These Terms and Conditions (the “Terms”) apply to any travel products and/or services you have booked on this website. Please read these Terms carefully as by booking any Product or by traveling on a trip, you acknowledge that you: i) have read and understand these Terms, and ii) indicate your express acceptance of and agree to be bound by these Terms. If you have confirmed a booking on any Products with more than one client named and booked on such booking, you shall be deemed to have accepted these Terms on behalf of all clients named in the booking (including minors and those under a disability) and traveling on or otherwise participating in any Products (hereinafter “you”, the “Client(s)”), and by such travel or participation all passengers indicate their assent to these Terms. The client who confirmed the booking is deemed to be the designated contact person for all other clients named in such booking. These Terms constitute the entire agreement between the Client and us with respect to the subject matter thereof and supersedes all prior agreements, representations and understandings of the parties, written or oral.
1. THE BOOKING CONTRACT
A booking is confirmed and these Terms shall apply when we have received the applicable deposit from the Client and the Client has received the email confirmation of such booking. The Client confirming the booking must be no less than 18 years of age and agrees to provide full, complete and accurate information as requested to confirm such booking.
Any Client confirming a booking on any Products with more than one Client named and booked on such booking represents and warrants that: i) they have all requisite consents and authority to make such booking on behalf of all other Clients named on the booking, and have communicated all necessary information to the other Clients in order for them to give free and fully informed authorization to do so; ii) the information that they are providing regarding all clients is complete and accurate, and they have obtained all necessary consents and permissions to share such information for the purposes of completing the booking; and iii) they will inform all other named Clients on the relevant booking of the applicability of these Terms.
2. PAYMENT TERMS
All payments are non-refundable.
Unless otherwise noted or the Client has chosen to pay the entire balance, payments will be automatically billed every 30 days based on the payment plan chosen.
Late Payment: Failure to make a payment within five days of the payment date will result in a late fee of $25 per month. If a payment is more than 60 days late, it will be considered a breach of contract and will result in the cancellation of your experience. We maintain the right to assign your spot to the next eligible client on the waitlist.
Credit Card Charges: We are not responsible for any charges levied or charged by third parties and/or financial institutions and payable by the Client as a result of credit card or other payment transactions in connection with the purchase of Products and will not refund or return any fees charged by such third parties in connection with payments made by Clients to us.
3. CANCELLATION BY THE CLIENT
Any cancellation of a booking and/or a Product by a Client must be delivered to us in writing and be acknowledged by us in writing. Products are non-refundable and non-transferable, and it is strongly recommended that Clients purchase travel insurance.
Clients purchasing Products are highly recommended to purchase comprehensive cancel for any reason insurance, to the extent such insurance is available under the laws governing each Client’s country of origin.
We are not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the cancelled booking such as visas, vaccinations, non-refundable flights or rail, loss of earnings, etc.
4. CHANGES
The itinerary is a general guide to the tour and region, and any mention of specific destinations is not a guarantee that they will be visited or encountered, nor does it form part of the contract between the client and us. Although the itinerary has been curated with care and details are provided in good faith, we may make improvements that stem from weather changes, local factors, past travelers’ comments, and research, to name a few examples. As a client, you also expressly acknowledge and assume responsibility for inherent risks associated with physical activities you participate in.
5. AIRFARE
Product tour prices do not include international airfare or any other flights unless expressly mentioned in the inclusions.
We are not responsible for any additional expenses or loss that may arise from airline, airport, or weather delays.
6. ACCEPTANCE OF RISK
The Client acknowledges that the nature of Product tours may involve a significant amount of risk to Client’s health and/or safety. The Client hereby assumes all such risk and does hereby releases The Trip Wish List and its affiliates, partners, subsidiaries, employees, and representatives from all claims, lawsuits, liabilities, demands, causes of action, loss, damage or injury, or any kind whatsoever (including without limitation all claims for monetary loss, property damage, equitable relief, personal injury, and/or wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local government body or agency, arising out of, in any way whatsoever, any acts, omissions, negligence, or willful misconduct on your part or the part of a third party as well as from any damages or injuries or death resulting from these risks inherent in travel, visiting foreign destinations, and participating in adventurous activities such as those included in Product itineraries.
This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and any reimbursements to The Trip Wish List for all legal fees, expenses, and costs incurred by it.
7. TRAVEL DOCUMENTS
Valid Passport: The Client is entirely responsible for securing and must be in possession at all times while on a Product tour of a valid passport required for entry, departure and travel to each country or region visited or traveled through throughout the itinerary of the applicable Product tour, and for re-entry to the Client’s country of residence or departure (passport must be valid at least six months past the last date of travel), as well as all visas, permits and certificates including vaccination certificates and insurance policies, required for entry into all regions and participation in all parts of the Product tour itinerary.
The Client accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the Product tour, and is solely responsible for any adverse consequences resulting from missing or defective documentation. Client agrees that they are responsible for the full amount of any loss or expense suffered or paid by us or any of our third party suppliers which are a direct result of the Client’s failure to secure proper travel documentation.
8. FORCE MAJEURE
We shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for our 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, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and wheresoever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of us, in the event of our bankruptcy, insolvency, or cessation of business; or an event which we or the supplier of services, even with all due care, could not foresee.
9. CLIENT RESPONSIBILITY
The Client acknowledges that depending on the nature of the Product booked, or the location(s) in which such Product is to operate, there may be a significant degree of personal risk involved in travel on the Product. There are dangers inherent to adventure travel generally and Client acknowledges they have considered such risk to health and safety and are willing to assume it, by confirming their booking of such Product. The Client acknowledges she or he has considered the potential risks, dangers and challenges in light of their own personal capabilities and needs, and expressly assumes the risks attendant to travel under such conditions.
The Client acknowledges and agrees that we are not responsible for providing information or guidance to the Client with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where Products are operated.
10. COVID-19 DISCLAIMER AND RELEASE AGREEMENT
By making a booking on this site, you agree that it is your personal decision to travel, and you are doing so with full knowledge of current travel recommendations and travel restrictions with regards to the risks of COVID-19. We assume no responsibility for and shall not be liable for unsafe conditions or health hazards including pandemics or other illnesses. We have no special knowledge of dangers during travel or at destinations. For information related to such dangers, we recommend going to the State Department travel website at www.travel.state.gov, click on “Find International travel Information”, click on “Country Information”, and input the name of the destination country. For medical and health information, we recommend going to the Centers for Disease Control website at www.cdc.gov/travel, where you can click on “Destinations” and scroll to the name of the destination country.
YOU HEREBY EXPRESSLY ASSUME ALL OF THE RISKS AND DANGERS COVERED IN THE PARAGRAPHS ABOVE, AND YOU HEREBY EXPRESSLY AGREE TO FOREVER RELEASE, DISCHARGE AND HOLD US, AND OUR AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, ASSOCIATES, AFFILIATED COMPANIES, GUIDES, GROUP LEADERS, AND SUBCONTRACTORS HARMLESS AGAINST ANY AND ALL LIABILITY, ACTIONS, CAUSES OF ACTIONS, SUITS, CLAIMS, AND DEMANDS OF ANY AND EVERY KIND AND NATURE WHATSOEVER WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ARISE OUT OF OR IN CONNECTION WITH THESE RISKS AND DANGERS.
11. IMAGES AND MARKETING
The Client agrees that while participating in any Product images, photos or videos may be taken by other Clients and/or our representatives that may contain or feature the Client in part or in whole. The Client acknowledges that they consent to any such pictures being taken and agree that Client hereby grants a perpetual, royalty-free, worldwide, irrevocable license to us and our affiliates and assigns, to reproduce for any purpose whatsoever (including marketing and promotions), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to the Client or compensation payable to such Client.
By booking on this site, you acknowledge that you agree to these terms.
For any questions, please send an email to contact@tripwishlist.com.