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FERNWEH BACKPACKERS, LLC
GENERAL TERMS AND CONDITIONS OF SERVICE
These General Terms and Conditions of Service together with any other written information provided by us in connection with any services offered or to be provided to you (these “Terms”) form the basis of your contract with Fernweh Backpackers, LLC (“we”, “us”, “our”, “Fernweh”). In these Terms references to “you” and “your” include the person shown on the order and all persons on whose behalf an order is made.
Where Fernweh Backpackers is acting as an agent for a third-party service provider, such third party may require your agreement to other or additional terms and conditions, in which case you agree to be bound by such other or additional terms and conditions, in addition to these Terms.
1. Order Deposit; Final Payment and Required Documents; No Refunds Issued
Deposit. To secure the services and hold your reservation a non-refundable deposit is required at the time of order. Deposit amounts vary depending on the services ordered. You will be notified of the exact deposit amount at the time of order. Payment in full may be required on orders placed within thirty (30) days of a scheduled departure (or within the number of days set forth by Fernweh) or on orders for certain services or guided tours in certain locations. Payment can be made using all major credit cards, paypal, or other payment methods Fernweh hereinafter accepts. All service and tour offerings are subject to availability and we reserve the right to return your deposit or payment and decline to issue an order confirmation at our absolute discretion.
Final Payment and Required Documents. Final payment, including any applicable surcharges or order-related costs, and all completed documentation or other information required by Fernweh (e.g., release forms, etc.), must be received by Fernweh no later than sixty (60) days before the date of departure, or earlier as required by Fernweh. If final and full payment and/or the necessary documentation are not received by Fernweh on the applicable due date, reservations are subject to cancellation and deposits subject to being forfeited.
No Refunds. There will be NO REFUND issued once an order has been placed with Fernweh. Your right to a refund for changes or cancellation of your travel plans is extremely limited. All cancellation requests must be sent to Fernweh in writing. As a result of cancellation, Fernweh and third-party supplier’s cancellation penalties will apply. If you have any questions, or any penalties are unclear, please contact Fernweh. All cancellation fees will be charged to the credit card used at the time of order or the credit card used to place your non-refundable deposit. Fernweh reserves the right to pass on any charges we incur in connection with cancelled orders, returned checks, collection efforts, or credit card or bank charge backs.
2. Pricing; Changes to Order; Cancellation by Fernweh
Prices Subject to Change. All prices are quoted in U.S. dollars and are subject to change at any time, without notice. Fernweh reserves the right to make adjustments if a particular rate was incorrectly stated. Government and supplier-imposed taxes and fees are subject to increase at any time and are not covered by Fernweh. Prices do not include baggage or seat assignment fees or other ancillary fees, passport and visa fees, certain departure taxes, gratuities, meals, beverages, insurance, telephone calls, additional bedding charges, laundry service, and other miscellaneous charges except where specifically noted. You will be responsible for any change to the prices as they relate to your order.
Late Bookings. You are advised to reserve early to avoid disappointment and additional late booking fees.
No Refund for Unused Services. There will not be any refund for any unused portion of an order or travel booking. Some group tours and related services are based on minimum numbers of passengers traveling; if the number of passengers falls below the minimum required, a surcharge may be imposed or the tour or other services cancelled.
Currency Fluctuations. Currency exchange rates fluctuate. Prices are subject to change based upon currency exchange rate fluctuations.
Order Changes. If you decide to change any portion of your order prior to departure or during your trip, we will attempt to assist you. While every reasonable effort will be made to accommodate changes and additional requests, we cannot guarantee that we will be able to meet your requested change. Where we are unable to assist you and you do not wish to proceed with your order, we will treat this as a cancellation by you. Where we are able to assist you with such change, you agree to pay any increase in the price as a result of such change.
It is occasionally necessary for us to make changes to orders and services offered. Where we know in advance, we will notify you as soon as possible. Fernweh reserves the right to make such changes.
Cancellation by Fernweh. We aim to provide our services and operate all tours as advertised; however, as we plan our services and tours many months in advance we may occasionally have to make changes or cancel orders and we reserve the right to do so at any time. If Fernweh must cancel your order or trip, Fernweh will refund amounts paid, except where such cancellation is due to lack of payment by you, a failure by you to follow these Terms, or a Force Majeure (as defined below).
Force Majeure. Fernweh will not be liable to you, or issue a refund, where cancellation of an order or failure to perform the services are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events are referred to herein as “Force Majeure” and can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport and all similar events outside our or the supplier(s) control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
3. Transportation; Accommodations
Transportation Changes. Fernweh has no control over and assume no liability for transportation related changes or issues, including but not limited to, changes or issues arising from strikes (airline or otherwise), schedule changes, flight delays or cancellations or airline-initiated changes, etc. In the event of such an occurrence, the airline or other transportation company is responsible and will determine what action will be taken.
Accommodations. Facilities, guest services and amenities are provided at the discretion of the hostel, hotel, or other accommodation location and are subject to change without notice. Any additional costs are your responsibility and are payable directly to the hostel, hotel, or other location.
4. Passports and Visas; Travel Insurance
Passports and Visas. You are solely responsible for complying with passport and visa requirements. For U.S. travelers, international travel requires a passport valid six (6) months beyond your intended return travel date. In many cases, you will also need to have multiple consecutive blank visa pages within your passport (the number varies depending on the destination(s)). Many destinations also require that visas be obtained prior to travel. It is recommended that you check with the U.S. Department of State website for the latest passport and visa requirements.
Travel Insurance. We require that you purchase trip cancellation and medical insurance. Any questions about what travel insurance does or does not cover should be addressed directly to your travel insurance company. If you decline insurance coverage without our knowledge, you will personally assume full responsibility for any financial loss associated with the order and your travel arrangements. We assume no liability for loss or damage to baggage or personal belongings. We recommend purchasing a supplemental travel insurance package.
5. Suitable Fitness and Medical Conditions; Age Requirement
Suitable Fitness and Medical Conditions. Some of our tours incorporate active elements such as hiking, climbing or canoeing; you are responsible for familiarizing yourself with the level of activity that will be involved in your tour. You must disclose any existing physical or mental illness, disability, pregnancy or any other condition which may create a health hazard for yourself or others during the tour or for which you may require medical attention or special accommodation during the tour. We will make reasonable efforts to accommodate your needs, but you must notify us at or prior to the time of booking for a determination of what assistance we can reasonably provide. We regret that we cannot accommodate you if you have special needs for ordinary daily activities, such as walking and dining. In no instance will our Suppliers or we physically lift or assist you on to or off any vehicles.
We reserve the right to decline acceptance of anyone we consider unsuitable due to fitness level. We also reserve the right to remove you from the tour, at your own expense, if your condition is such that it could create a hazard to you or others, or otherwise impact the enjoyment of other passengers.
Age. Unless otherwise indicated with respect to particular services, locations, or tour offerings, all customers must be at least twenty-one (21) years of age at the time of the tour. However, some activities contained within an itinerary or certain tour may have different age requirements, in which case details will be provided at the time of booking or shortly thereafter. Unaccompanied minors will not be allowed at any time.
6. Conduct; Assumption of Risk and Release
Conduct. You are responsible for respecting the authority and following the directions of the tour guide and the laws of the countries in your itinerary during a tour. We may exclude you from participating in all or any part of the tour if, in our sole discretion, your condition or behavior renders you unfit for the tour or unfit for continuation once the tour has begun. Unfitness may include, without limitation, any behavior that, regardless of its cause, is inappropriate or offensive or interferes with the delivery of tour services or may constitute a hazard or embarrassment. In such case, our liability shall be strictly limited to refund of the recoverable cost of any unused portion of the tour. Should you decide for any reason not to participate in certain parts of the tour or use certain goods included in the tour, no refunds will be made for those unused parts of the tour or goods. You agree to indemnify and hold us harmless from and against any costs, damages, losses or liabilities arising out of your actions or omissions or the actions or omissions of any minors traveling with you.
Assumption of Risks and Release. If you participate in activities during your tour, certain risks and dangers may arise, including, but not limited to, the risk of accidents in remote places without access to medical facilities, transportation or means of rapid evacuation and assistance; the hazards of traveling in unsafe or politically unstable areas or under unsafe conditions; the dangers of civil disturbances, war, extortion, kidnapping and terrorist activities; dangers and risks inherent in activities in underdeveloped countries; and dangers of local law enforcement activity. YOU HEREBY EXPRESSLY ASSUME ALL OF THESE RISKS AND DANGERS, AND YOU HEREBY EXPRESSLY AGREE TO FOREVER RELEASE, DISCHARGE AND HOLD US AND OUR AGENTS, EMPLOYEES, OFFICERS AND DIRECTORS, HARMLESS AGAINST ANY AND ALL LIABILITY, ACTIONS, CAUSES OF ACTIONS, SUITS, CLAIMS AND DEMANDS OF ANY AND EVERY KIND AND NATURE WHATSOEVER WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ARISE OUT OF OR IN CONNECTION WITH YOUR TOUR OR PARTICIPATION IN ANY ACTIVITIES IN WHICH YOU PARTICIPATE.
7. Acts or Omissions of Third-Party Suppliers or Service Providers; Travel Advisories
Third-Party Supplier Acts or Omissions. Fernweh acts only as an independent contractor to supply or arrange for the travel services named in your Itinerary or otherwise to procure services or goods from third parties such as airlines, hotels and other lodging providers, local hosts, guides, bus lines, car rental companies, driving services, restaurants and providers of entertainment (the “Suppliers”). Fernweh, nor any of its owners, employees, or members, assumes no responsibility for any personal injury, property damage or other loss, accident, delay, inconvenience or liability which may be occasioned by reason of any act or omission of any of the Suppliers.
We assume no responsibility for any personal injury, property damage or other loss, accident, delay, inconvenience or irregularity which may be occasioned by reason of any matter beyond our exclusive control including but not limited to a delay or cancellation that causes you to miss all or any portion of the tour, acts of God, acts of government, war, terrorist acts, riots, disaster, weather extremes or strikes. We have no special knowledge regarding the financial condition of the suppliers, unsafe conditions, health hazards, weather hazards or climate extremes at locations to which you may travel. You understand that health care standards, facilities and services abroad may be different or even inadequate for treating health conditions.
Travel Advisories and 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.
8. Limitation of Liability and Damages; Claims
Limitation of Liability and Damages. In no event will we be liable for any injury, loss, claim, damage or any special, punitive, exemplary, direct, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, that arise out of or are in any way connected with the Tour, even if advised of the possibility of such damages. Fernweh’s liability in any case with respect to the services rendered or any order shall be capped at the dollar amount paid for such services by customer.
Claims. Arbitration and Waiver of Trial by Jury: You agree to present any claims against us within ninety (90) days after the Tour ends and to file any suit within one (1) year of the incident, and you acknowledge that this expressly limits the applicable statute of limitations to one (1) year. In lieu of litigation and jury trials, each of which is expressly waived, any dispute concerning, relating or referring to this Participation Agreement, the brochure, or any other literature concerning your trip or the Tour shall be resolved exclusively by binding arbitration in New York City, New York, according to the then existing commercial rules of the American Arbitration Association. Such proceeding will be governed by the substantive law of the State of New York. The arbitrator(s) and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this Participant Agreement, including but not limited to any claim that all or any part of this Participant Agreement is void or voidable.
Consent to Use Photos/Videos. You hereby consent to our use of pictures or video of you in our marketing materials without compensation.
General; Conflicts. Facsimile or scanned transmission of any signed document shall be deemed delivery of an original. If there are any conflicts between these Terms and the itinerary or other document, these Terms shall apply. All orders are subject to review and approval. We reserve the right to decline to do business with anyone on a nondiscriminatory basis.
Amendments; Modifications to These Terms. These Terms are subject to change at any time at Fernweh’s sole discretion without notice. No modification or amendment to these Terms by you may be made without Fernweh’s express written consent.
Governing Law; Attorneys Fees; Survival of Rights. These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without regard for its conflict of laws provisions. The parties hereto irrevocably agree that all actions or proceedings in any way, manner or respect, arising out of or from or related to this Agreement will be litigated only in courts having situs within the county closest to Fernweh’s principal place of business. Each party hereby consents and submits to the exclusive jurisdiction of any local, state or federal court located nearest Fernweh’s principal place of business and waives any right such party may have to transfer the venue of any such litigation. Fernweh will be entitled to recover from you any and all costs and expenses including but not limited to reasonable attorneys’ fees and costs incurred by Fernweh in connection with enforcing these Terms. The rights of Fernweh hereunder shall survive termination of the engagement or the end of the applicable tour. Failure to insist upon strict compliance with any of the terms hereof will not be deemed a waiver of such term nor will any failure to insist upon strict compliance with any right or power hereunder at any one or more times be deemed a waiver of such right or power at any other time or times.