terms & conditions 2014



Please read carefully the terms in the conditions of contract. In completing and
submitting the Booking Form, you agree to be bound by these conditions which
constitute the agreement between Cobeya Ltd. and you.

 
1. VALIDITY

The prices listed by Cobeya Ltd. (“the Company”, “we”, “our”, “us”) are based on the costs and exchange rates current at the time of publishing. The Company reserves the right to alter these prices at any time. The itineraries and dates listed on our website are applicable from January 1, 2014 until December 31, 2014. All published information is accurate to the best of our knowledge at the time of publishing, but please note that changes to our trips (which can be significant) can and do occur. The Company will make every effort to keep the client informed of any changes, but cannot be held liable for any alterations made to the published itineraries. Please refer to our website for the most recent update to any trip.

2. CONTRACT

To secure a booking, the Company requires a completed booking form together with a deposit of 150 EUR per person or, if there are less than 30 days remaining until the trip is due to commence, the Company requires full payment of the trip. A booking is accepted and becomes definite only from the date when the Company has confirmed acceptance by issuing the client with a Trip Confirmation email. It is at this point that a contract between the Company and the Client comes into existence. Before your booking is confirmed and a contract comes into force, the Company reserves the right to decline any booking at their discretion. The contract is between the Company and the Client, being the person named on the booking form.

3. PAYMENT FOR YOUR HOLIDAY

The balance of all monies due, including any surcharges applicable at that time, must be paid to the Company not later than 30 days before departure. In the case of non-payment of the balance by the due date the Company will treat the booking as canceled by the Client.

4. CANCELLATION BY THE CLIENT

Loss of monies paid applies to all canceled reservations. The date of trip cancellation is the date on which the written cancellation is received by the Company. The loss of monies paid is as follows, per person:
•  Cancellation 30 days or more prior to trip departure — Loss of 50% of deposit
•  Cancellation betw. 29 and 20 days prior to trip departure — 50% of total booking cost
•  Cancellation less than 20 days prior to departure — 100% of total booking cost
No refunds will be made if you voluntarily leave a trip for any reason after the trip has begun. The same applies if you leave a trip or cannot fully participate in a trip due to injury or illness. Refunds will be at the discretion of the Company if you are involuntarily forced to leave a trip for any reason. No refunds will be made for any accommodation, transport, sightseeing, meals or services not utilized.

5. CANCELLATION BY THE COMPANY

The Company reserves the right to cancel any trip if the trip does not attract the minimum number of clients required to make the trip financially viable. The Company will not, however, cancel a trip any later than six weeks prior to the commencement of the trip. A proviso to this — the Company reserves the right to cancel a trip at any stage prior to the scheduled departure due to terrorism, natural disasters, political instability or other external events which make it unviable for the Company to operate our planned schedule. In such a case, the Company will, at its own discretion, refund the trip price only.

6. BOOKING AMENDMENTS

If you wish to change your booking in any way, you must contact us as soon as possible and we will accommodate your request to the best of our ability. Surcharges may apply.

7.  SUBSTITUTION OF A CLIENT
If any member of the party is prevented from traveling because of the death, injury or serious illness of the passenger, close relative or friend, redundancy or jury service, it may be possible to transfer the booking to another suitable person (acceptable to the Company) provided that written notice is given at least 30 days prior to departure. An administration fee of up to 50  EUR may be imposed by the company to cover non-refundable costs. Airlines may impose 100% cancellation charges and the cost of a new ticket.

8. SURCHARGES

Prices on this website that are not quoted in local currency are based on a recent currency conversion rate. The Company reserves the right to change the trip costs to take account of the following items: government action, fluctuations in currency exchange rates, and transportation costs, including the cost of fuel, overflying charges, airport charges and increases in scheduled air fares (where applicable). The Company will not absorb any increase in booking price should a surcharge be necessary. The Client will have to pay necessary surcharges but if these result in an increase of more than 10% of the trip cost excluding insurance premiums and amendment charges the Client may cancel the booking within 7 days notification of the surcharge and obtain a full refund. No surcharge will be imposed within 30 days of departure.

9. INSURANCE
Travel insurance is mandatory for all clients whilst on a trip organized by the Company. It is mandatory that this travel insurance covers adequate personal accident, medical, evacuation and repatriation expenses, as well as cancellation, curtailment, loss of effects and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the client. Clients, together with their personal property including baggage, are at all times solely at their own risk. Clients are wholly responsible for arranging their own insurance. When purchasing insurance, clients should ensure that there are no exclusion clauses limiting protection for the type of activities in their trip. You agree that it is your responsibility to check the adequacy and validity of any insurance policy effected by or on your behalf
and to provide the Company with a copy of your policy prior to departure.
 Personal travel insurance is not included in the tour price.


10. PASSPORT & VISA

It is the responsibility of the Client to be in possession of a valid passport, visa permits as may be required for the duration of the trip. Information about these matters or related items is given in good faith but without responsibility on the part of the Company.

11. ASSUMPTION OF RISK
You acknowledge that:
(a) by the very nature of adventure travel and trekking holidays, they are more challenging and demanding with a commensurately higher level of risk compared with conventional holidays; and (b) the additional dangers and risks associated with adventure travel may include difficult and dangerous terrain; high altitude; extremes of weather, including sudden and unexpected changes; remoteness from normal medical services and from communications; and evacuation difficulties in the event of illness or injury; and
(c) the enjoyment and excitement of adventure travel is derived in part from the inherent dangers and risks associated with adventure travel and that those inherent dangers and risks are a reason why you wish to undertake the adventure tour;
(d) the very nature of the adventure travel undertaken by you may require considerable flexibility on your part, necessitating alternative arrangements to be made to the itinerary at short notice; and
 (e) In the Bulgaria where the adventure travel is undertaken, standards of accommodation, transport, health care, hygiene, safety and service provision might be different as the standards in your country of residence and may require flexibility and patience on your part; and
(f) operational control of the tour may be in the hands of a third party and that your right of action in regard to any shortcomings of that third parties’ performance is against the third party and not against Cobeya Ltd.
For the above reasons you therefore accept the inherent and increased dangers and risks associated with the proposed tour and the accompanying risk of injury, death or property damage or loss.

12.  RELEASE AND WAIVER OF LIABILITY
12.1 In consideration of Cobeya Ltd. accepting your booking application and in consideration of you being permitted by Cobeya Ltd. to join the tour:
(a) you release Cobeya Ltd.  and its officers, employees, agents, licensees, guides and other representatives and the land management authorities in the countries in which the tour is conducted (each of whom are collectively referred to as " Cobeya  and its employees") from
all financial or economic cost, liability, loss or damage or damage to or loss of your property incurred or suffered by you directly or indirectly during the course of the tour. Cobeya Ltd.  shall not be liable for personal injury, illness or death unless caused by the negligence or wrongful act of Cobeya Ltd.  and its employees; and
(b) you waive any claims you have, or may at any time have, against Cobeya Ltd. and its employees and you agree, by accepting the additional inherent dangers and risks associated with the tour, not to make any claim against or seek any compensation from Cobeya Ltd. and its employees in respect of any personal injury, illness or death suffered by you (unless such death or personal injury is caused by the negligence of Cobeya Ltd.) or damage to or loss of property sustained by you as a result of your participation in the tour.
12.2 If, despite the release and waiver given under this condition,
Cobeya Ltd.  is found to be liable for damages to you, you agree that the maximum amount of such damages will be limited to the price paid for the tour. Any damages or compensation are further limited by the Warsaw Convention as amended by the Hague protocol 1955 (air), the Athens Convention 1974 (sea), the Berne Convention 1961 (rail), and the Paris Convention 1962 (hotel accommodation). In the event that Cobeya Ltd.  makes any payment to you in respect of any damages claim brought by or on your behalf, you must assign to us or our insurers, as we require, all your rights topursue any third party and you must provide all reasonable cooperation to us and our insurers in relation to the pursuit of any claim.
12.3 You accept that the release and waiver contained in this clause 12 is reasonable given the nature of the tour and given the wide availability of travel insurance and you agree to check the terms of your travel insurance policy to ensure that it provides adequate cover.
Nothing in these terms and conditions shall exclude or limit Cobeya's liability for fraud, dishonesty or willful concealment.

13. ARBITRATION
Any complaint arising out of your tour must be brought to the attention of the local Cobeya  representative. Your complaint should be made in writing within 24 hours of the cause of the
complaint and signed by the Cobeya representative confirming that it was brought to his or her attention. If your complaint is not satisfactorily resolved and you wish to pursue the
matter on return from your tour, you must submit your written complaint to us within 14 days of your return. Cobeya will not be liable in relation to any complaint or problem if you fail to notify the Cobeya agent or representative during the tour or Cobeya upon your return, strictly in accordance with this condition. If a resolution of your complaint cannot be achieved, you may refer the dispute to arbitration under a special scheme which provides for a simple
and inexpensive method of dispute resolution administered by the Chartered Institute of Arbitrators. This scheme is not applicable to claims for amounts greater than 1,500 EUR per person or 7,500 EUR per booking form, nor to claims involving personal injury or illness.
The rules of the scheme provide that the application for arbitration must be brought within 9 months after the date of he return of your tour but in special circumstances may brought outside this period.

14. AUTHORITY ON THE TOUR
By signing the booking form you agree to accept the authority and decisions of Cobeya employees, tour leaders, agents and suppliers during the tour. If, in the opinion of any Cobeya representative, your health or conduct appears likely to endanger the progress of the
tour or other participants you may be excluded from the whole of, or part, of the tour. In the case of ill-health, Cobeya reserves the right to make such arrangements for your well-being as deemed necessary and to recover the whole of the costs thereof from you.
If you commit an illegal act Cobeya  ceases to have responsibility to or for you.

Cobeya Advenyure Tours