DEFINITIONS: The definitions below will apply throughout these terms and conditions:
QT means Quetzaltrekkers, a non-profit, volunteer-run trekking organization that is part of Asociacion Escuela de la Calle (EDELAC) based in Xela, Guatemala, and any volunteers and associated persons;
Client means a person who books a trek offered by QT and includes all participants that person may book a trek on behalf of;
Trek means any trek offered by QT and booked by a Client;
Registration means any order booking made by a Client for a Trek offered by QT in the current reservation system, and must be made 36 hours prior to the Trek’s Departure;
Deposit means 100 Quetzales per participant per trek, payable upon Registration to QT, and secures a participant’s spot on the Trek;
Trek’s Departure means the time that the client is expected to be at our office for the start of the Trek, which does not include the pre-trek meeting required for multi-day Treks.
Terms means these terms and conditions, as may be updated by QT from time to time;
ACCEPTANCE: The Client agrees that the Client will be bound by these Terms upon Registration.
APPLICATION AND TERM: These Terms apply to all Treks from the date that a Registration is made, 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.
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.
PAYMENT: The full balance payable for a Trek is due 12 hours prior to a Trek’s departure, for multi-day Treks this will be paid at the pre-trek meeting at 6pm the night prior, but for single-day Treks clients will have to stop by the office during office hours. QT has the right to refuse a Client’s participation in a Trek where full payment is not received in accordance with this clause. All cash payments must be made in Quetzales, QT does not accept any other currency.
TRANSFERS: If the Client wishes to transfer from one Trek to another trek offered by QT, the Client must inform QT by 36 hours in advance of the original Trek’s departure, or 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 obligated to transfer the Deposit to a new trek but may do so at its discretion.
CANCELLATION BY THE CLIENT: If a Client cancels or leaves a Trek for any reason the following will apply:
A refund equal to the full amount paid by the Client will be issued where the cancellation is made 36 hours prior to the Trek’s departure.
No refund will be issued and half price of the Trek will be charged where, for any reason whatsoever, the cancellation is made after 36 hours but before 12 hours prior to the Trek’s departure.
No refund will be issued and full price of the Trek will be charged where, for any reason whatsoever, the cancellation is made after 12 hours prior to the Trek’s departure, or if the Client misses the Trek departure, or the Client leaves and does not complete the Trek.
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.
EVACUATION: If a Client is not able to complete a Trek due to a medical emergency, transport costs off of the Trek 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.
CLIENT RESPONSIBILITIES
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.
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.
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.
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 medical or dietary requirements that he or she may require.
PHOTO, VIDEO AND OTHER CONTENT
Consent: By participating on a Trek the Client gives QT the absolute and irrevocable right and unrestricted permission to publish, distribute, exhibit or otherwise use the photographs or other content that QT has taken or may have taken of the Client. Content is including, but not limited to, text, graphics, photos, videos, illustrations, software, etc. The Client releases QT from all claims, demands and liabilities whatsoever in connection with the content. The Client understands that the content may be modified in any manner, and hereby waives any right to inspect or approve any final product that uses the content. The Client acknowledges that the content may be used, without limitations, in print publications, online publications, websites and on social media.
Ownership: The Client acknowledges that by sharing any photograph or other content with QT, they give permission to use their material as determined by QT; meaning QT can publish, publicly display and perform, modify, edit, alter and otherwise use the content without further consent, review or participation from the Client, for any purpose or within any medium or format. Content is including, but not limited to, text, graphics, photos, videos, illustrations, software, etc.
GEAR: QT may require a bond to be paid (or credit card details to be recorded) for certain gear items that a Client borrows for a Trek. 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. Should the required repair or replacement of such gear be greater than the retained bond, QT has the right to require the Client to pay the difference for the damaged gear.
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.
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 civil or military disturbances, extreme weather, technological interruptions, labor strikes or acts of war or terrorism.
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.
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