In the following, Suntrek Tours, Inc., Santa
Rosa, CA, USA, will be referred to as
Suntrek and the customer will be referred
to as traveler. With his/her booking,
the traveler accepts in their entirety the
following customer agreement and creates
a contractual relationship between Suntrek
and the traveler:
1. Booking Procedure
At the time of the booking, a deposit of
US$ 150.- (or local currency deposit tariff)
is due. The full price must be paid 45 days
before departure. If payment is not made
on time, Suntrek pursuant to Section 2 may
cancel the travel arrangements and charge
processing fees and cancellation costs.
The booking is binding for Suntrek with
its confi rmation and for the traveler with
his/her order. For minors, written permission
is required from the parents or legal
guardians of the participant.
2. Cancellation by the Traveler
The deposit is not refundable if cancellations occur earlier than 42 days before the start of the trek (incl. accommodations and domestic flights):
• between 42 and 31 days, 30 % of the trek price
• between 30 and 21 days, 40 % of the trek price
• between 20 and 16 days, 60 % of the trek price
• between 15 and 0 days, 100 % of the trek price
is forfeited. When a replacement person
is found by the traveler who is cancelling,
only the fees of the booking change and
any change fees for domestic flights which
occur are charged. Each cancellation must
be in writing. Change of booking will be
regarded as cancellation.
3. Non-appearance / Early Return
By non-appearance or by appearing too
late, no refund will be given. All of the
travel arrangements and flight bookings,
which Suntrek makes for the traveler are
subject to the booking conditions and
cancellation provisions of the respective
travel organization or airline company.
Suntrek is only the conduit. Suntrek does
not assume any liability for lateness,
inconveniences, sickness, accidents costs,
loss and damages. If the traveler leaves
the trek, he/she is responsible for the
costs of his/her accommodations, further
travel and travel home. There will be no
reimbursement of the trek price.
4. Group Bookings and Bookings on Behalf of Others
When one person makes bookings for
other people, this person is acting as their
agent and will bind these people to the
booking and tour conditions including any
minors that might be traveling. The person
making the booking is liable to Suntrek.
5. Guaranteed Departures & Minimum Numbers
5.1 USA (incl. Alaska) and Canada:
USA (incl. Alaska) and Canada:
Suntrek guarantees the departure of all
treks (subject to natural disasters and
paragraph 15).
5.2 Central America (incl. Mexico),
South America and Australia:
All tours are guaranteed to operate
once a minimum participant number of
2 (Central/South America), 4 (Mexico/
Guatemala/Belize) and 6 (Australia) has
been booked (subject to natural disasters
and paragraph 15). In the event of an
insuffi cient participant number, Suntrek will
inform the traveler (or his/her travel agent
respectively) at least 60 days prior to the
tour start and suggest an alternative tour.
Should the traveler choose to book an
alternative tour, Suntrek will make payment
adjustments according to the difference
in tour price. In the event that the traveler
chooses to cancel, Suntrek will refund all
payments received for the booking. In any
event Suntrek is not liable for any incidental
expenses such as non-refundable
cancellation / change fees for fl ights, visa
costs, vaccinations, any additional travel
arrangements not booked with Suntrek,
money transfer fees, etc. The traveler is
strongly advised not to book fl ight tickets that
incur cancellation / change fees until 60
days prior to the scheduled departure date.
6. Modifications to the trek
Suntrek can alter (or leave out) for emergencies,
logistics or change in circumstances,
travel routes, schedules, places to spend
the night, the visit of attractions and the
type of transportation during the entire
trek, or for parts of the trek and Suntrek is
not liable for any inconveniences, costs,
loss of expectations or damages of any
type thereby caused.
7. Insurance
There is no insurance included in the trek
price. Suntrek is not liable for the costs of
sickness, accident, injury, death, lost or
damaged luggage and the return trip. The
traveler participates at his/her own risk.
Similarly, no liabilities are assumed for
damages which were caused by fellow
travelers or a third person. It is a condition
of booking that all travelers take out
suffi cient insurance for the above named
risks either from Suntrek’s travel protection
supplier or a competent insurance provider
of the travelers choosing.
8. Health
The traveler is responsible such that his/
her state of health is up to demands that
this type of traveling (trek) requires. The
traveler authorizes any medical treatment
necessary for any injury or illness and
agrees to pay all costs of rescue and/or
medical services which he/she might incur
while traveling on trek.
9. Official Regulations
The traveler is responsible for the
compliance with passport, visa, customs,
currency, vaccination, health and other
regulations. Suntrek does not tolerate transporting
and/or use of illegal drugs or any
illegal products. Suntrek or the trek guide
is entitled to remove the traveler from the
trek immediately, if he/she carries illegal
drugs or any illegal products. The same
applies, if a traveler does not comply
with this customer agreement or if he/she
disrupts the group. In this case there will
be no reimbursement for services not
received. All of the inconveniences, costs,
loss and damages become the responsibility
of the traveler.
10. Risks and Warnings
For information concerning possible dangers
at international destinations, contact
the Travel Advisory Section of the U.S.
State Department, +1 (202) 647-5335 or
www.travel.state.gov. For medical information,
refer to the U.S. Centers for Disease
Control (CDC), +1 (404) 332-4559,
www.cdc.gov or use their fax information
service at +1 (404) 332-4565.
11. Complaints
If a traveler is not satisfi ed or has a
dispute with the Suntrek service, he/she
must make it known to the trek guide or
our local representative at the earliest opportunity
so we can mitigate any possible
problems. The fi nal decision over the travel
route, over night stays and the leadership
of the trek lies with the trek guide. If the
trek guide can not resolve the complaints,
the traveler should call
1-800-SUNTREK
(1-800-786-8735) within the USA and
Canada or +1 707-523-1800 world
wide. If at the end of your trek, you feel
that your complaint has not been properly
resolved, please notify us in writing no
later than 4 weeks from the conclusion of
your trek.
12. Publicity Material
Suntrek retains the right to use fi lms,
photographs and sound material which
are made during the trek by an authorized
representative of Suntrek, for advertising
and publicity. Suntrek assumes, without
explicit contrary denial by the traveler,
his/her understanding.
13. Information in this Brochure
In this brochure, information is based to
the best knowledge of Suntrek at the time
of its printing. However Suntrek cannot
assume any responsibility for discrepancies
which may be included and reserves the
right to alter in good faith any information
without notice. The publication of the new
brochure renders this brochure invalid.
14. Price
The prices which are given in this brochure
are valid at the time of the publication,
but are, however, dependent on currency
fl uctuations, fuel costs, energy surcharges
and other factors. Suntrek retains the right
to change the price of a trek or to add
an extra charge in relation to the rise of
its costs. By his/her booking, the traveler
accepts payment of the extra charge. If the
extra charges amount to more than 10% of
the trek price, the traveler has the right to
cancel the booking, without charge, within
7 days of when it was made known.
15. Release and Assumption of Risk
The traveler understands and agrees that
during the trek, tour, expedition, or other
trip in which the traveler will participate,
under the arrangements of Suntrek and
its agents, owners, employees, associates,
affi liated companies, or subcontractors,
certain risks and dangers may arise,
including, but not limited to, any
inconvenience, costs, loss, Acts of God,
technical defects of transportation, vehicle
accidents, breakdown of transportation
or failure of its service people, the acts
of omissions (negligent or otherwise) of
Suntrek or any other travel organization or
airline, lost or damaged luggage, return
trip, sickness, accidents, injury, death,
quarantines, seizures, orders by local
authorities or law enforcement agencies,
revocation or non-issuance of the right to
transport or permission to pass through,
strikes, riots, commotion, robbery and
theft, fuel rationing or blockage or other
impossibilities in obtaining fuel, hazards of
traveling in unsafe or politically unstable
areas or under unsafe conditions, the
dangers of civil disturbances and war,
the forces of nature, dangers and risks
inherent in sporting activities, the negligent
or reckless acts or omissions of Suntrek, its
agents, owners, employees, offi cers, directors,
associates, affi liated companies, or
subcontractors, travel by boat, automobile,
train, ship, aircraft, or other means of
conveyance, and accident or illness in
remote places without access to medical
facilities, transportation, or means of rapid
evacuation and assistance. Suntrek shall
not be responsible for any injuries, damages,
or losses caused to any traveler in
connection with any of the above and/or
terrorist activities, religious unrest, social
or labor unrest, mechanical or construction
failures or diffi culties, diseases, local
laws, climatic conditions, vehicle accidents
and road conditions, abnormal conditions
or developments, or any other actions,
omissions, or conditions outside Suntrek‘s
control. The traveler assumes complete
and full responsibility for, and hereby
releases Suntrek and their agents from any
duty of, checking and verifying any and
all passport, visa, vaccination, or other
entry requirements of each destination,
and all safety or security conditions at such
destinations.
In consideration of, and as a part of the
payment for, the right to participate in
such treks, tours, expeditions, or other
activities and as a part of the payment
for, the services arranged for the traveler
by Suntrek and its agents, employees,
owners, associates, affi liated companies,
or subcontractors, THE TRAVELER DOES
HEREBY EXPRESSLY ASSUME AND ACKNOWLEDGE
ALL OF THE ABOVE RISKS,
including, to the extent permitted by
law, the risk of negligent or reckless acts
or omissions of Suntrek, and its agents,
owners, employees, offi cers, directors,
associates, affi liated companies, or
subcontractors, and THE TRAVELER DOES
HEREBY EXPRESSLY AGREE TO FOREVER
RELEASE, DISCHARGE AND HOLD
Suntrek and its agents, owners, employees, offi cers, directors, associates, affi liated
companies, and subcontractors HARMLESS
against any and all liability, actions,
causes of action, debts, suits, claims,
and demands of any and every kind and
nature whatsoever which the traveler now
has or which may hereafter arise out of
or in connection with the traveler’s trek or
participation in any activities arranged
for the traveler by Suntrek and its agents,
owners, employees, associates, affi liated
companies, or subcontractors. THE TERMS
OF THIS AGREEMENT SHALL SERVE AS
A COMPLETE RELEASE AND EXPRESS ASSUMPTION
OF RISK for myself, my heirs,
assignees, administrators, executors, and
all members of my family, including any
minors accompanying me. THE TRAVELER
HAS READ AND FULLY UNDERSTANDS THE
PROVISIONS AND THE LEGAL CONSEQUENCES
OF THIS RELEASE AND ASSUMPTION
OF RISK, AND HEREBY AGREES TO
ALL OF ITS CONDITIONS. THE TRAVELER
ACKNOWLEDGES THAT Suntrek HAS
RECOMMENDED THAT TRAVELER’S ATTORNEY
REVIEW THIS RELEASE PRIOR TO
BOOKING THE TREK.
The traveler further agrees that any legal
dispute involving these travel services
shall be heard only by binding arbitration.
EXPRESS WAIVER OF ANY RIGHT TO
SEEK CON-SEQUENTIAL, PUNITIVE OR
EXEMPLARY DAMAGES: Regardless of
the circumstances giving rise to a claim,
the traveler waives any right to seek
consequential, punitive or exemplary damages
against Suntrek, its agents, owners,
employees, offi cers, directors, associates,
affi liated companies, and subcontractors.
The traveler acknowledges that in calculating
the cost of the tour or trek, Suntrek
has relied on traveler’s consent to these
terms and on their enforceability. In the
absence of this Release, the tour/trek cost
would have been higher, or, alternatively,
Suntrek would be unable to offer these
services.
16. Meditation
Suntrek is a conduit/agent only of the various
companies/organizations providing the
tours referred to in this brochure. Suntrek is
not liable in respect of the content of any
tour or the acts or omissions of any tour
operator/supplier or other organization.
17. Arbitration
The traveler agrees that any dispute concerning,
relating or referring to this Agreement,
the brochure, web site or any other
literature concerning the trek, the trek itself
or any claim for damages, injury or death
which occurs during or in connection with
the trek shall be resolved exclusively by
IFFTA, The World Travel Dispute Center,
Inc. Such proceedings shall be governed
by California law. The parties waive the
right to rely on any state law or statute
which creates an exception to enforcement
of the requirement that disputes be
resolved pursuant to arbitration in the
manner set forth herein. Waiver of jury
trial: in connection with any action or legal
proceeding arising out of this agreement,
the parties hereby specifi cally and knowingly
waive any rights that either party
might have to demand a jury trial.
18. Severability
If any part of this agreement is deemed
invalid, unenforceable or not applicable
to a specifi c situation, it shall not affect the
validity of the remainder of this agreement.
19. Waiver
Failure by either party to enforce all of the
terms or conditions of this agreement, shall
not invalidate the entirety of the agreement
and shall not constitute a waiver of any
other terms and conditions or constitute a
breach of this agreement.
20. Exclusivity
The terms and conditions of this Agreement
are for the benefi t of the traveler and
Suntrek and shall be exclusive of any
advertising, web site, marketing or other
sales literature or activities of Suntrek
and third parties and nothing contained in
any of such materials shall be construed to
create any rights as a result of or in connection
with this Agreement.
21. Legal Venue and Jurisdiction
Legal venue and jurisdiction is Santa Rosa,
California. California law is applicable.
Suntrek also has the right to prosecute the
traveler in the court with jurisdiction over
the travelers place of residence or by any
other court with jurisdiction.
These booking and tour conditions are
valid unless countermanded.
SUNTREK Tours Inc.
Sun Plaza
77 West Third Street
Santa Rosa, CA 95401
Phone (707) 523 1800
Fax (707) 523 1911
E-mail: suntrek@suntrek.com
