BOOKING TERMS & CONDITIONS
The terms and conditions set forth in this agreement constitute the entire understanding and agreement between you, the trip “participant” (“you” or “your”), and Out & About Holidays, LLC (“Out & About Holidays,” “our,” “we,” or “us”) with respect to any and all bookings, reservations, tours, or transactions made with Out & About Holidays. By submitting a reservation form, paying a deposit, or signing this agreement, you accept all of the terms in this agreement on your own behalf and on behalf of all persons on the reservation, including any minor under your custody, care, or control (“Minor” or “Child”) (collectively, “Participants”), and direct us to perform services for each and every participant. By submitting a reservation form, paying a deposit, or signing this agreement, you affirm that you have made all participants in the booking aware of these terms and that all participants accept these terms.
RESERVATIONS
Bookings require an initial deposit with a Booking Form submitted by each participant. A booking is not accepted until you receive a written confirmation from us. There is no contract for services between you and Out & About Holidays without such written confirmation. Inclusions/exclusions for a specific trip are listed in the detailed itinerary that is provided to you upon booking. Out & About Holidays reserves the right in its sole discretion to deny participation to anyone whom it deems unsuitable for a trip both before and during the trip.
PRE-DEPARTURE DOCUMENTATION
Carefully read all trip-related documents that you receive from us as soon as you receive them. It is your responsibility to contact us if any information is incorrect. We cannot accept any liability if you do not notify us of any inaccuracies within 30 days of your receipt of those documents. This agreement must be accepted, a waiver of liability and assumption of risk agreement must be signed, and, if required, a medical statement or certification must be signed and submitted by you. If you fail to submit this and other necessary documentation prior to departure, we reserve the right to treat your booking as cancelled by you and impose the cancellation fees described in this agreement.
PASSPORTS & VISAS
You are responsible for ensuring that all necessary travel documents are valid and effective and in your possession for the entire trip. Passports are required for all U.S. citizens traveling abroad and should be valid for at least 6 months after your date of return. We suggest you apply for or renew a passport early. Other required documents may include visas, permits, and vaccination certificates. You assume complete and full responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements. You are also solely responsible for any adverse consequences resulting from incomplete or defective documentation. While we may provide information or advice on matters such as visas, vaccinations, climate, clothing, baggage, and special equipment in good faith as a courtesy to you, we are not responsible for any errors or omissions as to the information provided.
HEALTH REQUIREMENTS & MEDICAL CARE
Our trips can be physically active, with varying levels of demands and fitness requirements depending on the specific itinerary. You represent that neither you or, if applicable, the Minor do not have any physical or mental condition that would create a hazard for you or other participants or affect other people’s enjoyment of the trip. If you have a physical condition, dietary restrictions, or other conditions that will require special attention during the trip, you must inform us in writing when the booking is made. We may require a medical certificate if you have a special condition. We reserve the right in our sole discretion to accept, decline, or remove anyone from a trip (at departure or during the trip) who we judge to be incapable of meeting the trip’s physical demands. Out & About Holidays assumes no responsibility for any medical care provided to you. You agree to assume all costs of medical care and related transportation that are provided to you during the trip. Once a trip has been confirmed, medical circumstances will not be considered as exceptions to our cancellation policy. All participants must be covered by a current medical insurance policy applicable for overseas travel for the duration of their trip. Proof of coverage may be required. Please keep in mind that we are not a medical authority. The Centers for Disease Control and Prevention (“CDC”) provides the most current information regarding medical requirements and recommendations for U.S. citizens. See www.cdc.gov/travel for more information. Please consult the CDC, a travel clinic, or your doctor in order to make the best decision for yourself and your health as early as possible before your trip.
TRAVEL INSURANCE
It is mandatory that all of Out & About Holidays travelers provide proof of current and adequate travel insurance before the trip begins. Travel insurance must cover personal injury, medical treatment, repatriation, and evacuation expenses, including helicopter rescue and air ambulance internationally. It is recommended that travel insurance also address personal property and trip cancellation coverage. Trip cancellation insurance may be the only means of receiving reimbursement for flights and other non-refundable expenses should an Out & About Holidays trip be cancelled for any reason, whether voluntarily by you or as a result of Out & About Holidays actions. You are responsible for understanding the specifics of your travel insurance policy, ensuring that your policy covers all optional and included activities listed in the trip itinerary, and ensuring that there are no exclusion clauses (e.g., air delays due to mechanical issues) that would limit the coverage that you might reasonably need. If you have current health insurance coverage, check your insurance policy to see if it provides the coverage described above while traveling outside your country. It is your responsibility to verify your insurance policy details with your insurance provider to ensure Out & About Holidays requirements are satisfied.
DEPOSITS & FINAL PAYMENT
A non-refundable deposit of 40% of all services per person is required at the time of booking. Final payment is due 60 days prior to departure date, and may be split into multiple payments. The departure date is the first date on the itinerary. We reserve the right to treat any reservation that is not fully paid according to the reservation and payment terms in this agreement as a cancellation and subject to the cancellation terms below. Payments may be made by bank wire transfer or major credit card (Visa, MasterCard, or American Express). If your booking is made within 60 days of departure, the entire trip cost must be paid when we confirm the trip with you.
CHANGES BY YOU TO CONFIRMED BOOKINGS / LATE BOOKINGS
Change requests to our itineraries can be very disruptive. If you request to change your trip dates or alter your itinerary after we confirm your booking but before your trip’s departure date, we will consider whether we can reasonably accommodate your request without any disruption to the trip. If we are able to make such changes, a change fee may be applied. The type and scope of change dictates the amount of the change fee and such fees can be substantial. Our outside suppliers, including hotels, often impose additional fees or penalties for changes and cancellations. It is in our sole discretion whether to accept a change request.
ALTERATIONS OR CANCELLATION BY YOU AFTER COMMENCEMENT OF TRAVEL
We will forward any alteration that you request after your trip has commenced to our independent suppliers. We will work with them to try and accommodate reasonable requests but cannot guarantee that any changes will be possible after your trip has commenced. Changes after departure can create severe complications. In the event you request a change, you will be liable for any cancellation charges and change fees that may be imposed for the booking of revised arrangements and for all costs associated with the arrangements themselves. It is in our sole discretion whether to accept a change request.
CANCELLATIONS OR CHANGES BY US AND FLEXIBILITY
We reserve the right to cancel, alter or modify any trip without prior notice for any reason, including but not limited to for the safety and/or comfort of customers and for circumstances of Force Majeure, which is defined in this agreement below. This includes the right to replace or substitute guides and accommodations in the trip materials, modify the order in which places are to visited, and make other changes in the itinerary. You acknowledge that the amenities, accommodations, transportation, route, schedule, and itinerary may change without prior notice due to local circumstances or events, which may include mechanical breakdown, flight cancellations, illness, strikes, political disputes, weather, border crossing problems, and other unforeseeable factors. If, prior to departure, we make a significant change because of a problem with a supplier (e.g., bankruptcy), we will, as soon as reasonably possible, notify you of available alternatives.
If we must cancel a trip due to insufficient enrollment, all trip members will be notified a minimum of 60 days before the trip departs and will receive a full refund of payments made to Out & About Holidays.
Any changes may require a supplemental payment from you or result in a partial or full refund. A supplemental payment is a rare situation; however, such a payment may arise due to unexpected events (e.g., increase in government fees). We typically try to absorb any increased fees as a result of a change by us under this section. If we cannot absorb the extra cost, we will give you advance notice in the rare event that a change by us would require a supplemental payment. A refund under this section will constitute full settlement of claims you may have arising out of our cancellation. Unless doing so would create an unstable financial situation for Out & About Holidays, we will refund any deposits already paid in the event of a cancellation due to Force Majeure less any non-refundable deposits paid to our third party suppliers. We will work with our suppliers to try and obtain any non-refundable deposits so that we can give you a full refund. We cannot guarantee such a result, though.
DENIAL OF PARTICIPATION
Out & About Holidays reserves the right to deny participation in the trip to any Traveler that Out & About Holidays, in its sole discretion, judges to be incapable of meeting the rigors and requirements of the trip activities, or whose actions or deportment it judges unsuitable for group travel. During the trip, Out & About Holidays has the right in its sole discretion to remove anyone who it determines to detract from others’ enjoyment of the trip. The decision of the guide, host or local supplier is final on all matters that may threaten the safety or interfere with the well-being of others. Any costs resulting from being removed from a trip or being declined participation in a trip is at your expense.
CANCELLATIONS BY YOU AND REFUNDS
To cancel your booking, you must send written notice to us by email at: james@outandaboutholidays. The following cancellation terms apply effective as of the date Out & About Holidays receives written notice of cancellation:
61+ days prior to departure: 40% of the total trip cost is non-refundable
31 to 60 days prior to departure: 50% of the total trip cost is non-refundable
0 to 30 days prior to departure: 100% of the trip cost is non-refundable
If you do not pay the balance of your trip no later than 60 days before the departure date, your booking will be cancelled, resulting in the loss of all money collected.
No refunds will be provided for any unused portion of a trip once the trip begins, including if you leave a trip for any reason or have to be removed from a trip. There are no exceptions to this cancellation and refund policy, including for reasons related to weather, terrorism, civil strife, personal, family or medical emergencies or any other circumstances beyond our control. You will not be reimbursed for any personal expenses such as airfare, hotel, or other travel expenses due to changes in itineraries or trip cancellations. For this reason, we strongly encourage you to purchase trip cancellation and interruption insurance.
FORCE MAJEURE
Out & About Holidays will not be deemed in breach of this agreement or otherwise liable to you, by reason of delay in performance or nonperformance of any of its obligations under this agreement if any such delay or nonperformance is due to any Force Majeure. “Force Majeure” means any circumstances beyond the reasonable control of Out & About Holidays, including without limitation acts of God, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine, government intervention, weather conditions, and unforeseen circumstances. If Out & About Holidays and/or any of its Suppliers are affected by Force Majeure, they may in their sole discretion vary or cancel any itinerary or arrangement in relation to the trip. Regarding civil unrest, once Out & About Holidays has investigated the prevailing situation, as it deems fit, it shall remain in Out & About Holidays sole and absolute discretion whether to proceed with the trip.
OPTIONAL ACTIVITIES
During any Out & About Holidays trip, there may be opportunities to participate in activities or local events, which are not included in Out & About Holidays packaged trip. Out & About Holidays makes no representations about the safety or quality of these activities and events, or the standard of the independent operator running it. Activities may include, but are not limited to, vehicle/boat/aircraft trips, walking or guided trips, surfing, fishing, hiking, swimming, zip lining, and parasailing. Events may include, but are not limited to, local festivals, concerts, and organized events. You understand and agree that any assistance given by Out & About Holidays trip leader or staff to help arrange these optional activities is done in good faith and without any representations or warranties of any kind. Out & About Holidays does not sponsor or endorse these activities or events, nor can Out & About Holidays be held liable for any injury or illness resulting from your participation. If you decide to participate in these events, you do so voluntarily and should take precautions to ensure your own safety and you will arrange for payment directly with the supplier or independent operators of such activities, event or service.
DISCOUNTS AND PROMOTIONS
All discounts and reduced pricing are offered and or applied at Out & About Holidays sole discretion. From time-to-time, Out & About Holidays may offer reduced pricing on selected trips. The reduced pricing applies strictly to new bookings only. Bookings for which the Traveler has already paid a deposit are locked into their original price and are not entitled to the reduced pricing.
RESPONSIBILITY
Out & About Holidays acts only as an intermediary for the various independent suppliers that provide lodging, meals, transportation, sightseeing, activities, or other goods and services connected with your trip (“Supplier” or “Suppliers”). Out & About Holidays takes reasonable care in selecting competent, reliable and qualified suppliers based on information that is reasonably available to us. That said, we only as an intermediary for these third party Suppliers and do not and cannot control the quality of their services. You acknowledge that you are aware and clearly understand that these Suppliers are independent contractors, are not managed by Out & About Holidays, and are not agents or employees of Out & About Holidays. A supplier’s services are subject to the their own terms and conditions and the local laws and regulations of the relevant country. Out & About Holidays will not provide a refund for a supplier’s delay, cancellation, overbooking, or strike.
IMAGES RELEASE
You acknowledge that the designated media creator(s) on your trip, if any, (“Media Creator”) will own the rights to the images, photos and videos and any other copyrightable content that he or she takes or creates during your trip (“Images”). You acknowledge that because the Media Creator will own the rights to the Images that the Media Creator creates during your trip, you cannot sell, transfer, assign, otherwise reproduce any of the Images that the Media Creator creates or shares with you or use it commercially. You hereby agree to use any such Images for personal use only and will credit the Media Creator by including his or her name and a notation that the content is his or her copyrighted content.
You also acknowledge and agree that Out & About Holidays, your trip host or other parties, including but not limited to the Media Creator, Third Party Suppliers and other Travelers, may take or create images, photos, sound recordings and videos in any format that may feature you or that may contain your name, likeness, identity, photographic image, videographic image or oral or recorded statements (collectively, “Trip Images of You”).
You hereby grant Out & About Holidays, including the Media Creator and others Out & About Holidays may authorize (including but not limited to Out & About Holidays licensees, partners or Third Party Suppliers), a worldwide, royalty-free and free of charge, perpetual license to use, re-use, distribute, display, create derivate works of, and reproduce the Images and the Trip Images of You as well as any images, photos, or videos that you provide to us (whether directly or through a photo sharing service) (collectively, “Your Images”) in any medium or format now in existence or hereafter developed (including but not limited to print, digital and electronic media), for any purpose at any time, including to promote and publicize Out & About Holidays travel products and services worldwide.
Notwithstanding the above, we, the Media Creator and our Third Party Suppliers agree not to sell or give permission to Third Parties to sell or license the Images or the Trip Images of You for commercial or merchandising purposes, other than as set forth in this agreement, without your prior written consent.
SEAT BELT POLICY
To ensure the safety of our travelers and local hosts and guides, Out & About Holidays recommends that everyone stay seated and wear their seatbelts at all times while riding in any vehicle that is in motion. This recommendation is not only for your safety but also for the safety of everyone else in the vehicle. It is noted that some vehicles internationally may not be equipped with these restraints as accepted by local laws. Out & About Holidays and our transportation suppliers remain focused on protecting your safety, but they cannot be expected to constantly check to make sure everyone is buckled prior to moving a vehicle. Therefore, it is your responsibility to remain seated and wear your seatbelt properly and at all times while the vehicle is in motion.
DRUG POLICY
Out & About Holidays does not tolerate drug use of any kind during our trips and strongly encourages responsible alcohol consumption.
COMPLAINT PROCEDURE
If you have a complaint during your trip, promptly notify us so that we can attempt to remedy the situation. If still unsatisfied, you must submit your complaint in writing to james@outandaboutholidays.com within 14 days of the trip’s end date. Any and all supporting documentation to the claim or complaint must accompany the email. We will not accept claims received after this period.
APPLICABLE LAW, CHOICE OF FORUM, & SEVERABILITY
Any dispute arising out of, in connection with, or relating to this agreement and/or the transactions and relationships among the parties bound by this agreement, including any Minors, shall be filed in and resolved exclusively by state or federal court in Chicago, Illinois. The laws of the State of Illinois govern this agreement. You agree to personal jurisdiction in the specified forum. If any provision of this agreement is unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the agreement unenforceable or invalid as a whole. Such unenforceable provision will be replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the original provision.
SUCCESSORS & ASSIGNS
This agreement shall inure to the benefit of and be binding upon Out & About Holidays and the Participant and their respective heirs, legal personal representatives, successors, and assigns.
LIMITATION OF REMEDIES
You agree that the sole remedy for any default by Out & About Holidays arising under this agreement shall be the return of the paid trip cost. To the maximum extent permitted under applicable law, Out & About Holidays shall not be liable for any special, consequential, indirect, incidental, or other damages arising out of or in any way connected to this agreement, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Out & About Holidays has been advised of the possibility of such damages. You expressly waive any right you may have to recover such damages.
MERGER
This Agreement is the final, complete, and exclusive statement of the parties’ agreement on the matters contained in this agreement. It supersedes all previous negotiations and agreements. I have read this entire agreement, and I am signing it freely. I understand that this is a legally binding contract. No other representations concerning the legal effect of this document have been made to me. My signature applies to all pages of this agreement.
RELEASE & WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
Please read this agreement carefully as it is a legally binding contract. A parent/guardian must sign for minors (under 18 years of age).
In consideration of the services provided by Out & About Holidays LLC (“Out & About Holidays”), I, an adult traveler or parent or legal guardian of a traveler who is a minor (under 18 years of age; the “Child” or “Minor”), acknowledge and agree to the following terms and conditions to the maximum extent allowed by law on my own behalf or, if applicable, on behalf of the Child.”
RESPONSIBILITY
1. Out & About Holidays contracts with independent contractors, also referred to as suppliers, to provide transportation, lodging, meals, guide services, and other services related to your trip. Out & About Holidays, which acts only as an intermediary for its suppliers, assumes no responsibility for and cannot be held liable for any negligent or willful act or omission of any supplier, or of any other person or entity. A supplier’s services are subject to the supplier’s own terms and conditions, as well as the local laws and regulations of the country in which the service is provided.
ASSUMPTION OF RISK
2. I am voluntarily participating in this trip, which may involve one or more of the following activities depending on my itinerary and the activities in which I elect to participate: exercise, hiking, trekking, biking, rafting, swimming in various bodies of water, encounters with wild fauna and flora, and/or other active activities or sports (“Adventure Activities”). I understand that this list is not exhaustive of all Adventure Activities that may be made available to me and that I may decide to participate in.
3. I acknowledge that I am voluntarily participating in this trip with the knowledge of the risks and dangers involved, including but not limited to: dangers and risks inherent in exercise and Adventure Activities; negligence in any manner on the part of Out & About Holidays; emotional trauma; disfigurement; temporary or permanent disability, including paralysis; death; acts of God; the hazards of traveling in remote, unsafe, or politically unstable areas or under unsafe conditions; dangers of civil disturbances and war; forces of nature; contact with marine life and wild animals; transportation failures; equipment failures or deficiencies; high altitude; stolen, lost or misplaced luggage or property; theft or break-ins into vehicles, lodging or elsewhere; bites or stings from insects or pests; accident or illness in remote places without access to medical facilities, transportation, or means of evacuation and assistance; unexpected events; terrorist activities; social or labor unrest; mechanical or construction failures or difficulties; diseases; local laws; climactic conditions; abnormal conditions or developments; negligence, omissions or intentional acts by third party service providers; or any actions, omissions, or conditions outside of Out & About Holidays’ control not mentioned herein.
4. I assume full and complete responsibility for checking and confirming all passport, visa, vaccination, and entry requirements for, and all safety or security conditions of, each destination on this trip.
5. I EXPRESSLY AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE AND FULLY ASSUME ALL OF THE ABOVE RISKS, AS WELL AS ALL OTHER RISKS SET FORTH IN THIS AGREEMENT, BOTH KNOWN AND UNKNOWN, VOLUNTARILY AND KNOWINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW. If signed on behalf of the Minor, I have discussed the travel risks with the Minor, and he or she wishes to participate in the Trip nevertheless.
RELEASE OF LIABILITY
6. As lawful consideration of, and as part of the payment for, the right to participate in the trip, and as part of the payment for the services arranged for me by Out & About Holidays, to the fullest extent permitted by law, I, an adult traveler, or as parent or legal guardian of the Child, for myself, the Child, my heirs, legal and personal representatives, next of kin, including my spouse, successors and assigns (individually and collectively, “Releasors”), expressly RELEASE, WAIVE, FOREVER DISCHARGE, AND COVENANT NOT TO SUE Out & About Holidays, its owners, employees, shareholders, affiliated entities, employees, agents, representatives, officers, directors, associates, volunteers, successors and assigns (individually and together, “Released Parties”) from and against any liability, actions, causes of actions, debts, costs, losses, suits, claims and demands of any and every kind and nature whatsoever which I or the Child now have or which may later have against the Released Parties arising out of, relating to, or in connection with the trip arranged or provided by Out & About Holidays, whether arising from the Released Parties’ negligence or otherwise. I agree to fully indemnify (that is, protect and defend and satisfy claims against) and hold harmless the Released Parties with respect to losses as a consequence of my or the Child’s own actions or inactions, whether arising from the Released Parties’ negligence or otherwise.
7. I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, all members of my family, and all minors traveling with me (collectively encompassed by the term “their” in this paragraph), my and their heirs, successors, assigns, and legal representatives. It is my intention to fully assume all risks associated with this trip and to release the Released Parties from any and all liability to the maximum extent permitted by law.
APPLICABLE LAW & CHOICE OF FORUM
Any dispute arising out of, in connection with, or relating to this agreement and/or the transactions and relationships among the parties contemplated by this agreement, including any Minors, shall be filed in and resolved exclusively by state or federal court in Chicago, Illinois. The laws of the State of Illinois, USA, govern this agreement. You agree to personal jurisdiction in the specified forum.
KNOWING & VOLUNTARY EXECUTION
8. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect.
9. I understand that in calculating the cost of the trip, Out & About Holidays has relied on my consent to and enforceability of these terms. Without this agreement, the trip cost would be higher or, alternatively, Out & About Holidays would not be able to offer these services.
10. I agree that execution of a facsimile counterpart or electronic transmission of this agreement shall be deemed execution of the original agreement. I agree that facsimile or electronic transmission of an executed copy of this agreement shall constitute acceptance of this agreement.
11. If signing electronically, I understand that a paper version of this agreement is available but I have voluntarily chosen to sign this document electronically. I understand that I will receive a Portable Document Format (PDF) version of this agreement after it is signed at the email address I have provided. To view the document, I understand that I will need software that enables me to receive and access PDF files. I understand that I may withdraw my consent to receive communications in electronic form by contacting Out & About Holidays by phone or email at james@outandaboutholidays.com