Booking Terms and Conditions

1. ACCEPTANCE AND AGREEMENT

Unearthed Travel, LLC offers the Applicant a place on the tour on the strict understanding that the Applicant has read and understood this and

the following Booking Conditions and accepts and agrees to abide by them. Once accepted, the Applicant becomes a Tour Member.

2. HEALTH AND FITNESS REQUIREMENTS

It is the obligation of each Tour Member to ensure that he/she is in good health prior to the tour, having regard to the destination and

undertakings of the tour. Each Tour Member acknowledges that participation in the tour may be subject to medical clearance, and confirms

that he/she has answered the questions on the booking form or other requisite medical forms accurately and agrees to promptly inform

Unearthed Travel if any of the information supplied becomes incorrect before the scheduled departure date of the tour.

3. DOCUMENTATION

Upon reservation, we will need to obtain from you passport information including the following, in accordance with the Transportation Security Administration’s (TSA) Secure Flight program, as well as by our international travel partners: your full name as it appears on your passport, date of birth, and gender (for details, please visit www.tsa.gov). In the event an airline ticket is issued with incorrect information you have provided, or if you use a different passport than originally cited, you will be responsible for charges associated with the ticket’s reissue. A passport valid for at least six months after the completion of your tour is required for U.S. citizens on all tours. If your tour requires a visa(s), we strongly recommend that you have at least six blank visa pages available; for tours not requiring a visa(s), we recommend that your passport have at least three blank visa pages. We will send you specific visa and entry requirements after you make a reservation. You are responsible for obtaining these documents. If you are not a U.S. citizen, please contact your embassy or consulate to ensure you obtain the proper documentation.

4. INSURANCE

Unearthed Travel’s policy is to hold comprehensive travel insurance cover to include emergency, casualty evacuation, and compensation for loss or damage to certain property or possessions and public liability. The insurance obtained by Unearthed Travel does not cover the Tour Member in relation to the period prior to departure. Each Tour Member is responsible to obtain their own travel insurance for the period prior to departure that is suitable to their own needs.

5. PRICES AND EXTRAS

The price quoted includes all specialist equipment supplies, administration and travel arrangements both internal and external for tours with the following exceptions: (i) each Tour Member is responsible for arrangement and payment of all his/her costs for inoculations, passports, visas and airport taxes where required; (ii) each Tour Member is responsible for providing his/her own prescribed medical requirements, personal equipment and clothing as advised and detailed under the appropriate sections of the tour information and any supplementary written communications or instructions sent to Tour Members; (iii) tour costs are based on ground costs, airfares and exchange rates at the time of application and may be subject to fluctuations. Unearthed Travel endeavors to maintain its advertised price but reserves the right to increase this price without notice at any time up to and including the day of departure of any tour in the event of exchange rate fluctuations, increases in fuel costs, airport charges, airfares or increases in ground operator service fees; and, (iv) each Tour Member is responsible for emergency evacuation charges.

 

6. CANCELLATION

Each Tour Member acknowledges that he/she has been given the opportunity to take out travel insurance that may cover cancellations in some but not all circumstances. For all cancellations the following fees apply per Tour Member: (i) prior to 90 days before departure – total loss of first installment and 50% of any subsequent payments made; (ii) less than 90 days prior to departure and after commencement of travel - total loss of tour cost including first installment.

 

7. CALIFORNIA TOUR MEMBER’S RIGHTS

Right of California Customer to Make Claim on the California Travel Consumer Restitution Fund. You may be eligible for a refund for losses to a registered seller of travel that participates in the California state refund program. If you were located in California at the time of your purchase, you may have a right to file a claim for loses with the California Travel Consumer Restitution Corporation. Certain restrictions apply. For a claim form and additional information write to: Travel Consumer Restitution Corporation, P.O. Box 6001, Larkspur, CA 94977-6001 or by visit TCRC’s website at: www.tcrcinfo.org

 

8. VIABILITY OF TOUR

Where there are a number of cancellations or other circumstances arise beyond the reasonable control of Unearthed Travel so as to make the tour in the opinion of Unearthed Travel no longer viable, then Unearthed Travel shall: (i) in the case of cancellations be entitled to treat all Tour Members of that tour as having cancelled his/her participation in the cancelled tour; and, (ii) use its best efforts to join those Tour Members who wish to participate in a tour with another of Unearthed Travel’s tours.

9. SCHOOL TOURS

Where an Unearthed Travel tour has been formed with the assistance or acknowledgment whether informal or otherwise of a school and the school takes some action that withdraws that assistance or acknowledgment then Unearthed Travel is entitled to treat that action as a cancellation by each and every Tour Member.

10. ALTERATIONS TO DESTINATIONS, ITINERARY, TOUR LEADER, ETC.

Where circumstances arise such that in Unearthed Travel’s opinion it is necessary or advisable to make alterations to the destination or departure date of a tour and/or changes to itinerary, routes, length or dates of the tour, identity of the tour leader(s), including without limitation joining one tour with another, then Unearthed Travel shall be entitled to make any or all of such alterations and changes without prior notification to or consultation with the Tour Member.

11. AUTHORITY OF LEADER

Tour Members agree that they will abide by the decisions of the tour leader or leaders engaged by Unearthed Travel whilst a tour is in progress.

12. RIGHT OF WITHDRAWAL

Unearthed Travel reserves the right to withdraw any Tour Member at any time and the tour leader may, at any time require any Tour Member to leave the tour in circumstances in which Unearthed Travel determines the continued presence of the Tour Member prejudices the tour’s good order or discipline whether involving contravention of the law of any country through which a tour passes or otherwise.

13. LAST MINUTE PAYMENTS

Any payment made within 30 working days of the scheduled departure date of the tour must be paid by cashier’s check, or ACH payment and not by way of a personal check.

14. TRANSFERABILITY

This contract is personal to each Tour Member and/or their parent or legal guardian who shall not assign the benefit of this Contract without the prior written consent of Unearthed Travel.

15. FLIGHT ARRANGEMENTS

Unearthed Travel makes all decisions in the planning process of the tours. This includes without limitation decision making as to the identity of the operator, the aircraft flight number, departure date, and arrival destinations.

16. TRAVEL ADVICE AND VACCINATIONS

U.S. Citizens should refer to the travel advice posted by the U.S. Department of State at travel.state.gov for all the countries you intend to visit. Vaccinations may be required for some or all of the places you are intending to visit. It is your responsibility to ensure that you have arranged all necessary vaccinations for your itinerary.

17. HAZARDOUS MATERIALS DISCLAIMER

Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: paints, lighter fluid, fireworks, tear gases, oxygen bottles and radio-pharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. For further information review the information found at TSA’s prohibited items webpage at http://www.tsa.gov/traveler-information/prohibited-items. You agree to indemnify us and our affiliates, and any of our Suppliers, and any such parties’ officers, directors, employees and agents from and against any claims, causes of action, demands, losses, damages, or other costs, (including reasonable legal and accounting fees) brought by you or third parties as a result of (a) your breach of this Agreement, (b) your violation of any law or rights of any third party, or (c) your use of our website.

18. INDEMNITY

Each Tour Member and parent or guardian acknowledge that the enjoyment and excitement of the tour is derived in part by travel and activity involving risks beyond the safety of life at home or work. Each Tour Member and parent or guardian accepts all the inherent risks of the tour and all activities associated or ancillary thereto. By signing the booking form the Applicant or where the Applicant is under the age of 18 years his/her parent or legal guardian agrees to be bound by the conditions set out in this agreement. Applications will only be accepted if the

booking form is signed by both the Applicant and his/her parent or legal guardian. The Applicant and where the Applicant is under the age of 18 years the parent or legal guardian of the Applicant must carefully note the contents of tour information (which may include a code of conduct) provided by Unearthed Travel and the Applicant and parent or guardian must note and comply with the joining and other instructions set out in the tour information. Failure to do so may prejudice other Tour Members, Unearthed Travel and tour leaders causing consequential losses and expenses for which the parent or guardian of the Tour Member will at all times hereafter indemnify and keep indemnified Unearthed Travel and its employees. Each Tour Member and where the Tour Member is under the age of 18 years the parent or legal guardian of the Tour Member will at all times indemnify and keep indemnified Unearthed Travel, its employees and tour leaders against all liabilities incurred by any

or all of Unearthed Travel, its employees and tour leaders, the Tour Member and his/her parent or legal guardian by reason of any of the following: (i) Failure to ensure the Tour Member is in good health as set out in clause 2 of this agreement; (ii) Failure to have necessary documentation as set out in clause 3 of this agreement; (iii) The Tour Member being withdrawn from the tour as set out in clause 11 of this agreement; and, (iv) Failure to comply with any tour information (which may include a code of conduct) provided by Unearthed Travel.

19. OUR SERVICE PROVIDERS

We sell a variety of travel related products from different suppliers and service providers (“Suppliers”). Each Supplier has its own terms and condition that are applicable to your particular arrangements in addition to our general terms and conditions, and you should make sure you understand them. Certain software and content found on our website are owned or licensed by us or our Suppliers, your use of which may be subject to further conditions. Unearthed Travel is acting as intermediary or a “Booking Agent” for products and services that are not directly supplied by us (e.g., air carriage and ground transportation, hotel accommodations, meals, tours, cruises, etc.). We are not a co-vendor of such products and services. You will be entering into a separate contract with such Suppliers in connection with such products and services. All airlines tickets are subject to supplemental price increases that may be imposed after the date of purchase. Post-purchase price increases may be applied due to additional costs imposed by a supplier or government. You may be charged additional sums by Unearthed Travel to offset increased fees, fuel surcharges, taxes, and fluctuations in foreign exchange markets or any combination thereof. Acceptance of these terms and conditions hereby consent you to any post-purchase price increases and authorize Unearthed Travel to charge my credit card for such additional amounts.

20. UNEARTHED TRAVEL’S WARRANTIES

FOR THE AVOIDANCE OF DOUBT, REFERENCES HEREIN TO "US" "WE" AND "OUR" SHALL ALSO REFER TO OUR AFFILIATES. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED BY US OR OUR SUPPLIERS OR PUBLISHED ON OUR WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO SUCH INFORMATION THAT APPEARS ON OUR WEBSITE. WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. ANY RATINGS FOR SUPPLIERS ARE INTENDED ONLY AS GENERAL GUIDELINES, AND WE DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. WE MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED BY US OR CONTAINED ON OUR WEBSITE FOR ANY PURPOSE. THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES BY US DOES NOT CONSTITUTE OUR ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCT OR SERVICE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES THAT OUR WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM US OR OUR SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WARRANTY DISCLAIMERS MAY VARY FROM STATE TO STATE. THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF US. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND OUR CONTROL, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR OUR SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE OUR WEBSITE WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, DESPITE THE LIMITATION ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE SERVICE FEES YOU PAID TO US IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE, OR (B) ONE-HUNDRED DOLLARS (US$100.00) OR THE EQUIVALENT IN LOCAL CURRENCY. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

21. ARBITRATION

Any controversy or claim arising out of or relating in any way to these Booking Conditions, to the Responsibility Clause, to the brochure, or any other information relating in any way to the trip, or to the trip itself, shall be resolved solely and exclusively by binding arbitration in California, in accordance with the then existing commercial rules of the American Arbitration Association. In any such arbitration substantive California law

will apply. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable.

22. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to the principles of conflicts of law.

23. COPYRIGHT

Copyright of these terms and conditions remains vested in Unearthed Travel, LLC.

JOIN OUR MAILING LIST

© Unearthed Travel 2019
All rights reserved

2123193-40