of Payment:
Payments may be made by credit card through our online merchant service, via third-party merchant servicer or direct deposit.
Cancellations by You and Refunds of Trip Balance:
To cancel your booking, you must submit your request to us in writing by email at bgt@browngaltrekker.com. Unless otherwise specified in the trip notes, cancellation fees will be applied per person according to the following general cancellation schedule, based on the date we receive your written and verbal notification:
61 or more days from the start of the trip - 75% cancellation fee
60-0 days from the start of the trip - 100% cancellation fee (no refunds)
Please note that some trips may have a different cancellation policy & schedule in which case the specified policy in the Trip Notes will apply and override the policy noted herein. No refunds will be provided for any unused portion of a tour once the tour begins, including if you leave a tour for any reason or have to be removed from a tour. There are no exceptions to this cancellation and refund policy, including for reasons related to weather, terrorism, civil strife, personal, family or medical emergencies or any other circumstances beyond our control. For this reason, we strongly encourage you to purchase Trip Cancellation and Interruption Insurance.
Travel Credit:
It’s possible to receive travel credit under certain circumstances as per your request, subject to the terms and conditions of the local agency partner. Should the local agency partner allow for such travel credit (minus any costs paid at the time of the request), you can use the travel credit for the same tour for up to 3 years from the date the notice of cancellation/request for travel credit was given.
Changes by You:
If you alter your itinerary including a request for transfer of reservation to another person after we confirm your tour, a change and transfer fee will be imposed. The type and scope of change dictates the amount of the change fee. Our outside suppliers, including hotels, parks, land transport services etc, often impose additional fees or penalties for changes and cancellations. These are included in the change fee.
Cancellations or Changes by Us and Flexibility:
We reserve the right to cancel, alter or modify any tour without prior notice “for any reason”. You acknowledge that the amenities, accommodations, transportation, route, schedule, and itinerary may change without prior notice due to local circumstances or events, which may include mechanical breakdown, flight cancellations, illness, strikes, political disputes, weather, border crossing problems, and other unforeseeable factors. If, prior to departure, we make a significant change because of a problem with a supplier (e.g., bankruptcy), we will, as soon as reasonably possible, notify you of available alternatives.
Any changes may require a supplemental payment from you or result in a refund less any cancellation fees and nonrefundable deposits. If we cancel, which is rare, a check for a full refund will be issued to you less any airline ticket and hotel cancellation fees and nonrefundable deposits advanced to local suppliers. This refund will constitute full settlement of claims you may have arising out of our cancellation. No refunds will be provided due to cancellations or changes due to Force Majeure.
Price Adjustment:
The quoted tour price is based on tariffs, fees, airfares, and costs in effect at the time you sign this agreement. We reserve the right to increase the quoted price after booking if inflation, costs of fuel, labor or materials, airfares, supplier costs, currency exchange rates, tariffs, government fees, and admission charges change. You agree to and will pay for any price increase.
No Refunds for Personal Expenses:
You will not be reimbursed for any personal expenses such as airfare, hotel or other travel expenses due to changes in itineraries or tour cancellations out of our control.
Responsibility:
As a U.S.-based adventure travel company, we promote and market all-inclusive tour programs consisting of certain travel services that we purchase or reserve from various suppliers on your behalf. In doing so, we act only as a booking agent and an intermediary for the various independent suppliers that provide accommodations, meals, transportation, sightseeing, activities and other goods and services connected with your tour ("Supplier" or "Suppliers"). You acknowledge that you are aware of and clearly understand that these Suppliers are independent contractors, are not managed by BGT, and are not agents or employees of BGT. We assume no responsibility for and cannot be held liable any negligent or willful act or failure to act of any Supplier, or of any other person or entity. We are also not responsible for the financial default of any Supplier. You agree to seek remedies directly and only against the Suppliers and not hold BGT responsible for their acts, omissions, and/or financial default. A Supplier's goods and services are subject to the Supplier's own terms and conditions and waivers of liability, which may require your separate signature, as well as the local laws and regulations of the relevant country.
Force Majeure:
BGT will not be deemed in breach of this agreement or otherwise liable to you, by reason of delay in performance or nonperformance of any of its obligations under this agreement to the extent that any such delay or nonperformance is due to any Force Majeure. “Force Majeure” means any circumstances beyond the reasonable control of BGT, including without limitation acts of God, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine, government issued travel restrictions, conditions imposed as a result of a pandemic or health crisis, government intervention, weather conditions, and unforeseen circumstances. If BGT or any of its Suppliers are affected by Force Majeure, they shall be entitled to, and may in their sole discretion, vary or cancel any itinerary or arrangement in relation to the tour. Regarding civil unrest, once BGT has investigated the prevailing situation, as it deems fit, it shall remain in BGT's sole and absolute discretion whether to proceed with the tour.
In the event of trip cancellations resulting from Force Majeure, you will be entitled to reschedule your trip to a later date. In some instances, we may be able to offer travel credit that can be used towards any of our future trips or a full trip refund less any airline ticket and hotel cancellation fees and nonrefundable pre-trip expenses and deposits advanced to local suppliers.
Travel Insurance:
The package tour price does not include any travel insurance. All trips with BGT require that you have travel insurance. Failure to provide proof of travel insurance with the minimum coverage required below will result in cancellation of your trip and loss of your non-refundable trip deposit. You have until the final balance due date for the trip to provide proof of your travel insurance. You must send a proof of your travel insurance to equity@browngaltrekker.com.
Accordingly, you agree to purchase a comprehensive insurance that will have at a minimum the following coverage:
100% Trip cost coverage – land cost & flight cost (if applicable) – this is the actual cost you paid to BGT
Medical emergency up to $50,000
Emergency evacuation up to $100,000
We strongly recommend that you purchase additional comprehensive travel insurance, covering trip interruption and cancellation, baggage, accident/life, repatriation and other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to you. In light of the pandemic, we recommend that you purchase insurance that covers cancellation for any reason. Please note that cancellation for no reason coverage is only available for purchase within a specific number of days from the time you send your FIRST trip payment (the trip deposit). BGT has partnered with Global Rescue which provides the necessary minimum requirements noted above and that are applicable to high altitude trekking and adventure travel.
You can purchase insurance through our preferred provider. If you decide not to use our preferred provider, we assume you are securing protection through another insurance company of your choosing. In any event, you agree to assume all costs of medical care, transportation, other medical or travel-related expenses that may not be covered by your travel insurance of choice.
Pre-Departure Documentation:
It is important that you carefully read all trip-related documents that you receive from us as soon as you receive them. It is your responsibility to contact us if any information is incorrect. We cannot accept any liability if you do not notify us of any inaccuracies within 5 days of your receipt of those documents. This agreement and a waiver of liability and assumption of risk agreement, and, if required, a medical statement or certification must be signed and submitted by you. If you fail to submit this and other necessary documentation prior to departure, we reserve the right to treat your booking as cancelled by you and impose the cancellation fees described in this agreement.
Passports and Visas:
You are responsible for ensuring that all necessary travel documents are valid and effective and in your possession for the entire tour. Passports are required for all U.S. citizens traveling abroad and should be valid for at least 6 months after your date of return. We suggest you apply for or renew a passport early. Other required documents may include visas, permits, and vaccination certificates. You assume complete and full responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements. You are also solely responsible for any adverse consequences resulting from incomplete or defective documentation. While we may provide information or advice on matters such as visas, vaccinations, climate, clothing, baggage, and special equipment in good faith as a courtesy to you, we are not responsible for any errors or omissions as to the information provided.
Airlines
Our responsibility in respect of air travel is limited by the airline's conditions of carriage. BGT is not able to specify the type of aircraft to be used by any airline. In addition, BGT is not responsible for losses due to cancelled flights or seats or changed flight itineraries. You cannot cancel your contract with us without penalty due to a change of airline, aircraft type or destination. Similarly, the contents of our catalog or website do not commit the airlines mentioned there. You further agree that you are subject to all terms and conditions of the airline provider. You are responsible for familiarizing yourself with those terms and agree that you are ultimately responsible to the airline provider for any reservations, changes, cancellations, and disputes regardless of how your reservation was made on your behalf.
Health Requirements and Medical Care:
Our tours are physically active, with varying levels of demands and fitness requirements depending on the specific itinerary. By signing this agreement, you represent that you do not have any physical or other conditions that would create a hazard for you or other Participants or affect other people’s enjoyment of the tour. If you are over the age of 65 and have a pre-existing medical condition, you must complete our medical statement. If you do not return the completed statement to us by the specified deadline, we reserve the right to prohibit you from departing on the tour and to charge a cancellation fee. If you have a physical condition, dietary restrictions, or other conditions that will require special attention during the tour, you must inform us in writing when the booking is made. We may require a medical certificate if you have a special condition. BGT and/or its contract local tour operators reserve the right in our sole discretion to accept, decline, or remove anyone from a tour (at departure or during the tour) who we judge to be incapable of meeting the tour’s physical demands. BGT assumes no responsibility for any medical care provided to you. You agree to assume all costs of medical care and related transportation that are provided to you during the tour.
Complaint Procedure:
Any issues that arise from booking your tour should be addressed to us via email (equity@browngaltrekker.com). EGT shall be given the opportunity to address and resolve the client’s booking concerns before taking any measures that are outlined in the Governing Law/Dispute Resolution section below. If you have a complaint during your tour, you must promptly notify your tour leader of the problem so that they can attempt to remedy the situation. Further, if you attempt to address the problem on your own without using this notice procedure, you assume responsibility for any added costs you may incur.
Tour Start Date:
It is your responsibility to be ready to embark on the tour as specified in the itinerary. BGT is not responsible for any losses due to cancelled or missed flights, changed flight itineraries, late arrivals, or early departures.
Compliance with Local Laws and Tour Etiquette:
You must strictly comply with all local laws, respect local customs and culture, accurately assess your abilities, respect other trip members’ privacy, and follow the suggestions and advice of any assigned guide. The decision of the local guide or local supplier is final on all matters that may threaten the safety or interfere with the well-being of others. During the tour, BGT and/or the local guide/supplier has the right in its sole discretion to remove anyone a) who it judges to be incapable of meeting the demands and requirements of participating in the tour activities; or b) who it determines to detract from others’ enjoyment of the tour.
Images Release:
You agree that BGT may use, re-use and reproduce any images, photos or videos that you send to us, or that are taken by our guides and/or other travelers of you individually or in a group, in any medium, including but not limited to print, electronic media, or Internet, free of charge and without your right to inspection, for promoting and publicizing our travel products and services worldwide. If you do not want us to use any images of you that are taken by us or other participants during the tour, you must inform us or your tour leader in writing at the start of the tour.
Limitation of Remedies:
You agree that to the extent consistent with applicable law, the maximum amount of recovery to which you may be permitted to recover from BGT shall not exceed the amount of the paid tour cost less actual expenses incurred by BGT in arranging for your travel services. To the maximum extent permitted under applicable law, BGT shall not be liable for any special, consequential, indirect, incidental or other damages, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if BGT has been advised of the possibility of such damages. You expressly waive any right you may have to recover such damages. If you, or any of you heirs, or anyone acting on their own in your behalf should bring such suit, you shall pay all attorney fees, related court fees and defense costs should you not prevail.
Governing Law, Dispute Resolution Process & Waiver of Chargeback via Credit Cards:
This Agreement will be governed by and construed in accordance with the substantive laws of the State of Wyoming without regard to conflict of laws and all disputes arising under or relating to this Agreement shall be brought and resolved solely and exclusively in the State Court located in Wyoming. Should any legal action be commenced in connection with this Agreement, the prevailing party in such action shall be entitled to recover, in addition to court costs, such amount as the court may adjudge as reasonable attorneys’ fees. By entering into this contract, you agree that services shall be rendered as described and any dispute will be handled privately between two parties (see Complaint Procedure above). If the initial attempt to resolve the issue privately fails, parties may address the issue through binding arbitration, and not via the credit card chargeback process; thereby waiving any right to dispute through a credit card company.
Severability:
If any provision of this agreement shall be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the agreement unenforceable or invalid as a whole. Such unenforceable provision will be replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the original provision.
Successors and Assigns:
This agreement shall inure to the benefit of and be binding upon BGT and the Participant and their respective heirs, legal personal representatives, successors and assigns.
Updating of Terms and Conditions:
BGT reserves the right to update and/or alter these terms and conditions at any time. It is your responsibility to be familiar with these terms and conditions. The latest terms and conditions can be found on the BGT website http://www.browngaltrekker.com
Merger:
This Agreement is the final, complete and exclusive statement of the parties’ agreement on the matters contained in this agreement. It supersedes all previous negotiations and agreements. Any statements made by BGT or its local suppliers orally or in writing outside of this agreement shall not undermine any of the provisions contained in this agreement.
ACKNOWLEDGMENT
I have read this entire agreement, and I am signing it freely and voluntarily. I understand that this is a legally binding contract. I attest that I am of the age of 18 or over. No other representations concerning the legal effect of this document have been made to me. My signature applies to all pages of this agreement.
Furthermore, I agree that by writing “YES” to the section on the booking form where it states, “Did you review and thereby accept the terms and conditions as well as the waiver of liability? Please type YES below.” OR electronic transmission of an executed copy of this agreement shall constitute acceptance of this agreement.
Print Name: _____________________________________
Date of Birth: ____________________________________
Signature: _______________________________________
Date signed: _____________________________________