1. Booking and Reservations.

a. Reservations.  While You may make a reservation and submit payment on a website operated by one of our third-party business partners at any time, a reservation is not accepted or guaranteed until We have confirmed your reservation in writing (including confirmation through e-mail).  Stated another way, this Agreement is conditional on our acceptance of your reservation, and We will let You know when We have accepted your reservation through a confirmation email or other written message.  Any trip prospective trip or tour details that might appear on the Company’s website or the website of one of our third-party business partners are for informational purposes only and are subject to change at any time until We have accepted your reservation.  

b. Booking on Behalf of Others.  If You make a booking for anyone other than yourself, You agree that you are the designated contact person for such other travelers.  You further agree that You have all legal authority to make such reservation on behalf of such other travelers, including for example and without limitation, reservations for any children or minors.  In making such reservation on behalf of others You agree to keep all such travelers informed of all aspects of their booking (including any changes), You agree that all such travelers shall be bound by the terms of this Agreement, and You agree that You will ensure such other travelers agree to and abide by all terms of this Agreement.  We may require each such traveler to sign an agreement similar to this Agreement, but You understand and agree that if such travelers fail to sign such an agreement, or We otherwise fail to obtain their signature for any reason at all, You will be responsible for ensuring that such travelers follow the terms of this Agreement, and You agree to indemnify us for any costs, charges, or losses that arise from any breach of this Agreement by any traveler on behalf of whom You have made a reservation, to the extent such individual has not yet signed a similar travel agreement.

c. Pre-Departure Documentation.   It is the Participant’s responsibility to carefully and promptly read all trip-related documents that you receive from Us.  If any information in any such documents is incorrect, it is the Participant’s responsibility to contact Us and let Us know.  We cannot be responsible for any inaccuracies if You do not notify Us of such inaccuracies within thirty (30) days of your receipt of such documents.  You must sign this Agreement in order to travel with us, and if applicable You must submit an appropriate medical statement or certification; if You fail to sign this Agreement or deliver any such applicable medical statement or certification, We reserve the right the right to cancel your booking and impose the cancellation fees described in this Agreement.

d. Special Requests.  Please let Us know if You have any special requests before making your booking.  We will aim to accommodate special requests to the extent they are within the scope of our tours or trips, and we will aim to deliver you confirmation in writing.  Because we work with a variety of third parties, please note that until we send you specific written confirmation that your special request has been accommodated, your special request will be subject to availability.

2. Changes, Cancellations, Refunds, and Credits.

a. Changes.  Please promptly let Us know of any changes to your booking or reservation.  Change requests will be subject to availability until confirmed in writing.  Company will inform You in advance should any change request increase the price of your booking; in such event you will be responsible for payment of such increase before any such change will be confirmed.  Please specifically note that your trip price may be based on a deal obtained by maintaining a threshold minimum number of participants in your group—if your group size decreases, We reserve the right to adjust the price accordingly, and will let You know the amount of such increase within commercially reasonable time frames.

b. Cancellation and Refunds.  Any trip cancelled more than one hundred eighty (180) days in advance will receive a full refund, less any Actual Costs.  Any trip cancelled ninety (90) or more days in advance will receive fifty percent (50%) refund, less any Actual Costs.  Any trip cancelled less than ninety (90) days in advance will forfeit the entirety of their booking fee.  For the purpose of this paragraph, the phrase “Actual Costs” means costs or charges the Company has paid in direct relation to your booking; for the purposes of example only, and without limitation, should your booking fee be $1,000, and should we have paid third-parties $200 to allow your participation in a kayak ride, We would have no responsibility to return any part of these $200 in charges paid towards a kayak ride on your behalf.  Notwithstanding anything to the contrary herein, the Company reserves the right to accommodate any cancellation requests without charge in its sole and absolute discretion.

c. No Refund for Unused Arrangements.  Our tour and trip prices are based on contract rates, usually paid in advance.  As such, Company cannot deliver refunds for any unused portion of a trip or tour—for example, should You desire to not participate in a pre-paid kayak tour, We will not be able to deliver a refund for such unused kayak tour.  You also understand and agree that certain activities may have minimum passenger requirements, and that a tour component may be cancelled for a larger group should the number of participants fall below any applicable threshold for such tour component.  We will use commercially reasonable efforts to inform You of any such result upon learning that you do not wish to participate in a tour activity or component.

d. Denial of Participation.  Company reserves the right to deny participation in any tour, trip, or component thereof to You or to any traveler or participant, that Company, in its sole discretion, judges to be incapable of meeting the rigors and requirements of the tour activities, or whose actions or behavior Company judges unsuitable for group travel.  During the trip or tour, Company has the right in its sole discretion to remove anyone who it determines to detract from others’ enjoyment of the tour, including You.  The decision of the local guide or local supplier is final on all matters that may threaten the safety or interfere with the well-being of others.  No refunds will be made available in relation to any such removal or denial as described in this paragraph.

e. Cancellation of Certain Activities.  We may need to change certain activities included in a tour or trip itinerary from time to time, in our sole discretion, for a number of reasons, including without limitation unexpected weather that changes the risk profile of such activity, or cancellation of the activity by a third-party service provider.  In the event of any such cancellation we will endeavor to replace it with a comparable one, but we cannot guarantee a similar replacement.

3. Currency Fluctuations and Price Adjustments.  Trip pricing is set far in advance and is composed of current and prospective prices for services from third-party service providers (i.e., fees to enter temples, hot air balloonist payments, etc.).  These current and prospective fees assume stability in currency exchange rates.  The price at which you book your trip or tour is generally a fixed and guaranteed price (provided we have accepted your reservation pursuant to Section 1(a) above).  In the rare event that significant currency fluctuations create a material change in the pricing dynamic, such that the Company cannot reasonably absorb the increased cost resulting from the currency fluctuation, We reserve the right to pass on these unexpected costs to You, in whole or in part.  Company will deliver You as much advance written notice as is practicable.  Should such notice increase your cost basis by fifteen percent (15%) or more, You will have the right to cancel your booking within seven (7) days of receipt of this notice and obtain a full refund, minus any Actual Costs; in such effort We will use reasonable efforts to obtain a return of any Actual Costs so that We can deliver You a full refund.

4. Entry and Exit.

a. Travel Documents.  Passports are generally required for anyone traveling abroad from their country of citizenship, and such passports must generally be valid for at least six (6) months after the intended date of return to such traveler’s home country.  Many countries, both destination and home, also have requirements related to visas, permits, and vaccinations (including proof of such vaccinations).  You acknowledge and agree that You are solely responsible for complying with any such requirements, whether related to your home country, or any destination country.  While We may from time to time and in passing provide information or advice on matters such as visas, vaccinations, climate, clothing, baggage, and special equipment as a matter of convenience or out of past experience, We have no expertise in such requirements, and You agree that We will not be held responsible or liable for any errors, omissions, or inaccuracies related to any information provided.  You as the traveler are wholly responsible for complying with any travel documentation requirements including without limitation passport and visa validity, and immunization requirement compliance.  Failure to abide by any national requirements will not be grounds for a refund in any form.

b. Entry and Exist Requirements.  Each country (and its immigration office) maintains different views of past criminal offenses—what may be a small offense in your country may be grounds for denial of entry to another.  If You have a past criminal offense You are concerned about, You may want to consult the immigration offices of such country, or an immigration attorney practicing in such country.  Denial of entry to a destination country will not be grounds for a refund in any form.

c. Entry and Exit Fees.  Some countries, airport, or ports may require the payment of fees upon departure and/or arrival, which must be paid directly by the traveler, and which are not included in trip or tour prices.  You are wholly responsible for the payment of any such fees, as applied to all travelers entering or exiting such country, airport, or port.

5. Risks and Safety; Liability.

a. Travel Risk Generally.  Travel to certain destinations may involve greater risk than travel to others, and these risks may change over time.  We urge you to remain informed on a daily basis as to travel prohibitions, warnings, announcements, and advisories issued by your home country, as well as any newsworthy developments in your destination country or countries.  Any tour or trip offered by Company does not create any advisement of the safety or wisdom of visiting such country, and any such visit is at Participant’s sole and absolute risk.  Any refunds related to changes in country risk profiles or related to prohibitions, warnings, or developments are in Company’s sole and absolute discretion.

b. Health and Medical Issues.  Our trips and tours are generally physical endeavors and may require varying fitness demands depending on the specific itinerary of such trip or tour.  Company is not a medical authority in any form or manner.  If You have a pre-existing medical or health condition that will require special attention during the trip or tour, You must inform Us in writing in advance.  We may require a medical certificate discussing your condition and your fitness to participate in any tour, trip, or activity.  You understand and agree that You are solely responsible for determining Your emotional and medical suitability for each trip, tour, or activity, and You further agree that You have consulted with applicable health experts before deciding to make a reservation and/or before signing this Agreement.  Company’s acceptance of a medical certificate is simply for Company’s records and general awareness for potential issues, and in no way modifies your full and absolute responsibility to assess and determine your emotional and medical suitability for any trip, tour, or activity.  Should You require medical care during any trip or tour, You agree that We assume no responsibility for any medical care provided to You, and You agree to assume all costs of applicable medical care and related transportation provided to You.

c. Assumption of Risk.  You understand that travel, including any “adventure travel” components in any tour or trip itinerary, can be fundamentally risky, with known risks of injury arising from, as brief general examples rather than directly applicable concerns, mechanical issues with hot air balloons, issues with diving equipment, risks of being thrown off of a horse, or twisting your ankle on a temple walking tour.  Each activity You participate in likely has such known risks.  In addition, each activity You participate in can also have a series of unknown risks that cannot be easily identified.  By signing this Agreement and thereafter participating in any such activities, You acknowledge the known and unknown risks of injury that might arise from participation in any such activities, and You hereby assume such risk.

d. Waiver.  To the fullest extent permitted by law, You hereby waive any claims against Company related to any injury sustained by You or any Participant in relation to such Participant’s participation in the tour, the trip, or any activity component thereof.

e. Separate Covenants.  You hereby agree that paragraphs (c) and (d) above are each separate and distinct covenants and agreements of and in relation to the Participant, and if either is void, invalid or unenforceable, the parties hereto agree that the unenforceable provision may be removed from this Agreement, and the rest of the Agreement will remain valid in its entirety.

f. Indemnification by Participant.  Recognizing that Company cannot reasonably be held responsible for Participant’s acts and actions, You (and as applicable, Participant) hereby agrees to defend, indemnify, and hold harmless Company, its members, managers, subsidiaries, parents, affiliates, employees, and agents (the “Company Parties”) from and against all claims, judgments, damages, liabilities, settlements, losses, costs, and expenses, including reasonable attorneys’ fees (whether related to bodily injury, property damage, or otherwise) (all such costs being “Losses”), arising from or relating to (i) any action or inaction by Participant that results in the injury of or to any third-party person or property (including other tour, trip, and activity participants), and (ii) any injury caused to Participant by Participant’s own negligence.  Participant shall not have any obligation to indemnify the Company Parties to the extent such Losses arise from Company’s gross or willful negligence.  The agreements of Participant contained in subparagraphs (i) and (ii) above are each separate and distinct agreements; if either is unenforceable for any reason, the parties hereto agree that the unenforceable provision may be removed from this Agreement, and the rest of the Agreement will remain valid in its entirety.

f. Limitation on Liability.  You agree that, to the maximum extent permitted by law, the sole remedy for any default or other liability of Company arising under or in relation to this Agreement shall be limited to the return of any actually paid tour costs.  You further agree that, to the maximum extent permitted by law, Company shall not be liable for any special, consequential, indirect, incidental or other damages arising out of or in any way connected to this Agreement, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Company has been advised of the possibility of such damages.  You expressly waive any right you may have to recover such damages.

6. Travel Insurance.  We highly recommend that You purchase comprehensive trip cancellation and interruption insurance from a company or third-party provider of your choosing.  Comprehensive travel insurance should cover trip interruption and cancellation, baggage, medical, accident/life, evacuation, repatriation and other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to you.  We do not offer such insurance, and the purchase of this insurance is not required in order to purchase a trip from Us, however we strongly suggest You obtain such insurance.

7. Commercial Likeness Release.  During your trip we may take pictures, videos, and/or sound recordings of You participating in various aspects of the trip or tour, and we will aim to confirm it is ok to take such pictures in advance.  You hereby give the Company and its successors and assigns the right to make use of Your appearance (including your likeness, image, and voice) on its website, and in its general advertising, by all means, media, devices, processes, and technology, now known or hereafter devised, in perpetuity throughout the world, in relation to any such pictures, videos, and sound recordings.  Any such use will be on a royalty-free and irrevocable basis, and You understand that You will receive no compensation for any such use.  You acknowledge and agree that the Company shall have complete ownership and control of any such pictures, video, voice, sound recordings, including any copyrights or other rights of ownership therein, including all rights to make copies, edit, duplicate, reproduce, copyright, sell, exhibit, broadcast and/or distribute said photographs, videos, sound recordings, or other depictions at the sole discretion and direction of the Company.  You hereby waive any right to inspect or approve the finished photographs, videos, and sound recordings that may be used in conjunction therewith or to the eventual use that it or they might be applied.  You further hereby release the Company, its successors, assignees, and licensees from any and all claims and demands arising out of or in connection with such use, including, without limitation, any and all claims for invasion of privacy, infringement of my right of publicity, defamation (including libel and slander), false light, and any other personal and/or property rights.

8. Third Party Loans.  The Company may utilize third-party service providers to handle bookings for trips and tours (e.g. “wetravel.com” and other similar travel websites).  When booking through such a third-party website, such booking website may offer you the opportunity to obtain a loan, financing, or other deferred payment plan in order to help You pay for a booking (a “Payment Plan”).  You hereby acknowledge and agree that Company does not offer any form of Payment Plan, and that any Payment Plan You participate in will be between You and an unrelated third-party.  Company will not be in a position to facilitate any matters in relation to a Payment Plan, and Company’s only relation to any Payment Plan is to receive the full intended booking payment that results from it.

9. Force Majeure.  For the purposes of this Agreement, the term “Force Majeure” means any circumstances beyond the reasonable control of Company, (including, but without limitation, acts of God, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, civil disturbance, requisition, sickness, quarantine, government intervention, weather conditions, defects in machinery and vehicles, delay, wildlife, or other untoward occurrences).  Company shall not be deemed to be in breach of these terms and conditions or otherwise be liable to You because of delay in performance of non-performance of any of its obligations under this Agreement to the extent that such delay or non-performance is due to Force Majeure.  If Company (or any of its third-party service providers) is affected by Force Majeure, Company may alter or cancel any trip, tour, activity, or component thereof.  In such event Company may in its sole discretion refund all or a portion of the costs or charges allocated to any cancelled portion of a trip, tour, or activity, less any Actual Costs.

10.  Dispute Resolution.  Please read this Arbitration Agreement carefully.  It is part of your contract with Company and affects your rights.  It contains procedures for MANDATORY BINDING ARBITRATION.

a. Arbitration.   All claims and disputes in connection with this Agreement or any activities contemplated hereunder, including any trip or tour booked with Company, that cannot be resolved informally shall be resolved by binding arbitration on an individual basis under the terms of this arbitration provision of this Agreement.  Except where prohibited, You and We agree to submit to the personal and exclusive arbitration of disputes relating to your trip or tour under the rules of the American Arbitration Association.  Please visit www.adr.org for more information about arbitration.  Any arbitration between You and Us, to the extent necessary, will be conducted in Montgomery County, Maryland, and You waive any right to claim that such location is an inconvenient forum; provided, however, that You may agree to an electronic or video-based arbitration to the extent available.  You agree not to sue Us or bring arbitration in any other forum.  A single independent and impartial arbitrator will be appointed pursuant to the rules of the American Arbitration Association, and You agree that any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  You also acknowledge and understand that You must file any claim within one (1) year after such claim arose or it is forever barred.  This agreement to arbitrate will not preclude You or Company from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award from a court of competent jurisdiction.  Furthermore, this agreement to arbitrate will not preclude You or Company from applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary.  If this arbitration provision is found to be null and void, then all disputes arising under this Agreement will be subject to the jurisdiction of the state and federal courts located in Montgomery County, Maryland, and You and We hereby submit to the personal jurisdiction and venue of these courts.

b. Waiver of Jury Trial.  You and Company hereby waive any and all rights to a trial by jury in any legal proceeding arising out of or related to this Agreement or the transactions contemplated hereby.

c. Costs.  In the event of any arbitration arising from or related to this Agreement or the transactions contemplated hereunder, all parties to such arbitration shall share the costs of arbitration equally.

11. Governing Law.  This Agreement and the rights and obligations of all parties hereunder shall be interpreted, construed, and enforced in accordance with the laws of the State of Maryland in the United States of America, without regard to any choice of law or conflict of law principles.

12. Severability.  If any provision of this agreement shall be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the agreement unenforceable or invalid as a whole.  Except as otherwise provided herein, such unenforceable provision will be replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the original provision; if the court interpreting such provision may not reasonably replace such provision, the offending provision may be stricken from the Agreement, with the remainder of the Agreement remaining in full force and effect.

13. Severability.  If any provision of this Agreement of the application thereof to any person or circumstances shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby, and the intent of this Agreement shall be enforced to the greatest extent permitted by law.

14. Amendments.  No amendment of modification of this Agreement shall be effective unless approved in writing.

15. Notice.  All notices, demands, or requests provided for or permitted to be given pursuant to this Agreement must be in writing.

16. Waiver.  If We or You delay or fail to enforce any term of this Agreement on any occasion, such delay or failure will not affect or limit our or your ability to enforce that term on any other occasion or at any time.

17. Caption.  Captions are included solely for convenience of reference and if there is any conflict between captions and the text of this Agreement, the text shall control.

18. Binding Agreement.  This Agreement is the binding obligation of each party hereto, and shall inure to the benefit of and be binding upon the undersigned parties and their respective legal representatives, successors, and assigns.

19. Entire Agreement.  This Agreement contains the entire agreement among the parties relative to the subject matters hereof.

20. Counterparts.  This Agreement may be signed in counterparts or via electronic signature or other electronic delivery with the same effect as if the signature (electronic or otherwise) on each such counterpart were on the same instrument, and each such signature shall be deemed to be originals.  Electronic signatures will be deemed valid having the same legal as if it were physically executed.  Use of an electronic signature will be consistent with the Electronic Signatures in Global and National Commerce Act (“E-Sign Act”), Title 15, United States Code, Sections 7001 et seq., the Uniform Electronic Transaction Act (“UETA”) and any applicable state law.