Quetzaltrekkers Terms and Conditions
1. DEFINITIONS: The definitions below will apply throughout these terms and conditions:
a. Client means a person who books a trek offered by QT and includes all participants that person may book a trek on behalf of;
b. Deposit means 100 Quetzales payable per participant, per Trek to QT by 11.00am on the day prior to a Trek’s departure, and secures a participant’s spot on the Trek;
c. QT means Quetzaltrekkers, a non-profit, volunteer-run trekking organization based in Xela, Guatemala and includes Edelac Escuela de Calle, Hogar Abierto and any volunteers, and associated persons;
d. Terms means these terms and conditions, as may be updated by QT from time to time;
e. Trek means any trek offered by QT and booked by a Client.
2. ACCEPTANCE: The Client agrees that the Client will be bound by these Terms upon payment of the Deposit.
3. APPLICATION AND TERM: These Terms apply to all Treks from the date that a Deposit is paid, until the date the Trek finishes, unless the Trek is changed, cancelled or finishes earlier, in accordance with clauses 7, 8 or 9 of these Terms.
4. PRICE: The prices of all treks offered by QT are as listed in the QT offices and on the QT website, and may be updated by QT from time to time. A 50 Quetzales late fee per participant will apply where a Deposit is not paid by 11.00am the day prior to a Trek’s departure.
5. PAYMENT: Following payment of the Deposit, the balance payable for a Trek is due at the pre-trek meeting for all multi-day Treks, or by 6.00am of the day of a Trek’s departure for single-day Treks. QT has the right to refuse a Client’s participation in a Trek where full payment is not received in accordance with this clause. At QT’s sole and absolute discretion, the Client may pay the balance after the Trek, provided that the Client’s passport is given to QT before the Trek departs, and QT will only return it when full payment is made. All cash payments must be made in Quetzales, QT does not accept any other currency.
6. TRANSFERS: If the Client wishes to transfer from one Trek to another trek offered by QT, the Client must inform QT by 11.00am of either the day prior to the original Trek’s departure, or the day prior to the new trek’s departure, whichever is earlier, and the Deposit for the original Trek will be transferred to the new trek. If a transfer is not notified to QT by the time specified above, QT is not obliged to transfer the Deposit to a new trek but may do so at its discretion.
7. CANCELLATION BY THE CLIENT: If a Client cancels or leaves a Trek for any reason the following will apply:
a. a refund equal to the full amount paid by the Client will be issued where the cancellation is made by 11.00am of the day prior to the Trek’s departure;
b. a refund equal to the full amount paid by the Client minus the Deposit will be issued where the cancellation is made after 11.00am of the day prior to the Trek’s departure, but before 9.00pm of the day prior to the Trek’s departure;
c. no refund will be issued where, for any reason whatsoever, the cancellation is made after 9.00pm of the day prior to the Trek’s departure, the Client misses or does not show up for the Trek departure, or the Client leaves or does not complete the Trek.
8. CANCELLATION OR ALTERATION BY QT: QT may at any time cancel a Trek, or alter a Trek’s itinerary, due to any circumstances that may occur beyond its reasonable control. A full refund will be issued for cancellations made by QT, unless the Client books a new Trek, in which case any money already paid will be applied to the amount due for the new Trek, and the surplus (if any) will be refunded to the Client. No refund will be issued for any alterations made to a Trek’s itinerary.
9. EVACUATION: If a Client is not able to complete a Trek, transport costs back to Xela or the final destination of the Trek, in the case of medical emergency will be covered by QT. Any other loss, damage or costs related to a Client’s evacuation from a Trek and additional emergency services will be the Client’s responsibility. The Client agrees to abide by all QT guides’ decisions in all circumstances where a Client needs to be evacuated for any reason from a Trek.
10. CLIENT RESPONSIBILITIES
a. Insurance: QT strongly recommends that the Client purchases adequate travel insurance to cover any cancellations, delays, medical expenses, emergencies, or interruptions due to unforeseen circumstances that may occur in relation to the Trek. The Client acknowledges that the Client is responsible for all loss or damage suffered by the Client, that is not covered by any such travel insurance, except as expressly provided in these Terms.
b. Risk: The Client acknowledges that Treks are adventurous and inherently involve a certain amount of personal risk. The Client accepts responsibility for all risks associated with a Trek and agrees to neither sue, nor hold liable in any way, QT, Escuela de la Calle, Hogar Abierto, or any of their employees, volunteers or associates for any loss, damage or injury suffered by a Client in relation to a Trek.
c. Guide authority: The Client agrees that QT guides have full and final authority on all matters and decisions in relation to the Trek and the Client will act in good faith to follow such authority and advice of QT guides.
d. Preparation: The Client acknowledges that although QT will act in good faith to assist the Client in being prepared for the Trek, it is the Client’s sole responsibility to ensure that the Client is adequately prepared for the Trek with the correct gear and any special medial or dietary requirements that he or she may require.
11. GEAR: QT may require a bond to be paid (or a Client’s credit card details to be recorded) for certain gear items that a Client borrows for a Trek, including but not limited to headlamps and hiking poles. The amount of such bond may be determined by QT from time to time at its sole discretion. QT will return the bond to the Client when the gear is returned to QT at the end of the Trek in the same condition (except for general wear and tear) that it was in when the Client received it at the start of the Trek. If gear is not returned in the same condition that it was originally received QT may, at its sole discretion, retain the bond, or have the Client’s credit card charged for the amount required to repair the damage or replace the gear.
12. LIMITATION OF LIABILITY: QT’s total liability to the Client is limited, to the maximum extent permitted by law, to the amount of money (if any) paid to QT by the Client. QT will be in no way liable for any further loss or damage suffered by the Client except as expressly provided in these Terms.
13. FORCE MAJEURE: QT is not responsible or liable where any force majeure event occurs which is beyond the control of QT, including but not limited to acts of God, civil or military disturbances, extreme weather, technological interruptions, labour strikes or acts of war or terrorism.
14. GOVERNING LAW: These Terms shall be governed by the laws of Guatemala and the Client and QT agree to submit to the jurisdiction of the courts of Guatemala in relation to any dispute regarding these Terms.