Infinity Expeditions, Inc. and Furtenbach Adventures GmbH
GENERAL TRAVEL TERMS AND CONDITIONS
By purchasing, booking, or participating in a tour and/or any related products or services, referred to herein as a “Tour,” either sold by or offered through Infinity Expeditions, Inc., incorporated in Nevada, (“Infinity”) or Furtenbach Adventures GmbH incorporated in Austria (“FA”), both Infinity or FA and the traveler (“Traveler”), and those participants for whom Traveler is booking a Tour, hereby agree to these terms and conditions (the “Terms”). Such Terms shall form the basis of Traveler’s agreement (the “Agreement”) with Infinity or FA. Infinity or FA and Traveler may hereafter be referred to individually as a “Party” or collectively as the “Parties.”
If Traveler is booking a Tour on behalf of other participants, Traveler hereby guarantees that he or she holds the proper authority to accept these Terms on behalf of any other participants, known and/or unknown at the time of booking, in the Traveler’s party. By booking a Tour, Traveler hereby acknowledges that he or she has read, understands, and agrees to be bound by these Terms.
1. THE BOOKING CONTRACT
Traveler’s booking is confirmed and a contract exists when Infinity or FA, acting in the capacity of a tour operator offering the Tour or as a travel agent selling the Tour of a third-party tour operator, issues a written confirmation, as generally described in Section 10. After receipt of this booking confirmation, the applicable deposit amount is due. Please check Traveler’s confirmation carefully and notify Infinity or FA immediately of
any incorrect or incomplete information. Please further ensure that the names listed in the booking confirmation match the names listed on all individual participants’ passports. Traveler must be at least 18 years of age to make a booking.
2. INFORMATION NEEDED FOR FACILITATION OF BOOKING
In order for Infinity or FA to facilitate the booking of a Tour, the Traveler shall provide Infinity or FA with all personal details (including but not limited to Traveler’s date of birth, citizenship, etc.), factual details (including but not limited to planned carriage/importing of medication, prostheses, animals, etc.), and the travel interests of Traveler, that are essential to the booking of a Tour in a timely, complete, and truthful manner. Infinity or FA offers the Traveler information based on the information provided to Infinity or FA by the Traveler, and therefore Traveler agrees to provide full, complete, and accurate information to Infinity or FA.
Additional information and/or documents required by Infinity or FA will vary by Tour and will be communicated to Traveler during the booking process. If Traveler fails to supply the information and/or documents required by Infinity or FA for air tickets, permits, or other inclusions by the deadline given by Infinity or FA, Traveler will be liable for any costs, fees, or losses, including, without limitation, any liability of Infinity or FA arising out of or related to its failure to obtain or provide that inclusion. In the event that Traveler fails to supply information and/or documents required by Infinity or FA, Infinity or FA also reserves the right to treat Traveler’s booking (or the relevant component of Traveler’s booking) as cancelled and levy any cancellation fees deemed reasonable by Infinity or FA per Section 11.
3. BOOKING ON BEHALF OF OTHERS
By booking on behalf of other participants, Traveler is deemed to be the designated contact person for every participant included on such group booking. Thus, Traveler understands he or she is responsible for making all payments due in connection with his or her booking of a Tour, including payment for all participants on whose behalf Traveler booked a tour. Traveler is responsible for keeping the other participants in his or her group informed of all Tour-related matters. Further, by booking on behalf of another participant or participants, Traveler represents and warrants that he or she has obtained all required consents to book the Tour on behalf of each participant, hereby binding each participant of the booked group to these Terms. Traveler acknowledges that he or she is responsible for verifying that any information provided on behalf of any other participants is complete and accurate. Traveler shall notify Infinity or FA immediately of any requested modifications or cancellations.
4. REQUIRED MEDICAL INFORMATION
Traveler must provide any medical information reasonably requested by Infinity or FA. Traveler hereby agrees to provide such medical information via the medical information questionnaire (“Medical Questionnaire”) on page three (3) of Infinity’s or FA’s Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement & Medical Questionnaire, as further discussed in Section 16 and available on Infinity’s website at
www.infinityexpeditions.com or FA’s website at https://www.furtenbachadventures.com/en/.
Traveler agrees to complete the Medical Questionnaire truthfully and to disclose all relevant medical information fully and accurately. Infinity or FA will maintain the information in strict confidence and shall not disseminate such information unless required to do by law or as needed in the event of a medical emergency. Infinity or FA reserves the right to request further information or professional medical opinions where necessary, as determined in its sole discretion, for Traveler’s safety or the safe operation of a Tour.
Infinity or FA reserves the right to deny Traveler permission to travel or participate in any aspect of a Tour at any time and at Traveler’s own risk and expense where Infinity or FA determines, in its sole discretion, that Traveler’s physical or mental condition renders Traveler unfit for travel or Traveler represents a danger to Traveler’s self or others. Infinity or FA may refuse to include in a Tour anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged. Infinity or FA may refuse to include women who are over 24 weeks pregnant in a Tour for the safety of the traveler’s self, the unborn child, or others.
It is Traveler’s responsibility to assess the risks and requirements of each aspect of the Tour based on Traveler’s own unique circumstances, limitations, fitness level, and medical requirements to determine if he or she is fit for a particular Tour. Infinity or FA recommends that Traveler consult his or her physician to confirm Traveler’s fitness for travel and participation in any planned activities. Traveler should seek his/her physician’s advice on vaccinations and medical precautions. Infinity or FA does not provide medical advice.
Travel with Infinity or FA may involve visiting remote or developing regions, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in Traveler’s home country or home locality. The condition of medical facilities in the countries Traveler may visit on Traveler’s Tour varies and Infinity or FA makes no representations nor offers any warranties in relation to the availability
or standard of medical facilities in those regions. In the event that Traveler does not complete the required Medical Questionaire or provide the medical information reasonably required by Infinity or FA, for any reason, by the deadline given by Infinity or FA, Infinity or FA reserves the right to cancel Traveler’s booking and all applicable cancellation fees, as detailed in Section 11, will apply. Infinity or FA shall not have any liability arising out of or relating to any complications resulting from a Traveler’s medical condition, either before, during, or after the tour.
5. SPECIAL REQUIREMENTS
Traveler must notify Infinity or FA of any issues relating to Traveler’s and/or the booking participants’ special requirements at the time of booking, including, but not limited to, mobility concerns, dietary restrictions, allergies, or intolerances. Certain activities may be inaccessible to Traveler if Traveler’s mobility is limited in any way. Infinity or FA will use reasonable efforts to accommodate special requirements or requests. Traveler
understands and acknowledges that Infinity or FA is not always possible to make such accommodations given the nature of the destinations visited and availability of options outside of a planned itinerary. It is the responsibility of the Traveler to ensure that all information provided to Infinity or FA is accurate. Infinity or FA shall not have any liability arising out of or related to any failure of Infinity or FA to accommodate or fulfill such requests.
6. AGE REQUIREMENTS
Anyone under the age of eighteen (18) on the date of first travel is considered to be a minor. Minors must always be accompanied by an adult. One adult may accompany up to two minors. Unless otherwise indicated in the Tour description or by Infinity or FA, the minimum age for minors travelling on any Tour is twelve (12) years old. All bookings with a minor are subject to review and approval by Infinity or FA. If the consent of a parent, guardian, or any other person is required by applicable law for any minor to travel, the accompanying adult is responsible for securing all consents and documentation and for ensuring that he or she and the minor(s) meet all legal requirements to travel and to enter into and depart from applicable countries and regions. Infinity or FA will not be responsible for, nor have any liability arising out of or relating to, any claims, causes of action, fees, damages, or losses incurred as a result of any failure to secure necessary consents, permits, and approvals required under this section. Traveler agrees to defend, indemnify, and hold
harmless Infinity or FA in such instances. Each adult participant on a booking with a minor or minors is jointly and severally responsible for the behavior, wellbeing, supervision, and monitoring of such participantminor(s). Said adult-participant(s) accepts these Terms for and on behalf of any participant-minor(s) on their booking, including all assumptions of risk and limitations of liability. Infinity or FA does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any participant-minor(s).
7. IMPORTANT DOCUMENTS & INSURANCE RECOMMENDATIONS
7.1 Important Documents and Items. When travelling on holiday/vacation, it is important to note that valuable objects, important documents, etc., should not be taken on the trip if possible. For important documents, it is recommended that copies be made and used, provided copies are accepted. The possibility of theft of valuables
cannot be excluded, therefore Travelers bears their own responsibility for such theft.
7.2 Insurance Recommendations. Organizing insurance coverage (trip cancellation insurance, trip interruption insurance, luggage insurance, travel liability insurance, health insurance for travel abroad, protection against delays, personal protection, etc.), which provides sufficient coverage from the date of the package travel contract until the end of the package tour, is recommended. Additional information on insurance can be found on Infinity’s website at www.infinityexpeditions.com or FA’s website at https://www.furtenbachadventures.com/en/.
8. TOUR DATES, PRICES, SURCHARGES, & TAXES
Infinity or FA will not increase the price of Traveler’s Tour after Traveler has paid in full. Tours are priced and advertised inclusive of applicable taxes. Tour prices are subject to change until Traveler has paid in full, and from time to time, Infinity or FA may offer reduced pricing on certain products or services. Reduced pricing applies only to new bookings.
All dates and itineraries of Tours are subject to change at any time and the current price will be quoted and confirmed at the time of booking, subject to any surcharges that may be levied in accordance with these Terms.
Traveler acknowledges that Traveler is responsible for keeping up to date on the specific details of Traveler’s Tour and any related products or services, including, but not limited to, checking Infinity’s website at www.infinityexpeditions.com or FA’s website at https://www.furtenbachadventures.com/en/ at least seventy-two (72) hours prior to departure as minor changes may have been made after the time of booking.
Tour prices do not include domestic or international airfare unless expressly mentioned in the Tour’s descriptions. At times, Infinity or FA may quote the best price available for the travel dates requested at the time the quote is prepared to the best of its knowledge. Quotes provide an estimate only and are not a firm price commitment by Infinity or FA or the applicable air carrier(s).
Infinity or FA acts only as a sales agent for the applicable air carrier, and the air carrier’s terms and conditions apply to the purchase and use of the air travel ticket. Please consult the air carrier’s applicable terms and conditions and conditions of carriage for complete information including applicable cancellation terms. Infinity or FA is not responsible for changes in air itineraries or flight times and does not provide advice or
alerts regarding air travel tickets, flight status, or delays.
10. ACCEPTANCE OF BOOKING, NON-REFUNDABLE DEPOSIT, & FINAL PAYMENT
At the time of booking, a non-refundable deposit equaling twenty percent (20%) of the total price of the Tour booked is due to Infinity or FA. If a booking is made less than twenty (20) days before the departure date of the first product or service included in the applicable booking, then the full amount must be paid at the time of booking. The nonrefundable deposit should be sent to Infinity or FA or its authorized agent, as applicable.
The confirmation sent by Infinity or FA, Infinity’s or FA’s authorized travel agent, or Traveler’s separate travel agent will contain details of final payment required for any booking. If full payment is not received by the applicable due date, Infinity or FA may, at its sole discretion, change the rate payable for the booking, or treat the booking as cancelled in accordance with Section 11.
If, for any product or service booked, payment terms differ from those outlined in this section, the applicable terms will be communicated to Traveler and will also be detailed on the applicable invoice. Infinity or FA is not responsible for any charges levied by third parties or financial institutions and payable by Traveler as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or
financial institutions in connection with payments made by Traveler to Infinity or FA.
11.1 Cancelation by Traveler. Traveler may cancel Traveler’s booking by notifying Infinity or FA. Cancellation fees will be determined with reference to the date on which notice of cancellation is received by Infinity or FA and are expressed as a percentage of the total price to be paid for the cancelled Tour, product, or service
(excluding any insurance products). If a cancellation request is received by Infinity or FA more than ninety (90) prior to the date of departure of the first product or service in a relevant booking, Traveler is obligated to pay fifty percent (50%) of the total price of the Tour as a cancellation fee.
If a cancellation request is received less than ninety (90) days prior to the first date of departure of the first product or service in a relevant booking, the Traveler is obligated to pay one hundred percent (100%) of the total price of the Tour as a cancellation fee.
LIQUIDATED DAMAGES: In light of the difficulties in estimating the damages upon termination of this Agreement and the cancellation of a Tour booked by Traveler, Infinity or FA and Traveler hereby acknowledge and agree that the percentages listed above as cancellation fees shall constitute liquidated damages and not penalties, and are in addition to all other rights. The Parties further acknowledge that (i) the amount of loss or damages likely to be incurred is difficult to precisely estimate, (ii) the percentages specified above bear a
reasonable relationship to, and are not plainly or grossly disproportionate to, the probable loss likely to be incurred by Infinity or FA in connection with Infinity’s or FA’s inability to place another individual in the slot of the cancelling Traveler at a full or discounted rate or to obtain a refund for third parties with whom
Infinity or FA has contracted in relation to the Traveler’s tour.
11.2 Cancellation By Infinity or FA Before Departure. If a Tour is cancelled by Infinity or FA before the date of departure for reasons other than those in the direct control of Infinity or FA, and the cancellation is not caused by Traveler’s fault or negligence, Traveler will have the choice of accepting from Infinity or FA: (i) a substitute Tour of equivalent or superior value, whereby Traveler would be required to pay the difference in price between the amount paid for the canceled tour and the superior tour; or (ii) a substitute Tour of lesser value if no Tour of equivalent or superior value is reasonably available and to recover from Infinity or FA the difference in price between the price of the Tour originally purchased and the substitute Tour; or (iii) a full refund of all monies paid for the cancelled Tour. In the event that a Tour cancellation occurs under the circumsances prescribed in Section 20, titled “Force Majeure”, Infinity or FA shall be entitled to deduct from such refund to Traveler any booking and/or administrative fees paid by Infinity or FA to third parties in connection with the organization of the Tour that have not been or will not be refunded to Infinity or FA by the third party. The tour operator can withdraw from the contract if he is prevented from fulfilling the contract due to unavoidable and extraordinary circumstances. In the event of premature termination of the trip due to subsequent impossibility, a claim for reimbursement of the payment made exists only for services not consumed, which were not decisive for reaching the travel destination. Thus, a refund of the payment made for all services as part of an expedition with the aim of climbing a mountain or reaching a specific geographical destination is excluded.
11.3 Cancellation / Trip Interruption By Infinity or FA Near The Tour Departure Or During Tour. Infinity or FA as the tour operator can withdraw from the contract if he is prevented from fulfilling the contract due to unavoidable and extraordinary circumstances. In the event of premature termination of the trip due to subsequent impossibility, a claim for reimbursement of the payment made exists only for services not consumed, which were not decisive for reaching the travel destination. Thus, a refund of the payment made for all services as part of an expedition with the aim of climbing a mountain or reaching a specific geographical destination is excluded.
11.4 Losses Arising From Or Related To Cancellation. Infinity or FA is not responsible for any incidental expenses or consequential losses that Traveler may incur arising out of or related to the cancelled booking, including, without limitation, visas, vaccinations, non-refundable flights or rail, non-refundable car parking, other fees, loss of earnings, or loss of enjoyment. Infinity or FA reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where a significant element of a Tour as described cannot be provided after departure, Infinity or FA will make suitable alternative arrangements where possible. If it is not possible to provide a suitable alternative or if Traveler reasonably rejects any suitable alternatives, Infinity or FA may provide Traveler with a refund for unused products or services as determined in its discretion.