Traveler’s Terms

THESE TERMS, ALONG WITH THE BOOKING (HEREINAFTER COLLECTIVELY REFERRED TO AS THIS “AGREEMENT”) FORM A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE COMPANY. BY BOOKING A TRIP, YOU AGREE TO BE BOUND BY ALL OF THE PROVISIONS OF THIS AGREEMENT. THE COMPANY RESERVES THE RIGHT, AT OUR DISCRETION AND AT ANY TIME, TO MAKE CHANGES TO ANY OF THE PROVISIONS OF THIS AGREEMENT. YOU WILL BE BOUND BY ALL UPDATES TO THIS AGREEMENT. 

1.1 Scope. All services to be provided related to the Trip are the sole and exclusive responsibility of the Operator of the Trip (the “Operator”) identified in the Booking, and are subject to the terms and conditions of any agreements between you and the Operator. The Operator is solely responsible to you for honoring any confirmed Bookings and making available any Trips reserved through the Services. You further acknowledge and agree as follows with regard to all Bookings involving all such Operators: (a) The Company is not a party to your agreement with any Operator but only acts as a neutral third party that facilitate you being introduced to that Operator; and (b) The Company does not have, and does not accept, any responsibility arising from or related to any of your agreements with the Operator or any other third party unless explicitly required by applicable law.

1.2 Down Payment. A Traveler is required to pay $700 down payment (“Down Payment”) per person per Booking to be confirmed. Your Down Payment is refundable until your Booking is confirmed in writing. Except as provided below, your Down Payment is non-refundable after your Booking is confirmed. If your Booking is made within 120 days of the departure date identified in the Booking (the “Departure Date”), then the full amount is payable at the time of Booking and is non-refundable.

1.3 Booking Confirmation. If the Company accepts your Booking, we will issue a confirmation email. Payment of the balance of the Booking price is due 120 days before the Departure Date. If this balance is not paid on or before the due date, we reserve the right to cancel your Booking, subject to the cancellation and refund policy provided below. 

1.4 Prices Changes. Prices are subject to variable and seasonal pricing; this means prices may vary. Prices are in USD. We reserve the right to impose surcharges up to 60 days before the Departure Date due to unfavorable changes in exchange rates, increases in airfares or other transportation costs and/or increases in local operator costs. If any surcharge results in an increase of more than 10% of the Booking price, you may cancel the booking within 14 days of notification of the surcharge and obtain a full refund. A surcharge may be applied to all purchases made by credit card.

1.5 Booking Information. In order for us to confirm your travel arrangements for the Booking of your Trip, you must provide all requested details 45 days prior to Departure Date. Necessary details vary by Booking, and may include without limitation, full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. Failure to provide requested details 45 days prior to Departure Date, may result in additional charges or non-refundable cancellation of your Booking.

1.6 Traveler Cancellation. If you cancel any Booking that is confirmed, all the fees are non-refundable. If you fail to join a Trip, join it after departure, or leave it prior to its completion, no refund will be made. This is in addition to fees which may be levied by accommodation providers, travel agents or third party tour and transport operator fees. 

1.7 Company Cancellation. We may cancel a Booking for any reason up to 45 days before the Departure Date. Except as provided below, if we cancel your Booking, you can transfer the fees to an alternate Departure Date or receive a full refund. In case of any cancellation for any reason, we are not responsible for any incidental expenses that you may have incurred as a result of your Booking, including but not limited to, visas, vaccinations, unfavorable exchange rate fluctuations, travel insurance excess or non-refundable flights.

Notwithstanding the above, the Company shall not be liable or responsible to you, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts beyond the Company’s reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, pandemics, epidemics, drought, bushfire, storm or other natural disaster, explosion, or public health and safety emergency characterized by an applicable government authority; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; (i) other events beyond the reasonable control of the Company. In case of a Force Majeure Event that last for more than 30 days, the Company shall reschedule your Booking for a future date, within 14 months of the previously planned departure, and provide you written notice of the same. 

1.8 Price Exclusions. The price of your booking does not include the following:

• International or internal flights unless specified

• Taxes and excess baggage charges unless specified

• Non-listed accommodation costs

• Non-listed transportation costs 

• Meals and Beverages other than those specified

• Visa and passport fees

• Travel insurance

• Optional activities and all personal expenses

• Tour guide tips

Optional activities not included in the Booking price do not form part of the Booking or this Agreement. You accept that any assistance given by your local representative in arranging optional activities does not render us liable for them in any way. The contract for the provision of that activity will be between you and activity provider or Operator.

1.9 Age Requirements. You must be at least 18 years of age to book the Trip. It is your sole responsibility to ensure that you are suitably fit to allow full participation in the Trip and to obtain proper and detailed medical advice for the latest health requirements and recommendations for your destination. 

1.10 Passport, Visas and Covid-19. You must carry a valid passport and obtain all of the appropriate visas, permits and certificates for the countries which you will visit during your Trip. Your passport must be valid for at least 6 months beyond the duration of the booking. It is your sole responsibility to ensure that you are in possession of the correct visas, permits and certificates for your Trip. We are not responsible if you are refused entry to a country because you lack the correct passport, visa or other travel and/or vaccine (COVID-19 and others) documentation. If required, on the Departure Date, all Travelers must certify that they have been fully vaccinated as defined by the relevant national authority by Departure Date. The Company is not responsible for providing or verifying this information. Traveler agrees and acknowledges that the Company disclaims all liability related to such vaccine requirements and the implementation and enforcement of such requirements.

1.11 Travel Insurance. Travel insurance is mandatory for all our travelers and should be taken out at the time of Booking. Your travel insurance should provide cover against personal accident, death, medical expenses and emergency repatriation with a minimum coverage of $500,000 USD. We also strongly recommend the travel insurance policy include coverage for cancellation, curtailment, personal liability and loss of luggage and personal effects. A policy number in the Traveler’s name must be provided to the Company at minimum of 72 hours prior to departure.

1.12 Itinerary Change. The itinerary provided for each Booking is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport are subject to alteration without prior notice, and the Company is not liable for any such changes. We and the Operators reserve the right to change the Trip itinerary before and/or after Departure. The additional cost of any necessary itinerary alterations will be your sole responsibility. Please note we are not responsible for any incidental expenses that may be incurred, including without limitation, expenses incurred as a result of the change of itinerary such as visas, vaccinations or non-refundable flights.

1.13 Risk. You acknowledge that the nature of the Trip is adventurous and participation involves a degree of personal risk. You will be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives. It is your sole responsibility to acquaint yourself with all relevant travel information and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel.

1.14 Complaints. If you have a complaint about your Trip, please inform your Trip Leader or the Operator at the time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means then any further complaint should be put in writing to the Company within 30 days of the end of the trip.

1.15 Marketing and Data Collection. You consent to us using images of you taken during the trip for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable license to use such images for publicity and promotional purposes. Any personal information that we collect about you may be used for any purpose associated with the operation of a Booking. The information may be disclosed to our service providers to enable us to provide the Trip. 

1.16 Behavior: You must at all times comply with the applicable laws, customs, foreign exchange and drug regulations of all countries visited. Company and our local Operators reserve the discretionary right to remove any Traveler, or deny any paid service to a Traveler, due to concerns over the health and safety of the individual or the group as a whole.  The Company reserves the right to remove a Traveler at any time before or while on trip due to any Traveler actions, inactions, communications, or any other behavior that the Company deems to be a security concern, or that may impact the dynamic and safety of the Trip, as determined by the Company in its sole discretion. In the event of such removal, the Traveler may not be entitled to any refund or compensation. The Company may also elect to not provide the Traveler Services in the future. Any additional fees or costs incurred due to an early departure from the Trip, whether voluntary or at the request of Company are the sole responsibility of the Traveler. This includes official removal from the Trip due to behavior, violation of community guidelines and/or health and safety concerns.

2. Disclaimers & Liability. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR OTHER COVENANTS TO THE TRAVELER REGARDING ANY TRIP, ANY TRIP SERVICES, AND ANY BOOKINGS, TRIP SERVICES IS PROVIDED TO A TRAVELER ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND.

THE COMPANY HEREBY EXPLICITLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY PRODUCTS OR SERVICES OF ANY OPERATORS OR ANY OTHER THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY OF THE FOLLOWING WITH REGARD TO THE FOREGOING: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

EACH TRAVELER HEREBY ACKNOWLEDGES AND AGREES THAT: (A) THE SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY OF THE COMPANY RELATED TO OR ARISING OUT OF THE TRAVELER’S BOOKING AND THE TRIP SERVICES SHALL BE LIMITED TO THE COMPANY’S PROCESSING OF THE TRIP PAYMENTS TO THE APPROPRIATE THIRD PARTY PURSUANT TO THE TERMS AND CONDITIONS OF THE PARTICULAR BOOKING; AND (B) ALL OTHER SERVICES RELATED TO OR ARISING OUT OF THE TRAVELER’S BOOKING OR TRIP, AND ALL OBLIGATIONS RELATED THERETO, ARE SOLELY AND EXCLUSIVELY THE RESPONSIBILITY AND LIABILITY OF THE OPERATOR OR OTHER THIRD PARTIES PROVIDING SUCH SERVICE AND ARE NOT THE RESPONSIBILITY OR LIABILITY OF THE COMPANY.

IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INJURY, PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING WITHOUT LIMITATION ARISING OR RELATED TO A TRAVELER’S BOOKING OR TRIP), WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO THE COMPANY FOR THE TRIP SERVICES SOLD HEREUNDER.

FOR CLARITY, AND WITHOUT LIMITING THE FOREGOING IN ANY WAY, THE TRAVELER HEREBY ACKNOWLEDGES AND AGREES THAT THE SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY OF THE COMPANY RELATED TO OR ARISING OUT OF THE BOOKING AND THE TRIP SERVICES SHALL BE LIMITED TO THE COMPANY’S PROCESSING OF THE TRIP PAYMENTS TO THE APPROPRIATE THIRD PARTY PURSUANT TO THE TERMS AND CONDITIONS OF THE PARTICULAR BOOKING.

3. Indemnification. You hereby agree to defend, indemnify and hold harmless the Company, its affiliates, and their officers, directors, employees, agents, licensors, content providers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of this Agreement, including without limitation from any of your actions during a Trip.

4. Governing Law and Jurisdiction. Each user hereby acknowledges and agrees that the Agreement is governed by the laws of the United States of America and the laws of the State of Louisiana. You hereby expressly agree that exclusive jurisdiction for any claim or dispute with us related to or arising out of this Agreement shall be the federal and/or state courts in the State of Louisiana, USA. You and the Company agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action.

5.  Miscellaneous. This Agreement constitute the entire agreement between Company and each Traveler and supersedes and replaces any prior agreements. The Company’s failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights. If any provision of this Agreement is held to be invalid or unenforceable by a court, the remaining provisions of this Agreement will remain in effect. If you have questions or comments about this Agreement please email us at: hello@lizkamarul.com