Terms & Conditions
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Hello!
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We are Terra Expeditions AB!
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These terms and conditions (the "Agreement") describe what you are legally entitled to expect from us when you purchase travel-related services through us, it also explains your obligations as a customer with us. The terms "we", "us" and "our" refer to Terra Expeditions AB. The term "you", “your” refers to the customer visiting our website, booking a tour through or with us or otherwise using our services.
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Our Agreement With You
We sell a variety of travel-related products from different suppliers and service providers, such as hotels, mountain huts, guides, and other professionals – we call these "Suppliers". Each Supplier has its own terms and conditions that are applicable to your particular arrangements in addition to our general terms and conditions, and you should make sure you understand them. Our website, which is referred to throughout this Agreement, can be found at www.terra.photography. Sometimes we are acting as an intermediary or a "Booking Agent" for products and services that are not directly supplied by us (e.g. ground transportation, hotel and hut accommodations, meals, tours etc.). You will be entering into a separate contract with such Suppliers in connection with such products and services.
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Deposits and Payment
Any deposits from you are non-refundable once the trip is confirmed. Payment of a deposit enables us to hold a reservation for you. We will advise you of the date that full payment is required (generally 60 days before the start of the tour, unless otherwise stipulated on the tour page). Payments of deposits are required at the time of booking. Deposits are generally 25% of the total amount unless a Supplier requires a greater amount to secure a booking, or other information is available on the tour page on our website. Upon the provision of your payment information, you are authorising us to make the payment arrangements with the corresponding Suppliers.
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Cancellations and Changes
Your contract with us or your Suppliers may allow them to cancel or amend bookings. We will ensure that you are promptly notified of any significant changes once we become aware of such changes if there is time before your departure, but we accept no liability for any changes or costs incurred that may result. Subject to the Supplier’s terms and conditions, you will then have the choice of accepting the change of arrangements, accepting an offer of alternative travel arrangements if one is made available by the Supplier, or cancelling your booked arrangements and receiving any applicable refunds. We do not guarantee that any refunds will apply.
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We endeavour to always deliver on our tours. However, we operate in mountainous areas such as the Andean mountains, the Alps and the Scandinavian mountains and also in the deep jungles of South America and the weather can change at short notice making it unsafe to venture into the outdoors. In case of a bad weather forecast, the tour may be altered. If possible, we will inform you via email or telephone at least one day before the tour. In case of a very bad weather forecast, we may be obliged to cancel the tour completely. This is always very unfortunate, but these are the unforgiving constraints of the mountain and rainforest environment. Tours may also be cancelled for other reasons. If the tour is cancelled by us, a refund will be made, excluding the cost of cancellations with Suppliers.
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Pending and Confirmed Status of Tours
“Pending” tours are tours which have not yet met the requirement of minimum participation – this means that it is not yet confirmed to go ahead. “Confirmed” tours have met the minimum number of participants and are confirmed to go ahead. When a tour is marked as Pending, we strongly advise against making travel arrangements (e.g. booking flights and trains). When a tour is marked Confirmed, it is time to make your travel arrangements (e.g. booking flights and trains). Please note that a tour can still be cancelled according to these Terms and Conditions.
In case not enough people are registered for a tour, we may decide to cancel the tour. In this scenario, all participants will receive a full refund, including the deposit payment. Any costs incurred by you to be able to participate in the tour (booking of hotel rooms on location, flights, train tickets, etc.) will not be refunded by us.
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Any type of bank fees incurred to proceed with a refund to a participant will be at your cost.
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Changes in Guides
We love to work with creative guides, i.e., external photographers. Our creative guides are specific to certain tours. It is important to remember that these can get sick, have unforeseen life events, or simply miss their flights. If this were to happen, we reserve the right to continue the tour partly (with the creative guide joining as soon as possible) or completely without them. If we have advanced knowledge of a creative guide's inability to join the tour, we will always notify you and endeavour to find a replacement.
Your Agreement With Us
Your Acceptance of these Terms and Conditions
By booking your arrangement with us or using our website, you are agreeing to be bound by the terms of this Agreement, and any additional terms and conditions of any Supplier that are applicable to your booking, travel arrangements or use of any website content. You agree on behalf of yourself and those you represent in the booking to comply with all such terms and conditions, including the payment of all amounts when due. You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, (c) you being denied access to the applicable travel related product or service, and (d) our right to debit your account for any costs we incur as a result of such violation.
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You represent and warrant that (a) you are of minimum 18 years old and can create binding legal obligations in connection with your use of our services or website, (b) you are legally authorised to act on behalf of those you represent in the booking and accept these terms and conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct. You are responsible for informing such other persons of all terms and conditions applicable to their travel arrangements. You understand that you are financially responsible for any use of our services or website by you and those using your name or account.
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If You Change Your Booking
Changes from one tour to another are permitted until the Balance Due Date (typically 60 days before the start of the tour, unless otherwise indicated on the tour page). If a change is requested later than the Balance Due Date, we will endeavour to accommodate the change, but no guarantee is given that it will be permitted. Please note that all reservation changes are subject to availability and the terms and conditions of the product purchased.
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If You Cancel Your Booking
If you decide to cancel arrangements for a Confirmed tour after paying the Deposit payment but before the Balance Due Date (typically 60 days before the start of the tour, unless otherwise indicated on the tour page), the deposits paid are non-refundable.
If you decide to cancel arrangements for a Pending tour after paying the Deposit payment but before the Balance Due Date (typically 60 days before the start of the tour, unless otherwise indicated on the tour page), the deposits paid are refundable.
Any cancellation received after the Balance Due Date (typically 60 days before the start of the tour, unless otherwise indicated on the tour page), will not be refunded. We require all our guests to have appropriate traveller’s insurance, which, in case of illness or injury, may cover such a scenario.
If You Have a Complaint
If you have a problem during your tour, please inform the relevant Supplier (e.g. your hotel) immediately. Should they be unable to resolve the matter, please immediately contact us. If we are with you on the tour, then talk to us. If you fail to timely contact us, we will not be permitted the opportunity to investigate your complaint and attempt to rectify any error while you are away, and this may affect your rights under this Agreement.
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Late Arrivals and Early Departures
No refund will be made for any tour hours or days missed due to late arrivals or early departure by you.
It is very important that you arrive on time for the start of a tour. Any delay from you could jeopardise the opportunity for you to join the tour. In case of late arrival by you that we are unable to accommodate, your tour will be cancelled without a refund. It is thus important to contact us if you are late to see if we can make arrangements for you to catch up with the tour. As we often operate in remote areas this is sometimes not possible.
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In case of an early departure, you will bear all the costs and responsibilities that it may involve (additional guides hire, transport, hotel room, etc.). If the departure is due to an illness or an accident, you will use your personal health, accident,
or mountain rescue insurance to which you will have subscribed prior to the tour. If you leave the tour before its completion, you will not be able to receive any refund for the time missed.
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Your Responsibilities and Insurances
Insurance is a vital part of your arrangements. You are obliged to privately take out adequate insurance for the duration of your journey. Travel insurance, health insurance, accident insurance, mountain rescue insurance, and personal liability insurance are mandatory elements of our tour arrangements. We are not able to arrange or advise regarding insurance that you may need in addition to the previously mentioned insurance. This insurance must be valid for the location and time where and when the tour is to be held.
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You and all participants of the tours should be aware that by taking part in a tour you can run certain risks related to travel, transportation, outdoor activities, eventual remoteness of medical facilities, etc. You must therefore, bear all risks you may be involved with (injuries, property damage, death, medical expenses, repatriation expenses, transportation costs for abandonment of the tour, economic losses, etc.), and hereby release us and agree to not hold us responsible for any and all liability, actions, causes of actions, debts, claims, and demands of every kind and nature in connection with your participation in any tour arranged by us. The terms hereof shall serve as a release and assumption of all risk by you, your heirs, executors, and administrators, and for all members of your family.
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You are financially liable for property and personal damage, even accidental, caused to third persons or property, including those owned by us.
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We cannot be responsible for any theft, accident or loss that may occur during the course of a tour.
Participation in a tour is done at your own risk. You are responsible for yourself and your own material and equipment.
We will not bear any responsibility for services that are beyond our control, such as lifts, huts, mountain cabins, hotels, restaurants, airlines, guides, and transportation companies.
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Under no circumstance will we be liable for additional costs, loss, damage or personal injury, death, economic losses, and delays caused by third-party agencies or companies, if not directly related to negligence by us.
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We cannot be held responsible for incidents or events unforeseeable and external to us during the tour such as war, political unrest, strikes, incidents caused by terrorist activity, pandemics or outbreaks of viruses, natural or nuclear accidents, evacuations, maintenance problems of means of transportation, schedule changes, fires, technical problems beyond the control of us, airspace congestion, bad weather, safety measures, failure, etc. causing delays and/or changes in itinerary, for which you will bear any additional costs associated with such events but not those relating to the provision of the original contractual benefits or agreed to replace them.
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You agree to indemnify us and our affiliates, and any of our Suppliers and any such parties’ officers, directors, employees and agents from and against any claims, causes of action, demands, losses, damages, or other costs, (including reasonable legal and accounting fees) brought by you or third parties as a result of (a) your breach of this Agreement, (b) your violation of any law or rights of any third party, or (c) your use of our website.
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You consent to our processing and sharing of personal information about you and other members of your party that you have provided to us to make the necessary travel arrangements.
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Photographs and videos may be taken during our tours and could be used for marketing activities. If you do not want to be featured in marketing materials, please let us know.
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Additional Terms
Warranties, Disclaimers and Limitations of Liability
For the avoidance of doubt, references herein to "us" "we" and "our" shall also refer to our affiliates. The information, products, and services provided by us or our Suppliers or published on our website may include inaccuracies or errors, including pricing errors. We do not guarantee the accuracy of and disclaim all liability for any errors or other inaccuracies relating to such information that appears on our website. We expressly reserve the right to correct any pricing errors on our website and/or on pending reservations made under an incorrect price. In such an event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.
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We make no guarantees about the availability of specific products and services. We make no representations about the suitability of the information, products, and services provided by us or contained on our website for any purpose. The inclusion or offering of any products or services by us does not constitute our endorsement or recommendation of such product or service. All such information, products, and services are provided "as is" without warranty of any kind. We disclaim all warranties that our website, its servers or any email sent from us or our suppliers are free of viruses or other harmful components. We hereby disclaim all warranties and conditions with regard to this information, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
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If despite the limitation above, we are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then our liability will in no event exceed, in the aggregate, the greater of the service fees you paid to us in connection with such transaction(s). The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
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General
We are acting as an independent contractor and no joint venture, partnership or employment relationship exists between you and us or our Suppliers as a result of this Agreement or your use of our website.
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We reserve the right at any time to modify this Agreement without prior notice to you. You may not assign your rights or obligations under this Agreement to any third party. We may terminate this Agreement at any time for any reason, and such termination shall not affect any right to relief to which we are entitled at law or in equity.
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This Agreement shall be governed by the laws of Sweden. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the enforceability of the remaining provisions will not in any way be affected or impaired.
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