11262024
Travel Beyond, Inc. Terms and Conditions, Release of Liability, Assumption of Risk [and Binding Arbitration] Agreement
These terms and conditions apply to the Tour, the itinerary for the Tour and payment for the Tour.
1. TRAVEL DOCUMENTS
You agree to review your itinerary and other travel documents for accuracy and to inform us promptly of any issues. The names on your airline tickets and visa documents must match your government-issued ID.
2. TRAVEL AND EVACUATION INSURANCE
A travel insurance policy with $500,000 in medical evacuation coverage (at a minimum) is required as a condition of booking. For your protection, we strongly recommend that you purchase trip cancellation insurance. In the event that you must cancel your participation in a Tour, trip cancellation insurance may be the only source of reimbursement. Trip cancellation insurance is available from multiple sources for comprehensive coverage of such expenses in conjunction with cancellation due to illness or accident, and damaged or lost luggage. We will send you an application upon receipt of your reservation.
3. CANCELLATIONS
Cancellations for all or any part of the Tour will not be effective until received in writing in the offices of Travel Beyond, Inc. Your cancellation date will be the date we receive your notice. Payment and cancelation terms will be provided to payer(s) before confirming your trip. Deposit and final payments are non-refundable.
GORILLA TREKKING PERMITS
If your trip includes Gorilla Trekking, the required trekking permits are subject to availability and must be paid in full and purchased in advance at the time of booking. Once purchased, gorilla tracking permits are non-refundable, even if your trip is cancelled.
4. NOT INCLUDED
Taxes; passport, visas and associated fees; personal expenses such as laundry, telephone calls and Internet access; accident/sickness, trip cancellation, and baggage insurance; gratuities to ship and hotel personnel; optional sightseeing excursions; seat selection fees; baggage charges and other ancillary fees on aircraft; local departure air/airport tax(es); airfare and associated local taxes, airport facility and security taxes and federal inspection fees not listed as included in the travel Tour; transfers and baggage handling to/from airport/hotel/ship on day(s) of arrival and/or departure; any overnight on land due to flight schedule(s); meals, alcoholic or other beverages and all other services not specifically mentioned as included in the travel Tour.
5. AIRFARE
Airfare costs and availability are subject to change at any time prior to payment and are nonrefundable unless otherwise stated. Your airline ticket constitutes a contract between you and the airline, even if purchased through Travel Beyond, Inc. Even after you have paid, Tours with scheduled air transportation are subject to supplemental price increases that may be imposed by the supplier and/or government. By agreeing to these terms and conditions, you consent to any such price increase. Travel Beyond will not change your requested seat assignments on commercial aircrafts without permission. However, airlines often change seat assignments to satisfy their loyalty members or because of equipment changes (aircraft type). Travel Beyond is not notified of these changes in advance, and often clients are not made aware of these changes until they arrive at the airport. Travel Beyond cannot be held responsible for seat assignment changes made by the airline. Frequent flyer programs are private agreements between airlines and passengers. Travel Beyond cannot be held responsible for mileage discrepancies involving airline / loyalty reward programs.
6. PRICE INCREASES
Prices may be increased because destination countries occasionally increase their VAT or other taxes. In addition, some suppliers impose energy surcharges or other price increases, including commercial airlines, small “light” planes, private charter planes, cruise ships and helicopters. Prices are also subject to increase due to currency fluctuations. Any such increases will be applied to your total due at the time of final payment. However, post final payment surcharges can be made only because of increased governmental taxes.
7. TRAVEL TO THE GALAPAGOS ISLANDS
If your trip includes travel to the Galapagos Islands, internal flights (including fuel surcharges), National Park tax and transit control card costs are subject to change up to and including the date of arrival in accordance with local regulations. Any additional costs incurred will be the responsibility of the passenger(s).
8. BAGGAGE
Luggage allowance policies are set by the airlines and may change without notice. Baggage is at owner’s risk throughout the trip. Airlines (commercial airlines, small “light” planes, private charter planes, and helicopters) ships and other modes of transportation may all have weight and size restrictions on luggage. It is your responsibility to comply with all baggage restrictions.
9. CREDIT CARD MERCHANT
Our role is to facilitate the sale, collect funds on your behalf, and remit those funds to the Suppliers. If the Suppliers do not provide the services, your only recourse would be against the Suppliers, and you agree not to initiate a chargeback against us.
10. PASSPORTS, VISAS, AND OTHER ENTRY REQUIREMENTS
International travel requires a passport generally valid for 6 months or more beyond your intended return travel date. In many cases, you will also need to have multiple consecutive blank visa pages within your passport (the number varies depending on the destination(s)). Many destinations also require that visas be obtained prior to travel. Please speak with us if you are unsure about the visa requirements for your travel destination. Some nations also require proof of vaccinations for all travelers.
If one parent or guardian plans to bring a minor child without the other parent or parents, some countries and airlines have strict documentation and permission requirements. Birth certificates may be required for children under 18. You are solely responsible for complying with passport, visa, and other foreign entry requirements and vaccinations.
11. RESPONSIBILITY AND ASSUMPTION OF RISK
Travel Beyond, Inc., its employees, shareholders, subsidiaries, affiliates, officers, directors, successors, and assigns (collectively “Travel Beyond, Inc.”), does not own or operate any entity which is to or does provide goods or services for your Tour including, for example, lodging facilities, airline, vessel, or other transportation companies, safari or guide services, local ground or safari operators, providers or organizers of optional excursions, food service or entertainment providers, etc. All such persons and entities are independent contractors. As a result, Travel Beyond, Inc. is not liable for any negligent or willful act, failure to act, financial failure, failure to honor future trip credits, or other defaults of any such person, entity, supplier or any other third party.
Many of the activities which you may undertake involve risk of injury or death. These include but are not limited to wildlife and nature experiences including safari game drives and walks, primate trekking, visits to animal shelters/sanctuaries for wildlife interactions and animal riding; water-based activities, including scuba diving, snorkeling, canoeing, mokoro, fishing or boat tours, rafting, zodiacs, Devil’s Pool, submersibles, jet skiing, paddle boarding, surfing, and swimming; land-based activities including hiking, bicycling, trekking, ATVs, canyoning/canyoneering, camping/sleepouts, glacier walks, technical climbing, and ice climbing or hiking; air activities including helicopter tours, hot air ballooning, scenic flying, bungee jumping, hang gliding, ultralight flying, and paragliding; cultural activities and scenic tours including township visits, moped and vespa touring, scootours, ziplining, and funicular and cable car tours. Some of these activities may also be excluded from travel insurance coverage.
In addition and without limitation, Travel Beyond, Inc. is not responsible for any injury, financial or other loss, death, inconvenience, delay, or damage to person or property in connection with the provision of any goods or services whether resulting from, but not limited to, acts of God or force majeure, acts or orders of government, acts of war or civil unrest, insurrection or revolt, bites from or attacks by wild or domestic animals, insects or pests, supplier defaults or insolvency, dissatisfaction with the quality of the service(s) rendered, sanitation problems, food poisoning, strikes or other labor activities, criminal or terrorist activities of any kind or the threat thereof, sickness, the lack of availability of or access to medical attention or the quality thereof, difficulty in evacuation in case of a medical or other emergency, illness, epidemics or the threat thereof including, but not limited to, exposure to COVID-19 by means of transmission, or for any other cause beyond the direct control of Travel Beyond, Inc., overbooking or downgrading of accommodations, mechanical or other failure of airplanes, helicopters, vessels or other means of transportation, or for any failure of any transportation mechanism to arrive or depart timely or safely. Further, I release Travel Beyond, Inc. from its own negligence and assume all risk thereof.
We have no special or unique knowledge regarding the financial condition of the suppliers of services and no liability for recommending a trip credit in lieu of a refund. We also have no special or unique knowledge regarding unsafe conditions, health hazards, weather hazards, or climate extremes at locations to which you may travel. For useful information regarding your destination, we strongly recommend reviewing the destination-specific information at www.travel.state.gov, and the Centers for Disease Control at www.cdc.gov/travel.
If due to weather, flight schedules or other uncontrollable factors, you are required to spend an additional night(s), you will be responsible for your own hotel, transfers and meal costs. The right is reserved to decline to accept as a Tour participant, or remove from a Tour, without refund, any person Travel Beyond judges to be incapable of meeting the rigors and requirements of participating in the activities, who is abusive to other Tour participants, leaders or third parties, or who Travel Beyond determines to detract from the enjoyment of the Tour by others. Specific room assignments are within the sole discretion of the lodge or hotel.
12. CANCELLATIONS AND POSTPONEMENTS BY TRAVEL BEYOND, INC.
Travel Beyond, Inc. reserves the right to change the itinerary, the lodges, the ships, the aircrafts, or hotels utilized or any Tour features at any time and for any reason, with or without notice, and Travel Beyond shall not be liable for any loss of any kind as a result of any such changes. Travel Beyond may cancel or postpone a Tour (or an option) for any reason whatsoever. Seasonal changes (for example, from low to high season) may result in higher prices. In any event, for cancellations (or postponements) based upon acts of God or force majeure, acts or orders of government, epidemics or the threat thereof, terrorism or the threat thereof, strikes or labor disturbances, demonstrations, riots or civil unrest, criminal activity, supplier default or insolvency, or other similar circumstances, its sole obligation is to issue credits in the full amount of moneys paid to Travel Beyond, but only to the extent its suppliers are crediting Travel Beyond with those monies paid by Travel Beyond to them. Under no circumstances is Travel Beyond, Inc. obligated to refund the cost of any purchased travel insurance. Travel Beyond, Inc. is not required to cancel any Tour for any reason including without limitation, United States Department of State, Centers for Disease Control, World Health Organization or other Warnings or Advisories of any kind. Travel Beyond, Inc. is not responsible for fees assessed by air carriers resulting from operational and/or itinerary changes, even if Travel Beyond, Inc. makes the flight arrangements or cancels the Tour. Travel Beyond, Inc. reserves the right to substitute lodges, hotels, vessels or attractions for those listed in the tour description if same is required by circumstances beyond its control or for the convenience or well-being of clients.
13. OTHER TAXES AND FEES
Some governments charge departure taxes and/or fees. These fees are the responsibility of each passenger traveling to the designated country and are not included unless stated.
14. FORCE MAJEURE
Travel Beyond, Inc. assumes no responsibility for any personal injury, property damage, financial or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of any matter beyond our control including but not limited to a delay or cancellation of a flight that causes you to miss all or any portion of the Tour, acts of God, acts or orders of government, epidemics, war, terrorist acts, riots, disaster, weather events, or strikes.
15. PHOTO RELEASE
Travel Beyond will never use your name, image or likeness without your consent. Travel Beyond will not be held responsible or offer any compensation if your name, image, or likeness is used by any other company or person you encounter while you are travelling under our arrangements.
16. PHYSICAL ACCESSIBILITY
All Tours require physical independence and mobility. Any physical or mental condition that may require special medical attention or physical assistance (for example, the need for a wheelchair) must be reported in writing when you make your reservation. Participants must be able to embark or disembark vans, safari vehicles, small aircrafts, and small boats alone or with minimal assistance from your traveling companion and climb stairs and step over raised thresholds without assistance. Participants requiring assistance must travel with a companion who will be responsible for handling equipment. Please understand that the Americans with Disabilities Act does not apply outside the United States.
17. MEDICAL PROXY
If you are unable to authorize your own medical attention and treatment, you authorize your travel companion(s), Travel Beyond, Inc. or its suppliers of services such as a lodge or local ground handler to authorize medical attention and treatment on your behalf. You agree to hold harmless and release Travel Beyond, Inc. from any liability for medical attention arranged or not arranged on your behalf. Travel Beyond, Inc. assumes no liability regarding provision of medical care or evacuation services.
18. SELLER OF TRAVEL ACT REGISTRATIONS
California#: CST#: 2115760-50
CALIFORNIA SELLER OF TRAVEL ACT DISCLAIMER
California has established a Travel Consumer Restitution Fund under the California Seller of Travel law. This Fund is designed to protect consumers from unscrupulous practices by sellers of travel. This law does not cover non-California residents, and even in the case of California residents, it does not cover any foreign travel where the foreign “providers of transportation or travel services” are not in compliance with the Seller of Travel law (compliance being defined as a Seller of Travel in California and a participant in the Travel Consumer Restitution Fund). Thus, none of Travel Beyond, Inc.’s trips qualify, and clients would not be eligible to make any claim from the Fund in the unlikely event of default by Travel Beyond, Inc. or any of our foreign suppliers.
19. CHANGES
Changes in this Agreement may be made only in writing or via email by a Travel Beyond consultant or an officer of Travel Beyond, Inc.
20. BINDING ARBITRATION
Any dispute concerning, relating or referring to this Agreement, the brochure or any other literature concerning the Tour, or the Tour itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9S.C. Sections 1-16, according to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) law and will take place in Hennepin County, Minnesota. The arbitrator 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 part of this contract is void or voidable. Please understand that by agreeing to these terms and conditions, the participant and Travel Beyond, Inc. are waiving the right to a trial by jury. Any arbitration commenced against Travel Beyond, Inc. must be on behalf of only the signatory to this Agreement and his or her immediate family members who travelled with signatory, such as a spouse or child. Under no circumstances can a participant be part of a class or other joint action.
21. ADDITIONAL RELEASES
Some lodges, local safari operators, airlines and other suppliers might require you to sign their own releases as a condition of your utilizing their services. Upon request, we would be happy to request a copy of those releases from those suppliers.