THE 2022 DESERT SMASH, LA QUINTA, CA
BOOKING TERMS AND CONDITIONS
Insider Expeditions, on behalf of Legends Abroad, (hereinafter “Insider”, “We”, “Us”) specializes in curating and hosting one-of-a-kind experiences for groups and individuals (hereinafter “you” “traveler”) on all seven continents such as this 2022 Desert Smash (“Tour”). Please read and understand the terms and conditions of booking set out below, as they affect your legal rights and responsibilities.
1. OUR CONTRACT
By booking a trip with us, you are deemed to have agreed to these Terms and Conditions and the terms and conditions of our suppliers, including the participating hotels, ground operators and restaurants and your booking will be accepted by us on this basis. Before making a booking with us you MUST confirm that you have fully read and understood these Terms and Conditions (raising any questions you may have with us prior to booking).
Please be aware that these Terms and Conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses. By asking us to confirm your booking, you are accepting all the Terms and Conditions laid out below and acknowledging that you have read the terms of this contract and agree with it.
If you are making a booking as a group, the leader of the group is responsible for sharing these Terms and Conditions with all members of the group and is financially responsible for the booking. We will not be liable for a group leader’s failure to share these Terms and Conditions with all travelers in their group.
You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these Terms and Conditions on their behalf, and (c) the information supplied by you, or members of your group is true and correct.
Violations by You. You agree that any violation of any such Terms and Conditions may result in (a) the cancellation of your reservation or purchase without a refund, (b) you being denied access to the applicable travel related product or service and (c) your forfeiture of any monies paid for your reservation or purchase..
2. COVID 19 RELEASE OF LIABILITY
By booking a tour at this time, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself and any minors traveling with you, that you or they may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time you book your tour. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling that cannot be controlled or eliminated by Insider.
You acknowledge that due to the uncertainty of travel at this time, your tour may be postponed or cancelled, or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. Some locations may require you to have a vaccination and proof of a negative covid test at your own expense. Upon return home, additional requirements and/or testing may apply. You are responsible for understanding these requirements and must not rely on Insider to provide these details. You understand that you may become sick before, during, or after the tour and may not be able to travel and such cancellation or interruption will be subject to our cancellation terms and COVID- 19 Cancellation below.
You agree that due to uncertainty caused by COVID 19, Insider has strongly encouraged the purchase of travel protection coverage including Cancel For Any Reason coverage if and when available, and that should you fail to purchase travel protection coverage, Insider shall not be liable to any losses howsoever arising. You assume the risk that travel insurance may not cover COVID-19 related claims.
You, for yourself, and any minors traveling with you, and on behalf of your and their heirs, assigns, personal representatives and next of kin (The Releasors), HEREBY RELEASE, AND HOLD HARMLESS Insider Expeditions, its members, officers, agents, and/or employees, suppliers, and other tour members (RELEASEES), of, from and against any and all claims, damages, demands, losses, and liability arising out of or related in any way, in whole or in part to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID- 19, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.
Dates, itineraries, and prices for this program are valid only for THE 2022 DESERT SMASH, May, 2022.
4. DEPOSIT, PAYMENT, AND CANCELLATION
Full payment must be received by February 10, 2022 to secure your spot. Deposits and confirmations will be offered on a first-come, first-serve basis with a waiting list created for cancelations. Full trip payments may be made by personal check or credit card. The returned check fee is $100. You can book with the utmost confidence as Insider guarantees that you will be refunded if Insider cancels the expedition.
More flexible payment timelines can be made available as necessary; please write to email@example.com to inquire about a customized payment timeline.
All payments are non-refundable after February 10, 2022 (30 days or less before departure), the cancellation fee is 100% of total trip cost.
Credit Card Bookings
While we do accept major credit cards including Visa, Mastercard, American Express, and Discover, travelers must provide to us a click or signed authorization for every transaction for your trip. Your authorization is an agreement for us to charge your card and an acknowledgement and agreement to these terms and conditions including the cancellation terms. As such you agree not to make any improper chargebacks.
In certain cases, you can dispute charges with credit card companies (“chargebacks”). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. Insider retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:
- Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
- Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
- Chargebacks arising from inconsistency or inaccuracy regarding the supplier’s product description.
- Chargebacks resulting from force majeure or other circumstances that are beyond the control of Insider or the Supplier.
- Chargebacks resulting because you do not agree with the cancellation policy.
Extenuating Circumstances for COVID-19.
Traveler safety is our number one priority. If authorities deem it unsafe to travel, we will work to postpone the trip to a future date. In the event of official trip cancellation by us due to COVID-19 or for any other reason, all participants will be fully refunded.
If the reason for cancellation is covered under the terms of your travel protection plan you may be able to reclaim these charges, for this reason we strongly encourage the purchase of a travel protection plan including additional Cancel For Any Reason coverage.
5. YOUR DETAILS
In order for us to confirm your travel arrangements you must provide all requested details. Necessary details include any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. Travelers voluntarily assume full and sole responsibility for all risks and/or costs involved with failure to report any errors and/or omissions to documentation.
6. PERSONAL INFORMATION
Please ensure the information you’ve provided in this web form is correct. Insider will not be responsible for omissions or errors if not brought to our attention immediately.
7. FORCE MAJEURE
Safety is the most important priority of our travelers and team. Insider assumes no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other Force Majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Insider that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.
The following inclusions are subject to change based on factors that may be out of Insider control.
- Four nights hotel accommodations
- All events, activities, ground transfer and tours as specified in itinerary
- Associated service taxes and fees through the program
- All gratuities
- Plenty of special surprises and gifts around this once in a lifetime adventure
- International or domestic flights
- Any pre or post trip stays
- Optional tours and activities
- Expenses of a purely personal nature
- Transportation of luggage in excess of weight allowance
- Travel insurance
- Any additional COVID-19 tests or vaccinations, insurance, etc required to travel
- Costs associated with trip interruption or modification due to weather, travel conditions, medical emergencies, or other causes beyond our control
- This list is illustrative and not a complete list of every item not included
You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities, and mode of transport may be subject to alteration without prior notice due to local circumstances or events. These changes will not be considered material changes and will not be considered cause for cancellation by the guest.
If we suggest alternate activities in place of a change or in case of leisure time, such suggestions do not constitute our endorsement. In such a case you will be subject to the terms and conditions of the supplier of the activity and your only recourse in case of damage will be against the supplier of the alternate activity.
11. AUTHORITY ON TOUR
Our group 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.
12. NO REFUND FOR UNUSED ARRANGEMENTS
Insider’s prices are based on contract rates, and there will not be any refund for any unused portion of a travel booking. If you cancel while the trip is in progress, there is no refund for the unused portion.
Traveler agrees to and shall indemnify and hold harmless Insider, and each of our officers, partners, directors, employees and agents (collectively “Insider”), from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by Insider (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) traveler’s breach or violation, or threatened breach or violation, of this Agreement and (ii) Any damage caused by traveler while participating in the trip.
14. ACCEPTANCE OF RISK
You acknowledge that the nature of the trip is adventurous, and participation involves a degree of personal risk. You will be visiting places where the political, cultural, and geographical attributes present dangers and physical challenges greater than those present in our daily lives. Inherent risks include, but are not limited to, risk of injury or death from: incidents on board the vessel including, slips, falls, and being thrown overboard or other injuries due to your own negligence or from the movement of the ship; weather conditions at sea including squalls, arctic cyclones, water spouts, encounters with ice floats, icebergs, or growlers; accidents at sea which may require evacuation from the vessel; injuries during land expeditions including slips and falls due to ice or obstructions on trails, improper use of equipment, or failure of equipment, whether from your own negligence or the negligence of others including employees and/or agents of Insider; encounters with or attacks by marine life, animals and/or insects; exposure to plant life; criminal or terrorist acts; government actions; consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind (you acknowledge that such exposure may lead to hypothermia and death); your own negligence and/or the negligence of others, including tour guides, other travelers, Insider Expeditions and its employees, agents and/or representatives; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness; known or unknown medical conditions; physical exertion for which you are not prepared or other accidents that result from physical activity; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.
Antarctica is a remote region and our voyage will take us away from airports, population centers, and most of civilization. At all times, our safety and passenger comfort will be the top priority. It will not be possible for a traveler to depart the vessel mid-voyage for personal elective reasons without an emergency airlift evacuation ordered by the ship’s doctor that would be significantly costly. Insider will be securing medical evacuation insurance up to $250,000 USD for each traveler. Insider cannot guarantee this would cover the full cost of medical emergency services required. Moreover, maneuvering the ship to facilitate evacuation has the potential to cause significant disruption to the itinerary and experience of other travelers. Travelers participating in the voyage agree that they will be unable to depart the voyage early for any elective reason. It is important for travelers to realistically understand and agree to the logistics of an ocean voyage to the most remote parts of the planet, as unforeseen events at home related to work or family can always occur.
Traveler understands the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip, the traveler must be willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness, and death. Traveler hereby accepts and assumes full responsibility for any and all risks and agrees to and shall hold harmless and fully release Insider Expeditions from any and all claims associated with the trip, including any claims of third party negligence and/or the negligence of Insider, and traveler hereby covenants not to sue Insider Expeditions for any such claims or join any lawsuit or action that is suing Insider. This agreement also binds your heirs, legal representatives, and assigns. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.
15. LIMITATION OF LIABILITY
We contract with a network of companies, government agencies and individuals to assist in the running of our trips as agents for these third parties. We are not responsible for the acts and omissions of these third parties.
To the fullest extent permitted by law:
Any liability for any loss, death, injury, or damage which you may suffer (directly or indirectly) in connection with or arising out of your participation in a trip, or any breach of the Booking Conditions, is excluded.
You release us and our officers, employees, agents, and representatives from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in a trip.
Any condition or warranty which would otherwise be implied by law into these Booking Conditions (Implied Warranty), is excluded.
To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion): (i) the provision of a similar trip to an equivalent value; or (ii) a refund of the total amount received by us from you in connection with your booking.
Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive, or exemplary damages.
Insider and their employees, shareholders, affiliates, officers, directors, successors, agents and assigns neither own nor operate any entity which is to, or does, provide goods or services for your trip including, for example, lodging facilities, airlines, vessels, vehicles, or other transportation companies, guides, or guide services, local ground operators, providers or organizers of optional excursions, food services providers, etc. All such persons and entities are independent contractors and not affiliated with Insider in any way. Insider makes these travel arrangements under the express condition that Insider is not liable for any negligent or willful act or failure to act of any such person or entity of any third party. In addition, and without limitation, Insider is not responsible for any injury, loss, death, inconvenience, delay, expense, irregularity or damage to person or property in connection with the provision of any goods or services, by any company or individual engaged in providing those services. Each of these passenger conveyance companies, tour companies, hotels, restaurants, guides, etc. is subject to the laws of the state or country where the services are provided.
Baggage is entirely at owner’s risk. Personal effects are the sole responsibility of the owners at all times. We reserve the right to decline to accept or retain any person as a participant on these trips at any time, or to require any person to withdraw from the tour at any time, when such action is determined by their representatives to be in the best interests of their health, safety, and general welfare of the tour group or individual. Any physical or mental condition that may require special medical attention must be reported in writing at the time of reservation. We reserve the right to withdraw without penalty any tour announced and refund all money.
By submitting the deposit, the participant certifies that he/she does not have any mental, physical, or other condition of disability that would create a hazard for him/herself or other participants and accepts the terms and conditions of this contract.
Insider shall not be liable or responsible for any loss, damage, cost, or expense of any kind to any Guest or any other person or entity if such participation is prevented or such loss, damage, cost, or expense is caused by or results directly or indirectly from any act of God, war, fire, collision, directions of underwriters, arrest, order or restraint by any government agency or official acting under color of authority, acts of terrorism, labor disturbances or disputes, civil commotion, weather conditions and considerations of the safety of the vessel (for which the Master shall be the sole judge), breakdowns of or damage to the vessel’s hull or machinery, requisition of the vessel by governmental authority, illness, death of a family member or other cause or circumstance beyond Insider’s reasonable control.
16. OPTIONAL ACTIVITIES
Optional activities not included in the trip price do not form part of the trip or this contract. You accept that any assistance given by your group leader or our local representative in arranging optional activities 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.
17. CLAIMS & COMPLAINTS
If you have a complaint about your trip, please inform one of the group leaders on the program, or email immediately firstname.lastname@example.org the time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means, then any further complaint should be put in writing to us within 30 days of the end of the tour.
In the event that any term or condition contained in these Booking Conditions is deemed unenforceable, or void by operation of law or as being against public policy or for any other reason, then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
Any personal information that we collect about you may be used for any purpose associated with the safe and effective operation of a Trip. The information may be disclosed to our agents, service providers or other suppliers to enable us to operate the Trip.
20. APPLICABLE LAW /CLASS ACTION WAIVER/LIMITATION OF DAMAGES/NOTICE OF CLAIM.
Insider Expeditions is a US-based tour operator and any and all claims, complaints, or disputes, must be undergone in the jurisdiction of the United States. The laws of Washington, DC, USA govern these Booking Conditions to the fullest extent allowable.
Any disputes in connection with a trip or these Booking Conditions must be initiated in the courts of Washington, DC. You agree that you will only bring claims against Insider in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. Insider shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages.
You understand and agree that no claims will be considered and that you will not bring suit against Insider Expeditions unless you have first provided a typewritten notice of claim to Insider within 30 days after the trip or cancellation of the trip.
21. MARKETING, PHOTO, AND VIDEO RELEASE
By agreeing to these Terms and Conditions you are granting permission for Insider and its partners to use your likeness in any marketing materials or content created from photo or video captured while onboard, without payment or other considerations. You authorize Insider to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, you waive any right to inspect or approve the finished product wherein your likeness appears.
22. UPDATING OF TERMS AND CONDITIONS
These terms and conditions supersede and replace all prior terms and conditions, whether written or oral, proposed or otherwise, regarding the subject matter hereof. We reserve the right to update these terms and conditions at any time and to notify registered travelers that they have been updated.