TERMS & CONDITIONS
The following is a summary of the rental conditions for Pacific Overlander. Please contact us with any questions you may have.
Driver's License & Age Restrictions
All drivers must be at least 25 years of age and posses a current and valid driver’s license. Drivers 70 years of age and older must submit general health information to underwriters prior to approval. Proof of an International Driver’s Permit (IDP) as well as a current passport are required for foreign renters. Additionally, we require that the driver’s license be held for at least one year prior to the rental period and have an expiration date outside the rental period. All drivers must be able to present the original driver’s license at the time of pick-up. Proof of insurance is required prior to vehicle pick up and may be purchased as needed. Additional drivers (a maximum of 1 additional driver allowed per rental vehicle) must be approved and listed on the rental agreement in order to drive the rental vehicle.
Travel within the US and Canada is permitted, while travel into Mexico is prohibited. Our rentals may be used on unsealed dirt roads, however they are not intended to be used for "rock-crawling" or in designated or undesignated off-road areas (such as SVRAs) and on closed roads (excluding country and state maintained roads), as such the use of our vehicles in these applications and settings is strictly off limits. While our vehicles are allowed in the Black Rock Desert, travel to Burning Man is prohibited due to the wear and tear encountered on the playa during this event. If you travel in a restricted area you will be liable for all damages to vehicle, tires, windshield, additional equipment, and towing charges, along with any additional expenses resulting from breakdown or accident. Of course, the consumption of alcohol or intoxicants while operating any vehicle is prohibited.
PICK-UP & DROP-OFF
All pick-ups and drop-offs are scheduled by appointment and these services may not be immediately available outside of your scheduled appointment window. If you are unable to meet at the schedule time, please contact us directly.
Pick-up and drop-off may occur during office hours from 8:00am – 6:00pm daily.
Pick-up or drop-off when performed outside of the designated office hours and during a scheduled time will be assessed an additional fee equal to the vehicle’s daily rental rate unless otherwise specified.
No refunds are applied in the event of a late pick-up or early drop-off.
If you are concerned about missing a prearranged pick-up or drop-off time, please contact us and we will do our best to accommodate you.
Reservation Deposit & Payment
A reservation deposit of $200 or 15% is required to confirm your booking, which upon pick-up will be credited toward your rental balance.
100% of the rental balance is due 30 days prior to pick-up.
Reservations which are 15 days or longer in duration require a non-refundable deposit of 50%, taken at the time of booking.
Full payment of the remaining rental balance is required one day prior to pick-up.We accept credit and debit cards for rental charges and purchase made though our website. We do not accept cash or personal checks.
While we understand that plans can and do change, often due to unforeseen and sometimes unpleasant events, our cancellation terms are final and binding. We highly recommend all rental clients consider purchasing traveler's insurance to protect themselves from last-minute cancellations.
A $200 or 15% percent deposit (whichever is greater) is required to secure a rental.
Cancellations 61 days or more prior to pick-up receive a refunded deposit minus a 20% processing fee.
Cancellations within 31 - 60 days of pick-up - 100% of deposit is applied and is non-refundable
If cancelled within 30 days of pick-up - 100% of the rental cost will apply
All "one-way" rental fees are nonrefundable regardless of cancellation.
Rentals cancelled within 48 hours of booking will not be subject to cancellation fees.
All cancellations must be submitted in writing to Pacific Overlander.
* Does not apply to reservation which are 15 days in duration or longer.
Our minimum rental period is 3 days for rentals from our San Francisco location and 5 days from our Las Vegas location.
Our maximum rental period is 30 days.
Please contact us to discuss any rental requests outside of this minimum/maximum rental period.
Rentals are assessed on a daily basis, by the calendar day, and not on an hourly basis.
All rentals come standard with 150 miles per day.
An additional 100 miles/day may be purchased for $30.00/day (not available as single supplements and must be purchased prior to vehicle pick-up).
Additional mileage overages are assessed at $.50/mile upon return.
All transactions are conducted in US Dollars ($US).
Refunded amounts may vary from the amount of the initial deposit charged on your card, as exchange rates are changeable: Please note that we do not accept any liability for this variance.
Refunds to credit cards are contingent on the renter's financial institution and may take up to 15 business days to process.
Please note that some international transactions may incur and additional processing fee (~3%). Please request wire instructions to avoid these fees.
All foreign drivers are required to have a valid driver's license from your home country as well as a passport.
Foreign drivers are also required to provide proof of full-comprehensive auto coverage prior to pick-up or must purchase this through us.
Full-Comprehensive Insurance is available for purchase from Pacific Overlander during the booking process.
All equipment provided (tent, cooler/fridge, stove, cookware, etc.) is the responsibility of the client to maintain during the duration of the rental. You authorize us to charge all replacement costs to the credit/debit card for any rental equipment returned damaged, broken, lost, or stolen.
Additional equipment is subject to availability and any failure of Pacific Overlander to provide this equipment does not allow the cancellation terms to be void.
Rental requests for additional equipment cannot be cancelled on the day of pick-up and must be paid for.
If an accident occurs, contact us as soon as possible, and we will work to get you back to enjoying your trip as fast as possible.
We do require that you gather information from the other party (license, insurance, and contact information).
You may need to file a police report if there are extensive damages (in excess of a $1000 or resulting in injury).
Our optional insurance provides up to $1 million dollars in liability and $250 thousand dollars in collision protections. Should you select this option, you authorize us to apply your full security deposit as well as any overages under $1500 towards the deductible ($500-$1500).
All Pacific Overlander rentals come with roadside assistance throughout the continental United States. In the event of mechanical issues, please contact us immediately.
Additional roadside assistance packages are available for purchase.
We aim to get you back on the road as soon as possible, and should your vehicle be unavailable overnight due to being held at a repair shop, outside of an at-fault incident, we will refund that day’s rental.
When available, we will provide you with a replacement vehicle and in the unlikely event that the vehicle cannot be fixed or replaced, we will refund the remaining days of the rental agreement and assist you in reaching the nearest destination.
MAINTENANCE & RESPONSIBILITY
While we recognize that driving conditions can at times be unpredictable, you are required to protect the vehicle against inclement weather and other road hazards. Failure to do so will result in damages due to the customer. While our fleet comes equipped with snow and/or all-terrain tires, we advise you to use your best judgement and only travel when you are comfortable in your abilities to handle the driving conditions presented. Below are a list of further responsibilities and considerations.
Protect the vehicles paint from "pin-striping," which occurs when traveling in areas with overgrown vegetation and brush. Excessive damage will result in a detailing fee of $150.
Use the correct fuel on the given vehicle at all times.
Return both vehicle and equipment in a clean and respectable state. If returned in a state requiring excessive cleaning (i.e. covered in mud, dirt, dust etc.) a cleaning fee of $150 will be assessed.
We replace and change tires on a regular basis. All damages incurred to the tires/wheels are the customer's responsibility.
Any new damage to the windshield is the responsibility of the renter.
VEHICLE TRANSFERS & ONE-WAY RENTALS
Vehicles must be collected and returned to our predesignated pick-up and drop-off location.
One-way rentals are offered only as a prearranged option and may not be added during the course of your rental.
Failure to return to our designated drop-off location may result in a relocation fee being charged of up to $1000.
Smoking of any kind inside our vehicles is strictly prohibited.
Evidence of smoking will incur a $500 cleaning fee and be assessed to the renter’s credit card upon return of the vehicle.
Dogs (2 max) are permitted with prior approval and require a $50 pet cleaning fee.
Evidence of an unapproved pet in the vehicle will be assessed a $100 fee.
CITATIONS & TOLLS
If we are notified by authorities that we may be responsible for payment of a Citation, a $50 processing fee will be charged for each such notification.
If we pay any one of the Citations, you authorize us to charge all such payments and all processing fees to the credit/debit card you used to pay for this rental.
If Toll Fees are incurred during the rental period, you authorize us to charge all such payments to the credit/debit card you used to pay for this rental without incurring additional processing fees.
On pick up of the vehicle our staff will provide a complimentary vehicle consultation. This includes an explanation of all the interior and exterior features of the vehicle as well as driving tips.
Rev. July 20th 2019
DEPOSIT & CANCELLATION POLICY
A deposit is due at the time of booking; the remaining balance is due 90 days prior to your trip. If you find it necessary to cancel your trip, notify us in writing as soon as possible. Please see the cancellation fee schedule below. If you transfer from one trip to another, there is a $500/vehicle charge up until 60 days before the trip. Transfers made after this time will be treated as cancellations. All policies will be upheld.
Date of Cancellation & Cancellation Fee
90 days or more prior to your trip: 10% of Full Fare
61-89 days prior to your trip: 50% of Full Fare
60 days or less prior to your trip: Full Fare
Although it is unusual, it may be necessary to cancel a trip due to travel advisories, or insufficient reservations (making the trip economically unfeasible for us to operate). If we are unable to provide another trip that is satisfactory to you, we will refund your entire trip fee, but Pacific Overlander is not responsible for additional expenses incurred by members in preparing for the trip (non-refundable, advance purchase air tickets, equipment, medical expenses, etc.). We regret we cannot make exceptions for personal emergencies. For this reason, we strongly urge you to investigate trip insurance (see below).
Under most circumstances, if you have an adventurous will and are in good health then you should have no problem enjoying our trips. People with medical conditions including pregnancy should have a physician’s approval before travel. We recommend following all CDC recommend guidelines and advisories. We reserve the right not to accept passengers weighing more than 260 pounds or with a waist/chest size exceeding 56 inches. If you exceed these requirements please give us a call. Also, we may decide, at any time, to exclude any person or group for any reason we feel is related to the safety of our trips.
Based upon our years of experience with unexpected passenger cancellations, Pacific Overlander strongly recommends the purchase of a short-term travel insurance policy. An application may be submitted directly through our preferred provider: www.pacificoverlander.com/travel-insurance. This policy offers accident, baggage and trip cancellation protection and offers a full refund if you cancel at any time for medical or health reasons. For further information you may contact us directly.
Our guides work very hard to please you and provide an excellent experience. They appreciate whatever feedback you care to give them, including a gratuity if you so desire.
PACIFIC OVERLANDER CODE OF CONDUCT
All tour attendees are required to agree with the following code of conduct. Pacific Overlander will enforce this code throughout all experiences. We expect cooperation from all participants to help ensure a safe environment for everybody.
The Quick Version
Pacific Overlander is dedicated to providing harassment-free experiences for everyone, regardless of gender, gender identity and expression, age, sexual orientation, disability, physical appearance, body size, race, ethnicity, religion (or lack thereof). We do not tolerate harassment of members in any form. Attendees violating these rules may be sanctioned or removed from a Pacific Overlander tour without a refund of experience costs, at the discretion of Pacific Overlander.
The Less Quick Version
Harassment includes offensive verbal comments related to gender, gender identity and expression, age, sexual orientation, disability, physical appearance, body size, race, ethnicity, religion, sexual images in public spaces, deliberate intimidation, stalking, following, harassing photography or recording, sustained disruption or other events, inappropriate physical contact, and unwelcome sexual attention. Participants asked to stop any harassing behavior are expected to comply immediately. If a member engages in harassing behavior, the Pacific Overlander leadership team may take any action they deem appropriate, including warning the offender of expulsion from a Pacific Overlander tour with no refund. If you are being harassed, notice that someone else is being harassed, or have any other concerns, please contact a staff member of Pacific Overlander immediately. We value your attendance. We expect participants to follow these rules in person, online, and at all times (adapted from: confcodeofconduct.com).
TERMS AND CONDITIONS
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 experience with Pacific Overlander is liable under these terms and conditions governed by the United States of America Law, in the United States of America. These Terms shall constitute the entire agreement between the Company and the Client relating to the subject matter herein, and shall constitute 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 Pacific Overlander "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. 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."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 licensed 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. Traveling with Children (for non-adult only tours): 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 traveling together must be one adult per two children and two adults per four children (17 and under). The minimum age for Clients traveling on tours is 12 (for Family designated tours, the minimum age is 5). All enquiries with respect to children are subject to review and approval by the Company that reserves the right to restrict the number of travelers 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.
3. 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. Client Details required will vary tour by tour, and will be advised during the booking process. However, 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 traveling 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.
4. 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. The cancellation fees are expressed hereafter as a percentage of the total tour price, excluding insurance. Cancellation fees for all Pacific Overlander products may vary without prior notice.
5. 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 30 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 quality 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, non refundable car parking 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.
6. 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.
7. 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 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 2% 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 2% 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.
Pacific Overlander 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 Pacific Overlander 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 Pacific Overlander: Pacific Overlander 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 Pacific Overlander will endeavour to operate all trips as advertised, reasonable changes in the itinerary may be made where deemed necessary or advisable by Pacific Overlander. If Pacific Overlander. makes a major change, Pacific Overlander Co. 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 Pacific Overlander.
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.
All tours do not include international airfare or any other flights unless mentioned in the inclusions.
12. 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 traveling with Pacific Overlander 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 traveling 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 Pacific Overlander dossier for this trip I am undertaking and have provided details of any preexisting medical conditions I may have to Pacific Overlander representatives. I accept these risks and obligations and I fully assume the risks of travel. Optional Activities: I understand during my trip there may be opportunities to undertake activities which do not form part of the itinerary. I understand Pacific Overlander makes no representations about the safety or quality of the activity, or the standard of the independent operator running it. I also understand Pacific Overlander 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 United States of America have not been met.
13. 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 Pacific Overlander 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.
14. 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.
15. 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, licenses, and certificates including driver's licenses, 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 Pacific Overlander travel documents please note that all tour related travel documents such as vouchers, itineraries, and invoices will be sent via email or will be available on the website 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.
16. 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 traveling 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.
18. 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.
19. ILLEGAL SUBSTANCES
Pacific Overlander 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, Pacific Overlander 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 and within the United States.
20. DISCOUNTS AND PROMOTIONS
All discounts and reduced pricing are applied at the Company's discretion.
21. 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 magic@PacificOverlander.co, within 30 days of the end of the tour. The Company will not accept any liability for claims received after this period.
22. 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.
24. 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.
26. SUCCESSORS AND ASSIGNS
These Terms and Conditions shall inure to the benefit of and be binding upon Pacific Overlander and the Client and their respective heirs, legal personal representatives, successors, and assigns.
27. ERRORS AND OMISSIONS
Although Pacific Overlander has made a concerted attempt to verify the accuracy of statements made herein, Pacific Overlander Co. cannot be held responsible for any error, omission, or unintentional misrepresentation that may appear on this website and on the brochure.
Pacific Overlander 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.
29. APPLICABLE LAW
The Terms and Conditions including all matters arising from it are subject to the United States of America Law and the exclusive jurisdiction of the United States of America.
All online reservations and agency bookings shall be deemed as booked in the United States of America and shall be subject to the United States of America law and jurisdiction.
31. TERM "Pacific Overlander"
In this agreement the term "Pacific Overlander" includes Pacific Overlander, its servants, agents, and subcontractors. The objective of traveling with Pacific Overlander 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.
32. IMAGES, VIDEOS, AND MARKETING
The Client agrees that during the tour images, photos or videos may be taken by other travelers 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.
33. 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.pacificoverlander.com