BOOKING TERMS AND CONDITIONS
All Wild Terrains Experiences are fully governed by these terms and conditions (the “Agreement”). By booking an Experience with Wild Terrains, paying a deposit for an Experience, signing this Agreement, or otherwise deciding to participate in a Wild Terrains Experience, the traveler (herein “You” or “Your”) accepts this Agreement in its entirety. You must be 21 years of age or older to travel with Wild Terrains.
1. RELEASE AND ASSUMPTION OF RISK
(a) You hereby state Your intention to participate in an organized activity (herein, an “Experience”) with WILD TERRAINS, LLC (“Wild Terrains”) and acknowledge and accept that participation in an Experience with Wild Terrains may involve risks above and beyond those You normally encounter when traveling and that You are undertaking travel with inherent dangers. You further acknowledge and accept that You are traveling to geographical areas where, among other things, the standard of accommodation, transport, safety, hygiene, cleanliness, medical facilities, telecommunications and infrastructure development may not be of the standard You are used to in Your home country or city or are normally accustomed to when traveling. You further acknowledge and accept that participating in the Experience may include participation in and/or exposure to a wide array of activities, risks, hazards, and opportunities of various kinds and degrees, including but not limited to, travel by land, sea, or air, differing living conditions and foods, lodging in and exploration of unfamiliar and/or foreign locations, a variety of interpersonal and cultural interactions and close-quarter conditions, varying types of medical risks and hazards, limited or lack of availability of medical care and support, differing weather conditions and altitudes, various climates and environments, and all risks associated with or resulting from any of the foregoing. You further acknowledge and accept that Your Experience may take place in locations with rates of petty and/or violent crime higher than those in Your home country and/or home city, and that Wild Terrains cannot guarantee the safety and security of You or Your belongings.
(b) You hereby attest that You are at least 21 years of age and fully accept and assume all risks associated with Your participation in the Experience, including but not limited to all risks enumerated in paragraph (a) above, and shall hold Wild Terrains, its officers, directors, contractors, agents, employees, and any related, affiliated, associated, or otherwise connected corporations, partnerships, or other entities and all of their respective officers, directors, contractors, agents, employees, and any successors and assigns thereof (collectively, the “Releasees”) harmless from any and all liability, actions, causes of action, debts, claims, and demands of any kind or nature whatsoever which You now have or which may arise out of or in connection with Your Experience or participation in any other activities arranged for You by Wild Terrains. The terms hereof shall serve as a release and assumption of risk for Your heirs, executors and administrators and for all members of Your family. The limitations and exclusions of liability set out in this Contract apply to the maximum extent permitted by applicable law and survive termination of the Contract for any reason. The release and assumption of risk laid out in this section is meant to compliment any additional releases, waivers, limitations of liability, or assumptions of risk elsewhere in this Agreement or that You may separately sign based on Your particular Experience.
2. HEALTH AND MEDICAL
You acknowledge and accept that Your Experience may be to a destination that is remote, isolated or far removed from medical care facilities, or otherwise lacking access to medical care. Medical facilities and standards of care vary from country to country and Wild Terrains makes no representations or warranties in relation to the standards of such treatment in the country(s) You will visit during the Experience. You acknowledge and fully assume all risks and dangers of limited availability or lack of medical care associated with such travel, and further, together with all releases, waivers assumptions of risk, limitations of liability, and assumptions of risk found in this Agreement, absolve Wild Terrains of any and all liability associated with any such risks and dangers.
You further represent that You are sufficiently healthy to participate in the Experience, You have not been informed by any medical professional that You should not travel or otherwise engage in activities similar to those on Your Experience itinerary, and You do not have any physical or mental condition that would create a hazard for You or other people on Your Experience or affect other people’s enjoyment of the trip. If You have a physical condition, dietary restrictions, or other medical conditions that would require special attention during the trip, You must inform Wild Terrains in writing when the booking is made. Wild Terrains may require a medical certificate if You have a special condition. You assume all risk for ensuring the accuracy of the foregoing representations and timely and accurately informing Wild Terrains of any condition that would require special attention during the trip or change the accuracy of the representations above. Wild Terrains reserves the right to refuse or cancel any booking on the basis You have a medical condition that would make participation in the Experience a hazard for You or other people participating in the Experience or Wild Terrains learns Your representations herein are inaccurate.
Note that Wild Terrains is not a medical authority. Wild Terrains assumes no responsibility for any medical care provided to You. You are responsible for all costs of medical care and related transportation that are provided to You during the Experience. You are required to obtain travel medical insurance as required by Section 12 of this Agreement.
The acknowledgements, representations, and releases of this section are in compliment to those outlined in Section 1 above.
3. BOOKING PAYMENT
For bookings made more than 60 days prior to the advertised date of commencement of the Experience (the “Experience Start Date”), a non-refundable deposit of 50% of the total price of the Experience, less any applicable discounts, is required at the time of booking. Payment of the other 50% is due no later than 60 days prior to the Experience Start Date. Failure to do so may result in the cancellation of Your booking without refund.
For bookings made 60 days or less prior to the Experience Start Date, full payment of the total price of the Experience, less any applicable discounts, is required at the time of booking. Such payment is non-refundable.
All bookings are made with Wild Terrains, however Wild Terrains may utilize the service of agents, affiliates and/or third-party suppliers for various services provided for or associated with Your Experience.
4. REQUIRED DOCUMENTS
No later than 45 days prior to the Experience Start Date or one week from the date of booking, whichever comes second, you must provide Wild Terrains proof of insurance as required by Section 12 of this Agreement. Failure to provide these documents by the enumerated deadline may result in cancellation of your booking without refund.
5. CANCELLATION AND CHANGES
(a) Cancellation and Changes by You: Should You decide to cancel Your Experience, payments made to Wild Terrains are non-refundable. No changes will be permitted 60 days or less prior to the Experience Start Date.
However, if you request to cancel more than 60 days prior to the Experience Start Date and at the time of cancellation you have fully paid for your Experience, Wild Terrains will refund 50% of Your total payment. If you request to change your booking more than 60 days prior to the Experience Start Date, Wild Terrains will allow You to apply money paid in connection with Your Booking to a different Experience.
(b) Cancellation and Changes by Wild Terrains: If Wild Terrains cancels or changes the dates of Your Experience for any reason other than a Force Majeure Event as defined in Section 11, You will be entitled to a refund for all payments made to Wild Terrains in connection with the Experience. Wild Terrains is not obligated to provide refunds if it cancels or changes the dates of Your Experience due to a Force Majeure Event.
In case of cancellation of your Experience, Wild Terrains may at its sole discretion offer You the option to transfer Your booking to a different Experience in place of a refund.
Changes by Wild Terrains to the itinerary of Your Experience will not trigger entitlement to refund or rebooking. Wild Terrains reserves the right to alter any itinerary in progress or service at any time without penalty to Wild Terrains.
Notwithstanding any other provision of this Agreement, Wild Terrains, its affiliates, agents, and representatives reserve the right to decline or cancel Your booking at their sole discretion. Wild Terrains reserves the right to cancel Your booking without refund upon discovery of Your breach of the representations, warranties, terms or conditions of this Agreement.
Per Section 7 of this Agreement, under no circumstances will Wild Terrains be liable for costs, fees, or losses associated with Your travel to and from the Experience incurred due to cancellation or change of your itinerary. It is strongly recommended You obtain travel insurance coverage for trip cancellation, interruption, and curtailment.
6. UNUSED SERVICES
There will be no discounts or refunds for missed or unused services or portions of Experiences, including the Your voluntary or involuntary termination/departure from an Experience for any reason, including but not limited to sickness, late arrival, or premature departure.
7. LIMITS ON RESPONSIBILITY
You are solely responsible for booking, paying, and arranging for Your travel and any related accommodations to and from the set starting and ending location and dates for Your Experience. You are also solely responsible for any cancellation or change fees, costs, or losses in connection with such transportation if Wild Terrains should cancel or change the Experience. It is strongly recommended You obtain travel insurance coverage for trip cancellation, interruption, and curtailment.
Wild Terrains is not obligated to alter any Experience itinerary or suspend, change, or postpone an Experience due to Your being unable, prevented, or delayed from joining an Experience as planned.
8. CULTURAL DIFFERENCES, DRUG, AND ALCOHOL POLICY
It is acknowledged and understood that traveling to international destinations will expose You to unique situations and experiences that are different than those You are familiar with in Your home country and city. These differences typically involve cultural and social aspects such as food, drink, attire, and local laws. While Wild Terrains endeavors to provide guidance regarding these differences, such information is purely informational and it is Your responsibility to perform Your own research regarding such differences and act responsibly while traveling. Wild Terrains does not tolerate drug use of any kind during Experiences and strongly encourages responsible alcohol consumption. Failure to act responsibly in accordance with the terms of this paragraph may involve consequences up to and including immediate termination by Wild Terrains of Your Experience without a refund or other liability by Wild Terrains. This policy is in place for Your safety and those traveling with You. Wild Terrains wants You to have fun and encourage You to take advantage of the local culture, but Wild Terrains emphasizes safety as a top priority.
9. AUTHORITY DURING EXPERIENCES
You agree to abide by the authority of the trip leader or other Wild Terrains representative at all times. You must at all times strictly comply with the laws of all countries visited. Should You fail to comply with the foregoing or, in the opinion of the trip leader or other Wild Terrains representative, Your behavior cause or be likely to cause danger, distress or annoyance to others, Wild Terrains may immediately terminate Your Experience without a refund or other liability by Wild Terrains.
10. TRAVEL DOCUMENTS
It is Your responsibility to ensure prior to the start of Your Experience that You have a valid passport and any required visas, permits, certificates, and proof of vaccination(s). Any information or advice given by Wild Terrains regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory and provided as a courtesy to You. Wild Terrains is not responsible for any errors or omissions as to any such information provided.
11. FORCE MAJEURE
Wild Terrains will not be deemed in breach of this agreement or otherwise liable to You due to delay in performance or nonperformance of any of Wild Terrains’ obligations under this agreement to the extent that any such delay or nonperformance is due to any Force Majeure Event. “Force Majeure Event” means any circumstances beyond Wild Terrains’ reasonable control, including without limitation acts of nature, terrorist activities, insurrection, explosion, flood, earthquake, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine, government intervention, weather conditions, and unforeseen circumstances. If Wild Terrains or any vendor, supplier, or similar third party engaged by Wild Terrains are affected by a Force Majeure Event, Wild Terrains and any such third party shall be entitled to, and may in Wild Terrains’ sole discretion, vary or cancel any itinerary or arrangement in relation to the Experience without any obligation or liability to You.
It is mandatory that You obtain travel insurance while traveling with Wild Terrains and this insurance must cover personal injury, medical expenses, repatriation expenses, and evacuation expenses. You must provide Wild Terrains with proof of Your insurance purchase and adequate coverage as required by Section 4. It is strongly recommended You also obtain coverage for trip cancellation, interruption, curtailment, and for personal property. You are responsible for understanding the specifics of Your travel insurance policy(s) and for ensuring that such insurance covers You during all optional and included activities listed in the trip itinerary, and ensuring that there are no exclusion clauses that would limit the coverage You might need. It is Your responsibility to verify Your insurance policy satisfies Wild Terrains’ requirements described herein.
Wild Terrains shall have no liability for loss, theft of or damage to baggage or personal effects. Personal belongings damaged, lost, or stolen are not subject to reimbursement by Wild Terrains. Wild Terrains does not accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by Wild Terrains including, but not limited to, hotels, pensions, campsites, homestays, vessels, expedition vehicles, or any other mode of transportation.
13. SUPPLIERS CONDITIONS
Wild Terrains acts as an agent for transport companies, hotels and other vendors and contractors (collectively, Suppliers) and shall not be held liable for any injury, damage, loss, delay or irregularity that may occur when using the products, services, or accommodations of a Supplier, or due to the negligence, recklessness, omission, oversight, inaction, or other fault of a Supplier, including, but not limited to, any defect in a vehicle or any other form of conveying a traveler, acts of God, detention, delays or expenses arising from quarantine, strike, riots, theft, civil disturbance, government restriction or regulation, accident by aircraft, boat, bicycle, motor vehicle or any other form of transport, or in any hotel or guest house, hostel, or other form of accommodation.
You acknowledge that the quality of the products, services, and accommodations organized by Wild Terrains are not within the control of Wild Terrains and that the quality of such products, services, and accommodations may be compromised by local conditions. Accordingly, You hereby release Wild Terrains from all claims and causes of action arising from any damage, loss of enjoyment, inconvenience, or injuries related to the quality of such products, accommodations, and services.
Airlines, railways, car services, shipping companies, hotels, and other common carriers and suppliers have their own booking conditions or conditions of carriage, and You will be bound by these as far as the relevant common carrier or supplier is concerned. Some of these conditions may limit or exclude liability on the part of the relevant transport provider or other supplier, and they are often also subject to various international conventions. In addition to all other limitations of liability herein, Wild Terrains’ liability will be limited to and shall not exceed that of its suppliers. You are precluded from making a double recovery by making the same claims and seeking the same recovery against Wild Terrains and its suppliers.
14. OPTIONAL ACTIVITIES
During Your Experience there may be opportunities to undertake activities, which do not form part of the itinerary. Wild Terrains does not endorse or sponsor such activities and makes no representations about the safety or quality of such activities or the standard of the independent operators running them. Wild Terrains is in no way responsible for Your safety should You elect to enter into such optional activities. If You still elect to partake in an optional activity, You assume full responsibility for any risks involved. The waiver and release of the Releasees set out in Paragraph 1 shall apply to such optional activities.
15. PHOTOGRAPHY AND IMAGES RELEASE
You acknowledge that on Your Experience there may be a photographer or videographer (collectively, “Photographer”) engaged by Wild Terrains. The Photographer will own the rights to the images, photos, and videos that he or she takes or creates during Your trip (“Content”). You acknowledge that because the Photographer will own the rights to all Content, You cannot sell any Content or otherwise use it commercially. You can use Content for personal use only. If You display Content in a public form, including but not limited to a website, You must credit the Photographer by including his or her name and a notation that the Content is owned and copyrighted by the Photographer.
You hereby grant Wild Terrains and its agents, suppliers, vendors, and similar third-parties, including Photographers, a worldwide, royalty-free, perpetual license to use, re-use, distribute, display, create derivative works of, and reproduce any images, photos, or videos that You provide to Wild Terrains (whether directly or through a photo sharing service) (collectively, “Your Images”) in any medium, including but not limited to print, electronic media, or Internet, free of charge and without Your right to inspection, for any purpose, including to promote and publicize Wild Terrains’ travel products and services worldwide.
You also acknowledge and agree that Wild Terrains or other parties, including but not limited to the Photographer and other participants in Your Experience, may during Your Experience take or create images, photos, and videos in any format that contain or feature You. These images may contain Your name, likeness, identity, photographic image, videographic image or oral or recorded statements. You agree that Wild Terrains may use these materials for any purpose, including to promote and publicize Wild Terrains’ travel products and services, and hereby grant Wild Terrains a perpetual, royalty-free, worldwide, irrevocable license to use such images without Your prior inspection.
16. COMPLAINTS AND CLAIMS
If You wish to make a claim, submit a complaint, or request compensation for any reason, You must do so via email at email@example.com within 30 days of the trip’s completion. Any and all supporting documentation to the claim or complaint must accompany the email. Any claim or complaint received by Wild Terrains after this deadline will not be accepted or reviewed.
If You have any issues or questions during Your Experience, promptly notify the trip leader or Wild Terrains representative so that Wild Terrains can try to address them.
In the event that any term or condition contained herein is held to be unenforceable or void by operation of law or as being against public policy or for any other reason, then such term or condition shall be deemed to be severed from this Agreement or amended accordingly only to such extent necessary to allow all remaining terms and conditions herein to survive and continue as binding.
18. SUCCESSORS AND ASSIGNS
This Agreement shall inure to the benefit of and be binding upon Wild Terrains, You, and both parties’ respective heirs, legal personal representatives, successors and assigns.
19. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between Wild Terrains and You with respect to any and all bookings, reservations, Experiences, trips, or transactions made by You with Wild Terrains, and constitutes a binding agreement. There are no verbal or written representations, warranties, collateral agreements, or terms or conditions other than as expressed herein.
20. APPLICABLE LAW AND CHOICE OF FORUM
This Agreement shall be governed by, and construed in accordance with, the laws of the State of Delaware without regard to applicable conflict of law provisions.