Updated: 2/2/2018
BOOKING TERMS AND CONDITIONS
Read this agreement thoroughly and carefully before booking a trip with us. It is a legally binding contract.
AGREEMENT: The terms and conditions set forth in this agreement (also referred to as “Terms”) constitute the entire understanding and agreement between you the trip participant (“Participant”) and Root Adventures, LLC (“Root Adventures,” “we,” or “us”) with respect to any and all bookings, reservations, tours or transactions made with Root Adventures.
By booking a trip with us, paying a deposit or signing this agreement, you accept all of the terms in this agreement on your own behalf and on behalf of all persons listed on the booking, including any minor under your custody, care or control (“Minor” or “Child”) (also referred to individually as, “Traveler,” and collectively, “Travelers”), and direct us to perform services for each and every Traveler.
RESERVATIONS AND ACCEPTANCE OF BOOKING: You may reserve space on a tour online, by email, or by phone. A booking is not accepted, and there is no contract for services between us, until you receive written confirmation from us. We reserve the right to treat any reservation that is not fully paid according to the reservation and payment terms as a cancellation and subject to the cancellation terms below.
DEPOSITS AND FINAL PAYMENT: A deposit of 50 percent of the Tour cost per person is required at the time of booking. Final payment is due no later than 90 days prior to departure.
Payments may be made by credit card (American Express, Discover, Mastercard, Visa), check or wire transfer. If you pay your deposit by wire or check, we cannot confirm your reservation until your payment has cleared the bank. Checks returned by the bank will incur a returned check fee. You will be responsible for all bank transfer and payment fees. If you wish to pay by wire transfer, contact us to make arrangements.
LAST MINUTE BOOKINGS: If you wish to travel 90 days or sooner before a trip’s departure date, full payment for the trip will be due immediately if the booking is accepted.
CANCELLATIONS BY YOU AND REFUNDS: To cancel your booking, you must submit your request to us in writing by email at info@rootadventures.com or postal mail at Root Adventures, LLC, 2343 Williams St, Denver, CO 80205. Cancellation fees will be applied per person according to the following schedule, based on the date we receive your written notification (mail, email or fax), not when you send it or notify us by phone.
· Note: Minimum cancellation fee is $500 per person after a confirmed booking
· 120 to 91 days before departure: 25% of the trip price or $500, whichever is greater
· 90 to 61 days before departure: 50% of the trip price or $500, whichever is greater
· 60-0 days prior to departure: 100% of the trip price or $500, whichever is greater
*Important Note Regarding Other Cancellation Costs: Cancellation and transfer schedules for some trips are more strict; consult your itinerary for any special cancellation terms, which also apply. Further, any non-refundable deposits made to third-party suppliers and third-party cancellation fees will be subtracted from any refunds due under this section.
No refunds will be provided for any unused portion of a tour once the tour begins, including if you leave a tour for any reason, miss the tour’s departure date, or have to be removed from a tour. There are no exceptions to this cancellation and refund policy, including for reasons related to weather, terrorism, civil strife, airline default, strikes, personal, family or medical emergencies or any other circumstances beyond our control. For this reason, we strongly encourage you to purchase trip cancellation and interruption insurance at the time of booking.
CHANGE REQUESTS AND FEES: If you request to change your tour dates or alter your itinerary any time after we confirm your booking, we will do our best to accommodate your request. If we are able to make such changes, a minimum change fee of $150 will apply, although the fee could be higher. The type and scope of change dictates the total amount of the change fee. Our outside suppliers, including hotels, often impose additional fees or penalties for changes and cancellations. These will be included in the change fee and can be substantial. Change requests must be in writing.
ALTERATIONS OR CANCELLATION AFTER COMMENCEMENT OF TRAVEL: We will forward any change that you request after your Tour has commenced to our independent suppliers. We will work with our suppliers to try and accommodate reasonable requests but cannot guarantee that any changes will be possible after your Tour has commenced
Changes after departure can be very disruptive. In the event you request a change, you will be liable for any cancellation charges and change fees that may be levied for the booking of revised arrangements and for all costs associated with the arrangements themselves. As stated above, no refund will be paid to Travelers who do not complete a tour.
CANCELLATIONS OR CHANGES BY US AND FLEXIBILITY: We reserve the right to cancel, alter or modify any tour without prior notice for the safety and/or comfort of clients and for circumstances of Force Majeure. You acknowledge that the amenities, accommodations, transportation, route, schedule, and itinerary may change without prior notice due to local circumstances or events, which may include mechanical breakdown, flight cancellations, illness, strikes, political disputes, weather, border crossing problems, and other unforeseeable factors. If, prior to departure, we make a significant change because of a problem with a supplier (e.g., bankruptcy), we will, as soon as reasonably possible, notify you of available alternatives.
Any changes may require a supplemental payment from you or result in a refund less any cancellation fees and nonrefundable deposits. If we cancel, which is rare, a check for a full refund will be issued to you less any airline ticket cancellation fees, nonrefundable deposits advanced to local suppliers, and any other third party cancellation charges. This refund will constitute full settlement of claims you may have arising out of our cancellation. No refunds under this paragraph will be provided due to cancellations or changes due to Force Majeure.
PRICE ADJUSTMENTS: Quoted trip prices are set far in advance of departure based on our projections of fuel, exchange rates, inflation, tariffs, government fees, airfares and other costs using available information. The price at booking is guaranteed under normal conditions. In the rare event that current costs create an unsustainable financial situation if we were to fully absorb the increases, we reserve the right to pass on these unexpected costs to you in whole or in part. If we do so and your trip price increases by more than 10% of the original tour cost excluding any insurance premiums, you may cancel the booking within 10 days’ notice of the surcharge and obtain a full refund less any non-refundable deposits to our suppliers. We will work with our suppliers to try and obtain any non-refundable deposits so that we can give you a full refund. We cannot guarantee such a result, though. We will give you advance written notice of any price increase and the reason for it.
CREDIT CARD AUTHORIZATION FOR POST-BOOKING CHARGES: You authorize us to charge your credit card number for any change fees, price increases, or supplemental payments that you incur post-booking. If you prefer a different payment method, you must notify us in writing at the time of booking.
NO REFUNDS FOR PERSONAL EXPENSES: You will not be reimbursed for any personal expenses such as airfare, hotel or other travel expenses due to changes in itineraries or tour cancellations.
BAGGAGE: Check with your specific airline(s) for baggage fees and restrictions. Most domestic U.S. carriers and some international carriers charge for each piece of checked baggage. International flights often have weight restrictions for baggage, including checked bags and carry-ons, that are more limited than you may be accustomed to. You are responsible for your baggage and personal effects throughout the tour. Keep track of your belongings just as you would at home. All costs incurred for lost, misplaced, damaged or delayed baggage are at owner’s expense.
RESPONSIBILITY: Root Adventures, LLC takes reasonable care in selecting competent, reliable and qualified suppliers based on information that is reasonably available to us. That said, we act only as an intermediary for the various independent suppliers that provide lodging, meals, transportation, sightseeing, activities, or other goods and services connected with your Tour (“Supplier” or “Suppliers”). You acknowledge that you are aware and clearly understand that these Suppliers are independent contractors, are not managed by us, and are not agents or employees of us. We are not responsible for our Suppliers actions or inactions. We are also not responsible or liable for (and will not provide a refund for) a Supplier’s delay, cancellation, overbooking, or strike.
FORCE MAJEURE: Root Adventures, LLC will not be deemed in breach of this agreement or otherwise liable to you, by reason of delay in performance or nonperformance of any of its obligations under this agreement to the extent that any such delay or nonperformance is due to any Force Majeure. “Force Majeure” means any circumstances beyond our reasonable control, including without limitation acts of God, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine, government intervention, weather conditions, and unforeseen circumstances. If we and any of our Suppliers are affected by Force Majeure, we and our Suppliers shall be entitled to, and may in our sole discretion, vary or cancel any itinerary or arrangement in relation to the tour. Regarding civil unrest, once we have investigated the prevailing situation, as we deem fit, it shall remain in our sole and absolute discretion whether to proceed with the tour.
TRAVEL INSURANCE/PROTECTION: The tour price does not include travel insurance. We strongly recommend that you purchase comprehensive travel insurance, covering trip interruption and cancellation, baggage, medical, accident/life, evacuation, repatriation and other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to you. You may purchase insurance to cover your trip, including some of the specific activities that you plan to engage in.
PRE-DEPARTURE DOCUMENTATION: It is important that you carefully read all trip-related documents that you receive from us as soon as you receive them. It is your responsibility to contact us if any information is incorrect. We cannot accept any liability if you do not notify us of any inaccuracies within 45 days of your receipt of those documents. This agreement, our release and waiver of liability and assumption of risk and indemnity agreement, and, if required, a medical statement or certification must be signed and submitted by you. If you fail to submit these and other necessary documentation prior to departure, we reserve the right to treat your booking as cancelled by you and impose the cancellation fees described in this agreement.
RECONFIRMING FLIGHTS AND AIRLINE DEFAULT/CHANGES: For certain itineraries and under certain conditions, we may offer to assist you with flight reservations. In those instances, we take no responsibility for reconfirming your flights or for advising you of airline schedule changes once your tickets have been issued. Further, we take no responsibility in the event of an airline’s default, cessation of service on a ticketed route or schedule change. Travel insurance that covers airline default is highly recommended.
PASSPORT AND VISAS: You are responsible for ensuring that all necessary travel documents are valid and effective and in your possession for the entire tour. Passports are required for all citizens traveling abroad and should be valid for at least 6 months after your date of return. We suggest you apply for or renew a passport early. Visas, permits, vaccination certificates, and other documents may be required. You assume complete and full responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements. You are also solely responsible for any adverse consequences resulting from incomplete or defective documentation. While we may provide information or advice on matters such as visas, vaccinations, climate, clothing, baggage, and special equipment in good faith as a courtesy to you, we are not responsible for any errors or omissions as to the information provided.
For information concerning possible dangers at an international destination, contact the government office in your country that is responsible for issuing travel advisories. In the U.S., contact the Travel Advisory
Section of the U.S. State Department, 1-888-407-4747, http://www.travel.state.gov/. U.S. citizens may register for the U.S. government’s Smart Traveler Enrollment Program, a free service, at https://step.state.gov/step/.
HEALTH REQUIREMENTS AND MEDICAL CARE: Our tours are physically active, with varying levels of demands and fitness requirements depending on the specific itinerary. By signing this agreement, you represent that you do not have any physical or other conditions that would create a hazard for you or other participants or affect other people’s enjoyment of the tour. If you have a physical condition, dietary restrictions, or other conditions (pre-existing medical) that will require special attention during the tour, you must inform us in writing when the booking is made. We may require a medical certificate if you have a special condition. We reserve the right in our sole discretion to accept, decline, or remove anyone from a tour (at departure or during the tour) who we judge to be incapable of meeting the tour’s physical demands for his or her own safety.
We assume no responsibility for any medical care provided to you. You agree to assume all costs of medical care and related transportation that are provided to you during the tour.
DENIAL OF PARTICIPATION: We reserve the right to deny participation in the trip to any traveler at any time before or during the trip that we, in our sole discretion, judge to be incapable of meeting the rigors and requirements of the trip activities, or whose actions or deportment we judge unsuitable for group travel. Any costs resulting from being removed from a trip or being declined participation in a trip is at your expense.
COMPLAINT PROCEDURE: If you have a complaint during your tour, you must promptly notify us or your tour leader of the problem so that they can attempt to remedy the situation. Failure to do so while you are on the tour will extinguish or reduce your ability to claim compensation from Root Adventures, LLC. Further, if you attempt to address the problem on your own without using this notice procedure, you assume responsibility for any added costs you may incur and forfeit any potential refunds.
If you are not satisfied after using this notice procedure, you must submit your complaint in writing to Root Adventures, LLC within 30 days of the tour’s end date.
TOUR DEPARTURE DATE: It is your responsibility to be ready to embark on the tour as specified in the itinerary. We are not responsible for any losses due to cancelled or missed flights, changed flight itineraries, late arrivals, or early departures.
COMPLIANCE WITH LOCAL LAWS AND TOUR ETIQUETTE: You must strictly comply with all local laws, respect local customs and culture, accurately assess your abilities, respect other trip members’ privacy, and follow the suggestions and advice of any assigned guide. The decision of the local guide or local supplier is final on all matters that may threaten the safety or interfere with the well-being of others. During the tour, the local guide/supplier has the right in their sole discretion to remove anyone who they determine to detract from others’ enjoyment of the tour.
IMAGES RELEASE: You agree that Root Adventures, LLC may use, re-use and reproduce any images, photos or videos that you send to us, or that are taken by our guides and/or other travelers of you individually or in a group, in any medium, including but not limited to print, electronic media, or Internet, free of charge and without your right to inspection, for promoting and publicizing our travel products and services worldwide. If you do not want us to use any images of you that are taken by us or other participants during the tour, you must inform us or your tour leader in writing before the start of the tour.
LIMITATION OF REMEDIES: You agree that the sole remedy for any default by Root Adventures, LLC arising under this agreement shall be the return of the paid tour cost, to the extent consistent with applicable law. To the maximum extent permitted under applicable law, Root Adventures, LLC shall not be liable for any special, consequential, indirect, incidental or other damages arising out of or in any
way connected to this agreement, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Root Adventures, LLC has been advised of the possibility of such damages. You expressly waive any right you may have to recover such damages.
SEVERABILITY: If any provision of this agreement shall be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the agreement unenforceable or invalid as a whole. Such unenforceable provision will be replaced with one that is valid and enforceable, and which achieves, to the extent possible, the original objectives and intent of the original provision.
SUCCESSORS AND ASSIGNS: This agreement shall inure to the benefit of and be binding upon Root Adventures, LLC and you and your respective heirs, legal and personal representatives, successors and assigns.
UPDATING OF TERMS AND CONDITIONS: We reserve the right to update or alter these Terms at any time. Any amendment will take effect seven days after being posted to our website or immediately upon notice to you in writing by email or mail. An up to date hard copy of these Terms will be sent to you upon your written request. You are deemed to have accepted any amendments to these Terms on the date that is seven days after their posting on our website. We recommend that you refer to these Terms prior to travel to familiarize yourself with the most up to date version available.
MISCELLANEOUS MATTERS: In addition, we shall not be liable for (a) expenses such as additional hotel nights and meals not specified in the individual trip itineraries, but which may be required to get to or from a trip start or end; (b) expenses due to the delay of a trip for any reason (e.g., bad weather, trail conditions, landslides, flooding, sickness, etc.); and (c) expenses incurred in recovering luggage lost by airlines, belongings left behind on a trip, or in shipping purchases or other goods home from abroad.
APPLICABLE LAW AND CHOICE OF FORUM: This agreement will be interpreted according to the laws of the State of Colorado in the United States. Jurisdiction over any dispute arising out of, in connection with, or relating to this agreement and/or the transactions and relationships among the parties contemplated by this agreement shall be filed exclusively in federal court in Denver, Colorado or in state court in Denver, Colorado. You agree to personal jurisdiction in the specified forum. You also agree that this agreement is intended to be as broad and inclusive as permitted under applicable law.
MERGER: This agreement is the final, complete and exclusive statement of the parties’ agreement on the matters contained in this agreement. It supersedes all previous negotiations and agreements.
I have read this entire agreement, and I am signing it freely. I understand that this is a legally binding contract. No other representations concerning the legal effect of this document have been made to me. My signature applies to all pages of this agreement.
Signature:
Print Name:
Date:
Parents and/or Legal Guardians must sign for participants under the age of 18
Signature of Minor Participant’s Parent/Guardian Date
Print Name of Participant’s Parent/Guardian
Print Name of Minor
Minor’s Age