Terms & Conditions

This website is provided by Fair Voyage GmbH (hereafter referred to as “Fair Voyage”,”us”, “we”, “our” or “ours”). Any references on this site and in correspondence to Fair Voyage and FairVoyage.com refer to Fair Voyage GmbH, a company registered in Switzerland at c/o Impact Hub Zurich Association, Sihlquai 131, 8005 Zurich.

Fair Voyage does not organize its own tours or activities but represents tour operators, activity organizers and other service providers (Operators, each an Operator) to promote and facilitate the sale of the tours, activities or services (Tours, each a Tour) that they organize and operate. We operate this online platform at FairVoyage.com and related websites or applications to connect responsible Operators with travellers (our Services), in consideration for which we collect a fee only from Operators (not from travellers).

Any contracts for Tours are to be made directly between you and the Operator. Fair Voyage is not able to influence or control any Operator or Tour. The Operators, not Fair Voyage, are solely responsible for honouring any confirmed bookings and making available any Tours reserved through us.

In addition to our terms and conditions (Terms and Conditions), each Operator may have their own additional requirements or terms and conditions applicable to a Tour (Operator T&C), available in the booking section of the Tour or on reservation or booking request.

Contract

By using FairVoyage.com or any Fair Voyage-affiliated website, you agree to be legally bound to the following Terms and Conditions, which shall take effect immediately. If you do not agree to be legally bound by all the following Terms & Conditions, please do not access and/or use FairVoyage.com or any Fair Voyage-affiliated website. In all cases, the person making the booking shall be deemed to have accepted these Terms and Conditions on behalf of all the other person(s) included in their booking.

By reserving a Tour through Fair Voyage, you further accept the applicable Operator T&C of the Operator providing your Tour. If you are an Operator, you also agree to our Terms of Business.

Bookings and payments

All Tours are organized and operated by Operators. They may or may not be available at the time of your booking request. None of the Tours or other information on FairVoyage.com constitutes an offer binding to us. Any booking will always be subject to availability.

Reservation or Booking Request
If you wish to make a reservation or booking for a Tour, please follow the steps via the “Reserve Now” or “Book Now” button on our website or such other steps as we may provide to you via our chat bot, email, social media, or other channels. When you see the option to “Reserve”, this means that you may submit a non-binding reservation request to confirm your Tour price and availability. To do so, no payment details are required (Reservation Request). When you see the option to “Book”, this means that you may directly submit a binding booking request which will automatically lead to a confirmed booking, subject to the process outlined below. To do so, payment details are required (Booking Request).

Reservation or Booking Confirmation
Once we receive your Reservation Request or Booking Request for a Tour, the Operator will be requested to confirm availability normally within 48 hours (or as soon as possible thereafter in case of weekends or public holidays). You will receive a reservation or booking confirmation by email (Reservation Confirmation or Booking Confirmation) from us on behalf of the Operator (including the Operator’s name and contact details), or the reservation or booking will be cancelled automatically if the Operator does not confirm availability within the defined time period. As we may use our automated email and messaging system to deliver your confirmation or other important communications related to your Booking Request, please add booking@email.fairvoyage.com to your address book to help us get these emails into your inbox.

Payment Schedule
The Tour price payment schedule as set out below (Payment Schedule) is the same for all Tours, independent whether initiated by you via a Reservation Request or a Booking Request. The process of when you submit your payment details and when your booking becomes binding for you differs between a Reservation Request and Booking Request as follows: (a) When you submit a Reservation Request and consequently receive a Reservation Confirmation, you will be required to make the payment as per the Payment Schedule usually within 72 hours (unless otherwise stated) if – and only if – you wish to proceed with the booking. We will then email you a Booking Confirmation. If we do not receive your payment within the stipulated timeline, your reservation will be cancelled automatically. (b) When you submit a Booking Request, you agree that we may pre-authorize a charge on your credit card, bank card, bank account or other payment account (each a Payment Account) provided by you up to the amount of the Tour price at the time of your Booking Request. You further agree that we may charge your Payment Account if the Operator confirms availability within 120 hours (5 days) of your Booking Request according to the Payment Schedule.

Payment Schedule:

  • If the Reservation or Booking Confirmation is more than 60 days from the start of your Tour (local time): A deposit of usually 30% of the Tour price or such other amount as stated specifically for your Tour (Deposit) is required to confirm your booking following a Reservation Confirmation, or is charged at the time of the Booking Confirmation, and
  • If you do not cancel your booking up to 60 days prior to the start of your Tour (local time): The remaining Tour price balance (total Tour price less Deposit amount paid) is payable 60 days prior to the start of your Tour; or
  • If the Reservation or Booking Confirmation is within 60 days of the start of your Tour: the full Tour price is required  to confirm your booking following a Reservation Confirmation, or is charged at the time of the Booking Confirmation.

In the case of a Booking Request: If an Operator has already pre-confirmed the availability of a Tour, we may charge your Payment Account immediately during checkout at the time of your Booking Request. When we provide you the option to make a payment by bank transfer, we will normally only charge your credit card if we have not received the due amount (1) day prior to the above due dates. Any double charges due to delays in processing times, such as bank holidays, will be refunded.

Please note that Fair Voyage cannot control any fees that may be charged to you by your bank related to our collection or your transfer of payments, and we disclaim all liability in this regard.

Payment Confirmation and Confirmed Bookings
Upon receipt of each of the Deposit and remaining Tour price payment, or full Tour price payment, we email you a payment confirmation (Payment Confirmation). Your booking is not confirmed until we have emailed you the Booking Confirmation and applicable first Payment Confirmation. Your booking further remains subject to your compliance with other applicable terms and conditions.

Payments on Arrival
For certain add-on services or purchases related to your Tour, you may have the option to pay on arrival . This may include equipment rentals, accommodation upgrades, purchases of food and beverages, or any other Tour upgrades or purchases required or desirable by you to participate in your Tour (Add-On Services, each an Add-On Service). For any such payments, please note that it is your responsibility to ensure that you bring a locally acceptable means of payment to secure your Add-On Service(s). Especially in developing countries and remote regions, please note that cash machines or credit card machines may not always be available, and – even if available – may not work due to machine outages or poor network connectivity. Furthermore, local banks may charge significant fees for cash withdrawal or card payments. We therefore strongly advice that you bring sufficient cash in a locally acceptable currency for all your intended payments locally.

Liability for other individuals in your booking
If your booking includes other individuals, you assume all liability also for those individuals. It is your responsibility to ensure that they have read these Terms and Conditions.

Currency
Unless specifically stated otherwise, rates on this site are in US dollars, which is usually also the currency for your payment.

Timezone
Please note that all dates and times indicated on FairVoyage.com refer to the timezone of the Tour location, unless specified otherwise.

Changes to your booking

If you would like to make changes to your confirmed booking, such as add additional services or items to your Tour, we and your local Tour Operator will do our best to meet your requirements, subject to availability and feasibility. Please inform us at least 14 days prior to your Tour start of any desired changes. An administrative fee of US$50 (Change Fee) will be charged to process each change. For Tour cancellations, please refer to our Cancellations and Refunds Policy. If you would like to cancel only individual services or items that were priced separately (such as transfers, equipment rentals, additional accommodation or accommodation upgrades), we regret that we cannot refund such amounts.

Changes to your itinerary

Your Tour itinerary was written to provide helpful information to you about your destination and activities, and to be representative of most Tours which follow the same itinerary of itinerary steps. Variations are possible at the discretion of your local guide and Tour Operator to deliver the best possible experience to you within the constraints of external, group-specific and your personal circumstances.

If you need to change your itinerary during your Tour (for example as might be required due to sickness, accident or personal emergencies), please note that you will need to pay your local Operator directly and immediately any additional costs incurred, such as for transfers, meals, or accommodation. No refunds can be made for those parts of your Tour that you will no longer be able to participate in.

Late arrivals and luggage delays

When making your travel arrangements, please consider that flights or other transportation to your Tour start location might get delayed. Furthermore, it happens that luggage gets lost or displaced. Any such late arrivals may cause major problems for organized Tours. While your Operator will make best efforts to help in such situations, you will need to pay your local Operator directly & immediately any additional costs incurred, such as for transportation or hiring of equipment. When it is not possible to change your itinerary to accommodate late arrivals, you may not be able to participate in the Tour, and your Tour price will be forfeited. We therefore strongly recommend that you plan to arrive two to three days prior to the start of your Tour, and that you wear or carry in your hand luggage all essential items required for your Tour.

Cancellations and Refunds Policy

Unless stated differently for a Tour, the following terms and conditions apply to cancellations and/or refunds:

  • All cancellations have to be submitted in written form, by sending an email to support@fairvoyage.com, stating: a) your Booking Confirmation number, b) first and last name, c) Tour start date, and d) reason for cancellation (collectively, the Cancellation Email).
  • If your Cancellation Email reaches us more than 60 days prior to the start date, only your Deposit will be forfeited.
  • If your Cancellation Email reaches us 60-31 days prior to the start date, 50% of the total Tour price will be forfeited. We will refund the refundable balance to your credit card or nominated bank account within a reasonable time period (please allow us at least 10 working days).
  • If you cancel a Tour within 30 days of the start date, 100% of the Tour price will be forfeited.

The Change Fee applies and will be deducted from any refunds.

Should an Operator cancel a Tour, you are usually entitled to a refund of your Tour price that you have already paid. A second option is to apply those funds to another Tour, all of which is subject to the Operator T&C. In the unlikely event that a Tour Operator cancels a confirmed booking and the cancellation information comes solely from them and not in addition from us, please contact us at support@fairvoyage.com.

Please note that payment transaction fees such as credit card fees, bank fees and exchange rates may mean any amount refunded is different from the amount originally paid, particularly in instances where a currency exchange is involved. Fair Voyage has no control over any such fees or exchange rates and is unable to accept responsibility for any such discrepancies in refunded amounts.

Insurance

It is essential that you and anyone included in your booking be covered by insurance before setting out on holiday. This insurance must cover personal accident, medical expenses, loss of effects, repatriation costs and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience. If you are undertaking a hazardous activity, your insurance must also cover this particular activity. Please ensure that the insurer is aware of the type of Tour to be undertaken.

It is also advisable that you take out a travel cancellation insurance as soon as we have confirmed your booking, to cover your non-refundable costs in case of cancellation or changes to your Tour. Please always read your insurance terms and conditions carefully, to ensure that your particular event will be covered.

Your Operator may require proof of travel insurance before allowing you to participate in their Tour that involve hazardous activities. It is your responsibility to provide the necessary proof of insurance.

Accuracy of information

On FairVoyage.com and our other channels, we aim to publish accurate, up-to-date information regarding Tours and Operators. This information is almost always supplied by the respective Operator. It is bound to change frequently and will not always be updated as quickly as we would like. We therefore cannot guarantee the accuracy of this information. You should make your own independent enquiries with the Operator and other third parties and use your own judgment to assess the accuracy of any information accessed through FairVoyage.com.

Fair Voyage accepts no responsibility for errors, inaccuracies or omissions of any information on our website(s). This also means that we accept no responsibility for any complaints as to any part of your Tour not being as described on FairVoyage.com. However, we will make every effort to correct quickly any errors brought to our attention.

Limitation of liability

The responsibility of Fair Voyage GmbH as well as its employees, agents and representatives is strictly limited. Fair Voyage does not organize its own Tours and as such assumes no liability for any act or omission on the part of the Operator or any other company or individual involved in carrying out the arrangements of the Tour. Fair Voyage is not responsible for the willful or negligent acts and/or omissions of these suppliers or their employees, agents, servants or representatives including, without limitation, their failure to deliver or their partial or inadequate delivery of services.

Fair Voyage does not warrant or represent that any Tour is suitable or fit for your purpose. You should not undertake any of these Tours unless you are medically able and properly trained.

You know that Tours presented herein involve travel to isolated regions; strenuous and potentially hazardous activities (including, but not limited to, any activities in high altitudes, climbing and mountaineering, bicycle riding, or scuba diving); potentially hazardous traffic and means of transportation (including, but not limited to, roads with higher risk of accidents due to irresponsible traffic participants, or small charter planes) and potential exposure to wildlife. Therefore, these Tours may involve a significant amount of personal risk, including by way of example, personal accident, injury, disease, death, loss or damage of property, inconvenience, and discomfort. There may be no or limited access to emergency medical treatment or timely evacuation.

Furthermore, you know that many Tours require special equipment to protect your health and safety. Operators may or may not rent such equipment, which may or may not be suitable. You certify that you are familiar with the specific types of equipment and their requirements to undertake the Tour, and will make your own arrangements to have the necessary suitable equipment available during your Tour.

By submitting a booking request through FairVoyage.com, you agree, warrant and covenant that:

  • You assume all risks associated with these Tours as well as the effect of weather, traffic, and force majeure;
  • You will not hold Fair Voyage and its employees, agents or representatives liable for any accident, injury, illness, death, costs, property damage, theft or personal loss; and
  • You release and discharge Fair Voyage, its representatives, agents and employees, from any and all claims suffered by you as a result of your participation in or traveling to or from any Tours presented on FairVoyage.com or an Operator.

Insofar as Fair Voyage is unable by law or by statute to exclude its liability, then you agree that our liability to you is limited to Fair Voyage providing the Tour (or a similar Tour) again to you.

Operator T&C

Please note that it is your responsibility to also read the Operator T&C and all the requirements applicable to your Tour carefully before making your booking and any payments. Should you not be able to locate the Operator T&C on the Tour page or have received them by email, please contact us. If you are not able to participate in a Tour because you do not meet the requirements (including, but not limited to, lack of: travel documents or visa, medical suitability, adequate proof of insurance, certificates or licenses, willingness to sign a liability waiver form), we regret that we cannot refund the Deposit or other full or partial Tour price payment made to us.

Unless explicitly stated otherwise in the Operator T&C, or if no further Operator T&C are explicitly confirmed to apply to your Tour, please note that the following applies to all Tours and Operators:

Accommodation

Accommodation is subject to availability at your time of booking and for your entire group. If not available, Operators may change your accommodation different from the one included in your itinerary or Booking Confirmation.

Price increases

All price quotations are based on the current rates of park fees, VAT and other government taxes. Should any of these be increased or a new tax introduced (which is outside of our control or the control of any Operator), we regret that such increases will be added on to your final Tour price even if the trip has already been paid for. The final Tour price may thus be higher than the price confirmed in your Booking Confirmation, and you will need to pay the difference in order to participate in your Tour. Therefore, we strongly advice that you confirm with your insurance provider that your travel insurance will cover and protect you against such an unfortunate event.

Operator liability

While your Operator will do their best to deliver a satisfactory Tour experience, ensure your personal safety as well as the safety of your belongings, as well as take necessary precautions in case of emergencies, unfortunate incidents are always a possibility and often beyond your Operator’s control. Your Operator and their staff shall not be held liable to you for:

  • any accident, injury, or illness that may occur to you;
  • any loss, delay or damage to your luggage, equipment or personal belongings;
  • any services booked with other service providers during your Tour (such as insurance companies, rescue services, flights, etc.);
  • any services provided by other service providers which are beyond the Operator’s control, including but not limited to: accommodation service providers, transportation service providers; authorities in charge of managing national parks, conservancies or other separately managed destinations (for example: rescue services and transportation; provision of campsites or other accommodation facilities, picnic sites, toilet facilities; services of park rangers or other personnel employed by such authorities, etc.);
  • any claims for compensation arising due to loss or damage caused by you to other persons, other person’s property, or property of the Operator during the Tour;
  • any breach of obligations resulting from causes beyond their reasonable control including fire, natural disaster, civil strife, industrial dispute, strikes of employees, adverse weather conditions, traffic and any other events of force majeure that are outside of their control.

The Operator’s liability is governed by the respective laws of their country of incorporation, and all claims are subject to local jurisdiction in their country of incorporation.

Identity, authority and privacy

When you register an account or request a booking, you must use your real name and contact details. The use of pseudonyms is not permitted on Fair Voyage. If you register a company or other legal entity, you warrant and assure us that you have proper authorization to act in the name of the company or legal entity, respectively.

Fair Voyage will not accept bookings from persons less than 18 years of age. By making a booking request, you warrant and assure Fair Voyage that you are at least 18 years of age.

During the booking process, we will provide your personal information, to the extent necessary, to the respective Operator to enable them to provide the services requested by you. We do our utmost to protect your personal information. Please refer to our Privacy Policy for further details.

By the start of your Tour, you may need to provide your Operator a photo ID to ensure that your identity matches the booking identity. Your identity details must match the information that you have provided during your booking on FairVoyage.com. The same applies to any other individuals included in your booking.

Ratings and reviews

We aim to develop an accurate, helpful and reliable profile of the performance of each Operator and Guide overall and for each Tour offered. Therefore, after your Tour, we encourage you to truthfully rate and review your Operator, Guide, and Tour on FairVoyage.com.

Inaccurate or misleading ratings and reviews are strictly prohibited and may result in further legal action.

Communications with Operators

We aim to provide you with outstanding customer service and give you our best independent advice to help you book and prepare for your Tour. At the same time, we also aim to facilitate your direct communication with Operators by providing you with their direct contact details, such as through our direct messaging system which we plan to make available to you. Please feel free to ask Operators questions specific to them or a Tour via the direct messaging system. However, the direct messaging system shall not be used to conclude contracts, transmit payment information, effect booking changes or make cancellations, all of which shall be conducted only via the features or channels specifically provided. Fair Voyage accepts no responsibility for the contents and effect, or lack of effect, of any communications using the direct messaging system. We reserve the right to inspect messages and delete inappropriate content.

Indemnity

You agree to indemnify Fair Voyage if you cause us any loss or damage, be it through your breach of these Terms and Conditions or any other legal obligation by you, or through any content you have written, shared or published on FairVoyage.com.

No entitlement

There is no entitlement to use FairVoyage.com. We withhold the right to delete accounts or information provided by you, including, but not limited to, if we deem you to have violated these Terms and Conditions, and to cease providing services to you at any point in time.

Severability

If any provision of these Terms and Conditions is so broad as to be unenforceable, such provision will be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof will in no way affect the validity or enforceability of any other provision.

Contract parties & successors

These Terms and Conditions will inure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors and assigns.

Legal jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of Switzerland. The parties submit to the exclusive jurisdiction of the courts of the canton of Zurich, Switzerland.

Amendments

Fair Voyage reserves the right to update or alter these Terms and Conditions at any time. Any amendment will be included here with immediate effect. You agree to be legally bound by the most up-to-date version available here.

Contact

If you have questions in regards to these Terms and Conditions, please contact Fair Voyage at support@fairvoyage.com.

Last updated: 25 May 2018

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