The Giving Traveler is a travel agency and tour operator known for their experiences traveling the world and their heart for service. The terms "we", "us", "our", and “The Giving Traveler” refer to The Giving Traveler, LLC, a limited liability company organized and existing under the laws of the State of Texas. The term "you" “traveler” refers to the traveler making a booking with us and all members of your group.
CONTRACT. We draw your attention to the terms and conditions of travel below, these terms and conditions including all brochures, documents, correspondence and the terms and conditions of our suppliers form the basis of the contract with you. Before making a booking with us you must ensure that you have read and understood these terms and conditions (raising any questions you may have with us). 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 of 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 (the “lead guest”) 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 lead guest’s failure to share these Terms 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, (b) your forfeiture of any monies paid for your reservation or purchase, and (c) you being denied access to the applicable travel related product or service.
CHANGES TO THESE TERMS AND CONDITIONS. The Giving Traveler reserves the right, in our sole discretion, to change these terms and conditions at any time. Updated versions of the terms and conditions will be posted here on this website and are effective immediately on posting. If we make material changes, we will notify you. Please check frequently, especially before you make a booking, to see if these terms and conditions changed. Your continued use of our services including continuing to use or maintain any bookings after any changes to the terms and conditions constitutes your consent to the changes.
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 The Giving Traveler.
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. You may also be required to quarantine upon arrival in some locations. Some locations may require you to have a vaccination. You are responsible for understanding these requirements and must not rely on The Giving Traveler 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 below, for which we will not be liable.
You agree that due to uncertainty caused by COVID 19, The Giving Traveler 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, The Giving Traveler shall not be liable to any losses howsoever arising.
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 The Giving Traveler, 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.
Booking/Payment. When[JL1] you are ready to start your next travel adventure simply contact us either by email, phone or by filling out the contact information on the website. Your booking will be confirmed upon receipt of the completed booking questions and credit card authorization form and deposit or, if you so choose, payment in full. After booking you will receive your booking confirmation/invoice, an itinerary (if booking a specific tour), an invoice with payment information and/or installment information, and other important travel information. The invoice will contain a breakdown of the elements of your booking and your deposit and can either be paid in full upon receipt or in installments as described in the invoice. This invoice is subject to change until you receive confirmation that your travel is booked. All Deposits are NON-REFUNDABLE, unless stated otherwise in the Terms & Conditions of the Supplier.
Upon booking, we will provide you with instructions for payment. You must make all payments in full and on time. If payments are not received when due, we reserve the right to cancel your travel and apply the cancellation charges set out in the cancellation section below. Failure to make a payment may result in the cancellation of your travel. In such a case this would be considered a cancellation by you and the cancellation terms and fees as described below would be in effect.
Once payment in full for your trip is processed, you will receive i) a receipt and ii) a checklist of items for you to review travel documents. Please review documents carefully and promptly as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us as soon as possible with any corrections.
Air Arrangements
Please note that most airlines consider a name change to be a cancellation. Travelers are responsible to confirm airline baggage allowances for all flights.
International flights may have different requirements than domestic flights. Excess luggage fees are the responsibility of the traveler. Tickets of any kind are
payable in full and are NON-REFUNDABLE at the time of booking.
Airline tickets are completely NONREFUNDABLE and NONEXCHANGEABLE once purchased. We are not responsible for any loss, accident, injury, delay,
defect, omission, or irregularity which may occur, such as changes, additional expenses, and cancellations due to weather conditions, schedule changes
and other changes beyond our control. You agree to abide by safety guidelines of all airlines and hold us harmless from any liability due to airline
restrictions. Airline seat assignments are not complimentary on every airline. Charges for pre-assigned seats in advance of flight time may be subject to
additional charges from those carriers. We cannot guarantee seats in specific locations or next to each other. This is strictly based on availability at the time
seats are being selected. Airlines are at liberty to change the aircraft and seat assignment at any time. We cannot be held responsible for any changes made
by an airline or any additional charges imposed by those airlines, or any seats after they have been selected and paid in advance.
Hazardous Materials and Insecticides
All passengers are prohibited by Federal law from bringing hazardous materials aboard aircraft in their luggage or on their person. Violations can result in up
to five year’s imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Such materials include explosives, compressed gases, flammable fluids
and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: paints, lighter fluid, fireworks, tear gases, oxygen bottles and
radiopharmaceutials. There are special exceptions for small quantities (up to 70 ounces total) of medical and toilet articles carried in your luggage and
certain smoking materials on your person. You should contact your airline’s representative on your itinerary. Restrictions on hazardous materials are listed at
http://www.tsa.gov/traveler-information/prohibited items.
We recommend that you refer to the Department of Transportation (DOT) list of airports in countries that require airlines to treat passenger cabins with
insecticides prior to the flight or while on the aircraft. This list is on the DOT’s website as updated from time to time. http://www.dot/office-
policy/aviation/aircraft-disinfection-requirements.
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 have the ability to 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. The Giving Traveler 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 with regard to the supplier’s product description.
- Chargebacks resulting from force majeure or other circumstances that are beyond the control of The Giving Traveler or the Supplier.
- Chargebacks resulting because you do not agree with the cancellation policy.
PRICE AND RATE CHANGES. The price of your itinerary will be based on known costs at the date of issue of the itinerary. All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. Prices include a cost for local taxes that are estimated at the date of publication. At the time of booking confirmation, we will provide you with an invoice reflecting the current price.
We reserve the right to add a supplement to your travel prices should our costs of supplying your travel increase, until we receive your full payment. Any increase to your travel price will be as the result of changes in our costs of supplying your travel resulting from changes by our suppliers, dues or taxes payable locally, currency fluctuations and government action. If our costs to supply your travel increases, we reserve the right to increase the price of your travel and will forward a new Invoice reflecting any changes made. After full and final payment your price is locked in.
We reserve the right to make changes to and correct errors in advertised prices at any time before your travel is confirmed. We will advise you of any errors of which we are aware and of the then applicable price at the time of booking.
TOUR INCLUSIONS
Accommodations
Accommodations are provided as detailed in your itinerary. Special requests such as single rooms, lower floors, connecting rooms and smoking preference, must be made at the time of booking. While we will make reasonable efforts to communicate your requests to the supplier, such requests are not guaranteed and are at the discretion of the supplier. There may be additional charges for such requests which will be solely the expense of the guest making the request.
Travelers should be aware that hotel room sizes, standards and facilities can vary regionally and are often different from standards in the United States. This can include difference in bed sizes and room sizes, bathroom amenities, amenities such as air-conditioning and compliance with other standards such as ADA and wheelchair accessibility. One of the joys of international travel is experiencing different cultures and different ways of life so we hope that you will accept these differences with grace and a sense of adventure.
The Giving Traveler reserves the right, if necessary, to substitute other similar hotels for hotels listed on your itinerary. Such substitutions may be made at any time and without prior notice. We cannot be held responsible for hotel over-bookings; should such occur, we will undertake to find similar accommodations in the same area. Such substitutions are at Virture + Vice’s sole discretion and no refunds will be offered for changes in accommodations.
While we exercise due diligence in the selection of our partners, hotel and other accommodation profiles are based on information provided to us by the supplier. This includes images and descriptions of the properties and rooms. Additionally, travelers should be aware that star ratings or similar systems are based on country classifications and therefore can differ. While The Giving Traveler does its best to maintain current and accurate information regarding these suppliers, we cannot be held responsible for any inaccuracies in supplier descriptions, amenities, or images.
Transfers
The Giving Traveler is pleased to offer transfers in accordance with your individual itinerary. You must be on time for all transfers. There will be no refund for missed or unused transfers. You are responsible for all transfers to and from the airport and you must provide us your flight information no less than 21 days prior to departure. If at any time your flight plans change, you must notify us immediately. Failure to do so may result in missing a portion of the tour and no refund shall be due.
Meals
Meals are as indicated in the itineraries. Special diets should be requested at the time of booking; however, it may not be possible for special diets to be catered to in some of the destinations we feature. For safety and liability reasons, The Giving Traveler and its representatives cannot be responsible for directly accommodating any food allergies, or dietary requirements and restrictions, and is not responsible for any issues or problems associated with the same. We will advise the hotels of your request but we cannot guarantee their availability.
Sightseeing/Activities
Sightseeing tours and activities are included as indicated in the itineraries.
Round-trip Airfare
Roundtrip airfare is not included. However, we bring to your attention the importance of accuracy. Names provided to secure reservations must match travelers’ passport. Middle names are not required to appear on airline tickets. Date of birth and complete passport details are required. Any minor name corrections advised after airline tickets have been issued will incur fees. Not all name corrections will be permitted by airlines and may require the purchase of a new ticket. For domestic air travel, you must adhere to the airline’s requirements for Real ID’s. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation.
Changes to Itineraries
The Giving Traveler reserves the right to make changes to its published itineraries which we deem insignificant and are due to reasons beyond our control. In such cases, we will arrange for the substitution of comparable services.
While no changes are anticipated, there may be occasions when certain alterations become necessary. These can be due to religious holidays, national celebrations, or unforeseen events including weather, governmental closures, acts of God, or any other reason. The Giving Traveler reserves the right to change the itinerary due to such unforeseen circumstances or emergencies. Additionally, historic sites undergo renovations from time to time which can obscure viewing or otherwise change the nature of visiting these sites. No tours will be cancelled due to renovations, although The Giving Traveler may choose to amend itineraries for such sites. These changes will not be considered a material changes and will not be considered cause for cancellation by the guest.
If we suggest alternate activities in place of a planned stop 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.
WHAT’S NOT INCLUDED IN YOUR TOUR
Any items and matters not referred to in your itinerary are not included in the tour price. This can include, but is not limited to items such as checked and/or excess baggage; passport and visa fees; trip protection and/or insurances of all kinds; gratuities if not listed on your itinerary; laundry; phone calls; minibar; beverages and meals not detailed in the itinerary; Optional Experiences; and all items of a personal nature. Additional taxes and surcharges may be collected by foreign governmental and non-governmental entities. The price does not cover costs and expenses, including your return home, if you leave the tour whether of your own volition, our decision based on behavior that disrupts the trip, due to illness, action by any government or other reason. This list is illustrative and not a complete list of every item not included.
NON-OPERATION OF GROUP TOURS
All tours are based on a minimum number of participants. The Giving Traveler makes every effort to ensure that tours meet their minimum requirements. However, if the tour drops below the minimum number of participants cancellation of the tour may occur at the sole discretion of The Giving Traveler. In such case, guests will be advised at least 45 days prior to departure. The Giving Traveler reserves the right to change the departure date. We may offer alternative tour dates or other travel arrangements. You may choose to accept these arrangements or to cancel your booking, in which case a full refund will be provided. Any air cancellation will be in accordance with the terms of the carrier and The Giving Traveler will not be liable for the carrier’s refusal to make any refund whatsoever. In such case The Giving Traveler will not be liable for any additional costs incurred outside of the tour prices such as visa and passport fees, travel insurance or any other purchases made by the guest in anticipation of the tour.
CHANGES AND CANCELLATIONS
Changes by Traveler
Since changes are considered canceled services, additional cancellation penalties may apply. Changes are subject to additional hotel charges based on availability and may incur additional fees. Changes to airfare are subject to the carrier’s Terms and Conditions.
Cancellation
As described above, The Giving Traveler is required to pay all suppliers well in advance of your tour date. This includes but is not limited to hotel accommodations, meals, tickets, transportation, etc. All suppliers have their own cancellation policies, which apply to your booking. Should a cancellation become necessary, please inform The Giving Traveler immediately in writing and request a written confirmation of your cancellation. Upon, receipt, The Giving Traveler will follow industry procedures for any applicable refunds as outlined in the supplier’s terms and subject to their review. If you are entitled to a refund, please note that the supplier is responsible for this refund, not The Giving Traveler. Suppliers may choose to provide a travel voucher or credit in lieu of refund. We are not responsible for a supplier’s failure to pay a refund or for supplier bankruptcy or insolvency.
In addition, cancellation charges will apply. Cancellation charges are expressed at a percentage of quoted price as follows:
Days before Departure We Receive Notice of Cancellation
Cancellation Charge Per Person
More than 90 days
0%
31 to 90 days
75%
30 days or less
100%
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.
Airline tickets are governed by the air carriers’ terms and we are not responsible for any air carrier’s decision regarding refund.
Cancellation of Changes by The Giving Traveler
We reserve the right to cancel or reschedule any departure for any reason. If we cancel, except in the case of a force majeure event, we will offer alternate arrangements. We may at our sole discretion offer travel vouchers or refunds in accordance with the cancellation schedule above. Guest is responsible for any additional costs for air tickets or other travel arrangements not made by us.
If between planning time and/or during actual travel, circumstances require changes, The Giving Traveler and its suppliers, reserve the right to cancel or vary any itinerary and substitute components of any tour, including but not limited to hotels and accommodations of comparable quality, if air schedule or surface transportation charges, security matters, and/or other events make such alterations necessary. Suppliers may substitute transportation equipment depending on any variety of factors, including the volume of passengers on the tour. Sightseeing Tours may be altered as described above. The Giving Traveler cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason. These changes will not be considered material changes and will not be consider cause for cancellation by the traveler. Normal cancellation penalties still apply to the tour that has been changed.
NO REFUND FOR UNUSED ARRANGEMENTS. As The Giving Traveler’ prices are based on contract rates, 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.
FORCE MAJEURE. The Giving Traveler 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 The Giving Traveler that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the circumstances amounting to force majeure, we will not be required to refund any money to you, although if we can recover any monies from our suppliers, we will refund these to you without any charge by The Giving Traveler.
Travel Protection. Travel Protection Coverage is not included. However, it is the traveler’s responsibility to protect their purchases. For this reason, travel insurance and additional cancel for any reason coverage is strongly recommended. Such plan should cover Trip Cancellation or Interruption, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. Travel Protection Plans including cancel for any reason coverage must be purchased in close conjunction with your travel purchase.
The Giving Traveler is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. The Giving Traveler cannot evaluate the adequacy of the prospective insured's existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.
Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. The Giving Traveler cannot be held responsible for denied entry if a traveler is unable to provide details to authorities of insurance or denial of entry for any reason. Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate coverage, we will not be liable for any of your losses howsoever arising, for which trip protection plan coverage would otherwise have been available.
DESTINATIONS AND DOCUMENTATION. Travel to certain destinations may involve greater risk than others. The Giving Traveler urges Travelers to remain informed on a daily basis as to current news, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are in compliance with all requirements for admittance into that country, including COVID- 19 requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking. It is your responsibility to be aware of any and all requirements for admittance to a country or state, including Covid-19 requirements. Should you choose to travel to a country that has been issued a travel warning or advisory, The Giving Traveler will not be liable for damages or losses that result from travel to such destinations.
It is the responsibility of each traveler to obtain and carry a valid passport, visa(s), inoculations, and all other documents required by applicable government regulations. For up-to-date requirements US citizens should visit www.travel.state.gov. When travelling domestically within the USA or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight, found here: http://www.tsa.gov/traveler-information/acceptable-ids. The Giving Traveler strongly recommends that you take into account that certain countries will not admit a passenger if their passport expires within six (6) months of the date of entry. Non-USA citizens may require additional documentation. Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities.
Recommended inoculations for travel may change and you should consult your practitioner for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/.
You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing traveler to miss flight(s), and subsequent scheduled travel bookings tours. The Giving Traveler bears no responsibility for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry.
INSECTICIDE NOTICE. Travelers are encouraged to check the list of countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft on the U.S. Department of Transportation’s Web site, as this list is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements.
Non-Responsibility. The Giving Traveler, and its employees, shareholders, agents, and representatives use third party suppliers to arrange tours, transportation, sightseeing, lodging, and all other services related to this tour. The Giving Traveler is an independent contractor and is not an employee, agent, or representative of any of these suppliers. The Giving Traveler does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your tour. All suppliers are independent contractors and are not agents or employees or representatives of The Giving Traveler. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all travelers agree that neither The Giving Traveler, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any tour traveler or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of The Giving Traveler. The Giving Traveler assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any traveler that may result from any act or omission on the part of others; The Giving Traveler assumes no responsibility or liability for personal property; and The Giving Traveler shall be relieved of any obligations under these terms and conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. The Giving Traveler accepts no responsibility for lost or stolen items. The Giving Traveler reserves the right to refuse any traveler or potential traveler at its sole discretion.
Assumption of Risk/Waiver. Traveler is aware that travel such area as traveler is undertaking on the trip may involve inherent risks, some in remote areas of the world. Inherent risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, 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; your own negligence and/or the negligence of others, including tour guides, other travelers, The Giving Traveler and its employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; 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 excursion for which you are not prepared or other such accidents; 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.
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, traveler is 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 The Giving Traveler from any and all claims associated with the trip, including any claims of third-party negligence and/or the negligence of The Giving Traveler and traveler hereby covenant not to sue The Giving Traveler for any such claims or join any lawsuit or action that is suing The Giving Traveler. 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. In the unforeseen event The Giving Traveler is found liable, despite these terms, the maximum liability shall be for compensatory damages in the amount of the commission that would have, or was earned, or (in the case of tours) the tour price received. We shall not be held liable for any additional damages including punitive damages for any reason.
Indemnification. Traveler agrees to and shall indemnify and hold harmless The Giving Traveler, and each of our officers, directors, employees and agents (collectively “The Giving Traveler”), from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by The Giving Traveler (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.
Baggage Fees. Due to continual changes in airline baggage policies, it is suggested that you inquire with your airline's website for up-to-date fees & information. The Giving Traveler is NOT responsible for additional fees incurred for baggage or seating.
Re-Confirm Your Flight. The Giving Traveler advises you personally to re-confirm your flight schedule within 24 hours prior to departure directly with the airline in case of any last-minute changes or delays. Most airlines allow you to check in online 24 hours prior to departure.
Pre-existing Medical Conditions/Persons with Disabilities. The nature of many of the destinations we travel to means that in some cases they may be unsuitable for those who use a wheelchair or have a lack of mobility. However, we will be delighted to discuss the feasibility of your participation in any of our trips.
It is essential that you advise us before booking if you do have any disability or pre-existing medical condition (including pregnancy) which may affect your travel and/or tour, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. The Giving Traveler will communicate requests to Suppliers, but cannot be responsible if ADA accommodations are not available. Any accommodations provided will be at the sole expense of the traveler requiring the accommodation. Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act and may not have wheelchair accessibility.
Our Suppliers are, unfortunately, unable to offer additional assistance to travelers with limited mobility and all such assistance will need to be provided by whoever the traveler is traveling with. Travelers with disabilities must notify The Giving Traveler at the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel.
HEALTH. For the safety or our guests, The Giving Traveler reserves the right to request health information prior to travel and to exclude any participants it deems unfit for travel at its sole discretion.
PHOTOGRAPHIC/VIDEO LIKENESS. Traveler hereby gives consent to The Giving Traveler to publish any photographs and/or videos of the trip or traveler in printed or electronic media without obtaining further consent and without compensation. Each traveler releases The Giving Traveler and its representatives from any liability in connection with any use of such photographs and/or video.
CLASS ACTION WAIVER/LIMITATION of DAMAGES/Notice of Claim. You agree that you will only bring claims against The Giving Traveler in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. The Giving Traveler 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 The Giving Traveler unless you have first provided a typewritten notice of claim to The Giving Traveler within 30 days after the trip or cancellation of the trip. The terms and conditions of this agreement shall be governed and construed under the laws of the State of Texas and you agree the proper venue for any claims against The Giving Traveler shall be brought only within the State of Texas.
Entire Agreement & Severability: This agreement, including any other documents, including invoices, we provide you, constitutes the entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to The Giving Traveler. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.