BOOKING TERMS & CONDITIONS

Last updated: May 9, 2022

Our Wild Terrains travel products (“Experiences”) are governed by the following Terms & Conditions (“Terms”). By booking an Experience and placing a deposit, you acknowledge and agree to these Terms.[1]

(We’ve done our best to translate these Terms into plain English. We have even provided a summary of each provision, and why it is important to you and to us, even though each provision must be read in its entirety and controls in the event there is ambiguity. Should you have any questions, just let us know. Like everything we do, we want to be transparent and fair.)

1. RELEASE & ASSUMPTION OF RISK

We want you to know that there are some unavoidable risks associated with travel. We pride ourselves on the places we visit, our partners, and the Experiences we’ve created for you. But, you recognize that domestic and international travel may be unpredictable, and that our responsibilities are limited as discussed in these Terms.

Experiences take place in destinations inside and outside of the United States. Although we scout each location; partner with awesome, knowledgeable partners; and take appropriate care in curating each Experience; we cannot guarantee any less risk than you might experience on your own. That means that, while we cannot guarantee your safety or your belongings, we promise to be upfront with you about where we’re planning on going and who we partner with. And, we promise to be available in a meaningful way should you need us. But, we expect—and you agree—that you will use proper care and be responsible for your well-being.

In booking an Experience and paying a deposit, you acknowledge that Experiences may:

· Involve risks, travel has some inherent danger;

· Involve places where housing, transport, safety, hygiene, cleanliness, medical facilities, telecommunications and infrastructure development may not meet your expectations at home;

· Include various activities, risks, and hazards, including form of travel, living conditions and foods, lodging, exploration of unfamiliar and/or foreign locations, cultural interactions and close-quarter conditions, medical risks, limited medical care and support, differing weather conditions and altitudes, various climates and environments, and other such risks;

· Take place in locations with higher rates of minor and/or violent crime than you have experienced before.

In booking an Experience and paying a deposit, you accept and assume foreseeable risks associated with the Experience, and agree to hold harmless Wild Terrains and its People[2] from any liability, actions, causes of action, debts, claims, and demands of any kind which you now have or which may arise out of or in connection with the Experiences.

These Terms are a release and assumption of risk for you, your family or heirs, and any executors and administrators. The Terms are in addition to any additional releases, waivers, limitations of liability, or assumptions of risk that you may sign.

2. HEALTH & MEDICAL

Medical care is different around the world. Sometimes, getting prompt attention abroad is more challenging than it may be at your home. We will do our best to assist in the event of any medical issue, but we are relying on you to let us know of potential issues and, should you have an issue, you agree that we are not responsible. Because of the costs of medical care, we require all of our travelers to obtain travel medical insurance.

Experiences take place in countries outside of the United States. Medical care—and access to medical care—may be different from what you are accustomed to. If you have any conditions or disabilities that we should be informed of, please let us know in advance so that we can help you obtain appropriate accommodations or take appropriate steps in case of need.

In booking an Experience, you acknowledge that Experiences may:

· Occur in remote locations, isolated or removed from medical care facilities, or otherwise lacking access to medical care.

· Occur in places with different medical facilities and standards of care from those you are accustomed to -- Wild Terrains makes no representations or warranties relating to any necessary medical facilities or standards of care.

You accept and assume foreseeable risks associated with medical care and access to medical care. You agree to hold harmless Wild Terrains and its People from any liability, actions, causes of action, debts, claims, and demands of any kind which you now have or which may arise out of or in connection with the Experiences together with all releases, waivers assumptions of risk, limitations of liability, and assumptions of risk found in this Agreement, absolve Wild Terrains of any liability associated with any such risks and dangers, and are responsible for all costs of any medical care and related costs that are provided to you during the Experience.

Some of our experiences may require a certain level of fitness. In booking an experience and placing a deposit, you state that you:

· are sufficiently healthy to participate in the Experience;

· have not been informed by any medical professional that you should not travel or participate in activities like those on the Experience;

· Know of no physical or mental condition that would create a hazard for you or others, or affect other people’s enjoyment of the trip.

Should you have any concerns about your ability to participate, let us know and we will do our best to work on something together. We may require a medical certificate under certain circumstances, but we will treat any such information you provide as confidential and private. We are not medical experts and rely on you to ensure the accuracy of any such information you provide.

Wild Terrains reserves the right to refuse or cancel any booking in the event of a medical condition that would make your participation a hazard for you or others, or for any other legal reason.

3. BOOKING PAYMENT

Prompt payment is important not only to us, but also to our partners. Timely payment by our travelers allows us to reserve the best lodgings and ensure our partners are available for each Experience. Full payment must be made at least seventy-five days before your Experience’s start date.

For bookings made more than 75 days before the advertised start date of the Experience (“Start Date”), we require a non-refundable deposit of 50% of the total price of the Experience, less any applicable discounts, at the time of booking. The remaining 50% is due no later than 75 days before the Start Date. We reserve the right to cancel any booking, without refund, should the full amount not be paid at least 75 days before the Start Date.

For bookings made 75 days or less prior to the Start Date, we require full payment of the total price, less any applicable discounts, at the time of booking. Such payment is non-refundable.

Detours bookings are paid in bull at the time of booking and are non-refundable.

All bookings are made with Wild Terrains, but we may work with agents, affiliates and/or third-party suppliers for various services provided for or associated with each Experience.

4. REQUIRED DOCUMENTS

There are a number of documents you will need for each Experience. Some of these are legal requirements, and others are required by Wild Terrains. We can help identify the ones you may need, but ultimately the responsibility for gathering them is yours.

You must have a valid passport and, depending on your place of departure and the destination, a visa, permits, certificates, and proof of vaccination(s). (You will also ensure that your passport will remain valid through all relevant times you are traveling with us.) These requirements are your responsibility. Any information or advice given by Wild Terrains regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory and provided as a courtesy. Wild Terrains is not responsible for any errors or omissions as to any such information provided.

Wild Terrains requires proof of insurance (we discuss this in Section 12, below) at least 45 days before the Start Date or one week after the date of booking (whichever is latest). We will work with you to help you identify these documents, but failure to provide these documents may result in cancellation of your booking without refund.

Travel insurance is not required to purchase or book Detours, but we strongly advise purchasing a travel insurance plan that covers your full itinerary, including any Detours you have booked through Wild Terrains. Payment for Detours is due in full at the time of booking and is non-refundable. Travel insurance may help you recover the cost of your Detours booking, if you need to cancel for any reason.

5. CANCELLATION & CHANGES

Bookings are non-refundable, and you must make any changes at least 75 days before your trip’s Start Date. Our partners make advance preparations for each traveler and rely on us to grow their businesses – once we confirm your attendance, it is not fair to them to have you cancel. For the same reason, we cannot permit changes to your booking fewer than seventy-five days before the Start Date. This is why we require travel insurance, which has come in handy for some of our travelers.

That said, sometimes life happens. We get it. For any reason, with at least 75 days’ notice, you may choose to change your original small group or custom itinerary to a different trip at no charge; either by choosing a new itinerary at the time when you cancel your original trip, or by accepting a trip credit of the amount paid to-date which will expire 6 months from the day that you cancel your original trip. If you decide to change your trip itinerary again (so long as it is more than 75 days before the rescheduled trip), there will be a $500 change fee. As noted above, we cannot reschedule any itinerary or credit any purchase with fewer than 75 days’ notice.

Detours bookings may be rescheduled one time, with a minimum of 75 days of notice, at no charge. The new booking date may be no more than 6 months from the original booking date.

Although we do not anticipate the need to cancel or change the Start Date, if we do so for any reason other than Force Majeure (we discuss this legal term in Section 10, below), we will give you a full refund of the money you paid Wild Terrains. Wild Terrains is not obligated to provide refunds if it cancels or changes the dates of Your Experience due to a Force Majeure Event.

That said, Wild Terrains constantly strives to provide you the best Experience. We therefore reserve the right to alter any itinerary in progress or service at any time without penalty to Wild Terrains.

We also reserve the right to decline or cancel your booking at our sole discretion, or upon discovery of breach of the representations, warranties, terms or conditions of this Agreement.

Under no circumstances is Wild Terrains liable for costs, fees, or losses associated with your travel to or from the Experience due to cancellation or change of your itinerary. We require you to obtain travel insurance coverage for trip cancellation, interruption, and curtailment.

6. UNUSED SERVICES

Sometimes life gets in the way. We get it. But, because each booking is relied upon by our partners, we cannot offer any discounts or refunds for missed or unused Experiences. Travel insurance is one way to minimize this risk, and we require it.

Late flights, last-minute changes, sickness, or other unforeseen life events: they happen to all of us. When they conflict with an Experience, Wild Terrains is not obligated to alter any Experience itinerary or suspend, change, or postpone an Experience; nor can we offer discounts or refunds. Travel insurance is a good way to minimize this risk. Even though no one thinks they’ll need it, it has come in handy for some of our past travelers. We require you to purchase it, although the provider is up to you.

7. LIMITS ON RESPONSIBILITY

Costs associated with travel are your responsibility. We can give you an idea of what some of those costs may be, but we cannot pay them for you.

You are responsible for booking, paying, and arranging for travel to and from the Experience. If Wild Terrains cancels or changes the Experience, it may cause you to incur some change fees or other related costs. Travel insurance may assist you in avoiding any such fees for trip cancellation, interruption, and curtailment.

8. CULTURAL DIFFERENCES, DRUG, & ALCOHOL POLICY

Countries we travel to may have different laws about drinking and drug use than your home country. But, for the sake of our travelers and partners, we require that you act safely and responsibly. Should we determine in our sole discretion that you are endangering yourself or others, we reserve the right to terminate your Experience with no refund.

You acknowledge and understand that traveling abroad may expose you to unique and different situations. These differences may involve cultural and social interactions, such as food, drink, attire, and local laws. While Wild Terrains strives to provide guidance regarding these differences, it is your responsibility to research such differences and act responsibly while traveling.

Wild Terrains does not tolerate drug use of any kind during Experiences and, for our partners and other travelers, requires responsible alcohol consumption. You will comply with the laws of all countries visited. Failure to abide by this provision may result in immediate termination of your Experience by Wild Terrains without a refund or other liability by Wild Terrains.

This policy is for the safety of you, your fellow travelers, and our partners. Wild Terrains wants you to have fun and encourages involvement in local culture, but safety is our top priority.

9. AUTHORITY DURING EXPERIENCES

Wild Terrains has curated each Experience. We are familiar with the partners and the locations. It is of utmost importance that you comply with our requests.

You agree to abide by the authority of the trip leader or other Wild Terrains representatives at all times. Should you fail to do so, or, in the opinion of the trip leader or other Wild Terrains representatives, endanger, distress or annoy others, we may immediately terminate your Experience without a refund or other liability.

10. FORCE MAJEURE

Sometimes life (and Nature) affects our best-laid plans. Lawyers call these types of events “Force Majeure.” As explained below and in the context of such Force Majeure events, Wild Terrains is not responsible for performing its obligations and will not be responsible for any resulting damages.

To the extent that any action by Wild Terrains is delayed or canceled due to a Force Majeure Event, Wild Terrains has not breached this agreement and is not responsible for any damage you may incur. Specifically, “Force Majeure Event” means any circumstances beyond Wild Terrains’ reasonable control, including without limitation acts of nature, terrorist activities, insurrection, explosion, flood, earthquake, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, pandemics, sickness, quarantine, government intervention, weather conditions, and unforeseen circumstances.

If Wild Terrains or any vendor, supplier, or similar third party engaged by Wild Terrains are affected by a Force Majeure Event, Wild Terrains and any such third party is entitled to, and may in Wild Terrains’ sole discretion, vary or cancel any itinerary or arrangement in relation to the Experience without any obligation or liability.

11. INSURANCE

We require our travelers to obtain certain types of travel insurance while traveling with Wild Terrains. This is not because we make any money off of such insurance; it is because we want you to have peace of mind, and to have a safe and affordable experience abroad with us. If you’d like, we are happy to discuss these requirements with you.

You will obtain travel insurance while traveling with Wild Terrains. This insurance must cover personal injury, medical expenses, repatriation expenses, and evacuation expenses.

You will provide Wild Terrains with proof of insurance and adequate coverage as required by Section 4, above. We strongly recommended additional coverage for trip cancellation, interruption, curtailment, and for personal property. You are responsible for understanding the details of any travel insurance policy and for ensuring that such insurance provides coverage for all activities (included and optional) identified in the trip itinerary and ensuring that there are no exclusion clauses that would limit your coverage. You agree that you alone are responsible for verifying the limits and terms of your insurance policies and whether they meet Wild Terrains’ requirements.

Wild Terrains is not liable for loss, theft of or damage to baggage or personal effects; nor are damaged, lost, or stolen personal belongings subject to reimbursement by Wild Terrains. Under no circumstances is Wild Terrains liable for loss or damage of valuables or other articles left in or on facilities used by Wild Terrains including, but not limited to, hotels, pensions, campsites, homestays, vessels, expedition vehicles, or any other location.

12. SUPPLIERS’ CONDITIONS

Wild Terrains sometimes works with other companies in crafting Experiences. Although we work hard to ensure a safe journey for our travelers, we cannot control those companies we work with and cannot be responsible for their actions.

Wild Terrains acts as an agent for transport companies, hotels and other partners and contractors (“Suppliers”) and is not responsible for any injury, damage, loss, delay or irregularity that may occur when using the products, services, or accommodations of a Supplier, or due to the negligence, recklessness, omission, oversight, inaction, or other fault of a Supplier, including, but not limited to, any defect in a vehicle or any other form of conveying a traveler, acts of God, detention, delays or expenses arising from quarantine, strike, riots, theft, civil disturbance, government restriction or regulation, accident by aircraft, boat, bicycle, motor vehicle or any other form of transport, or in any hotel or guest house, hostel, or other form of accommodation.

The quality of the products, services, and accommodations organized by Wild Terrains are not within the control of Wild Terrains, and the quality of such products, services, and accommodations may be compromised by local conditions. You therefore release Wild Terrains from all claims and causes of action arising from any damage, loss of enjoyment, inconvenience, or injuries related to the quality of such products, accommodations, and services.

Airlines, railways, car services, shipping companies, hotels, and other common carriers and suppliers have their own booking conditions or conditions of carriage. You will be bound by these conditions or conditions. Some of these conditions may limit or exclude liability on the part of the relevant transport provider or other Supplier, and they are often also subject to various international conventions. Wild Terrains’ own liability is limited to and shall not exceed that of its Suppliers. You agree that, if you recover for any damages from the Suppliers, you will not seek any recovery for the same damages from Wild Terrains.

13. OPTIONAL ACTIVITIES

We work hard to curate special events for each Experience. While there will be time for you to explore other activities outside of those we’ve curated, you agree that Wild Terrains is not responsible for any such activities.

You may have opportunities for activities outside of the Wild Terrains’ Experience. Wild Terrains does not endorse or sponsor such activities and makes no representations about the safety or quality of such activities or the standard of the independent operators running them. Wild Terrains is in no way responsible for your safety should you decide to enter into such optional activities. If you still decide to enter into an optional activity, you assume full responsibility for any risks involved. Paragraph 1, Release & Assumption of Risk, will apply to any optional activities.

14. PHOTOGRAPHY & IMAGES RELEASE

We may hire a photographer to capture special moments from the Experience. You agree that we have your permission to use any such moments in our marketing material or for other related commercial uses.

Wild Terrains may hire a photographer or videographer for the Experience. The Photographer will own the rights to any images, photos, and videos (“Content”) that s/he takes or creates during the Experience. Because the Photographer will own the rights to all Content, you cannot sell any Content or otherwise use it commercially. You may use Content for personal use only. If you post Content, including but not limited to a website or social media, you agree to credit the Photographer by name and a copyright notation.

You agree that Wild Terrains and its agents, suppliers, vendors, and similar third-parties, including Photographers, have a worldwide, royalty-free, perpetual license to use, re-use, distribute, display, create derivative works of, and reproduce any images, photos, or videos (whether directly or through a photo sharing service) in any medium, including but not limited to print, electronic media, or Internet, free of charge and without right to inspection, for any purpose, including to promote and publicize Wild Terrains’ travel products and services worldwide.

You also acknowledge and agree that Wild Terrains or other parties, including but not limited to the Photographer and other participants in Your Experience, may during Your Experience take or create images, photos, and videos in any format that contain or feature you. These images may contain your name, likeness, identity, photographic image, videographic image or oral or recorded statements. You agree that Wild Terrains may use these materials for any purpose, including to promote and publicize Wild Terrains’ travel products and services, and hereby grant Wild Terrains a perpetual, royalty-free, worldwide, irrevocable license to use such images without prior inspection.

15. COMPLAINTS & CLAIMS

Because of the nature of our partnerships and foreign travel, we will work hard to address any issues that arise during an Experience. We value your feedback and want to make sure to provide the kind of positive, safe Experience our travelers have come to expect.

If You wish to make a claim, submit a complaint, or request compensation for any reason, you agree to do so via email (hello@wildterrains.com) within 30 days of the Experience’s completion. Any and all supporting documentation to the claim or complaint must accompany the email. Only claims or complaints received by Wild Terrains within this timeframe will be considered.

If any issues or questions arise during the Experience, you agree that you will promptly notify the trip leader or Wild Terrains representative.

16. SEVERABILITY

In the event that any term or condition contained in these Terms is held to be 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 Agreement or amended accordingly only to such extent necessary to allow all remaining terms and conditions in these Terms to survive and continue as binding.

17. SUCCESSORS & ASSIGNS

This Agreement will be to the benefit of and be binding upon Wild Terrains, You, and both parties’ respective heirs, legal personal representatives, successors and assigns.

18. ENTIRE AGREEMENT

This is the entire agreement between Wild Terrains and you as to any and all bookings, reservations, Experiences, trips, or transactions made with Wild Terrains, and constitutes a binding agreement. You agree that there are no verbal or written representations, warranties, collateral agreements, or terms or conditions other than as expressed in these Terms.

19. APPLICABLE LAW AND CHOICE OF FORUM

This Agreement shall be governed by, and construed in accordance with, the laws of the State of Delaware without regard to applicable conflict of law provisions.

[1] If you are under 18 years of age, your parent or legal guardian will need to acknowledge and agree to these Terms.

[2] Our lawyers tell us that “People” means our officers, directors, contractors, agents, employees, and any related, affiliated, associated, or otherwise connected corporations, partnerships, or other entities and all of their respective officers, directors, contractors, agents, employees, and any successors and assigns. We think that about does it.