RELEASE & ASSUMPTION OF RISK
By engaging the services outlined herein, I acknowledge that I intend to undertake an organized activity with TWENTY MOONS, LLC. d/b/a “TRAVEL HER WAY” (“COMPANY”). This will involve special travel, potential risks of various kinds and degrees, differing living conditions and foods, a variety of interpersonal interaction and close-quarter conditions, varying types of medical risks, hazards, availability of medical care and support, and differing weather conditions and altitudes and any risks that may come from such. In consideration of, and as payment for, the right to participate in the activities, services or food arranged for me by COMPANY, I have and hereby assume all the associated risks and conditions involved with such activities, and indemnify and hold COMPANY, its officers, agents, and employees harmless from any and all liability, actions, causes of action, debts, claims and demand of any kind and nature whatsoever which I now have, or which may arise out of or in connection with my adventure or participation in any other activities arranged for me by COMPANY. The terms hereof shall also serve as a release and assumption of risk for my heirs, executors and administrators and for all members of my family, including any minors accompanying me. The limitations and exclusions of liability set out in this Agreement apply to the maximum extent permitted by applicable law, and survive termination of the Agreement for whatever reason. This Release and Assumption of Risk is meant to compliment the Assumption of Risk Provision Found in Section 13 of the Terms and Conditions, and any additional Assumption of Risk waivers I may have to sign, based on my specific travel program.Terms & Conditions
These are the terms and conditions which will apply to your booking and adventure. By booking an adventure you agree to be bound to all terms and conditions. Your signature below confirms that you have read and agree to the Terms and Conditions on this form, and that you understand that these terms apply to all persons in your party (if multiple names appear on the attached invoice).1. GENERAL STATEMENT
All persons who intend to make a booking, have sent in an application or deposit, have paid for a booking in any amount (partial or full), and/or will or have begun or completed an adventure with COMPANY have carefully read and understand the Terms and Conditions that follow and all other Contract Documents. By making a booking by telephone, or on the website http://www.travelherway.com, or by email, or facsimile with COMPANY or its Agents, you accept on behalf of yourself and all those named on the booking including minors and person with disabilities to be bound by these Terms and Conditions and Contract Documents. No persons shall be deemed to have booked an adventure and COMPANY shall not assume any obligations until timely receipt of the Applicant’s properly completed and executed Application Documents, and the deposit (together with the Pre-departure Form, Medical Release, Adventure Waiver, Payment Invoice, “Contract Documents”). Prior to a proper and timely booking, COMPANY reserves the right to increase or decrease any and all prices. COMPANY, its affiliates, agents and representatives reserve the right to decline any booking at their discretion. The person or persons named on the booking are hereinafter referred to as the “Client”. All bookings are made with COMPANY; however, COMPANY may utilize the service of agents, affiliates and/or third-party suppliers for various services, provided for or associated with your adventure. These Terms and Conditions together with the Contract Documents shall constitute the entire agreement between COMPANY and the Client relating to the subject matter herein, and shall constitute a binding agreement. There are no verbal or written; representation(s), warranties, collateral agreement(s), prior agreement(s), description of services, or conditions, other than as expressed herein. The service to be provided is/are the adventure(s) referred to in the booking confirmation.2. CONDITIONS OF TRAVEL
Travel by road, air or by sea is subject to the individual carrier’s conditions. COMPANY’s liability for death, and/or personal injury, and/or loss of and/or damage to luggage or any other loss or any kind may be limited by the conditions in this agreement, international conventions, treaties, or any applicable law including, but not limited to, the Athens, Warsaw or Montreal Conventions.3. MEDICAL
Clients and their medical practitioner(s) are obligated to review, complete, sign and return to COMPANY the Medical Information and Release Form as outlined in the Contract Documents. In addition, Clients are asked to review their Medical Information and Release Form as it relates to their adventure. Any questions, comments or decisions related to the Client’s physical or mental suitability for an adventure shall take place between the Client and their medical practitioner. The Client must complete the medical form honestly, accurately, and disclose all medical history and information. COMPANY will review the information submitted, and keep the information in accordance with the privacy policy as outlined in Medical Information Form. COMPANY reserves the right to challenge any information submitted, ask for further information or clarity on certain points, or reasonably reject or rescind a client’s booking based on the medical information presented to COMPANY. In the event the Client has made a booking with COMPANY and subsequently is unable to complete the required medical form for any reason by the dates specified in the Contract Documents and/or Payment Invoice, COMPANY reserves the right to cancel the booking, and applicable cancellation penalties will apply.- The Client acknowledges and understands that their adventure may be to a destination that is remote, isolated, and far removed from medical care facilities. Medical facilities vary from country to country and COMPANY makes no representations and gives no warranties in relation to the standard or quality of such treatment. The Client agrees and acknowledges the risks, dangers, and limited availability or lack of any medical care associated with such travel and, together with all limitations of liability found in this document and the Contract Documents including those found in Medical Information and Release Form, absolve COMPANY of any liability of such risks, dangers, and failure to provide medical care.
- The Client understands the honest and candid completion of the Medical Information and Release Form will assist all concerned in an emergency situation. In the event there is a dispute between COMPANY and the Client with regard to the Client’s physical or mental suitability for an adventure, the matter will be referred to a medical professional at the Client’s expense.
- COMPANY must be notified in writing at the time of booking of any medical conditions, pregnancy, physically or mentally challenged conditions or disabilities which may affect fitness to travel. COMPANY shall not be held liable for the Client’s failure to notify COMPANY of any such conditions, and the Client assumes all risk for failure to disclose all aforementioned medical conditions. The Client’s failure to notify COMPANY of such conditions may result in the client being refused travel, in the case, that results in cancellation, 100% of the cancellation fees are the responsibility of the Client. Some adventures may be unsuitable for Clients, due to age, mobility, pregnancy, or physical or mental conditions. It is the Client’s responsibility to check prior to booking. COMPANY may refuse to carry pregnant women over 24 weeks or Clients with certain mental or physical conditions. COMPANY is not required to provide any special facilities unless it has been agreed to do so in writing. COMPANY will do its best to meet Clients special requests, including dietary, but such requests do not form part of the Contract and therefore COMPANY is not liable for failing to provide these requests.
- Client acknowledges and agrees that the duty to disclose the information requested in the Medical Information Form is ongoing, and the Client must update COMPANY as to any changes or additions to said information.
4. CURRENCY
COMPANY sells its adventures only in United States Dollars (USD).5. BOOKING DEPOSIT
At the time of booking, a deposit of USD $400, as applicable, per person per tour is due to COMPANY. If the booking is made 60 days or less prior to departure, full payment is due at the time of booking. The non-refundable deposit should be sent to COMPANY or authorized agent, as applicable.Certain products of services COMPANY may require you to provide a higher deposit or make full payment at the time of booking. The COMPANY will advise you of any such requirements prior to confirmation of the applicable booking.
Lifetime Deposits: If you cancel your booking, and that cancellation is not a result of nonpayment or any other breach of these Terms, the deposit amount will be held as a “Lifetime Deposit” with COMPANY, subject to these Terms. Lifetime Deposits have no expiry and may be applied towards payment of a deposit on any other adventure offered by COMPANY. The Lifetime Deposit is transferable and may be transferred by you to another individual of your choosing by providing notice to COMPANY in writing.
For the avoidance of doubt, only the deposit amount will form part of the Lifetime Deposit. The Lifetime Deposit has no cash value. Only one Lifetime Deposit may be applied per person per product booked. A Lifetime Deposit must be applied to a new adventure booking that is of equal or greater value to the cancelled adventure for which the Lifetime Deposit was originally received. A Lifetime Deposit may not be applied to the same or similar dates of travel.
6. FINAL PAYMENT AND ACCEPTANCE OF BOOKING
- Final Payment: Acceptance of the Client’s booking shall be confirmed in writing by COMPANY. Please refer to the confirmation invoice and/or confirmation email for details regarding final payment. Payment of the balance of the adventure is due 60 days before departure. If full payment is not received by the due date, then rates and adventure space cannot be guaranteed, and COMPANY has a right to cancel your adventure and keep any and all client deposits. If a booking is made 60 days or less before the departure date, then the full payment amount is payable at the time of application and booking; failure to remit the full amount shall deem the adventure voidable by COMPANY as it was not properly booked by the Client. Certain products of services COMPANY may require you to make full payment earlier than 60 days before departure. The COMPANY will advise you of any such requirements prior to confirmation of the applicable booking.
- Client Details: For COMPANY to confirm the Client’s travel arrangements, the Client must provide all Client details with their final invoice payment as per the dates specified in the Contract Documents. If the Client does not provide all details at least 60 days prior to departure, a non-refundable fee of USD $250 will be charged to the Client. In the event where client details have not been received by COMPANY within 45 days prior to the Client’s adventure departure, COMPANY reserves the right to treat the adventure as cancelled and the participant acknowledges that their spot on the adventure will be forfeited, and full penalties will apply. Client detail requirements may vary by adventure.
Traveling with Children: The minimum age for Clients traveling on an adventure is 15. An adult over the age of 21 must accompany every 2 children under the age of 18. All inquiries with respect to children are subject to review and approval by COMPANY, which maintains and reserves the right to restrict the number of travelers under the age of 18 on adventures. If the adult accompanying the child is not the child’s parent, then a “Parental Consent Guardianship Form” must be signed by the parent or legal guardian and received by COMPANY prior to departure.
Credit Card Charges: COMPANY shall not be responsible for any charges applied to credit card transactions and shall not refund or return any fees by third parties as incurred during the transaction of the adventure cost.
7. CANCELLATION / TERMINATION OF ADVENTURE BY THE CLIENT
General Cancellation - The cancellation charges are expressed hereafter as a percentage of the total adventure price, excluding insurance:You may cancel your booking by notifying COMPANY. Cancellation fees, if any, will be determined with reference to the date on which notice of cancellation is received by COMPANY and are expressed as a percentage of the total price paid for the cancelled adventure, product or service (excluding any insurance products).
Cancellation of an adventure:
- Cancellation received 60 days or more before departure of first product or service in relevant booking: Lifetime Deposit will be held by COMPANY in accordance with these Terms, the remainder of the payments made to COMPANY in respect of the cancelled product will be refunded.
- Cancellation received 59-30 days before departure of first product or service in relevant booking: Lifetime Deposit will be held by COMPANY in accordance with these Terms, an amount equal to 50% of the remainder of the payments made to COMPANY in respect of the cancelled Tour will be refunded.
- Cancellation less than 30 days before departure of first product or service in relevant booking: Lifetime Deposit will expire in accordance with these Terms, and no further refund will be payable.
For certain products of services of COMPANY, alternative cancellation terms may apply. The COMPANY will advise you of any such requirements prior to confirmation of the applicable booking.
8. CANCELLATION / TERMINATION OF ADVENTURE BY COMPANY
COMPANY does its best to operate all journeys listed, but many operational circumstances and program aspects are outside of our control and, as such, we reserve the right to cancel a program. Should a program be cancelled or inoperative, we will inform you as soon as possible about the cancellation.COMPANY reserves the right to cancel any adventure for any reason, but will not cancel an adventure less than 60 days before departure, except for force majeure as outlined in Section 17, for local permitting issues, or any other reasonable concern. When an adventure is cancelled by COMPANY, the Client may choose between a full refund of all monies paid, or, if offered in the sole discretion and option of COMPANY, any alternative adventure offered by COMPANY at no extra cost to the Client, save for any local payments required as outlined in the final Contract Documents for the alternative adventure and/or any other literature or itinerary received by the Client from COMPANY. COMPANY is not responsible for any direct, incidental, consequential damages, expenses or losses that the Client may have incurred as a result of the booking, including, but not limited to, visas, vaccinations, non-refundable flights or rail, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment and opportunity. If the alternative adventure chosen is of a lower value than that originally booked, then the Client is entitled to a refund of the price difference. If the Client is offered a refund but requests an alternative tour of a higher value than that originally booked, then the Client must pay the difference in price. Where a significant element of the adventure cannot be provided, COMPANY will make suitable alternative arrangements for the continuation of the adventure. If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, COMPANY will provide the Client a refund of unused adventure portions.
9. UNUSED SERVICES
There will be no discounts or refunds for missed or unused services. This shall include Client’s voluntary or involuntary termination/departure from adventure, for any reason.10. PRICES AND SURCHARGES
No price increases will be made to a booking, 30 days or less before departure. COMPANY reserves the right to impose surcharges (price increases) up to 30 days before departure due to unfavorable changes in exchange rates, increases in air fares or other transportation/fuel costs, increases in local operator costs, taxes, or if government action should require us to do so. COMPANY will absorb 10% of any such surcharge. If the surcharge/price increase is for more than 10% then the remainder will be charged. If any surcharge results in an increase of more than 20% of the adventure cost, excluding insurance premiums, the Client may cancel the booking within 14 days of notification of the surcharge and obtain a full refund of all monies paid to COMPANY (excluding Adventure Cancellation Insurance Premiums and/or flights). All cancellation requests shall be received in writing via email with a reply from COMPANY.11. BROCHURE AND WEBSITE VALIDITY / WARRANTY OF STATEMENTS
Prices listed in this brochure and on our website, are based on the rates and costs in effect at time of the printing the brochure and/or posting on the website. We reserve the right to change any and all prices.12. CHANGES
- Changes made by COMPANY: While COMPANY will endeavor to operate all adventures as advertised, reasonable changes in the itinerary may be made where deemed necessary or advisable by COMPANY. If COMPANY makes a major change, COMPANY will inform the Client as soon as reasonably possible if there is sufficient time before departure. When a major change is made the Client may choose between accepting the change, obtaining a full refund of all monies paid to COMPANY (excluding Trip Cancellation Insurance Premiums and/or flights) or accepting any alternative adventure offered by COMPANY. The definition of a major change is deemed to be a change affecting at least one in three full adventure days of the itinerary. If the major change is due to force majeure or unforeseen circumstances no compensation is payable. Some changes to the itinerary for your adventure are possible, as a result of unforeseen circumstances or local situations. Any changes made to the itinerary will be made with full authority of the Trip Leader, and any direct or indirect cost incurred as a result will be the responsibility of the Client.
- Transfer to another departure (by Client): A transfer from one adventure to another can only be made more than 90 days before departure date and only if approved in writing by COMPANY. If such a request is accepted by COMPANY, COMPANY reserves the right to charge up to the deposit amount of the first booked adventure. Any request to transfer received less than 90 days before departure will not normally be accepted. In this case the Client must cancel the booking and then re-book on another adventure. The Client may only transfer the booking to a departure date in the current season and may not transfer the booking to future seasons. Any such transfers will be regarded as cancellations and cancellation fees will apply.
- Transfer of name: If the Client is prevented from traveling on the adventure booked by circumstances such as those which would permit a claim on a standard cancellation insurance policy, the booking may be transferred to another person, provided they meet all the requirements relating to that adventure and have read, understood and agree to the Terms and Conditions of this contract. More than 90 days before departure, up to the deposit amount of the adventure will apply. Within 90 days name transfers are not permitted.
- Amendments: Any amendments to a file within 90 days of a departure will depend on availability and will be on a request basis. Any extra costs incurred for making the change will be charged to the client’s final balance.
13. ASSUMPTION OF THE RISK
I understand traveling with COMPANY may involve risks and inherent dangers. I understand I could be traveling to geographical areas where, among other things, the standards of accommodation, transportation, safety, hygiene, cleanliness, medical facilities, telecommunications and infrastructure development may not be of the standards to which I am accustomed at home, or would find on a conventional trip or holiday. I have read and understood the information literature and documents for the adventure I am undertaking, and have fully disclosed any pre-existing medical or other conditions I may have to COMPANY. I freely and fully assume the risks of any activity related to the services provided herein. I fully and forever release and discharge COMPANY, and all other related, affiliated, associated or otherwise connected individuals and other entities and all of their respective officers, directors, employees, contractors, agents, successors and assigns (collectively, the “Releases”) from any and all costs (including, but not limited to, actual legal costs), claims, demands, actions, causes of action and liabilities whatsoever for any and all losses, damages, death or injuries to persons or loss of property, which may be sustained by me in connection with or in any way relating to this trip, due to any cause or reason whatsoever including, but not limited to, the reckless, willful or negligent actions or omissions of the Releases or any other person or persons. Optional Activities: I understand during my trip there may be opportunities to undertake activities, which do not form part of the itinerary. I understand COMPANY makes no representations about the safety or quality of these activities, or the standards of the independent operator running it. I further understand that COMPANY is in no way responsible for my safety, should I elect to engage in such activities. With full knowledge of the above, if I elect to participate in such activities, I assume full responsibility for any risks involved, whether patent or latent, and the waiver and release of the Releases set out in the foregoing paragraph shall apply.14. AUTHORITY ON ADVENTURE
By booking with COMPANY, the Client agrees to abide by the authority of the adventure leader or COMPANY representative. The Client must at all times strictly comply with the laws, customs, and foreign exchange and drug regulations of all countries visited. If the Client is affected by any condition, medical or otherwise, that might affect other people’s enjoyment of the adventure, the Client must advise COMPANY at the time of booking. Should the Client fail to comply with the above or commit any illegal act when on the adventure or, if in the opinion of the adventure leader, the Client’s behavior is causing or is likely to cause danger, distress or annoyance to others COMPANY may terminate that Client’s travel arrangements without any liability on COMPANY’s part and the Client will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements.15. GUARANTEED DEPARTURES
COMPANY guarantees selected departures at their sole discretion. This guarantee of departure is subject to force majeure situations, and COMPANY reserves the right to remove the guaranteed designation at any time, due to circumstances beyond reasonable control. COMPANY will not be held accountable for any indirect cost resulting to the client for this action.16. TRAVEL DOCUMENTS
- The Client is responsible for obtaining any travel documents and/ or verifying entry requirements necessary for each country of travel and/or transit on your selected adventure. Entry laws differ with respect to each traveler's citizenship. COMPANY will not obtain personal travel documents for customers or assume responsibilities for notice of countries' current requirements. You are responsible for any expenses incurred as a result of the delays or itinerary changes related to your lack of appropriate travel documents. All passports (passport must be valid 6 months past the return date), all visas, permits, and certificates including vaccination certificates, insurance policies required for the whole of the journey are Client’s responsibility. The Client accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the adventure and is solely responsible for any adverse consequences resulting from missing or defective documentation. Any information or advice given by COMPANY regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the Client, and COMPANY is not responsible for any errors or omissions as to the information provided.
- To expedite the issuing of COMPANY travel documents please note that all adventure related travel documents such as vouchers, itineraries and invoices will be sent via email once full payment has been received by COMPANY. COMPANY reserves the right to impose a fee for those Clients who wish to receive paper documents.
17. FORCE MAJEURE
COMPANY is not responsible for any injury, loss, or damage to person or property, death, delay, disappointment or inconvenience in connection with the provision of, or failure to provide, any goods or services occasioned by or resulting from—but not limited to—acts of God or force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, mechanical or other failure of vessels, airplanes or other means of transportation or for the failure of any transportation mechanism to arrive or depart on time, or for any other cause beyond the direct control of Company.18. INSURANCE
Client agrees to obtain travel insurance with a minimum medical coverage of $200,000 USD which shall be in effect while travelling with COMPANY, and that this insurance must cover personal injury, medical expenses, repatriation expenses, and evacuation expenses. Clients must be able to provide proof of their insurance purchase and adequate coverage limits as per the required amounts above if requested by the Trip Leader or COMPANY Representative. It is strongly recommended the coverage be extended to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client. COMPANY shall have no liability for loss, theft of or damage to baggage or personal effects. Personal belongings lost or stolen, are not subject to reimbursement by COMPANY. Losses due to ordinary wear and tear or Force Majeure events are not reimbursable. COMPANY does not accept responsibility for and shall in no event be liable for loss or damage of valuables or other articles left in or on facilities used by COMPANY including, but not limited to, hotels, pensions, campsites, homestays, vessels, expedition vehicles, or any other mode of transportation. When the Client has obtained travel insurance through COMPANY, the Client acknowledges that he or she is satisfied with the levels of insurance arranged by COMPANY. Where the Client has declined to purchase insurance through COMPANY, the Client acknowledges that the cost of the adventure does not include insurance, and that the Client is required to obtain separate coverage at an additional cost. When obtaining travel insurance from a source other than COMPANY the Client must ensure the insurer is aware of the type of travel to be undertaken.19. STANDARDS ON ADVENTURE
The Client acknowledges the quality of the products and services, including accommodations, transport and all other services related to the adventure that are organized by COMPANY or its representatives are likely to be different in standard to what the Client may reasonably expect at home. Further, the Client understands, appreciates and accepts any variance in quality or level of service as a part of the adventure travel experience. All arrangements made by COMPANY are done so with best of intentions to match any description provided, however, the Client reasonably allows for local conditions to influence products and services.20. RESPONSIBILITY FOR YOUR ADVENTURE
All services herein are organized by COMPANY. Notice is hereby given that all arrangements made on behalf of the Client are made by organizers on the sole condition that the organizers shall not be held responsible for any injury, death, accident, delay, loss, damage or irregularity which may be occasioned through acts of any COMPANY and/or persons engaged in carrying out the arrangements. COMPANY acts as an agent for transport companies, hotels and other contractors and shall not be held liable for any injury, damage, loss, delay or irregularity that may occur, 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, Force majeure events, 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, pension, or other form of accommodation. The Client acknowledges that the quality of the products organized by COMPANY including accommodations and all other services related to the adventure which are organized by COMPANY, are not within the control of COMPANY and that in any event the quality of such products may be compromised by local conditions. Accordingly, the Client hereby releases COMPANY from all claims and causes of action arising from any damage, loss of enjoyment, inconvenience, or injuries related to the quality of such products. The information contained on COMPANY’s website and related marketing materials is correct to the best of COMPANY s knowledge and COMPANY accepts no liability for any inaccuracies contained herein. COMPANY reserves the right to alter any itinerary in progress or service at any time without penalty to COMPANY. Any additional expense or cancellation shall be borne by the customer. The organizer reserves the right to withdraw or refuse any service to any customer at the discretion of the organizer. Payment of deposit is taken as acknowledgement of, and agreement to, these terms and conditions.21. DISCOUNTS
All discounts and reduced pricing are applied at COMPANY’s discretion.COMPANY offers discounted trips to marketing influencers occasionally. The lifetime deposit and cancellation policy do not apply to these discounted trips. Please refer to the product page or booking confirmation email for details.