RUSTIC PATHWAYS GAP YEAR TERMS & CONDITIONS

In order to keep you safe and our insurers happy, we must make you aware of the small print!

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
These Terms and Conditions govern the relationship between you and RUSTIC PATHWAYS AUSTRALIA INC., USA., doing business as RUSTIC PATHWAYS (hereafter referred to as "RUSTIC PATHWAYS"). By applying for a program or programs, you agree to be bound by these Terms and Conditions, which outline, among other things, our cancellation policy and certain limitations of liability. These Terms and Conditions affect your rights and designate the conditions for the resolution of any and all disputes.

1. The Contract.
All persons applying for a program or programs must carefully read and understand the Terms and Conditions that follow. By applying on our website, you accept, understand, and are bound by these Terms and Conditions. The person named on the Gap Year Applicationis hereafter referred to as the "CLIENT." All bookings are made with RUSTIC PATHWAYS, which sells the programs described in our 2009-2010 Gap Year catalog, on our Gap Year website, andthrough our"Agents." These Terms and Conditions shall constitute the entire agreement between RUSTIC PATHWAYS and the CLIENT and shall constitute a binding agreement. There is no verbal or written representation, warranty, collateral agreement, prior agreement, description of services, or conditions other than as expressed herein. The program or programs to be provided is/are the program(s) referred to in the RUSTIC PATHWAYS Gap Year Acceptance Letter and Invoice.

2. Application Processing Fee and Deposit Requirement.
A non-refundable application processing fee of $100 must be sent with the CLIENT’S Gap Year application and received before a Gap Year Applicationcan be confirmed. If an application is submitted within 75 days of the departure date, then the full price of all programs is payable at the time of the submittal of the application. The non-refundable application processing fee, medical form, and any additional forms must be sent to RUSTIC PATHWAYS. These forms will be included in the CLIENT’S pre-departure documents, which will be sent out after the CLIENT’S Gap Year Applicationand deposit are received by RUSTIC PATHWAYS.

3. Application Deadlines/Final Payment/Acceptance Letters / CLIENT Details

a. Application Deadline.
Applications for Gap Year programs must be received at least 45 days prior to the start of the program. RUSTIC PATHWAYS will make a decision to run or cancel a program 45 days prior to the departure date for a given program. Do not make any bookings before talking without talking to a RUSTIC PATHWAYS representative first. RUSTIC PATHWAYS reserves the right to cancel a Gap Year Program for any reason at any time, but in general will not cancel a Gap Year Program fewer than 45 days prior to the Gap Program’s departure date, except for force majeure, or unusual or unforeseen circumstances outside of RUSTIC PATHWAYS’ control. SEE ITEM 5.

b. Final Payment for RUSTIC PATHWAYS Gap Year Programs and Acceptance Letter.
RUSTIC PATHWAYS must confirm acceptance of the CLIENT’S application in writing with a letter of acceptance.  Please refer to the CLIENT’S Acceptance Letter for details regarding payment(s). Payment of the balance of the programprice, as invoiced, is due 75 days before the departure date. If a booking is made fewer than 75 days before the departure date, then the full amount is payable at the time the CLIENT’S booking is confirmed by the Acceptance Letter and Invoice.  If this balance is not paid on or before the due date,RUSTIC PATHWAYS reserves the right to treat the CLIENT’S booking as cancelled, and any payments already made by the CLIENT to RUSTIC PATHWAYS will be subject to RUSTIC PATHWAYS’ cancellation policy.

c. CLIENTDetails.
In order for RUSTIC PATHWAYS to confirm and guarantee the CLIENT’S program selection, the CLIENT must provide all CLIENT details within 20 days of the date the Acceptance Letter is sent out by RUSTIC PATHWAYS to the CLIENT.  The CLIENT must provide all CLIENT details at least 45 days prior to the initial program departure date.If CLIENT details are not received at least 45 days prior to the departure date, a fee of $75.00 will be charged to the CLIENT. CLIENT details include passport number, copy of passport, medical forms, full name as it appears on the applicant’s passport, date of birth, insurance information, copies of visas (where applicable), and nationality.

4. Cancellation by the CLIENT.

a. Cancellation prior to the start of Scheduled Gap Year programs and Gap for Good programs.

*Once accepted, cancellation at any time will result in the loss of non-refundable internal airfare and permit/license costs associated with programs.  Remaining costs for the CLIENT’S program(s) will be refunded as noted below.

*Cancellation more than 90 calendar days before the start date of aScheduled Gap Year program or Gap for Good program will result in a 100% refund of all program costs (excluding internal airfares and permits since these are non-refundable).

*Cancellation between 90 and 60 calendar days before the start date of aScheduled Gap Year program or Gap for Good program will result in a 80%refund of all program costs (excluding internal airfares and permits since these are non-refundable).

* Cancellation between 59 and 45 calendar days before the start date of aScheduled Gap Year program or Gap for Good program will result in a 65% refund of all program costs (excluding internal airfares and permits since these are non-refundable).

* Cancellation between 44 and 30 calendar days before the start date of aScheduled Gap Year program or Gap for Good program will result in a 50% refund of all program costs (excluding internal airfares and permits since these are non-refundable).

* Cancellation between 29 and 15 calendar days before the start date of aScheduled Gap Year program or Gap for Good program will result in a 25% refund of all program costs (excluding internal airfares and permits since these are non-refundable).
* Cancellation fewer than 15 calendar days before the start date of aScheduled Gap Year program or Gap for Good program will result in a 100% loss of all program costs.

b. Cancellation of Custom Gap Year Programs.

*Cancellation during the first 10% of the total program duration, based on calendar days, results in a 50% refund of program fees.  Any internal airfare and any permits or licenses purchased on the CLIENT’S behalf are non-refundable.

*Cancellation when the CLIENT has completed between11% - 25% of the total program duration, based on calendar days, results in a 25% refund of program fees.  Any internal airfare and any permits or licenses purchased on the CLIENT’S behalf are non-refundable.

*Cancellation when the CLIENT has completed between 26% - 40% of the total program duration, based on calendar days, results in a 10% refund of program fees.  Any internal airfare and any permits or licenses purchased on the CLIENT’S behalf are non-refundable.

*Cancellation after 40% of the total program duration, based on calendar days, results in a 100% loss of program fees.  Any internal airfare and any permits or licenses purchased on the CLIENT’S behalf are non-refundable.

 c. CLIENTS who must temporarily leave a program after it has started but will return.

*Should a CLIENT need to leave a Scheduled Gap Year program, Gap for Good program, or Custom Gap Year program for a period of time in the case of a personal emergency or preference, he/she is able to leave his/her Gap Year program and rejoin at any given time at no extra cost.  However, no refund will be given for the time or activities missed, and all airfare becomes the responsibility of the CLIENT.  This includes any necessary ticket change fees or new internal ticketing that is required to allow the CLIENT to rejoin the program.  Any costs incurred by the transfer out of the program and back into the program, including, but not limited to, transportation, hotels, and staff accompaniment will be charged to the CLIENT.  In the event that the CLIENT wishes to make changes to travel plans or to leave a program and rejoin at a later time, RUSTIC PATHWAYS will accommodate the CLIENT if able to do so without adversely affecting the integrity of the program for other participants.  The decisions of the CLIENT will be final on all requests to cancel or make changes to personal travel plans regardless of the wishes of the CLIENT’S family or anyone else.  The CLIENT, not RUSTIC PATHWAYS, is solely responsible for notifying his/her family of changes to programs or cancellation.

5. Cancellation of a Gap Year Program by RUSTIC PATHWAYS.
RUSTIC PATHWAYS will make a decision to run or cancel a program 45 days prior to the departure date for a given program. Do not make any bookings before talking without talking to a RUSTIC PATHWAYS representative first. RUSTIC PATHWAYS reserves the right to cancel a Gap Year Program for any reason at any time, but in general will not cancel a Gap Year Program fewer than 45 days prior to the Gap Program’s departure date, except for force majeure, or unusual or unforeseen circumstances outside of RUSTIC PATHWAYS’ control. When a Gap Year Program is cancelled by RUSTIC PATHWAYS, the CLIENT may choose between a full refund of all monies paid or a credit towards any alternative Gap Year program offered by RUSTIC PATHWAYS. RUSTIC PATHWAYS is not responsible for any incidental expenses that the CLIENT may have incurred as a result of the CLIENT’S Gap Yearprogram acceptance, such as visas, vaccinations, non-refundable internal flights, or loss of employment, etc. If the alternative Gap Year program chosen by the CLIENT is of a lower value than the programoriginally selected, then the CLIENT is entitled to a refund of the price difference. If the alternative Gap Year program chosen by the CLIENT is of a higher price than the program originally chosen, then the CLIENT must pay the difference prior to the start of the program.

6. Unused Services.
There will be no discounts or money refunded for missed or unused services.  This includes voluntary or involuntary termination, i.e. sickness, death of a family member, etc.

7. Prices and Surcharges.
RUSTIC PATHWAYShas made a reasonable effort to accurately represent the true program costs.However, RUSTIC PATHWAYSreserves the right to impose surcharges (price increases) up to 45 days before the departure date due to changes in currency exchange rates, increases in airfare or other transportation costs, increases in local operator costs, licenses, permits, fees, or taxes, necessary changes to program itineraries, government action, or any other circumstancethat may require RUSTIC PATHWAYS to do so.

8. Brochure/Website Validity.
The prices in the RUSTIC PATHWAYS Gap Year Brochure are based on airfares, exchange rates and costs in effect at the time of printing the brochure (November 2008). RUSTIC PATHWAYS reserves the right to alter prices for any Gap Year Programs if these rates change. The most up-to-date prices for all Gap Year programs are posted on the RUSTIC PATHWAYS Gap Year website, rusticpathways.com/gapyear.

9. Flexibility.
The CLIENT appreciates and acknowledges that the nature of this type of travel requires considerable flexibility and should allow for alternatives. The itinerary provided for each Gap Year Program is representative of the types of activities planned, and RUSTIC PATHWAYS is under no contractual obligation to strictly follow it. It is understood that the route, schedules, itineraries, activities, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events, which may include sickness or mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, issues with local customs and immigration officials, or climate and other unpredictable or unforeseeable circumstances.

10. Changes to Programs.

a. Changes to programs made by RUSTIC PATHWAYS.
RUSTIC PATHWAYS reserves the right to change any of the facilities, services or prices described in the Gap Year Brochure or on the Gap Year website before a booking is made. If such a change is made, the CLIENT will be told at the time of booking or when the change occurs. While RUSTIC PATHWAYS will endeavor to operate all programs as advertised, reasonable changes in the itinerary may be made where deemed necessary or advisable by RUSTIC PATHWAYS. If RUSTIC PATHWAYS makes a major change, RUSTIC PATHWAYS will inform the CLIENT as soon as reasonably possible. The definition of a major change is deemed to be a change affecting at least five consecutive days of the itinerary.

b. Transfer to another program by the CLIENT.
A transfer from one program to another must be made more than 45 days before the departure date and must be approved by RUSTIC PATHWAYS. If such a request is accepted by RUSTIC PATHWAYS, RUSTIC PATHWAYS reserves the right to charge an administration fee of $75.00 per change. TheCLIENT may only transfer a booking to a departure date in the current Gap Year season (2009-2010) and may not transfer a booking to future Gap Year seasons. Any request to transfer received by RUSTIC PATHWAYSfewer than 45 days before departure will not normally be accepted and will be regarded as cancellation by the CLIENT, and cancellation fees (as noted in Section 4a above) will apply for the CLIENT.  In this case, the CLIENT must cancel the booking and then re-book on another program. 

11. Authority of Program Leaders on Programs.
At all times, the decisions of RUSTIC PATHWAYS’ Program Leaders will be final on all matters concerning perceived risks to safety and the integrity of the program. By consenting to travel with RUSTIC PATHWAYS, the CLIENT agrees to abide by the authority of the Program Leaders, who represent RUSTIC PATHWAYS. The CLIENT must at all times strictly comply with the laws and customs of all countries visited. The CLIENT also agrees to be bound by the Gap Year Rules of Conduct, which are sent out with the Acceptance Letter. If the CLIENT is affected by any condition, medical or otherwise, that might affect other participants’ enjoyment of the program, the CLIENT must advise RUSTIC PATHWAYS at the time of application. Should the CLIENT fail to comply with the above or commit any illegal act when on a program,or, if in the opinion of the Program Leader, the CLIENT’S behavior is causing or may cause danger, distress or inconvenience to the CLIENTor others, RUSTIC PATHWAYS reserves the right to terminate the CLIENT’S participation in a program as well as any or all future programs without any liability on RUSTIC PATHWAYS’ part.In this case, the CLIENT will not be entitled to any refund.

12.  Complaints by the CLIENT
In the event that the CLIENT has a complaint aboutany aspect of the program or programs during the course of the program, the CLIENT must first notify a Program Leader so that the Program Leader can attempt to rectify the matter.  If, after bringing the problem to the attention of the Program Leader, the CLIENT feels the problem is not resolved satisfactorily, or if the CLIENT is uncomfortable notifying the Program Leader of a problem, the CLIENT is responsible for notifying RUSTIC PATHWAYS. If the CLIENT’S satisfaction is still not reached through these means, then any further complaint must be put in writing to RUSTIC PATHWAYS within 30 days of the end of the program. RUSTIC PATHWAYS will not accept any liability for claims received after this time period.

13.  Notification of Family and Emergency Contacts.
The CLIENT is a legal adult and is therefore responsible for notifying his/her family of any events, including injury, loss, or damages, that occur during a RUSTIC PATHWAYS program or during transit into or out of a program.  In the event that the CLIENT is injured, incapacitated or otherwise unable to notify his/her family of an injury or loss, RUSTIC PATHWAYS will make a reasonable effort to contact and inform only the people named on the CLIENT’S application as “Emergency Contacts.” In the event that the CLIENT refuses to inform his/her family of any event or personal circumstance, RUSTIC PATHWAYS cannot provide the CLIENT’S family or emergency contacts with any such information pertaining to the CLIENT or anyone participating in the program.  RUSTIC PATHWAYS may choose to notify the family and emergency contacts of a situation or emergency involving the CLIENT only if the CLIENT:
a.  authorizes RUSTIC PATHWAYS to do so,
or
b.  is incapacitated or otherwise unable to notify his/her family of the situation or emergency, and RUSTIC PATHWAYS deems it necessary to do so.

14. Acceptance of Risk.
The CLIENT acknowledges that Gap Year Programs, the activities therein, and travel in general involve some personal risk and risk to personal property. The CLIENT hereby assumes all such risk and releasesRUSTIC PATHWAYS from all claims arising from any loss, damages, injuries or death resulting from these inherent risks.  All persons must be 18 years of age or older to participate in Gap Year programs.  As a legal adult, the CLIENT has the right to either consent or refuse to participate in any activity without parental consent or notification.  By consenting to participate in any activity, the CLIENT assumes any and all responsibility and risk associated with the activity.

The CLIENT acknowledges that he/she will be visiting places where the political, cultural and geographical conditionspresent certain risks, dangers and physical challenges different than those present in his/her daily life.  By booking travel with RUSTIC PATHWAYS, the CLIENT acknowledges that he/she has considered the potential risks, dangers and challenges, and expressly assumes the risks attendant to such travel conditions. The CLIENT is solely responsible for acquainting himself/herself with the customs, weather conditions, physical challenges and laws in effect at each stop along the program itinerary.By participating in a RUSTIC PATHWAYS Gap Year Program, the CLIENT further acknowledges that any explanation of risk described in this document or provided in other forms by RUSTIC PATHWAYS staff is incomplete, and that there are many unforeseeable risks inherent to participation in Gap Year programs and the activities therein.  RUSTIC PATHWAYS is not responsible for detailing all possible forms of risk.

15. Alcohol Consumption.
In some countries, alcohol consumption by persons 18 years of age or older is permitted by law.  As a legal adult, the CLIENT may at times choose to consume alcohol during a RUSTIC PATHWAYS Gap Year program.  RUSTIC PATHWAYS is not responsible for any loss or damage arising directly or indirectly from the CLIENT becoming intoxicated.  At times, RUSTIC PATHWAYS’ staff may request that the CLIENT refrain from drinking alcohol.  Failure to comply with such a request will be considered a violation of the Gap YearRules of Conduct and may result in expulsion of the CLIENT from any or all future programs.  Excessive consumption of alcohol or excessive intoxication is not permitted on RUSTIC PATHWAYS Gap Year Programsand is a violation of the Gap YearRules of Conduct.  RUSTIC PATHWAYS reserves the soleright to define the CLIENT’S consumption of alcohol or level of intoxication as “excessive.”RUSTIC PATHWAYS is not required to prevent consumption of alcohol by the CLIENT at any time and will not be liable to the CLIENTfor any failure to deem the CLIENT’S consumption of alcohol or level of intoxication “excessive” or any failure to request that the CLIENT refrain from drinking alcohol.

16.  Limitation of Liability
a. RUSTIC PATHWAYS will accept liability for the negligence of its staff or agents causing death or physical injury to persons or loss or damage to personal property only to the extent it is obliged under law. This acceptance of liability is subject to clause C below.

b. In other circumstances RUSTIC  PATHWAYS will be liable to the CLIENT for the proper performance of the contract. This acceptance of liability is subject to clause C below.

c. RUSTIC PATHWAYS shall not be liable for any damage or loss if the loss or damage is:
      1) attributable to the CLIENT.
      2) attributable to a third party unconnected with the provision of the services contracted for and the event is unforeseeable or unavoidable.
      3) due to unforeseen circumstances beyond RUSTIC PATHWAYS’ control, the consequences of which could not have been avoided even if all due care had been exercised.
      4) due to political disputes, border closures, refusal of visas, industrial action, climate or other matters of a similar nature, or force majeure.
      5) due to an event whichRUSTIC PATHWAYS, even with all due care, could not foresee or forestall.
      6) attributable to a violation by the CLIENT of the Gap Year Rules of Conduct or any local law.

d. Any liability covered under section 16b is limited to the price paid. In the case of damaged property, the liability is limited to a maximum amount equal to the amount paid by or on behalf of the owner of the property. In all cases, RUSTIC PATHWAYS specifically excludes all liability for indirect or consequential loss or expense.

e. RUSTIC PATHWAYS’ acceptance of liability in clauses 16a and 16b (above) is subject to assignment by the CLIENT to RUSTIC PATHWAYS of the CLIENT’S rights against any agent, supplier or sub-contractor of RUSTIC PATHWAYS which is in any way responsible for the unsatisfactory program arrangements or the CLIENT’S death or personal injury.

17. Factors Outside RUSTIC PATHWAYS’ Control (Force Majeure).
RUSTIC PATHWAYS shall not be liable in any way to the CLIENT or the CLIENT’S family for death, bodily injury (including emotional distress or injury), illness, damage, delay or other loss or detriment to person or property or for RUSTIC PATHWAYS’ failure to commence, perform and/or complete any duty owed to the CLIENT if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by an Act of God, war or war-like operations, terrorist activities, civil commotions, labor difficulties (whether or not RUSTIC PATHWAYS is a party thereto), interference by authorities, political disturbance, or any other cause beyond the reasonable control of RUSTIC PATHWAYS.

18. Travel Documents.
a. The CLIENT must be in possession of a valid passport, required for entry, departure and travel through each destination point along the program’s itinerary, and be in possession of all visas, permits and certificates, including vaccination certificates and insurance policies, required for the whole of the CLIENT’S Gap Year program. The CLIENT’S passport must be valid for at least six months after the CLIENT’S return date.  The CLIENT accepts full responsibility for obtaining all such documents, visas and permits, and is solely responsible for any adverse consequences resulting from missing or defective documentation. Any information or advice given by RUSTIC PATHWAYS regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory and provided as a courtesy to the CLIENT.RUSTIC PATHWAYS is not responsible for any errors, changes, alterations, or omissions in the information provided.

b. To expedite the issuing of RUSTIC PATHWAYS travel documents, please note that all program-related travel documents, such as acceptance letters, invoices, forms, and the Gap Year Rules of Conduct, will be sent via e-mail and mailonce a complete application has been received and accepted by RUSTIC PATHWAYS.

19. Travel insurance.
It is mandatory that theCLIENT obtains travel insurance covering the duration of all travel with RUSTIC PATHWAYS, and this insurance must cover personal injury, medical expenses, repatriation expenses, and evacuation expenses. It is strongly recommended that the coverage be extended to include cancellation, curtailment, loss of belongings and all other expenses that might arise.

20. Suppliers’Conditions.
RUSTIC PATHWAYS’ obligations, and those of any suppliers providing any service or facility the CLIENT books with RUSTIC PATHWAYS, are to provide services and facilities with reasonable care and skill.   Airlines, railways, coach and shipping companies, and other suppliers have their own booking conditions or conditions of carriage, and the CLIENT will be bound by these as far as the relevant transport provider or supplier is concerned. Some of these conditions may limit or exclude liability on the part of the relevant transport provider or other supplier, and they are often also subject to various international conventions.

21. Optional Activities.
Optional extras do not form part of the program or contract. It is understood and accepted by the CLIENT that any assistance given by the Program Leader or representative in arranging optional extras does not render RUSTIC PATHWAYS liable for optional extras.

22. Severability.
In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason, then such term or condition shall be deemed to be severed from this agreement or amended accordingly only to such extent necessary to allow all remaining Terms and Conditions to survive and continue as binding.

23. Successors &Assigns.
These Terms and Conditions shall inure to the benefit of and be binding upon RUSTIC PATHWAYS and the CLIENT and their respective heirs, legal personal representatives, successors and assigns.

24. Errors &Omissions.
Although RUSTIC PATHWAYS has made a concerted attempt to verify the accuracy of statements made herein, RUSTIC PATHWAYS cannot be held responsible for any error, omission or unintentional misrepresentation that may appear in this document.

25. Privacy Policy.
RUSTIC PATHWAYS will provide the CLIENT’S personal information to suppliers and carriers to enable the operation of the services requested by the CLIENT. RUSTIC PATHWAYS does its utmost to protect the CLIENT’S personal information.  RUSTIC PATHWAYS may quote the CLIENT and use the CLIENT’S name and image in RUSTIC PATHWAYS’ promotional materials.  

26.  Medical Services
The CLIENT authorizes RUSTIC PATHWAYS to obtain or provide emergency hospitalization, surgical, or other medical care for the CLIENT by qualified individuals. The CLIENT authorizes any third-party medical provider to exchange any pertinent personal medical information with RUSTIC PATHWAYS.  Costs associated with medical services, including transport and evacuation, will be borne by the CLIENT.

27. Agreement of Release and Indemnity
By agreeing to these Terms and Conditions, the CLIENT releases, holds harmless, and agrees not to sue RUSTIC PATHWAYS, its owners, trustees, officers, agents, employees, and contractors (“Released Parties”) with respect to any and all claims of injury, disability, death, or other loss or damage to person or property suffered by the CLIENT arising in whole or in part from enrollment or participation in any activity of RUSTIC PATHWAYS.  The CLIENT agrees further to indemnify (“indemnify” meaning to defend, and to pay or reimburse) Released Parties against any claim by a member of the CLIENT’S family, a rescuer, co-participant, or any other person, arising in whole or in part from an injury or other loss suffered or caused by the CLIENT in connection with an activity of RUSTIC PATHWAYS.

28.  Resolution of Legal Disputes
If the parties to this agreement have a legal dispute that cannot be settled amicably by negotiation, the parties will attempt to settle the dispute through a mutually acceptable mediator whose name appears on the registry of names recognized by Ohio courts as qualified persons for mediation assignments.  The CLIENT agrees to pay all costs and attorney’s fees incurred by RUSTIC PATHWAYS defending a claim or a suit if the claim or suit is withdrawn or to the extent a court or arbitration determines that RUSTIC PATHWAYS is not responsible for the injury or loss.