Travel Booking Agreement, Release of Liability,
Assumption of All Risk and Agreement to Arbitrate
(One Travel Booking Agreement must be completed for each individual traveler)
I, __________________________________, am applying for the following Travel Program under the following terms and conditions:
Rannoch Trip Code:__________________________ Rannoch Trip Name: ______________________________________
Departing from:______________________________ Date:__________________________________________________
Returning to:________________________________ Date:__________________________________________________
Accommodation Requested: __________________________________________
Share accommodations with (name, if known)______________________________
Operator:__________________________________ Vessel:_________________________________________________
Operator’s Travel Program Code:_________________ Operator’s Program Name: __________________________________
Trip Price Includes:
Trip Price Does Not Include:
4. Payment Schedule and Making Payments: Method of Payment of Deposit:
(Please indicate how deposit will be paid)
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Payment
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Due Date
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Amount (USD)
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Personal Check
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Credit Card
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Bank Transfer
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Other
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I understand that all prices are in US Dollars and payments can only be accepted by Rannoch in US Dollars. Rannoch accepts American Express, VISA, and Master Card for deposits only. Rannoch accepts checks drawn on US banks and wire transfers for all payments. I may call or email Rannoch for wiring instructions if I wish to pay by bank transfer.
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Days Prior to
Travel Program
Start Date
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Travel Program
Cancellation Fee
Per Person
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By signing this Agreement and paying the deposit required for booking, I represent that neither I nor anyone traveling with me has any physical or other condition or disability that could create a hazard to me or to other participants in the Travel Program. I further represent that I have explained the Travel Program to my doctor, and that he/she has advised me that I am healthy enough to engage in the activities comprising the Travel Program.
I understand that for certain travel Programs, Rannoch may require that I fill out and submit a medical questionnaire or certificate. A doctor’s certificate may also be required for certain Travel Programs. I understand that once I have been confirmed for the Travel Program, Rannoch cannot make exceptions to the Cancellation Terms outlined in Section 5 above in the event my doctor does not provide a required medical certificate, or if any medical condition comes to light that requires that I cancel my booking.
I also agree that I and those traveling with me are responsible for reading the pre-departure information material and bringing with me/us all of the appropriate clothing and equipment, as well as acting in accordance with the customs and laws of the destinations visited. I also accept responsibility for bringing any medications or medical equipment which I might need during the Travel Program.
7. Required and Optional Travel Insurance
I understand that I am required to have at least $100,000 in medical evacuation insurance in order to participate in this Travel program, AND that the cost of such insurance is NOT INCLUDED in the price of the Travel Program. I recognize that that I may be asked by Rannoch and/or its Operator(s) to provide written proof that I have this mandatory insurance coverage as a condition of participating in the Travel program.
I further understand that Rannoch strongly advises that each Travel Program participant purchase trip cancellation, lost baggage, medical expense and airline change-fee insurance. Such insurance is offered by various companies, although the exact coverage varies. Many require purchasing the insurance at or about the time the Travel Program is purchased in order to include cancellation coverage for pre-existing medical conditions. I understand that if I have questions concerning this insurance, I may call Rannoch.
8. "Limitation of Liability
I understand that Rannoch Corporation d/b/a Rannoch Adventures, its employees, shareholders, officers and directors (collectively “Rannoch”) does not own or operate any entity which is to or does provide goods or services for my Travel Program and any other travel services which Rannoch may book for me, including, for example, lodging facilities, transportation companies, local ground operators, including, without limitation, various entities which may utilize the Rannoch name, guides, entertainment, food or drink providers, equipment suppliers, etc. As a result, Rannoch is not responsible for any negligent or willful act or failure to act of any such person or entity. In addition, Rannoch is not responsible for any negligent or willful act or failure to act of any person or entity it does not own or control, nor for any act or inaction of any other third party not under its control.
I further acknowledge that without limitation Rannoch is not liable for any direct, indirect, consequential, or incidental damage, injury, death, loss, accident, delay, inconvenience or irregularity of any kind which may be occasioned by reason of any act or omission beyond its control, including, without limitation any willful or negligent act, failure to act, breach of contract or violation of local law or regulation of any third party such as an airline, train, hotel, bus, taxi, van or local ground handler or guide, whether or not it uses the Rannoch Adventure name, financial default or insolvency of any supplier which is, to, or does supply any goods or services for this trip. Similarly, Rannoch is not responsible for any loss, injury, death or inconvenience due to delay or changes in schedule, overbooking or downgrading of accommodation, default of any third party, attacks by animals, sickness, the lack of appropriate medical care, evacuation to same, if necessary, weather, strikes, acts of force majeure or government, acts of terrorism or the threat thereof, war, epidemics or the threat thereof, quarantine, criminal activity, or any other cause beyond its control.
10. Assumption of All Risk
I acknowledge that I am voluntarily participating in this Travel Program with the knowledge of the numerous risks and dangers involved including but not limited to: negligence on the part of Rannoch, physical exertion for which I am not prepared, forces of nature, transportation failures, either by plane, train, auto, boat, canoe, kayak, bicycle, ski, horseback or other animal, by foot or by any other conveyance; consumption of alcoholic beverages, risks associated with food or impure water, civil unrest, terrorism or the threat thereof, criminal activity, dangers associated with wild or other animals, high altitude, accident or illness without access to means of rapid evacuation and availability of medical supplies or services or the adequacy of medical attention once provided, epidemics or the threat thereof, and stolen, lost, damaged or misplaced luggage.
I acknowledge that the enjoyment and excitement of adventure travel is derived in part from the risks incurred by travel and activity beyond the accepted safety of life at home or work and that these inherent risks contribute to such enjoyment and excitement, and are a reason for my participation. I agree to be responsible for my own welfare and accept any and all risks of delay, unanticipated events, inconvenience, illness, injury, emotional trauma or death. I acknowledge that I have reviewed and agree to accept without limitation the specific risks discussed below: which are not comprehensive and are offered by way of example:
A) Personal Injury or Death
This Travel Program presents many hazards specific to the mode of transport and to the activities included. For example and without limitation, while on the ship participants are subject to injury or death from falls down ladders and steep stairs, falls due to motion of the ship, and even falling overboard. In addition, hypothermia, seasickness, communicable disease, sunburn, injury by aquatic animals, and injury by ship’s equipment are just a few of the possible occurrences. Moreover, shore excursions involve getting into and out of small boats, often landing on the shore in shallow water with no dock or ladder, hiking over rough terrain, exposure to the elements, extremes of cold or heat, contact or encounters with wild land and marine animals, and for populated area excursions, all of the hazards of urban and suburban life.
B) Health Risks
In some locations where Rannoch Travel Programs operate, including the high seas, ready access to hospital facilities for serious problems may be unavailable, and evacuation can be prolonged, difficult and expensive. In addition, hospital facilities and medical facilities in many areas of the world are not of the same quality as in North America and Western Europe
11. Other Documents Required
In executing this Agreement, I acknowledge that other forms and documents must be completed, and in some cases signed, by me as a condition of booking and acceptance as a participant in the Travel Program. I acknowledge that my failure to complete all such paperwork may result in my not being allowed to participate in the Travel Program, in which case, Rannoch will be under no obligation to refund any payments I may have made.
I also acknowledge that it is my responsibility to have without limitation passports, visas, health certificates, evidence of inoculations and vaccinations, and all other required documentation required for my entry into any country or jurisdiction included within the Travel Program and any associated travel booked for me by Rannoch. I accept the responsibility and consequences of any delay or inability to enter any country or jurisdiction included within the Travel Program and any other travel booked by Rannoch.
Prices shown in Section 3 above are based on tariffs, third-party prices and exchange rates in effect at the time of publication and are subject to change prior to departure. Changes in tariffs, exchange rates and the price of fuel, services and labor sometimes increase the cost of Travel Program arrangements, and Rannoch reserves the right to alter the price or introduce surcharges accordingly, even if payment has already been received.
13. Effective Time of This Agreement
I acknowledge that this Booking Agreement becomes effective only after Rannoch has received it properly completed and signed by me, after my deposit has been received by Rannoch, after my place in the Travel Program has been confirmed to Rannoch by all Operators,, and after Rannoch has so notified me. I understand that Rannoch strongly advises me to wait until Rannoch has confirmed my booking before I make any non-refundable commitment to purchase airline tickets or other types of travel
14. Travel Program Starting and Ending Points
I understand that the Travel Program begins and ends at the designated Starting and Ending places, as set out in Section 1 above. Rannoch Travel Programs do not include travel to and from the starting and ending points, unless specifically stated otherwise in Section 3 above.
I acknowledge that I am responsible for being at the Departure place with my luggage and appropriate clothing and equipment, at the date and time specified in Section 1above, or as updated or changed by notices which may be provided to me after booking.
I understand that Rannoch strongly advise Clients to arrive at the Starting point one or more days before the Travel Program departure date and to extend my stay by one or more days at the end of the Travel Program, in order to provide a more restful experience for me and to allow time to compensate for any travel delays.
15. Travel Program itinerary
I understand that the itinerary for my Travel Program, as described in Rannoch brochures and on the Rannoch web site, is based on prior experience and judgment, but is not fixed. In adventure travel, a myriad of factors can influence the exact itinerary followed in the course of a particular Travel Program. Rannoch, and/or its Operators, reserve the right to change the itinerary at any time before or during the Travel Program, without consulting me or other participants, whenever in Rannoch’s and/or its Operators’ sole judgment it is deemed to be in the best interest and safety of all concerned. I recognize that I will have no right to any refund in the event of such itinerary changes. I understand that images appearing on the Rannoch web site and in printed materials do not necessarily depict the exact people, animals, places and transportation equipment I will encounter in the course of my Travel Program.
16. Travel Program Cancellation
I understand that Rannoch and/or its Travel Program Operator reserves the right to cancel the Travel Program I have booked for reasons including without limitation failure to receive a minimum number of bookings for the Travel program, equipment failure, political unrest and unavailability of required services. In the event of such a cancellation, I understand that I am entitled to refund of all payments I have made , which will constitute full settlement. I recognize that Rannoch cannot reimburse me for any third-party travel costs I may have incurred, including non-refundable airfare. However, in the event the Travel Program is cancelled less than 90 days before the departure date, I understand that I will be reimbursed for up to $200 in airline rebooking charges, provided I book another Rannoch Travel Program within 60 days of cancellation.
17. Children
I understand that I must inform Rannoch if this booking is for a person who is under twenty years of age, and that I have explicit permission to book this Travel Program for such person. I also understand and agree that a responsible adult must and will accompany all persons under the age of 20 years unless otherwise agreed in writing by Rannoch. If I am signing this agreement on behalf of a minor, in addition to the above, I also agree to release and hold harmless Rannoch for any claims of the minor. I also agree to be responsible for any medical expenses incurred by the minor.
18. Baggage
I understand that the Travel Program price includes the handling of two pieces of baggage per person, and that air carriers providing domestic or regional air service in connection with my Travel Program may further limit the number of pieces of luggage per passenger, impose certain weight restrictions, or both. I agree to check with any and all airline(s) on which I will be traveling to determine baggage restrictions applicable to my flights.
I further understand that the weight and type of baggage I bring may be limited by the nature of the Travel Program. Details regarding baggage will be provided with preliminary Travel Program documentation and/or made available on the Rannoch web site.
I agree that my baggage and personal effects will be transported, handled and stored completely at my risk throughout the Travel Program, and Rannoch will not be liable for baggage loss or damage. All costs relating to excess baggage quantity or weight will be my responsibility, and not the responsibility of Rannoch.
19. Smoking and Smokers
Outside the United States, attitudes and public policy toward smoking vary widely. I understand that while Rannoch will make reasonable efforts to accommodate my smoking preferences, Rannoch cannot guarantee a smoke-free environment for non-smokers or smoking privileges for smokers during the Travel Program.
20. Photographic Release
I understand that Rannoch reserves the right to take photograph or film records of any of its trips. I hereby agree that Rannoch may use such photograph or film records for promotional or commercial purposes as well as approve such use by third parties without any remuneration to me. I hereby assign any right, title or interest I may have in or to any and all media in which my name or likeness may be used by Rannoch.
21. Arbitration Agreement
I agree that any controversy or claim arising out of or relating in any way to this Travel Booking Agreement, to the brochure, website or other literature or any information relating in any way to the Travel Program or to the Travel Program itself or to any other travel services arranged by Rannoch shall be settled exclusively by binding arbitration in Dallas County, Texas, USA, in accordance with the then existent commercial rules of the American Arbitration Association. Such proceedings will be governed by substantive Texas law (but not Texas procedural law) excluding any application or consideration of the Texas Arbitration Act.
22. Acceptance/Retention
I agree that Rannoch reserves the right, in its sole discretion, to decline to accept or retain any person on any of its Travel Programs if in its sole discretion it deems accepting or retaining such person could impact that person’s health or safety or otherwise be detrimental to the Travel Program as a whole. In the event any person is removed from the trip, Rannoch’s only obligation is to refund to that person that portion of the payment allocable to unused services, as determined by Rannoch’s agreements with its Operators. I agree to follow all written and verbal rules of safety presented to me by Rannoch.
23. Miscellaneous
I understand that changes in this contract can be made only in writing signed by an officer of Rannoch.
24. Signature and Confirmation
I acknowledge I have carefully read the terms of this Travel Booking Agreement. I further acknowledge that I have familiarized myself with all information provided regarding this Travel Program, and I agree to all stated conditions set forth herein.
I understand and acknowledge that this Agreement is a release of liability and a contract between Rannoch and me and I sign this Agreement of my own free will. If any part of this Agreement is deemed unenforceable, all other parts shall be given full force and effect.
Client Name (please print)______________________________________________________
Client Signature_______________________________________________________________
Date____________________
If the Client is younger than 18 years of age at the time of booking, please provide parental permission below:
I, as a parent or guardian of the above-named minor (under 18 years of age), hereby give my permission for my child or ward to participate in the trip and further agree, individually and on behalf of my child, to of all of the Terms and Conditions in this Travel Booking Agreement.
Parent or Guardian Name
(under 18 years old) (please print) ______________________________________________________
Parent or Guardian Signature _______________________________________________________
Date____________________