Terms

General Terms and Conditions of TrendExpedition.com - October 2006

  1. 1. Agreement, offers and confirmation
    1. 1.1 These General Terms and Conditions apply to the exclusion of any purchase or other conditions of the Client and to the preparation, content and performance of all agreements between the Client and TrendExpedition.com.
    2. 1.2 All offers are without commitment and are valid for two months from the date of quotation. Prices quoted may be subject to change owing to unforeseen changes in circumstances. Prices are exclusive of VAT and other government levies. The rates and offers quoted will not automatically apply to future commissions.
    3. 1.3 Commissions must be confirmed by the client in writing. If the client fails to do so but consents to TrendExpedition.com commencing the work commissioned, the terms of the offer will be deemed to have been accepted. Any subsequent oral agreements and stipulations will not be binding TrendExpedition.com unless TrendExpedition.com has confirmed them in writing.
  2. 2. Reservations
    1. 2.1 When booking the tailor-made expedition the Client must supply all information of relevance on the expedition. When the information supplied by the Client is unjust or incorrect, TrendExpedition.com is not liable or responsible for the consequences.
    2. 2.2 Booking an expedition is done by returning a copy of the TrendExpedition.com quotation signed by a legal representative of your company. After receipt of the signed quotation by TrendExpedition.com, you will receive an invoice/confirmation.
    3. 2.3 The Client is responsible for arranging his/her own travel to the starting point of the expedition. TrendExpedition.com hold no responsibility for travel including flights arranged by the client.
  3. 3. Payment
    1. 3.1 Payments must be made within 14 days of the invoice date. If TrendExpedition.com has not received payment at the end of that term, the client will be in default and will owe interest at the statutory rate. All costs incurred by the contractor in connection with overdue payments, such as costs of litigation and judicial and extrajudicial costs, including the cost of legal assistance, bailiffs and debt collection agencies, will be for the clientís account. The extrajudicial costs will be not less than 10% of the invoice amount, with a minimum of Ä 150.
    2. 3.2 Payment of the first invoice with a value of 50% of the total agreed sum, should be made within 14 days after date of invoice.The remaining 50% should be paid within 14 days after the end of the expedition.
    3. 3.3 At reservation 4 weeks before departure the whole travel sum must be satisfied by handling.
    4. 3.4 Any client and/or participant who has not meet his/her financial obligation, will be refused as a participant.
    5. 3.5 The client will pay the amounts due to TrendExpedition.com without any reduction or set-off, save for settlement against adjustable advance payments relating to the agreement which the client may have made to the contractor. The client is not entitled to suspend payment of invoices for work that has already been performed.
    6. 3.6 In addition to payment of the agreed fee, TrendExpedition.com will be entitled to reimbursement of any costs incurred by him in the performance of the work commissioned.
  4. 4. Cancellation, Amendments and Refund policy
    1. 4.1 The Client acknowledges that payment for the expedition is an intrinsic part of the TrendExpedition.com's income and contributes to the overall work involved in preparing the expedition, donation to project costs, staff administration etc and that TrendExpedition.com will have incurred a large part of its costs before the actual date of departure.
    2. 4.2 Therefore if the Client cancels;
      • Between 55 - 29 days prior 35% of expedition cost will be forfeit
      • Between 28 - 21 days prior 75% of expedition cost will be forfeit
      • Between 20 days to the departure date (or a no show) 100% of the expedition cost will be forfeit.
    3. 4.3 Any amendment of a booking must be put in writing and sent to the office. Alteration of a booking will incur a transfer fee of Ä50.
    4. 4.4 TrendExpedition.com requires the Client to put a cancellation in writing. The client can then transfer the deposit to any other expedition pending availability within 12 months of the original booked expedition departure date minus the Ä50 transfer fee.
    5. 4.5 TrendExpedition.com reserves the right to cancel an expedition before departure for any reason whatsoever, including too few participants or logistical problems such as strikes, wars, or any other circumstances that may make operation of the trip inadvisable. In the unlikely event of TrendExpedition.com cancelling an expedition, all monies paid out will be refunded in full. This will be the full extent of TrendExpedition.com's liability. TrendExpedition.com is not responsible for any expenses incurred by expedition members in preparing for the trip, including non refundable or penalty-carrying airline tickets, visa or passport fees, or other trip-related expenses.
    6. 4.6 If the Client joins after the designated departure date or leaves before the specified arrival date, no refund will be made. No refund will be made in respect of any part of the expedition. Clients are advised to arrange travel insurance on booking in order to provide cover for these charges in the event of cancellation or delay.
    7. 4.7 Both TrendExpedition.com and the client will have the right to terminate the agreement in whole or in part with immediate effect if the other party is declared bankrupt or is granted a suspension of payments (whether or not provisional).
    8. 4.8 If TrendExpedition.comís work consists of recurrently performing work of a similar nature, the agreement in question will be valid for an indefinite period of time, unless otherwise agreed in writing. Such agreement may be terminated only by written notice given with due observance of a reasonable notice period of not less than three months.
  5. 5. Travel insurance
    1. 5.1 TrendExpedition.com strongly advises all participants to purchase travel insurance.
  6. 6. Good health
    1. 6.1 Participation in our expeditions requires that you be in generally good health. It is essential that persons with any medical problems and related dietary restrictions make them known to us well before departure. TrendExpedition.com can counsel the client on whether the expedition selected is appropriate for the client. TrendExpedition.com has the right to disqualify any participant at any time during the expedition if he, or she, feels the participant is physically incapable and/or if a participantís continued participation will jeopardize either the individual involved, or the group. There will be no refund given under these circumstances.
  7. 7. Performance of the agreement
    1. 7.1 TrendExpedition.com must make every effort to perform the work commissioned carefully and independently, to promote the clientís interests to the best of his ability and to achieve a result that is useful to the client.
    2. 7.2 The client must do any and all things that are reasonably necessary or required to enable TrendExpedition.com to act punctually and properly, in particular by supplying (or causing the supply of) clear information and by acting in a timely manner during the expedition.
  8. 8. Participation
    1. 8.1 TrendExpedition.com reserves the right to decline, or accept, any individual as an expedition member for any reason whatsoever.
  9. 9. Obligations of the participants
    1. 9.1 The participant must be in the possession of a valid passport and carry it with him/her during the expedition.
    2. 9.2 The participant(s) is/are obliged to follow up all indications of TrendExpedition.com, aimed at a good flow of the expedition. TrendExpedition.com can exclude a participant who does not observe these indications or endangers the qualitative standards of the expedition in any other way. Any additional costs of this will be incurred on the concerning participant.
  10. 10. Laws & Regulations
    1. 10.1 A booking is accepted on the strict understanding by the Client that the laws, customs, foreign exchange and drugs regulations of the country visited will be fully complied with. A Client found violating such laws and regulations or otherwise interfering with the well-being of the group or expedition may be required by TrendExpedition.com to leave the trip without recourse.
  11. 11. Engagement of third parties
    1. 11.1 Unless otherwise agreed, instructions to third parties (for example with regard to meetings) to be given in the context of executing a lecture commissioned will be given on behalf of the client. At the clientís request TrendExpedition.com acts as an agent for the clientís account and risk.
    2. 11.2 If TrendExpedition.com provides an estimate of third-party costs at the clientís request, such estimate will be an approximation only and is considered non binding.
    3. 11.3 The Client agrees to abide by the terms and conditions of all third parties concerned with the expedition. All arrangements are made by TrendExpedition.com as agent for the Client only and on the express condition that TrendExpedition.com is not liable for the default or negligence or for any loss, damage or injury, or any breach of contract caused by any person or company with whom such arrangements are made.
  12. 12. Itinerary changes
    1. 12.1 Itineraries are based on information available at the time of printing and are subject to change. TrendExpedition.com reserves the right to change timings during the expedition, staff, third parties (restaurants for example) or itineraries as conditions warrant. These changes will always be made where deemed advisable for the comfort and well being of the participants.
    2. 12.2 If an expedition itinerary must be changed due to bad weather, road conditions, transportation delays, government intervention, airline schedules, sickness, or other contingency for which TrendExpedition.com or its third parties cannot make provision, the cost of delays and/or other changes are the responsibility of the Client.
  13. 13. Complaints
    1. 13.1 With regard to any complaint or claim the Client agrees to ensure that at the earliest possible opportunity any perceived failure in the performance or improper performance of the contract whether by TrendExpedition.com or third parties is communicated to the expedition leader or supplier so that the concerns can be addressed.
    2. 13.2 Any complaints to TrendExpedition.com must be filed in writing at the earliest possible time but not later than within ten business days after completion of the expedition commissioned, failing which the client will be deemed to have accepted the work commissioned in its entirety.
    3. 13.3 In the event of a claim for compensation the Client agrees that any such claim must be detailed in writing and be received by TrendExpedition.com within 10 days of the expedition's completion date.
  14. 14. Liability
    This section defines TrendExpedition.comís responsibility with respect to all of our expeditions, including extensions and independent arrangements. Please read it carefully.
    1. 14.1 TrendExpedition.com, its owners, third parties and employees give notice that they assume no responsibility howsoever caused for injury, loss, or damage to person or property in connection with any service resulting directly from: acts of nature, detention, annoyance, delays, expenses arising from quarantine, strikes, thefts, pilferage, force majeure, failure of any means of conveyance to arrive or depart as scheduled, civil disturbances, terrorism, government restrictions or regulations, and discrepancies or changes in transit or hotel services over which it has no control. Although such circumstances are beyond our control we shall make every effort to provide prompt assistance if you are in difficulty. Should it become necessary to cancel an expedition because of such an event TrendExpedition.com will be entitled to retain such monies received necessary to cover costs incurred. We exclude any liability for all representations other than fraudulent.
    2. 14.2 The Client agrees to indemnify TrendExpedition.com in respect of any accident, personal injury, loss of life or damage to property sustained by the Client during the course of the expedition.
    3. 14.3 The Client accepts that all expeditions involve an element of personal risk and that neither TrendExpedition.com nor its third parties can be held liable for any inconvenience, injury, damage to property or loss of life caused. The Client accepts responsibility for all risks involved.
    4. 14.4 If and as far as TrendExpedition.com would be made a reproach in its activities and the constituent as a result will suffer damage, the liability or TrendExpedition.com will be restricted to one time the participantís expedition sum.
    5. 14.5 The liability of TrendExpedition.com for damage, causing death or lesion of the participant, becomes controlled by the Dutch Law taking into account following.
    6. 14.6 No liability is accepted for damage which arises to the participant through the use of any resources made available by TrendExpedition.com such as the bicycle, a van or accommodation thereby including hotels, swimming pools, sport materials and food supplied by visited restaurants.
    7. 14.7 TrendExpedition.com is not responsible if and in so far that the participant has been able to recover its damage from an insurance policy, like for example a travel - and/or cancellation insurance.
    8. 14.8 While undertaking transportation, hotel accommodation and other services TrendExpedition.com only acts as an agent. Their must be clear understanding that TrendExpedition.com will not be in any way, responsible or liable for any accident, damage, loss, delay or inconvenience caused in connection with the travel facilities arranged by the company, its employees or agents. All bookings are carried out with the utmost care, yet not responsibility is undertaken for any change or deviation on account of factors beyond TrendExpeditionís control.
  15. 15. Intellectual and other property rights
    1. 15.1 Unless otherwise agreed, all intellectual property rights arising with regard to the concept of TrendExpedition.com Ė including patents, design rights and copyrights Ė will vest in TrendExpedition.com. If any of such rights can be acquired only by registration, TrendExpedition.com will have the sole and exclusive power to effect such registration.
    2. 15.2 TrendExpedition.com will at all times be entitled to imprint their name on or in or to remove it from a publication. Without TrendExpedition.comís prior authorization the client may not publish or reproduce the work without identifying TrendExpedition.com by name.
  16. 16. Fees and additional costs
    1. 16.1 If TrendExpedition.com is required to perform more or other work due to late appearance or any change or error in instructions or briefings, such additional work will be charged separately on the basis of TrendExpedition.comís usual fees.
  17. 17. Other terms
    1. 17.1 TrendExpedition.com must keep confidential any and all facts and circumstances that come to their knowledge in the context of the work commissioned. The same duty of confidentiality in respect of such facts and circumstances must be imposed on any third parties engaged in the performance of the work commissioned.
    2. 17.2 The headings in these General Terms and Conditions have been included for easy reference only and are no part of these Terms and Conditions.
    3. 17.3 All agreements between TrendExpedition.com and the client are governed by Dutch law. The court that has the power to hear and decide any dispute between TrendExpedition.com and the client will be the court having jurisdiction in the district where TrendExpedition.com has his registered office or the court having jurisdiction pursuant to the law, at the contractorís option.

Law

All agreements between TrendExpedition.com and the Client are governed by Dutch law.

On advancement of payment to TrendExpedition.com, the depositor acknowledges that he/she has read and understands the above recited terms and conditions, and agrees to be bound by them.

© TrendExpedition.com 2006. All rights reserved. TrendExpedition.com, P.O. Box 11494, 1001 GL Amsterdam, The Netherlands, E office@TrendExpedition.com www.TrendExpedition.com