These are the Terms and Conditions that will apply to your booking. Please read them carefully as you will be bound by them. Any person booking any trip with Barbarossa Turism is liable under these terms and conditions governed by the Republic of Turkey Law, in the Republic of Turkey. These Terms shall constitute the entire agreement between the Company and the Client relating to the subject matter herein, and shall cnstitute a binding agreement. There is no verbal or written; representation, warranty, prior agreement, or description of services, other than as expressed herein. The Contract is with Barbarossa Turism “the Company”. By booking a trip, you agree to be bound by these Terms and Conditions that govern the relationship, the cancellation policy and limitations of liability.
1. THE CONTRACT
All persons wishing to make a booking have carefully read and fully understand the Terms and Conditions that follow. By making a booking with the Company or its Agents, you accept on behalf of yourself and all those named on the booking including minors and persons under a disability to be bound by these Terms and Conditions. A booking is accepted and becomes definite only from the date when the Company sends a confirmation invoice or email. It is at this point that a Contract between the Company and the Client comes into existence. All person(s) named on the booking are hereafter referred to as the “Client” and references to Client shall be to all those so named.
“Carrier” means the owner and/or any charterer and/or manager of the vessel or any other person, to the extent that it acts as a carrier or performing carrier (in accordance with the definition provided in the Athens Convention).
“Conditions of Carriage” means the terms on which any transport is provided by a carrier including any carriage by sea, road, rail or air. The carrier’s Conditions of Carriage are available on request and are expressly incorporated into this Contract. The carrier’s and the Company’s liability for death and or personal injury and/or loss of and/or damage to luggage may be limited by international conventions including the Athens, Warsaw or Montreal Conventions.
“Contract” means the Contract concluded between the Company and the Client relating to the relevant package, bus pass, adventure, multi-day tour, day tour or independent trip which is evidenced by the issue of the confirmation invoice sent by the Company or its sales agent to the Client.
“Independent Trip” means booking anything included in the Independent and Tailor Made brochure. The service(s) to be provided is/are the tour(s) or service referred to in the booking confirmation.
“Package” means a bus pass, adventure, multi-day or day tour with or without flights and/or any accommodation of over 24 hours and transportation or other tourist services not ancillary to transport or accommodation and accounting for a significant part of the Package.
2. MEDICAL CONDITIONS AND SPECIAL REQUIREMENTS
The Client must notify the Company in writing during the process of booking of any medical conditions, pregnancy, disability or any other mental and or physical condition which may affect fitness to travel and or any medical condition. Failure to notify the Company may result in the Client being refused travel. Failure to notify the Company of any such condition that may result in the cancellation of a Package, will result in the complete loss of all fees paid for the package with no refunds. Some trips may be unsuitable for Clients due to age, mobility, disability, pregnancy, physical or mental conditions. It is the Client’s responsibility to consult a licenced physician prior to booking. The Company may refuse to carry pregnant women over 24 weeks or Clients with certain conditions. The Company is not required to provide any special facilities unless it has agreed to do so in writing. The Company will do its best to meet Clients’ special requests including dietary requirements, but such requests do not form part of the Contract and therefore the Company is not liable for not providing or complying with these requests. Medical facilities vary from country to country and the Company makes no representations and gives no warranties in relation to the standard of such treatment. Travelling with Children: Clients aged 18 at date of first travel are considered adults. An adult over the age of 18 must accompany every 2 children under the age of 18. The ratio of adults to children travelling together must be one adult per two children and two adults per four children (17 and under). The minimum age for Clients travelling on tours is 12. All enquiries with respect to children are subject to review and approval by the Company that reserves the right to restrict the number of travellers under the age of 18 on tours. If the adult accompanying the child is not the child’s parent or the parents are divorced, then a “Parental Consent Guardianship Form” must be signed (or other documents provided as requested by the Company) by the parent or legal guardian and received by the Company prior to departure.
Client Details including full name as it appears in the passport that the Client will be travelling with, passport number, passport expiry date, date of birth and nationality are required to confirm a booking. Any amendments to these details may result in failure to secure the Reservation. The Company will not be held responsible for any fees levied as a result.
The Company sells in six global currencies: Great British Pound (GBP£), Euro (EUR€), United States Dollar (USD$), Canadian Dollar (CAD$), Australian Dollar (AUD$) and Mexican Peso (MXN$). The Company reserves the right, however, to apply the currency of their choice to the booking.
4. FULL PAYMENT SCHEDULE/ACCEPTANCE OF BOOKING/CLIENT DETAILS
Full Payment: The Company must confirm acceptance of the Client’s booking in writing. Please refer to the confirmation invoice and/or confirmation email for details regarding full payment. Full payment of the tour price is due 60 days before the departure date of the first service booked. If full payment is not received by the due date, then rates and tour space cannot be guaranteed. If a booking is made 60 days or less before the departure date of the first service booked then the full amount is payable at the time the booking is confirmed. If this balance is not paid at the time the booking is confirmed, the Company reserves the right to treat the Client’s booking as cancelled. Tailor Made Trips require full payment at the time of booking. If full payment is different to that outlined in this clause, the requirement will be advised at time of booking and detailed on the invoice.
Client Details: In order for the Company to confirm and guarantee the Client’s travel arrangements, the Client must provide all Client Details with their full payment. If the Client does not provide all details 60 days or more before departure, an Administrative Fee of 15% of the tour price will be charged to the Client. In the event where client details have not been received by the Company 30 days prior to the Client’s trip departure, the Company reserves the right to treat the file as cancelled and full cancellation fees will apply. At a minimum Client Details include passport number, passport expiry date, passport issue date and place of issuance, completed medical form, full name as it appears in the passport you are travelling with, date of birth, place of birth, nationality and arrival details (or other documents as requested by The Company). A booking may not be confirmed without provision of Client Details.
Credit Card Charges: The Company is not responsible for any charges applied to credit card transactions and will not refund or return any fees charged by third parties and incurred during the transaction of the tour cost.
5. CANCELLATION OF A TOUR BY THE CLIENT
Any cancellation by a Client must be made in writing and be acknowledged by the Company in writing. The date on which the request to cancel is received by the Company or its Agents will determine the cancellation fees applicable.
Cancellation for Barbarossa Turism The cancellation fees are expressed hereafter as a percentage of the total tour price, excluding insurance. Cancellation fees for all Barbarossa products may vary without prior notice.
GENERAL CANCELLATIONS BY TRIP CATEGORY
Cancellation by Client:
90+ days prior to trip departure – Full Refund
Between 90 and 60 days prior to trip departure – Charged 30% of total booking price
Between 59 and 30 days prior to trip departure – Charged 50% of total booking price
Between 0 and 29 days prior to trip departure – No Refund
Cancellation of Tailor Made Tours:
Will be evaluated according to the conditions of the tour.
Cancellation by Client – Air-Expeditions:
Will be evaluated according to the air transport company’s policy.
6. CANCELLATION OF A TOUR BY THE COMPANY
The Company reserves the right to cancel any trip for any reason, but will not cancel a tour less than 60 days before departure except for Force Majeure, unusual or unforeseen circumstances outside the Company’s control. When a tour is cancelled by the Company before the agreed date of departure for any reason other than the fault of the Client, the Client can either:
- take a substitute tour of equivalent or superior quality if the Company is able and willing to offer such a substitute; or
- take a substitute tour of lower price, if the Company is able and willing to offer one and to recover from the Company the difference in price between the price of the tour originally purchased and that of the substitute tour; or
- have a full refund of all monies paid under the contract as soon as possible.
The Company is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the booking such as visas, vaccinations, non-refundable flights or rail, or other fees, loss of earnings, or loss of enjoyment, etc. If the Client is offered a refund but requests an alternative tour of a higher value than that originally booked, then the Client must pay the difference in price. Where after departure a significant element of the trip contracted for cannot be provided, the Company will make suitable alternative arrangements for the continuation of the trip. If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, the Company will provide the Client a refund of unused tour portions. Where a significant alteration or cancellation occurs which is not due to Force Majeure or other circumstances beyond the Company’s control, the Company will in some circumstances offer compensation. Significant alterations do not include the substitution of a vessel, modification of itineraries, change in cabin category or hotel accommodation provided it is of the same category.
7. UNUSED SERVICES
There will be no discounts or monies refunded for missed or unused services, this includes voluntary or involuntary termination/departure from tour, i.e. sickness, death of a family member etc, late arrival on the tour, or premature departure either voluntarily or involuntarily.
8. PRICES, SURCHARGES AND TAXES
The price of the tours published may go up or down from the time of publication. The Company recommends that the Client finds out the most up to date price of their tours including the costs of any other service provided by the Company at the time of making their booking. The Company reserves the right to increase tour price after the holiday has been booked due to unexpected price increases of third parties from which services are reveived; but will not do so any later than 30 days before the departure date stipulated. After a Confirmation Invoice has been issued any increase to the tour price will be as the result of changes in an increase in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airport charges, including any currency fluctuations. If the increase would be 10% or less of the holiday price the Company will absorb the changes in its costs of providing the tour. However if the increase is more than 10% the Company will pass this increase on to the Client.
Where the increase in price is more than 7% of the Clients holiday price then in these circumstances the Clients may either:
- withdraw from the contract without incurring any penalty; or
- accept the change of price.
The prices in this website and brochure are based on rates and costs in effect at the time of posting to the website or printing the brochure. The Company reserves the right to alter prices at any time prior to tour been paid in full. All dates, itineraries and prices are indicative only.
Barbarossa Turism may alter its timetable(s), inclusive of those impacted by other Operators’ products and relating to all services provided for in this ticket without notice. The Client appreciates and acknowledges that the nature of this type of travel requires considerable flexibility and should allow for alternatives. The itinerary provided for each trip is merely representative of the types of activities contemplated, and Barbarossa Turism is under no contractual obligation to strictly follow it. 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 or mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, high season, climate and other unpredictable or unforeseeable circumstances.
Changes made by Barbarossa Turism: Barbarossa Turism reserves the right to change any of the facilities, services or prices described on the website and brochure before a booking is made. If such a change is made, the Client will be told at the time of booking or when the change occurs. While Barbarossa Turism will endeavour to operate all trips as advertised, reasonable changes in the itinerary may be made where deemed necessary or advisable by Barbarossa Turism. If Barbarossa Turism makes a major change, Barbarossa Turism will inform the Client as soon as reasonably possible if there is time before departure. The definition of a major change is deemed to be a change affecting at least one day in five of the itinerary. If the major change is due to force majeure or unforeseen circumstances no compensation is payable. When a major change is made the Client may choose between accepting the change, obtaining a full refund of all the money paid or accepting any alternative trip offered by Barbarossa Turism
Changes made by the Client: A transfer from one tour to another can only be made more than 60 days before departure date and if approved by the Company. If such a request is accepted by the Company, the Company reserves the right to charge up to the deposit amount of the first booked tour. Any request to transfer received less than 60 days, before departure will not be accepted. In this case the Client must cancel the booking and then re-book on another tour. The Client may only transfer a booking to a departure date in the current season and may not transfer a booking to future seasons. Any such transfers will be regarded as cancellations and cancellation fees will apply. The Client may apply to have the name of the reservation altered by the Company more than 60 days prior to departure. Name changes cannot be made 60 days or less before departure. Any name changes are subject to Company approval and applicable Administrative Fees.
Other Changes: Any changes to a file will depend on availability and will be on a request basis. Any extra costs incurred for making the change will be charged along with an Administrative Fee. No changes are permitted to your booking within 10 days of departure.
Inca Trail and Galapagos Island trips: are non refundable, non transferable and the departure date is not flexible.
All tours do not include internal (within the Republic of Turkey) airfare or any other flights unless mentioned in the inclusions. The company 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 the Company.
Price changes: Until the tickets are issued, the Company 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 reasonable cause.
Full payment: Full payment must be received by the Company to guarantee the reservation at quoted price. A guarantee of payment by the Client is an acceptance of the travel arrangements as requested at the total price quoted. Cancellation fees will apply if the Client subsequently decides to cancel after ticket has been issued.
Changes & cancellations: Unless otherwise stated, airline tickets are 100% non-changeable & non-refundable once tickets have been issued. Changes made prior to ticket issuance may be applied at the Company’s discretion, and will also have Administrative Fees applied.
Flight re-confirmation: The Company strongly recommends flight times and numbers be verified or re-confirmed at least 72 hours prior to departure. The Company is not responsible for any change to airline schedules or flight numbers after tickets have been issued.
Airline tickets: Once issued, all airline tickets are non-transferable and valid only for the dates and routing shown. If an airline ticket is lost, the client is responsible for the full cost of a new ticket and any changes that may occur in replacement.
Airline, airport or weather delays: The Company will not be held responsible for any additional expenses or loss that may arise from airline, airport or weather delays. The Company will not reimburse for any additional expenses incurred by the Client as a result. The company will not refund any unused portion of air tickets purchased in the event of such delays due to conditions beyond its control.
13. ACCEPTANCE OF RISK
The Client acknowledges that the nature of the tour is adventurous and may involve a significant amount of personal risk. The Client hereby assumes all such risk and does hereby release the Company from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks. Prior to tour commencement, the Client may be asked to sign a participation form, with the following wording:
“I understand travelling with Barbarossa Turism may involve risks (and rewards) above and beyond those encountered on a conventional holiday, and that I am undertaking an adventure trip with inherent dangers. I understand I am travelling to geographical areas where, amongst other things, the standard of accommodation, transport, safety, hygiene, cleanliness, medical facilities, telecommunications and infrastructure development may not be of the standard I am used to at home or would find on conventional holiday. I have read and understood the Barbarossa Turism dossier for this trip I am undertaking and have provided details of any preexisting medical conditions I may have to Barbarossa Turism representatives. I accept these risks and obligations and I fully assume the risks of travel.
Please find the official Release Form at the end of this page.
Optional Activities: I understand during my trip there may be opportunities to undertake activities which do not form part of the itinerary. I understand Barbarossa Turism makes no representations about the safety or quality of the activity, or the standard of the independent operator running it. I also understand Barbarossa Turism is in no way responsible for my safety should I elect to enter into such optional activities. With full knowledge of the above, I may still elect to partake in the activity, and if I do so, I assume full responsibility for any risks involved, and the waiver and release of the Releases set out in the foregoing paragraph shall apply to such optional activities.”
Hotels, shuttle services or other elements of a Package will be arranged by the Company with local suppliers, who may themselves engage the services of local operators and/or sub-contractors. Standards of hygiene, accommodation and transport in some countries where excursions take place are often lower than comparable standards than what the Client may reasonably expect at home. The Company will at all times endeavor to appoint reputable and competent local suppliers. The terms and conditions of the suppliers will be applicable and are expressly incorporated into the Contract. These may limit or exclude liability of the supplier. The liability of the Company will not exceed that of any supplier. Local laws and regulations of the relevant country will be relevant in assessing performance of the services of any supplier. In the event of a complaint by a Client, this Contract will be regarded as having been performed if local laws and regulations relating to those services have been satisfied, even if the laws of the Republic of Turkey have not been met.
14. AUTHORITY ON TOUR
At all times the decision of the Company’s tour leader or representative will be final on all matters likely to endanger the safety and well being of the tour. By booking with the Company, the Client agrees to abide by the authority of the tour leader or Company representative. The Client must at all times strictly comply with the laws, customs, foreign exchange and drug regulations of all countries visited. If the Client is affected by any condition, medical or otherwise, that might affect other people’s enjoyment of the tour, the Client must advise Barbarossa Turism at the time of booking. 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, the Client’s behavior is causing or is likely to cause danger, distress or annoyance to others the Company may terminate that Client’s travel arrangements without any liability on the Company’s 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.
15. GUARANTEED DEPARTURES
The Company guarantees selected departures at their discretion. The departure shall become guaranteed once there is one Client confirmed upon it. This guarantee of departure is still subject to force majeure situations, and the Company reserves the right to remove the guaranteed designation at anytime due to circumstances beyond reasonable control. The Company will not be held accountable for any indirect cost resulting to the client for this action.
16. TRAVEL DOCUMENTS
Valid Passport: The Client must be in possession of a valid passport required for entry, departure and travel through each destination point along the itinerary of the tour, (passport must be valid 6 months past the return date), all visas, permits and certificates including vaccination certificates, insurance policies, required for the whole of the journey. The Client accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the tour, and is solely responsible for any adverse consequences resulting from missing or defective documentation. Any information or advice given by the Company regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the Client, and the Company is not responsible for any errors or omissions as to the information provided by third parties such as the appropriate governmental authorities.
Documents: To expedite the issuing of Barbarossa Turism travel documents please note that all tour related travel documents such as vouchers, itineraries and invoices will be sent via email email@example.com once full payment has been received by the Company. The Company reserves the right to impose an Administration Fee on those Clients who wish to receive their travel documents by other means.
Trip Details: It is the Client’s responsibility to visit the website or contact our Operations Team at least 72 hours prior to departure to ensure that the most current Trip Details are in their possession as minor changes may have been made since the tour documents were originally provided by the Company.
Visas: It is the Client’s responsibility to check Visa requirements for each country of travel according to their nationality. The Visa requirements may change at any moment without prior notice and the Company is not responsible for informing the client about this.
17. FACTORS OUTSIDE THE COMPANY’S CONTROL (FORCE MAJEURE)
The Company 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 the Company’s 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 the Company the consequences of which could not have been avoided even if all due care had been exercised; or an event which the Company or the supplier of services, even with all due care, could not foresee.
It is mandatory that all Clients obtain travel insurance with a minimum medical coverage of US$75,000 while travelling with the Company and this insurance must cover personal injury, medical expenses, repatriation expenses, and evacuation expenses. Clients must be able to provide proof of Insurance purchase and adequate coverage as per the required amounts above if requested by the group Leader or Company Representative. It is strongly recommended the coverage be extended to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client. The Company shall have no liability for loss, theft of or damage to baggage or personal effects. Personal belongings lost or stolen while unattended by the client in public lounges or other public areas, whether on board a vessel, train, bus, or other mode of transportation, publicly owned or operated by the Company or elsewhere, are not reimbursable. Losses due to ordinary wear and tear, and other acts of God are not reimbursable. The Company cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by the Company such as hotels, homestays, vessels, expedition vehicles, or any other mode of transportation. The Client acknowledges that the cost of the tour does not include insurance, and that the Client is required to obtain separate coverage at an additional cost. When obtaining travel insurance the Client must ensure the insurer is aware of the type of travel to be undertaken.
19. CLIENT RESPONSIBILITY
The Client acknowledges he or she will be visiting places where the political, cultural and geographical attributes present certain risks, dangers and physical challenges greater than those present in her or his daily lives. By booking travel with the Company, the Client acknowledges she or he has considered the potential risks, dangers and challenges, and expressly assumes the risks attendant to such travel conditions. The Client is solely responsible for acquainting themselves with customs, weather conditions, physical challenges and laws in effect at each stop along the itinerary, and is encouraged to locate or make contact prior to embarkation with her/his local embassy or consulate in each destination
20. ILLEGAL SUBSTANCES
Barbarossa Turism does not allow Clients to carry any type of illegal drug on any of our trips. If the federal police checks and finds illegal drugs in a Client’s bag or on his/her person, Barbarossa Turism will not be held liable. The Client will be held liable and assume full responsibility for the consequences of carrying illegal drugs in a foreign country.
21. DISCOUNTS AND PROMOTIONS
All discounts and reduced pricing are applied at the Company’s discretion.
22. CLAIMS AND COMPLAINTS
If a Client has a complaint against the Company, the Client must first inform the tour leader at the earliest opportunity to allow the grievance to be rectified. If satisfaction is not reached, the Client must contact the Company representative or local Office Manager whilst on tour in order that the Company is provided the opportunity to rectify the matter. Failure to indicate dissatisfaction whilst on tour will reduce or extinguish the Client’s ability to claim compensation from the Company. If satisfaction is still not reached through these means while the Client remains on the tour, any further complaint must be put in writing to the Company, via its Agents or directly to head office at firstname.lastname@example.org, within 30 days of the end of the tour. The Company will not accept any liability for claims received after this period.
23. OPTIONAL EXTRAS
Optional extras do not form part of the tour or contract. It is understood and accepted by the Client that any assistance given by the tour leader or representative in arranging optional extras does not render the Company liable for optional extras. Accordingly, the Client hereby releases the Company from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to the quality of such products. Amongst others, optional extras include rafting, horseback riding, sightseeing flights and other extras that are not included in the tour price.
The Company is not responsible for any improper or non-performance of any services forming part of the Contract which are wholly attributable to the fault of the passenger, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services to be provided under the Contract; unusual and unforeseeable circumstances beyond the control of the Company and/or the relevant supplier, the consequences of which could not have been avoided even if all due care had been exercised including (but not limited to) an event of force majeure; or any event which the Company and/or the relevant supplier could not even with all due care have foreseen or forestalled.
In the event that the Company is responsible for any death, injury or illness caused by the negligent acts and/or omissions of its suppliers of services which form part of the Contract then the Company limits its liability, where applicable by the International Conventions.
25. SUPPLIERS AND INDEPENDENT CONTRACTORS
Hotels, shuttle services or other elements of a Package will be arranged by the Company with local suppliers, who may themselves engage the services of local operators and/or sub-contractors. The Company will at all times endeavor to appoint reputable and competent local suppliers. The terms and conditions of the suppliers will be applicable and are expressly incorporated into the Contract. These may limit or exclude liability of the supplier. The liability of the Company will not exceed that of any supplier. Local laws and regulations of the relevant country will be relevant in assessing performance of the services of any supplier. Neither the Company or any carrier is liable for independent contractors.
In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this Agreement or amended accordingly only to such extent necessary to allow all remaining Terms and Conditions to survive and continue as binding.
27. SUCCESSORS AND ASSIGNS
These Terms and Conditions shall inure to the benefit of and be binding upon Barbarossa Turism and the Client and their respective heirs, legal personal representatives, successors and assigns.
28. ERRORS AND OMISSIONS
Although Barbarossa Turism has made a concerted attempt to verify the accuracy of statements made herein and Barbarossa Turism cannot be held responsible for any error, omission or unintentional misrepresentation that may appear on this website and on the brochure.
Barbarossa Turism will provide your personal information, as well as any personal information you provide in relation to the persons whose travel arrangements have been requested by you, to suppliers and carriers to enable the operation of the services requested by you. We do our utmost to protect your personal information.
30. APPLICABLE LAW
The Terms and Conditions including all matters arising from it are subject to the Republic of Turkey Law and the exclusive jurisdiction of the Republic of Turkey.
All online reservations and agency bookings shall be deemed as booked in the Republic of Turkey and shall be subject to the Republic of Turkey law and jurisdiction.
32. TERM BARBAROSSA TURİSM
In this agreement the term “BARBAROSSA TURİSM” includes BARBAROSSA TURİSM, its servants, agents and subcontractors. The objective of travelling with BARBAROSSA TURİSM is to try with our best effort to bring you into peace of mind and enable you to learn about yourself and the world around you; through our impeccable services and service quality.
33. IMAGES, VIDEOS AND MARKETING
The Client agrees that during the tour images, photos or videos may be taken by other travellers and/or the Company Staff that may contain the Client in part or in whole. The Client agrees that these images may be reproduced by the Company and the Client grants perpetual, royalty-free, worldwide, irrevocable license to reproduce such images, photos or video in any medium for promotion and publicity purposes.
UPDATING OF TERMS AND CONDITIONS
The Company reserves the right to update and/or alter these terms and conditions at anytime, and it is the Client’s responsibility to be familiar with them. The latest terms and conditions may be found on the Company website www.Barbarossaexperience.com
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
In consideration of the services of Barbarossa Tourism its agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively Barbarossa Tourism), I hereby agree to release and discharge Barbarossa Tourism on behalf of myself, my parents, my heirs, assigns, personal representative and estate as follows:
- Inherent RisksI acknowledge that any adventure related activity such as rafting, mountain biking, zip-lining/canopy, bungee jumping, trekking/hiking, swimming, horseback riding, camping entails known and unanticipated risks that could result in physical or emotional injury, death, or damage to myself, to property, or to third parties. I understand and acknowledge that the enjoyment and excitement of adventure activities is derived in part from inherent risks incurred by activity beyond the accepted safety of life at home or in my normal day to day activities and are an integral reason for my participation in this activity. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I also understand and acknowledge that failing to use or properly use safety type equipment increases my risk of injury or of not surviving an accident or incident while participating in these activities. In all of the following activities inherent risks include, but are not limited to: the equipment may be faulty; communication from guides may be unclear during the activity and misunderstandings may occur; in the remote terrain in which these activities occur rescue and medical treatment may not be immediately available in the event of an accident. I may encounter dangerous wildlife, insects, etc.; changing weather conditions, storms or even lightning are possible; exposure to the natural elements can be uncomfortable and/or harmful causing sunburn, dehydration, heat exhaustion, heat stroke, heat cramps or fatigue, some or all of which may diminish my or the other participants’ ability to react or respond;
Rafting: The inherent risks associated with the rafting trip in which I am about to participate include, but are not limited to: encountering whitewater rapids and changing water flows and the possibility that I will be injured on the raft; there may be errors in food storage or preparations; the raft may break down or be faulty; it is possible that the raft may collide, capsize or sink and I could be “washed” overboard; I can slip or fall during hiking or portaging or getting to and from the raft; the raft or any portion of it may collide with or encounter other rafts, manmade or natural objects including submerged or semi-submerged objects, etc.; I understand that prolonged exposure to cold water can result in “cold water immersion” syndrome or “cold shock,” hypothermia and sometimes death; Mountain Biking: The inherent risks associated with the mountain biking trip in which I am about to participate include, but are not limited to: uneven terrain, gravel or other visible or hidden obstacles on the mountain biking route, planned or accidental straying from route. Zip-lining/Canopy: The inherent risks associated with the zip-lining/canopy trip in which I am about to participate include, but are not limited to: obstacles such as long hair, loose clothing, jewelry, camera equipment that can become entangled in the equipment causing injury; improper use of the safety clips and carabineers may result in injury or death. Bungee Jumping: The inherent risks associated with the bungee jumping activity in which I am about to participate include, but are not limited to: faulty equipment, negligence on behalf of the staff, death, high blood pressure, vomiting, nausea. Trekking/Hiking: The inherent risks associated with the trekking/hiking trip in which I am about to participate include, but are not limited to: muddy or wet terrain, visible or hidden obstacles on the trekking route, narrow passages on steep cliff sides, passing porters carrying heavy packs; encountering dangerous wildlife such as donkeys, llamas, cows, dogs; falling from a cliff, unstable or loose rock, landslides, further damage or existing injuries caused by the exertion, altitude sickness, acute mountain sickness, exhaustion, hypothermia. Swimming: The inherent risks associated with the swimming activity in which I am about to participate include, but are not limited to: drowning, hypothermia, slipping and falling from wet surfaces, exhaustion. Horseback Riding: The inherent risks associated with the horseback riding trip in which I am about to participate include, but are not limited to: falling off the horse while mounting or dismounting, injury by a horse’s kick, bite or buck, planned or accidental straying from the route. Camping: The inherent risks associated with the camping trip in which I am about to participate include, but are not limited to: unpredictable climatic conditions, snow storms, rain, lightening, loss of personal possessions or valuables from robbery, damage to personal equipment from water leakage, encounters with wild animals, improper water purification or food storage, landslides, rockslides, avalanches.
I understand that my failure to follow instructions and safety regulations on all of the above activities can cause bodily injury to others and/or myself and may result in death.
- I acknowledge thatI AM ULTIMATELY RESPONSIBLE for my own safety and life during my participation in Barbarossa Tourism events/activities. Barbarossa Tourism acts as an agent to provide transportation, accommodation and activities operated by third party operators over which Barbarossa Tourism has no control or liability. I acknowledge that I may choose to participate in activities that are provided by other vendors or operators over which Barbarossa Tourism has no control. Those activities are incidental to the activities provided by Barbarossa Tourism and may involve errors in judgment by the other vendors or operators for which Barbarossa Tourism can bear no liability. Barbarossa Tourism is in the business of providing adventure type trips. Transportation to and from the activity is incidental to the activity. Transport and car, bus or van travel in some instances may be provided by Barbarossa Tourism and may involve errors in judgment by Barbarossa Tourism staff operating the vans, buses, cars or other transport vehicles. The vehicles and transport trailers may malfunction, breakdown or be poorly maintained, causing injury, accidents, delays or in the extreme case, death. Furthermore, Barbarossa Tourism guides have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions and/or I as the participant may fail to understand the safety directions due to language issues. I specifically acknowledge that decisions made by guides/staff and participants are often made in wilderness/remote/dangerous settings and are made based on often imprecise, momentary and subjective perceptions so that decisions are subject to errors in judgment that can not and should not be associated with fault at a later point in time.
3. Express Assumption of RiskAs lawful consideration for being allowed to participate in activities offered by Barbarossa Tourism, I expressly agree and promise on behalf of myself and any of the children for which I am responsible, to accept and assume all the risks existing in this activity. My/ Our participation in this activity is purely voluntary, and I/we elect to participate in spite of the risks. I / We expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I/we are signing it of our own free will.
4. Release and Waiver of Rights Including for Claims of NEGLIGENCE On behalf of myself and any of the children for which I am responsible I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Barbarossa Tourism from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my/our use of Barbarossa Tourism’s equipment or facilities, including any such Claims which allege negligent acts or omissions of Barbarossa Tourism
IndemnityShould Barbarossa Tourism or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree on behalf of myself and any of the children for which I am responsible to indemnify and hold them harmless (in other words, I agree to pay for…) for all such fees and costs.
Personal Skill & InsuranceI certify on behalf of myself and any of the children for which I am responsible that I/we have sufficient skill and fitness to participate in the activities offered by Barbarossa Tourism I further certify that I/we have no medical, mental or physical conditions which could interfere with my/our safety or ability to participate in these activities, or else I/we are willing to assume and bear the cost of all risks that may be created, directly or indirectly, by any such condition. I/we further certify that I/we have adequate insurance to cover any injury, damage or emergency transportation or search and rescue costs I/we may cause or suffer while participating, or else agree to bear the costs of such injury, damage or emergency transportation costs ourselves.
Medical IssuesI agree on behalf of myself and any of the children for which I am responsible that, in the event that Barbarossa Tourism deems it necessary to administer emergency first aid or CPR or to remove me/us from its activities or premises or from the field or to seek emergency medical care for me/us that, by signing this document, I/we are giving Barbarossa Tourism permission to: administer emergency first aid or CPR, secure emergency transport or medical care and/or disclose any medical information it may have about me/us to any healthcare provider which may become involved in my/our care, treatment or removal from the field. By signing this document I/we are waiving any right to object to or bring any type of action or claim against Barbarossa Tourism for its administration of emergency first aid or CPR or for securing emergency transport or medical care and/or for the disclosure of personal medical information it may have about me/us to any health related person who becomes involved in my/our care or removal from Barbarossa Tourism activities or the field.
Medical and Life InsuranceI understand that it is my responsibility to purchase medical and life insurance prior to my trip and assume sole responsibility In the case of medical emergencies including but not limited to pre-existing conditions, accidents, dismemberment, emergency evacuation or loss of life. By signing this document I/we are waiving any right to object to or bring any type of action or claim against Barbarossa Tourism due to medical emergencies, life threatening situations and/or death.
9. Photographic Assignment I understand that the Barbarossa Tourism reserves the right to take photographic or film (of whatsoever nature) records of any or all of its activities or trips and on behalf of myself and any of the children for which I am responsible I/we hereby agree that Barbarossa Tourism may use such records for promotional and/or commercial purposes without any remuneration to me. I/we hereby assign all right, title and interest I/we may have in or to any and all media in which my name or likeness might be used by Barbarossa Tourism.
Release as Contract and Personal CapacityOn behalf of myself and any of the children for which I am responsible I expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I/we are signing it of my/our own free will. I/we expressly acknowledge that I/we are not under the influence of drugs or alcohol at the time of my/our signing of this document and that there are no other impediments or reasons why I/we would lack the capacity to enter into this contract with Barbarossa Tourism
Forum Selection, Severability, Breach of Contract/Warranty Waiver, Etc. In the event I/we file a lawsuit against Barbarossa Tourism, I/we agree to do so solely in The United States of America, and I/we further agree that the substantive law of that country shall apply in that action without regard to the conflict of law rules of that country and I/we hereby irrevocably waive any other jurisdiction or venue to which I or my estate might otherwise have been entitled. I/we agree to submit to the jurisdiction of The United States of America courts. I/we agree that if any portion of this agreement/contract is found to be void or unenforceable, the remaining portion shall remain in full force and effect; this document is intended to be interpreted as broadly as possible. A copy of this release contract can be used as if it were the original. I/we understand that this document constitutes the entire Agreement/Contract between ourselves and Barbarossa Tourism and that it cannot be modified or changed in any way by representations or statements of any nature (be they vocal, advertising, etc.) outside of this document; in other words, I/we are also waiving any claims I/we might have for breach of contract or warranty for statements or representations made outside of this release contract.
By signing this document, I acknowledge for myself and any of the children responsible for that if anyone is hurt or property is damaged during my participation in this activity, I/we may be found by a court of law to have waived my/our right to maintain a lawsuit against Barbarossa Tourism on the basis of any claim from which I/we have released them herein. It is my responsibility to fill in the following information completely and correctly. Any problems resulting from incorrect information are solely my responsibility.
I/WE HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT (ALL PAGES). I/WE HAVE READ AND UNDERSTOOD IT, AND I/WE AGREE TO BE BOUND BY ITS TERMS.
Name of Participant:_________________________ Date (DD/MM/YYYY): ____________________
Participant Signature:_________________________________________ Date:_________________
Printed Name as it appears in your
Passport Number: __________________________
Date of Birth (DD/MM/YYYY): ______________
Country:____________________ Postal Code: ____________
Cell Phone #:_______________________
Parent or Guardian Additional Indemnification and Signature (Must be completed for participants under 18 years of age)
I/we represent that I/we have complete and absolute authority to bind, contract for and legally act on behalf of the minor child listed below; I/we believe and represent that I/we have the legal authority to make the waivers and releases contained herein. I/we understand and acknowledge that Barbarossa Tourism relies to its detriment on this representation. In consideration of my child or ward (AMinor@) being permitted by Barbarossa Tourism to participate in its programs or activities, I further agree to indemnify (in other words, I agree to pay for…) and hold harmless Barbarossa Tourism from any/all claims which are brought by, or on behalf of Minor, and which are in any way connected with Minor’s use or participation.
Printed Name:_____________________________ Date:__________
Printed Name:_____________________________ Date:__________
ALL PARTICIPANTS MUST FILL OUT THE FOLLOWING INFORMATION:
1. Do you have any medical condition, of which we should be aware, or any medical or physical condition that would affect your ability to meet the physical demands of the activity or activities you are participating in with Barbarossa Tourism? (mountain tours, trekking/hiking, camping, etc.)
CIRCLE ONE: YES NO
If YES, please specify condition:
2. Contact Person in case of an emergency:
Cell Phone Number: ___________________________
3. Medical/Life Insurance Information in case of an emergency:
Insurance Company: __________________________
Policy Number: _______________________
Insurance Company’s Emergency TelePhone(s) with country codes and area codes: