TERMS AND CONDITIONS FOR OFF SEASON ADVENTURES, LLC
When booking tours with Off Season Adventures, LLC (herein referred to as “the Company”), the client will provide appropriate information to help the Company provide a safe environment for all travelers and to meet the client’s needs. This shall include completion of all enrollment documentation including the Participant Information and Emergency Contact Form, Traveler’s Insurance Form, and Assumption of Risk Form. Additional information includes dates of arrival and departure, number of people traveling, and any other appropriate information requested by the Company.
When requesting customized tours with the Company, the client will provide appropriate information to help understand the client’s needs and interests. This shall include the dates of desired travel, number of people traveling, contact information, and any other appropriate information to allow for a proper quote.
Payments
A non-refundable deposit of 10% of the total package per person will be required to complete the client’s booking request. Payment of the deposit to the Company constitutes acceptance of these terms and conditions. All bookings with the Company are subject to the limitations of liability imposed by the underlying operators involved in a trip.
Payment schedules are available and will be mutually agreed upon by the Company and the client in writing after the deposit is made for the package.
The client will pay at least 50% of the total package 90 days before travel to retain the reservations.
The client will pay the balance of the total package 60 days prior to the date of arrival.
In case of last minute bookings, or if the booking is made and confirmed within 60 days of the arrival date, the client will be required to pay the full balance immediately.
Itineraries are canceled if the balance is not received by the due date; cancellation penalties apply, as noted below.
Payments can be made via Visa, Mastercard, Discover, or American Express credit cards, check, money order, or a wire transfer to the Company.
Cancellations
The client is responsible for verifying that everything on the itinerary is accurate and complete, including dates of travel, options selected, and that each name matches the relevant passport. The Company cannot accept responsibility if we are not notified of inaccuracies within 5 days of sending out the itinerary. Changes are subject to the fees and penalties noted below. In the case of billing errors, the Company reserves the right to re-invoice the client with correct pricing.
Cancellations must be sent to the Company via written notification and will take effect from the moment it is received by the Company.
In the event of a cancellation, the following charges will apply:
- Cancellations made more than 90 days prior to the arrival date will result in the forfeiture of the client’s deposit.
- Cancellations made between 61-90 days prior to the arrival date will result in the forfeiture of 50% of the cost for the package.
- Cancellations made within 60 days prior to the arrival date will not be eligible for a refund for the cost for the package.
- No refund is available for cancellations after the commencement of the tour or on any service used.
The Company is not responsible for any loss of funds or change fees required by airlines, accommodations, or other entities in relation to the cancellation or alteration of an itinerary.
Upon cancellation of the package where the client was not a fault, and has not cancelled in violation of the terms and conditions, the client will be refunded the total cost of the package.
The Company reserves the right to cancel any tour prior to departure for any reason it deems necessary relating to the impact of the trip experience or the safety and well-being of travelers. Examples would include a change in regional stability, natural disaster occurrence, a declaration from the U.S. State Department changing their outlook of traveler safety, and so forth. If the Company cancels a tour under these circumstances, the client will be given a full refund of any deposits or tour price paid. The client will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses, or damage (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation (including but not limited to visa, passport, and vaccination charges, or departure, gear purchases, airport, and airline taxes). Compensation for these items should be addressed through the clients travel insurance.
Passports, Visas, & Entry
The client will be responsible for obtaining all passport, visa, and/or any other travel documents required for entry into the country. Should the client require assistance with passport, visa, or other travel documents, the Company may assist client with recommendations upon request.
The Company cannot accept liability for any client refused entry onto any transport or into any country due to failure of the client to carry correct documentation or adhere to specific entry and exit requirements.
Travel Amendments & Transfers
If the client wishes to make amendments to their tour and travel arrangements, the client must notify the Company in writing at the time of booking or as soon as possible thereafter. Any additional costs associated with amending a tour, such as increased operational expenses, will be the responsibility of the client and must be paid prior to tour departure.
If the client wishes to transfer from one tour to another, they must notify the Company in writing. Once the Company receives notice, the transfer will take effect, subject to the following:
- Transfers may only be made to another tour with the Company, and
- Travel must take place within 12 months from original departure date.
- Amendment charges may apply.
International & Domestic Flights
The booking of any international flights are the responsibility of the client. The Company can book local flights if required in the itinerary. It is the responsibility of the client to update the Company about the flight dates, times, flight numbers, connections and any other changes. The Company may assist with recommendations and may give assistance with flight-related inquiries from the client.
Some airlines may impose additional charges if clients choose to check any baggage. Clients will be responsible for contacting the airline(s) or referring to its website for detailed information regarding the airline’s checked baggage policies. These fees are levied by the airlines, not the Company, and may be subject to change. The Company does not accept liability in the case of any passenger being denied boarding by any airline carrier due to the carrier’s overbooking of a flight or any policies, procedures, rules or regulation of the carrier.
Traveler’s Insurance
It is a condition of booking any tour, itinerary, or package with the Company that the client is adequately insured for the full duration of the tour with respect to illness, injury, death, loss of baggage and personal items, cancellation, and/or all other matters of such kind. Recommended coverages are included within the Traveler’s Insurance form from the Company.
Traveler’s insurance is a typical form of special insurance procured by travelers during international travel. The choice of the insurer is in the sole discretion of the client, however the Company may assist with recommendations upon client’s request.
Weather
Some tours may require modification due to weather in order to safeguard against hazardous conditions. We recommend traveler’s insurance to help protect against any unforeseen circumstances.
Travelers Needing Special Assistance
The client must report any disability requiring special attention and /or assistance to the Company at the time the reservation is made. The Company will make reasonable efforts to accommodate the special needs of tour participants. Such participants, however, should be aware that the Americans with Disabilities Act is inapplicable outside of the United States and facilities outside the United States for disabled individuals are typically limited.
It is strongly recommended that persons requiring assistance be accompanied by a companion who is capable of and totally responsible for providing the assistance. Neither the Company nor its personnel, nor its subcontractors, may physically lift or assist clients into transportation vehicles. If a traveler thinks they might need assistance during a trip, they should call the Company to determine what assistance might reasonably be given. The Company cannot provide special individual assistance to tour members with special needs for walking, dining, or other routine activities.
Young Travelers
Travelers who are under 18 years old on the departure date must be accompanied by an adult throughout the vacation, and are requested to share an adult’s accommodation. The client will be responsible for contacting the airline for any special requirements regarding airline tickets for children.
Due to heightened security, many countries have adopted practices to prevent international abductions of children. If a child will be traveling with adults other than the parents or with only one parent, it is recommended that a notarized letter be written by the parents or non-traveling parent granting authorization to travel, including the dates of travel. We suggest that travelers also contact the appropriate consulate and airlines because they may have additional requirements or recommendations.
Flexibility
The client appreciates and acknowledges that the nature of this type of travel requires considerable flexibility and should allow for alternatives. The itinerary as given for each tour must therefore be taken as an indication of what each client may accomplish and not as a contractual obligation on the part of the Company.
It is understood that the route, itineraries, amenities, and mode of transport may be subject to alteration without prior notice due to circumstances or events which may include sickness, mechanical breakdown, flight strikes, cancellations, political disputes, religious disputes, entry or border difficulties, weather, and/or any other unpredictable circumstances.
Claims and Complaints
If a client has a complaint about anything during their stay, the client must first inform their tour leader or guide while abroad so the tour leader or guide can attempt to rectify the matter locally.
Any further complaints must be put in writing and addressed to the Company within seven days after the end of the tour. Any and all supporting documentation to the claim or complaint must accompany the written letter or email. Any claim or complaint received by the Company after this deadline will not be accepted or reviewed.
Refunds are not issued for any included activity or trip location that is missed due to circumstances out of the Company’s control.
Limitation Of Liability
- The Company does not own or operate any of the companies or entities that will be supplying the air travel, road travel, hotel accommodations, and other similar services that the Company will be arranging for the client under this Agreement. Therefore, the Company shall not be responsible for any intentional, careless, or negligent actions or omissions, errors, default or insolvency on the part of such suppliers, which result in any loss, damages, delay, or injury to the client. The Company does not give any representation or warranty with respect to any part of such supplier’s services. In the event of any default with respect to the services of such suppliers, the client’s sole recourse shall be with such supplier, subject to such supplier’s terms and conditions.
- The Company shall not be responsible for any injuries, losses or damages in connection with terrorist activities, mechanical, or structural integrity of air and ground transportation, diseases, bankruptcy, or cessation of a supplier or transportation or travel services, climatic conditions, changes, or cancellation of travel due to weather conditions, hotel services, accidents, or health related problems before, during, or after travel or any other actions, omissions, or conditions outside of the Company’s control.
- IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT TO THE OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOSS OF BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, OR LOSS OF DATA, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN.
Disclaimers
The Company and its agents act only as agents of the client in all matters relating to tours, transportation, and accommodations.
The client or any other person named in the booking form shall indemnify and hold harmless the Company or its agents from all suits, actions, losses, damages, claims or liability for any personal injury, death, property damage or other loss, accident, delay, inconvenience or irregularity which is occasioned by any negligent acts or omissions of the Company arising out of any goods or services provided for this or these trips.
The Company will not be held responsible for any delays, cancellations, or non-acceptance of reservations. While we do our best to ensure that each program mentioned is properly arranged, we have no direct control over services provided by subcontractors. The laws of the country in which the tour takes place governs the Company’s liability to passengers carried in its own vehicles.
While the Company provides all the services to the best of its ability, for the comfort and safety of the client, it will be noted that all tours and excursions are taken at the risk of the clients, and that clients knowingly and voluntarily acknowledge and assume all such risks. The Company will always do its best to minimize or eliminate the effect of matters outside its control, but cannot accept any liability for these matters which include political/religious disputes, visa refusal, delayed flights, unforeseen climate, and/or other circumstances.
Miscellaneous
Maps shown on tour pages are current at the time of printing and may not reflect actual tour routing should the tour change. Photos shown on tour pages are reflective of the area(s) visited, but may not be included in the actual tour itinerary.
Wi-Fi connectivity is not guaranteed, and is often disrupted, unavailable, and slower internationally than the client may be accustomed to.
Although every effort is made to handle the client’s luggage as carefully as possible, the Company is not responsible for and does not assume liability or accept claims for loss of or damage to luggage due to breakage, theft, or wear and tear through hotel and group carrier handling. It is recommended for the client’s self-interest and protection that they have adequate insurance to cover these eventualities. Baggage and personal effects are the sole responsibility of the owner at all times.
The Company reserves the right to decline to accept any person as a member of the tour, or to require any participant to withdraw from the tour at any time, when such action is determined by the tour leader or guide to be in the best interests of the health, safety, and general welfare of the tour group or of the individual participant.
Participants may be photographed for the promotional purposes of the Company.
Payment of the deposit to the Company constitutes acceptance of these terms and conditions.
I agree that New Jersey substantive law (without regard to its “conflict of laws” rules) exclusively governs this Document, any dispute I have with Off Season Adventures, LLC, and all other aspects of my relationship with Off Season Adventures, LLC, contractual or otherwise.
Dispute Resolution
I agree that any dispute concerning, relating, or referring to this agreement, the tour itself or any claim for damages due to injury or death which occurs during or in connection with the tour, shall be resolved exclusively by binding mediation. The binding mediation shall take place in Hudson, New Jersey and parties agree to resolution by binding mediation which shall apply to all disputes. The mediator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability or formation of this contract, including but not limited to any claim that all or any of this contract is void or voidable. This Document is intended to be interpreted and enforced to the fullest extent allowed by law. If the mediator finds any portion of this Document to be invalid, all other portions of this Document will remain in full force and effect and binding upon the parties. Moreover, before filing a lawsuit, I agree to first attempt to settle any dispute (not settled by discussion) through mediation in Hudson, New Jersey.
