BOOKING TERMS AND CONDITIONS
Read Carefully. This is a legally binding contract.
An adult or legal guardian must sign for minors under the age of 18.
All bookings are made with Alpinehikers, LLC, an Arizona limited liability company (“Alpinehikers,” “we,” or “us”). By booking a trip with us, paying a deposit or signing this agreement, you accept all of the terms in this agreement on your own behalf and on behalf of all persons listed on the booking, including any minor under your custody, care or control (“Minor” or “Child”) (also referred to as individually, “Traveler,” and collectively, “Travelers”), and direct us to perform services for each and every Traveler. The terms and conditions set forth in this agreement constitute the entire understanding and agreement between you the Traveler (“you” or “your”) and Alpinehikers with respect to any and all bookings, reservations, trips, or transactions made with Alpinehikers.
Online and Other Terms and Conditions Incorporated by Reference
These Booking Terms & Conditions incorporate by reference our liability waiver, which each Traveler is required to sign in order to participate in any of our trips, the terms and conditions published in our brochures, the terms and conditions published on our website, www.alpinehikers.com, which include but are not limited to the terms and conditions that appear on our sign up/reservations page and materials, our general tour info page, the information page for a specific tour (collectively referred to as “Booking Terms and Conditions”), and any other Alpinehikers’ policies that you sign to participate on the trip. Additional terms and conditions may apply to some Tours and are provided in our pre-trip packet. These Booking Terms and Conditions terms and conditions are subject to change at any time and without notice. As such, we encourage you to check our website periodically for any changes. You may also call or email us for the current version of our Booking Terms and Conditions at any time after your book your trip. In the event of a conflict, these terms govern.
Independent Third Party Suppliers/Responsibility
Alpinehikers, LLC does not own, manage or operate any hotels, restaurants or inns, air, land and water transportation (airlines, trains, cable cars, buses, taxis, etc.) used for services during the tour. As a result, Alpinehikers is not liable for any negligent or willful act or failure to act of any such third person, or of any other third party.
Although we do not require insurance, to protect your investment in the event you need to cancel your trip, trip cancellation and travel insurance is highly recommended. Please see our online terms and conditions, which discuss travel insurance and our cancellation policy. Travel insurance should cover personal injury, medical treatment, repatriation, and evacuation expenses, including helicopter rescue and air ambulance internationally. It is recommended that travel insurance also address personal property and trip cancellation coverage. Trip cancellation insurance may be the only means of receiving reimbursement for flights and other non-refundable expenses should one of our tours be cancelled for any reason.
COVID-19 Update (3/4/20)
We are eliminating our fees for changing and postponing tours for 2020. Anybody booked on an Alpinehikers or Run the Alps tour can change your initial itinerary to a different itinerary or postpone your trip without penalty. We just ask that you give us notice at least 45 days before your trip departure, and we will transfer all of your paid tour deposits and balances to a new tour. This new tour can be in a different region, it can be later this year, or even into future years. No penalty. No need to justify your decision if you’re not ready to decide.
Tour cancellations are still subject to our cancellation policy, but we are relaxing our cancellation fees to give you up to 45 days before your trip before larger penalties apply. See updated cancellation fee schedule below.
Deposits, Payments, Refunds and Cancellations by You
See our online terms and conditions for information on deposits, payments, refunds and cancellations. Note that a booking is not accepted and there is no contract between us until we confirm your booking in writing. Further, cancellation fees are based on the date we receive your written notification, not when you send the notification. As stated on our website, you may pay for your trip by credit card or check. We use a third party payment gateway to process credit card payments.
Cancellations must be received in writing (mail, email, or fax), and are subject to the following fees per person.
If you’ve received a rail pass from us, we will ask you to return this unused either to us or to Rail Europe, and this will be refunded to you as well.
Balance payments are due and payable at the 90 day pre-trip date. In the case of tours booked within 90 days of departure, balance payments are due by the date of invoice. Failure to pay on time can be considered grounds for cancellation, in which case our cancellation fees will apply.
Cancelling a trip is no fun, and it’s also very expensive. Many of our clients have to cancel each year for various and unpredictable reasons. To protect yourself in the event that you have to cancel, trip cancellation and interruption is highly recommended.
Unused Portion of Trip (no refunds)
No refunds will be provided for any unused portion of a trip once the trip begins, including but not limited to if you leave a trip for any reason, miss the trip’s departure date or an activity, or have to be removed from a trip. There are no exceptions to this cancellation and refund policy, including for reasons related to weather, civil strife, personal, family or medical emergencies or any other circumstances beyond our control. For this reason, we highly recommend that you purchase trip cancellation and interruption insurance.
Changes by You
If you need to make changes after your tour has been confirmed, for example, adding or subtracting nights, changing dates, changing rail passes, hotels or meal plans, we will be happy to help when we can. Keep in mind changes are not always possible, especially when one change affects subsequent nights or in the case of rail passes. As a result, it is in our sole discretion whether to accept a change request. You may be asked to pay an administrative fee and will be subject to the cancellation fees above, in addition to any new costs incurred, which can be substantial. Our outside suppliers, including hotels, often impose additional fees or penalties for changes and cancellations. Changes within one month of travel and mid-tour changes are treated as cancellations. Change requests should be made in writing.
Cancellations or Changes by Us and Flexibility
We reserve the right to cancel, alter or modify any trip without prior notice for any reason, including but not limited to for the safety, comfort and/or well-being of trip participants and for circumstances of Force Majeure (defined below), which is defined in this agreement below. This includes the right to replace or substitute guides and accommodations in the trip materials, modify the order in which places are to visited, and make other changes in the itinerary.
If we are forced to significantly alter or cancel your trip due to Force Majeure, which is rare, we will let you know as soon as possible. (As stated online, we will not cancel a trip simply due to low enrollment. In these circumstances, you can choose one of the following options: 1) Accept our offer of a comparable replacement trip (offered at our sole discretion and subject to availability), or 2) receive a refund of all monies paid less any non-refundable deposits paid to third party suppliers. When accepting an offer for a replacement trip: 1) If the cost is lower than the price of your original trip, you will receive a refund for the difference in cost, or 2) If the cost of the replacement trip is or higher than your original trip, you owe nothing. Any changes may require a supplemental payment from you or result in a partial or full refund. We will work with our suppliers to try and obtain any non-refundable deposits so that we can give you a full refund. We cannot guarantee such a result, though.
Denial of Participation
We reserve the right to deny participation in the trip to any Traveler at any time before or during the trip that we, in our sole discretion, judge to be incapable of meeting the rigors and requirements of the trip activities, or whose actions or deportment we judge unsuitable for group travel. Any costs resulting from being removed from a trip or being declined participation in a trip is at your expense.
We 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 our 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 our reasonable control, including without limitation acts of nature, 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 intervention, weather conditions, and unforeseen circumstances. If we and any of our suppliers are affected by Force Majeure, we and our suppliers shall be entitled to, and may in our sole discretion, vary or cancel any itinerary or arrangement in relation to the trip.
During any Alpinehikers’ trip, there may be opportunities to participate in activities or local events, which are not included in your trip itinerary. We make no representations about the safety or quality of these activities and events, or the standard of the independent operator running it. You understand and agree that any assistance given by Alpinehikers or your guide to help arrange these optional activities is done in good faith. We do not sponsor or endorse these activities or events. As such, we cannot be held liable for any injury or illness resulting from your participation. If you decide to participate in these events, you do so voluntarily and should take precautions to ensure your own safety.
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. This agreement, our liability waiver, and, if required, a medical statement or certification must be signed and submitted by you in order to travel with us. If we do not receive these signed documents from you 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 trip. Valid passports are required for travel to most destinations. Please check with the appropriate consulate or embassy for the latest entry requirements. You assume complete and full responsibility for, and hereby release Alpinehikers from any duty of, checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination, and all safety or security conditions at such destinations. While we may provide information on such matters as a courtesy to you, we are not responsible for any errors or omissions as to the information provided. We are not responsible for delays, changes, or cancellation costs due to incorrect, incomplete or expired traveler documents.
Health and Medical
You represent that neither you nor the Child (if applicable) do not have any condition, physical or mental, that would create a hazard for you or other Travelers or affect other people’s enjoyment of the trip. If you have a physical condition, dietary restrictions, or other conditions (pre-existing medical) that will require special attention during the trip, you must inform us in writing when the booking is made. We may require a medical certificate if you have a special condition.
Note that we are not a medical authority. We assume 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 trip.
We are not responsible for securing or protecting your baggage or personal belongings at any time during any trip, although we will take reasonable care in providing any baggage transfer services that are included in your itinerary.
Photography and Images Release
You grant us, as well as the guides on our trips and our Third Party Suppliers, a worldwide, royalty-free, perpetual license to use, re-use, distribute, display, create derivate works of, and reproduce any images, photos, or videos that you provide to us (whether directly or through a photo sharing service) (collectively, “Your Images”) in any medium, including but not limited to print, electronic media, or Internet, free of charge and without your right to inspection, for any purpose, including to promote and publicize our travel products and services worldwide.
You also acknowledge and agree that we or other parties, including but not limited to the guides on our trips, our third-party suppliers and other participants, may during your trip take or create images, photos, sound recordings and videos in any format that contain or feature you or the Child (collectively, “Trip Images of You”). These images may contain your or the Child’s name, likeness, identity, photographic image, videographic image or oral or recorded statements. You agree that we, the guides, and our third-party suppliers may use these Images for any purpose, including to promote and publicize our travel products and services, and grant us a perpetual, royalty-free, worldwide, irrevocable license to use such images without your prior inspection. If you prefer this your or your Child’s likeness not be used, you must notify us in writing prior to your trip’s departure date.
Copyright in all photographs, video and related materials created by you during your trip will belong to you upon creation, subject to the licenses stated herein.
Travel Advisories & Warnings
While we continuously monitor the areas we visit as reasonably possible, it is your sole responsibility to become informed about the areas where you are about travel to including any travel advisories and warnings issued by government authorities in your country. In the U.S., consult the U.S. State Department’s website at www.travel.state.gov or contact them by phone at the number specified on their website. You are responsible for protecting your own well-being and personal property before, during, and after your trip. This includes ensuring any and all vaccinations, inoculations, or prescribed medications are taken as directed by your local doctor and/or travel clinic for the areas visited.
Applicable Law, Choice of Forum, and Severability
You agree that this agreement shall be interpreted according to the laws of the State of Arizona in the United States. Jurisdiction over any dispute arising out of, in connection with, or relating to this agreement and/or the transactions and relationships among the parties contemplated by this agreement shall be filed exclusively in federal or state court in Phoenix, Arizona. You agree to personal jurisdiction in the specified forum.
Limitation of Remedies
You agree that the sole remedy for any default by Alpinehikers arising under this agreement shall be the return of the paid trip cost, to the extent consistent with applicable law. To the maximum extent permitted under applicable law, Alpinehikers shall not be liable for any special, consequential, indirect, incidental or other damages arising out of or in any way connected to this agreement, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Alpinehikers has been advised of the possibility of such damages. You expressly waive any right you may have to recover such damages.
Severability and Successors and Assigns
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. This agreement shall inure to the benefit of and be binding upon you and Alpinehikers and your respective heirs, legal and personal representatives, successors and assigns.
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.