TERMS & CONDITIONS

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1. Booking Contract

Your booking is confirmed and a contract exists with Exclusive Experiences LLC (us/we/ours) when we accept your payment. Upon payment acceptance you will receive written (email) confirmation by us. By booking a trip with us you have agreed to be bound by the Terms and Conditions set out here including any additional conditions that apply to your specific trip.

 

2. Application and Registration

In order for your booking to be considered you must submit an application to join a trip and submit personal information. You are responsible for ensuring that the information provided to us in your application is accurate, current and complete. Applying on behalf of others is not permitted. We reserve the right to decline any application for any reason at our sole discretion (section 4). If any information changes after your booking is confirmed, you must notify us of such changes to keep your information up-to-date (section 5). 

 

3. Refusal of Service

We reserve the right to refuse service or a booking to any traveler or potential traveler at any time, for any lawful reason, in its sole discretion.

 

4. Information Required

As a condition of booking you will be required to provide us with additional information including, but not limited to, passport information, medical conditions, and dietary requests/requirements.  In the event that you fail to supply the required information to us by the deadlines requested we reserve the right to treat your booking (or the relevant component of your booking) as canceled and levy any cancellation fees deemed reasonable by us at our sole discretion. The information required by us will vary by trip and will be communicated to you after your booking is confirmed. We will not be held responsible for any fees you incur as a result of errors, omissions, inaccuracies, late, misplaced or otherwise incomplete information you have provided to us.

 

5. Group Sizing

We target a minimum of 6 participants on each trip. It is possible the final group size ends up below the targeted minimum of 6 participants for reasons including, but not limited to, slowing demand, cancellations, and external events.

 

6. Changes by You

You are responsible for ensuring that information provided to us is accurate and up to date. Any updates to the information you have provided to us on any booking are subject to our approval. Any updates to a booking depend on availability and are subject to our approval and these Terms and Conditions. Any extra costs incurred for making the change will be charged to you along with an administrative fee. Cancellation of any trip will not be considered a change for purposes of this section and will be governed by the applicable cancellation terms. No changes to information provided to us on any booking is permitted within 10 days of the trip start date.

 

7. Pricing

Prices are based on current rates of exchange, tariffs and taxes and are subject to change without notice. We reserve the right to increase trip prices without notice to cover increased costs, tariffs and taxes, and to reflect fluctuations in foreign exchange markets, for example. Trip price is confirmed at the time of booking; should your trip price increase thereafter you will not be subjected to said price increase. We may, at times, offer promotional pricing, discounts and/or coupons; any such promotions (discount from the stated original trip price) may not be combined with any other promotion and/or discount. Promotions are available for a limited time, as defined on our website. We reserve the right to cancel or change any promotion at any time at our discretion. By booking a trip on a promotional basis, you agree and accept the terms that apply to the applicable promotion. In the event of any inconsistencies between these Terms and Conditions and the promotional terms, the promotional terms apply to your booking.

 

8. Inclusions & Exclusions

The inclusions and exclusions are specific to each trip and are specified in each trip page on our website. It is your responsibility to review and understand the trip inclusions prior to booking. In general, trips include transportation, accommodations (double occupancy), activities, and meals. External airfare (airfare to starting location and airfare from ending location), visa and passport fees, travel insurance, optional excursions or single room upgrades, tips and gratuities, excess baggage charges (unless otherwise specified), personal expenses, vaccinations are excluded.

 

9. Payments

If we have not received the entire trip cost payment by the due date, we reserve the right to treat the missed payment as a breach of contract, cancel your booking, and open your spot for another applicant without issuing any refunds or credits.  If, for whatever reason, we in our sole discretion do not approve your application all monies will be refunded entirely.

 

10. Cancellation by You

If you cancel some or all portions of your trip the cancellation terms set out below will apply. A cancellation will only be effective when we receive written confirmation sent to samaraarieltravel@gmail.com. If you cancel a trip:

1. 60 days or more prior to the trip start date you may choose between the following:

   • A refund of all monies paid less deposit less credits applied to the booking.

   • A “Credit” (equivalent to all monies paid less credits applied to your booking) valid for 1 year.

2. Between 30 and 59 days prior to the trip start date: we charge a cancellation fee of 50% of all monies paid inclusive of credits applied to the booking.

3. 29 days or fewer prior to the trip start date: we charge a cancellation fee of 100% of all monies paid inclusive of credits applied to the booking.

 

If you leave a trip for any reason after it has commenced, we are not obliged to issue any refunds whatsoever. If you fail to join a trip, join it after it has begun, or leave it prior to its completion, no refunds will be made.

Credits issued under this section are valid for 1 year from date of issuance and may be applied towards any trip offered by us, are not transferable to another person nor are redeemable for cash.

 

11. Cancellation by Us

We reserve the right to cancel, alter or postpone a trip at any time prior to the trip start date or after a trip commences for reasons including, but not limited to, concerns of safety and/or comfort of travelers, feasibility in operating the planned itinerary, and/or for circumstances of Force Majeure (as defined in section 23). In the event of any cancellation there will be no claim for any damages by either party against the other. We will not be responsible or liable for deposits, payments, incidental expenses, policies, or penalties for other services not included in the trip price, such as airfare, hotel bookings, travel insurance, visas, vaccinations or other items.

 

In the event that we cancel a trip before the trip start date for reasons other than Force Majeure, you will have the choice of accepting one of the following:

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1. A substitute trip of equivalent or superior value.

2. A substitute trip of lesser value with the difference in the price paid of the original trip less the value of the new trip refunded.

3. A 100% “Credit” of all monies paid.

4. A full refund of all monies paid less credits applied to the booking.

 

In the event that we cancel a trip before the trip start date and for reasons of Force Majeure, you will have the choice of accepting one of the following:

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1. A 100% “Credit” of all monies paid.

2. A refund less all non-refundable costs less credits applied to the booking.

 

In the event that we cancel a trip after the trip has commenced and for reasons other than Force Majeure, you will have the choice of accepting one of the following:

1. A Credit equivalent to the trip price divided by the number of days remaining on the trip.

2. A refund equivalent to the trip price divided by the number of days remaining on the trip.

 

In the event that we cancel a trip after the trip has commenced and for reasons of Force Majeure, you will have the choice of accepting one of the following:

1. A Credit equivalent to the trip price divided by the number of days remaining on the trip.

2. A refund equivalent to the trip price divided by the number of days remaining on the trip less all non-refundable costs.

 

Non-refundable costs include, but are not limited to, deposit monies that we have received from you and paid to our suppliers and counterparties, cancellation penalties imposed by third parties, transaction fees associated with all payments and refunds, and foreign exchange fees.

 

Credits issued under this section are valid for 3 years from date of issuance and may be applied towards any trip offered by us, are not transferable to another person nor are redeemable for cash.

 

12. Credits

Credits may only be redeemed once; once a credit is redeemed the amount of that value is non-refundable and non-transferable under any circumstances. When credits are used your new booking will be bound to the latest Terms and Conditions found on this page. Credits are considered a payment method (for purposes of section 1). To use existing credits please email samaraarieltravel@gmail.com to complete your new booking.

 

13. Authority on Trips

Our trips are run by a “Group Leader.” The decision of the group leader is final on all matters likely to affect the safety or well-being of any person participating in the trip. If you fail to comply with a decision made by a Group Leader, or interfere with the well-being or mobility of the group, the Group Leader may direct you to leave the trip immediately thereby terminating your trip. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals. We may also elect not to carry you on any future trips. You must at all times comply with the applicable laws and regulations of all countries and regions visited. Your Group Leader reserves the right to terminate your trip should you violate any applicable laws or regulations. If you are not present at the time stated in your itinerary your Group Leader reserves the right to carry on without you so as not to divert from the itinerary. We are not responsible for any incidental expenses that may arise during this time in which you are “separated from the group” nor are we responsible for your health, safety, well-being, or any other liabilities during this time.

 

14. Medical

You are responsible for assessing whether a trip is suitable for you. You should consult your physician to confirm your fitness for travel and participation in any planned activities. You should seek your physician’s advice on vaccinations and medical precautions. We do not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the trip based on your own unique circumstances, limitations, fitness level and medical requirements.

 

Traveling with us may involve visiting remote or developing regions, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country. The condition of medical facilities in the countries you may visit on your trip varies and we make no representations and give no warranties in relation to the availability or standard of medical facilities in those regions.

 

15. Insurance

Travel insurance is compulsory for all participants on all our trips. Your travel insurance must provide coverage against personal accident, death, medical expenses, and emergency repatriation covering all applicable dates of travel with us.  While the recommended minimum coverage is $200,000 for each of the categories of cover, we require at least $100,000 of coverage for medical expenses and emergency repatriation. We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. Travel insurance information must be submitted to samaraarieltravel@gmail.com. If you obtained third party travel insurance, you must provide your travel insurance policy number and the insurance company’s 24-hour emergency contact number. If you have travel insurance connected to your credit card or bank account, please ensure you have details of the participating insurer, the insurance policy number and emergency contact number with you rather than the bank’s name and credit card details. 

 

If your booking is confirmed 14 days prior to the trip start date, proof of travel insurance must be submitted13 days prior to the trip start date; if your booking is confirmed 13 days or less prior to the trip start date, proof of travel insurance must be submitted 24 hours after your booking has been confirmed.  In the event that you do not complete the required form by the deadline indicated above we reserve the right to cancel your booking and applicable cancellation fees will apply. It is your responsibility to ensure that you have sufficient coverage meeting our requirements including the applicable dates of travel.  We are not responsible for verifying that your travel insurance coverage  meets our minimum requirements nor bound for the applicable dates of travel .  Failure to provide proof of insurance or obtaining incorrect coverage is considered to be in breach of this contract.

 

We recommend the travel protection plans provided by Travelex Insurance Services which provide coverage for trip cancellation/interruption, trip delay, baggage loss, theft or damage, medical expense and emergency evacuation and more. For more information on available plans or to enroll, go to travelexinsurance.com or contact Travelex Insurance Services at 800-228-9792 and reference location number 32-0855. The product descriptions provided here are only brief summaries. Coverage and rates may vary by state. Travel Insurance is offered on behalf of and under the direction of Travelex Insurance Services. The full coverage terms and details, including limitations and exclusions, are contained in the insurance Policy. Travelex Insurance Services, Inc. CA Agency License #0D10209. Travel Insurance is underwritten by Berkshire Hathaway Specialty Insurance Company; NAIC #22276. U96

 

16. Airfare

External airfare (i.e., flights to/from the trip start and end points) is never included in any trip price. You are responsible for ensuring that your airfare includes the appropriate arrival and departure dates and any timing requirements specific to your trip. We are not responsible for mistakes or errors in airfare bookings made by you or any third parties. We are not responsible for any change to airline schedules or flight numbers or for any additional expenses or loss that may arise from airline strikes and/or airline, airport, or weather delays. We will not reimburse travelers for any additional expenses incurred as a result of such events or delays. Internal flights (i.e. flights as part of the itinerary occurring after the trip has commenced and before the trip has ended) may be included in some trips as indicated on the specific trip page.  For internal flights each airline has its own baggage allowance policy, and some airlines may impose additional charges for checked baggage. If you exceed baggage allowances or choose to check a bag on an airline that doesn’t include baggage in the fares that we have booked, you are responsible for any additional fees.

 

17. Travel Documents

It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies. You must have a passport that is valid 6 months after the day that your trip ends. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the trip, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by us that is a direct result of your failure to secure or be in possession of proper travel documentation. We do not provide advice on travel documents and make no representations or warranties as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and you agree that we are not responsible for any errors or omissions in this information.

 

18. Chargebacks

You agree that credit/debit chargebacks are not an appropriate way to avoid our cancellation and refund policy. We will vigorously dispute any chargeback request, provide this agreement as proof that you agreed to our cancellation and refund terms, and reserve the right to report fraudulent chargebacks to authorities. You agree to reimburse us for any fees and expenses associated with rebutting your chargeback including attorney’s fees, time, and any other costs in the process and pay any damages we suffer as a result of your chargeback dispute.

 

19. Claims & Complaints

If you have a complaint about your trip please inform your Group Leader at the time so that they can attempt to rectify the matter. If you believe that your complaint has not been resolved through that means, then any further complaint should be put in writing to us within 14 days of the end of the trip by emailing us at samaraarieltravel@gmail.com. We have no obligation to address any claims received after this time frame.

 

20. Image Release

We reserve the right to use, re-use, link to, repost and reproduce any images, photos, or videos that are taken by our guides, group leaders and/or other travelers of you individually or in a group including those posted online, on social media, in any medium, including but not limited to print, or electronic media, free of charge and without your right to inspection, for promoting and publicizing our products and services worldwide. By booking a trip you allow us all these specific rights. If you do not wish to grant us these specific rights, you must notify us in writing to samaraarieltravel@gmail.com at least 14 days before the trip begins.

 

21. Optional Excursions & Supplements

We may offer optional excursions and other supplemental charges such as single room upgrades which are specific to each trip and date. Activities that are not included in the trip price do not form part of the trip or this contract (hereby referred to as “Optional Excursions”). You accept that any assistance given by us, your group leader or local representative in arranging optional excursions does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider. When single room supplements are added in the booking, they are considered part of the trip price. We reserve the right to cancel or modify optional excursions and supplementals based on availability, local constraints, weather, and other unforeseen circumstances. If we cancel an optional excursion or supplement, we will provide you with a full refund. We are not liable for any losses associated with any changes to or cancellations of optional excursions or supplementals.

 

22. Changes to Itineraries

We may modify your itinerary where reasonably required in its sole discretion. If we make a change affecting at least one in three full days of the itinerary or which materially affects the character of a trip in its entirety (a “Material Change”), we will provide notice to you as soon as reasonably possible, provided that there is sufficient time to do so before the trip start date. If a Material Change is made before the trip start date, you may choose one of the following:

1. Accept the Material Change and proceed with the amended itinerary.

2. Accept a “Credit” equivalent to the value of all monies paid including credits applied to the booking.

3. Cancel the amended itinerary and receive a full refund of all monies paid.

 

If your trip start date is at least 10 days away, you must notify us of your choice within 5 days of receiving notice; if your trip start date is less than 10 days away you must notify us of your choice within 24 hours. If you do not notify us by the notification period outlined prior or you will be deemed to accept the amended itinerary. Credits issued under this section are valid for 3 years from the date of issuance may be applied towards any trip offered by us, are not transferable to another person nor are redeemable for cash.

 

Once a trip has begun, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment or comfort. Any changes are at the discretion of the group leader. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel with us, whether or not such expenses arise from a change of itinerary, and we are not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. We are not liable for any indirect and or consequential losses associated with any changes to a booking or itinerary.

 

23. Force Majeure

Force Majeure includes but is not limited to: acts of God; war; threat of war (declared or none); rebellion; terrorism; theft; civil commotion/disturbance; riot; blockade or embargo; fire; explosion; breakdown; union dispute; earthquake; epidemic, pandemic or other health emergency; flood; quarantine; sickness; insurrection; windstorm or other extreme weather event; lack or failure of courses of supply; labor strikes; border restrictions/closers; government intervention of any kind including, but not limited to, passage of any law, order, proclamation, regulation, ordinance, demand, requisition or requirement or any other act of any government authority.

 

24. Third Parties

We make arrangements with accommodation providers, activity providers, airlines, coach companies, transfer operators, shore excursion operators, trip and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your trip. Third Party Suppliers may also engage the services of local operators and sub-contractors. Although we take all reasonable care in selecting Third Party Suppliers, we are unable to control Third Party Suppliers, do not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third-Party Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the Third-Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate, and we do not warrant that any Third-Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction. We are not liable and will not assume responsibility for any claims, losses, damages, costs, or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress, or frustration, whether physical or mental, resulting from the act or omission of any party other than us and our employees. We are not liable for the acts or omissions, whether negligent or otherwise, of Third-Party Suppliers or any independent contractors.

 

25. Acceptance of Risk

You acknowledge that the trips and services offered by us may involve a significant amount of risk to your health and safety. By traveling with us you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risks and release us from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including but not limited to visiting foreign destinations and participating in adventurous activities such as those included in our itineraries or otherwise offered by us, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with developing infrastructure. 

 

Standards of hygiene, accommodation, and transport in certain countries where trips take place might be lower than the standards you may reasonably expect in your home country or region. You agree that we are not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where a trip or service is operated. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.

 

You agree to take all prudent measures in relation to your own safety while on a trip including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither we nor our Third-Party Suppliers (section 24) are liable for loss or damages caused by your failure to comply with safety instructions or warnings.

 

It is your responsibility to become informed about the most current travel advisories and warnings by referring to the U.S. State Department’s travel website at travel.state.gov/ or by phone at 1-888-407-4747. You assume all risk of personal injury, death or property damage that may arise out of traveling to a country or region with an active State Department Travel Warning.

 

26. Damages

You are responsible for any costs (including repair, replacement and cleaning fees) incurred by us or any or our suppliers or counterparties for property damage, destruction or theft caused by you while on a trip. You agree to immediately report any pre-existing damage to your group leader or staff of the accommodation, transportation service, or facility as soon as possible upon discovery.

 

27. Liability

We do not own or operate any entity which is to or does provide goods or services for your trip, including for example hotels; arrangements for, ownership of, or control over houses, apartments, or other lodging facilities; group leaders; airline, vessel, bus, or other transportation companies; local ground operators; visa processing services; medical testing services; providers or organizers of optional excursions; or food service or entertainment providers. You acknowledge that all such persons and entities, including the group leader assigned to your trip, are independent contractors and not employees or agents of ours. As a result, we are not liable for any negligent or willful act or failure to act of any such person or entity, or of any other Third Party (section 24).

Without limitation, we are not responsible for any injury, loss, or damage to person or property, death, disease, sickness, delay, or inconvenience in connection with the provision of any goods or services occasioned by or resulting from any event or cause beyond the direct control of us or as a result of any negligent or willful act or failure to act of any third party. These matters include but are not limited to: events of Force Majeure (section 23); overbooking or downgrading of accommodations; structural or other defective conditions in houses, apartments, or other lodgings (or in any heating, plumbing, electrical or structural problem therein); mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely; dangers associated with or bites from animals, insects or pests; sanitation problems; food poisoning; lack of availability of, access to, or quality of medical care; difficulty in evacuation in case of a medical or other emergency; financial failure or other defaults by suppliers; or dangers associated with water-based activities.

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You agree to release us and your group leader (the “Released Parties”) from, and agree not to sue the Released Parties for, any and all claims, of any nature related in any manner to your participation on a trip, including, but not limited to, claims for negligence, breach of contract, breach of express or implied warranties, negligent or wrongful death or any statutorily based claim. You hereby unconditionally and unequivocally waive any and all claims and demands for all damages, losses, costs and expenses of any nature whatsoever (including attorney’s fees) on account of or arising out of any and all personal injury, death, bodily injury, sickness, mental anguish, emotional distress, property or other damage that you may suffer from any cause whatsoever related in any way to your participation in any of our trips. You further agree to release and hold harmless the Released Parties from any and all decisions to cancel, modify or delay the trip as a result of events that are beyond the reasonable control of ours including Force Majeure events or any other reason that makes it actually or potentially impossible or illegal for us to conduct the trip as originally contracted.

 

28. Severability

In the event that any term or condition contained in these Terms and Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason than such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining Terms and Conditions to survive and continue as binding.

 

29. Amendments

We reserve the right to update or alter these Terms and Conditions at any time and will post the amended Terms and Conditions on our website at samaraariel.com/terms. An up-to-date copy of these Terms and Conditions, as amended, may be accessed at any time on our website and will be sent to you upon written request to us. You are deemed to have accepted any amendments to these Terms upon booking your trip. We recommend that you refer to the Terms and Conditions prior to travel to familiarize yourself with the most up-to-date version available.

 

30. Applicable Law

All trips, products, bookings, and reservations (including but not limited to those made online), policies, and Terms and Conditions are subject to the laws of the State of California, and all travelers submit to the exclusive jurisdiction of the state and federal courts located in San Diego, California, United States for the resolution of any dispute under these Terms and Conditions or matters concerning us.