Foray LLC, an independent affiliate of Pique Travel Design, its owners, directors, officers and employees (“Foray”) organize and administer programs (“Trips”) for the trip organizer and their travel companions (“Participant(s)“). All suppliers of services connected with these Trips (“other providers”), are third-party contractors and are solely responsible and liable for providing their respective services. The passenger tickets in use by the carriers and/or other suppliers shall constitute the sole contract between them and the passenger; the carriers are not responsible for any act, omission, or event during the time Participants are not aboard their conveyances.
Foray, its subsidiaries and their respective employees, affiliates, officers, directors, successors, representatives, are not liable for any negligent or willful act or failure to act of any third party, such as hotels or other lodging facilities, airline, vessel, bus, van or other transportation companies, local ground operators, providers or organizers of optional excursions, food service or entertainment providers etc. Without limitation, Foray is not responsible for any injury, loss, or damage to personal property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God, acts of government, weather, force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities or the threat thereof, of any kind, epidemics or the threat thereof, illness, overbooking or downgrading of accommodations, structural or other defective conditions in hotels or other lodging facilities, mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely, dangers associated with or bites from animals, pests or insects, marine life or vegetation of any sort, dangers incident to recreational activities such as scuba diving, zip lining, snorkeling, paddle boarding, surfing, swimming, kayaking, sailing, canoeing, rafting, hiking, bicycling, rock climbing, etc., sanitation problems, food poisoning, lack of, access to or quality of medical care, difficulty in evacuation in case of medical or other emergency, negligence of shipboard or other physicians or medical personnel of for any cause beyond our direct control. In addition, the Participant and their travel companions release Foray from their own negligence and assume all risk thereof. Foray shall not be liable for any air carrier’s cancellation penalty or change fee incurred by the purchase of a nonrefundable ticket to or from the Participant’s departure city. Baggage and personal effects are at all times the sole responsibility of the Participants.
Any dispute concerning, relating or referring to this contract, website, or any other literature concerning the Trip, or the Trip itself shall be resolved exclusively by binding arbitration within 30 miles of San Francisco, CA, according to the then existing commercial rules of the American Arbitration Association. Such proceeding will be governed by substantive California. 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, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable.
ASSUMPTION OF RISK
By registering for a Trip, the Participant acknowledges that he/she is aware that travel such as the Trip he/she is undertaking involves potentially dangerous activities, some in remote areas of the world, with a risk of illness, injury or death which may be caused by forces of nature, illness, or by willful or criminal conduct of third parties or by terrorism. The Participant further acknowledges that weather conditions may be severe, adverse and/or unpleasant and that medical services or facilities may not be readily available or accessible or consistent with standards in the United States during some or all of the time during which he/she is participating on the Trip and that when available may not be of the quality which exists in the United States.
Anyone under 18 years of age at the time of the Trip departure must be accompanied by a parent or guardian for the entire journey. Minimum age restrictions may exist for some journeys and will be outlined at time of inquiry.
By paying a deposit, the Participant and their travel companions acknowledge that they have voluntarily applied to participate on this Trip and that they have read the description of the Trip as it appears on the website or materials provided to the Participant.
To confirm the Trip either a deposit or full payment will be required, depending on each Trip’s unique circumstances.
Deposits and all remaining payments must be made by major credit card (Visa, MasterCard, or American Express), check or wire payment. All payments are to be made in U.S. dollars. Payments quoted in foreign currencies will be converted by Foray to U.S. dollars at time of deposit and final payment. Prices are subject to change based on foreign exchange rates at time of payment.
Trip cancellation protection is strongly recommended to cover all non-refundable trip expenses. Participants choosing not to purchase travel insurance will be required to sign an insurance waiver prior to departure.
If Participant declines insurance coverage, they will personally assume full responsibility for any financial loss associated with the travel arrangements, and Participant could lose their travel investment and/or have to pay more money to correct the situation. For example, Participant will suffer a loss if: (i) their flight has been cancelled and the hotel and tours are nonrefundable; (ii) Participant needs to cancel the trip due to illness; (iii) a hurricane, volcano or earthquake occurs while traveling and Participant is stranded; (iv) the cruise line, airline, or tour operator files for bankruptcy; (v) a terrorist incident occurs at the destination Participant planned on visiting; (vi) Participant has a medical emergency in a foreign country and needs medical attention or evacuation; (vii) bags are lost and medication is in them, and Participant needs to have an emergency prescription filled; or (viii) Participant’s passport and wallet are stolen, and they need emergency cash and a replacement passport.
CANCELLATIONS AND REFUNDS
Every custom Trip will be subject to its own custom policies on cancelations and refunds according to the policies of third-party vendors. Participant will be notified of the custom Trip policy prior to Trip payment. Foray will not be responsible for changes to the policies of third-party vendors for any reason. Foray charges a $400 fee to postpone or cancel a Trip, regardless of the reason, in addition to the charges imposed by third-party vendors.
Any revisions requested by the Participant once payment has been made are subject to this cancellation policy. Any airline tickets issued are subject to the carrier’s refund policy. Arriving late or leaving a Trip in progress, for any reason whatsoever, will not result in a refund, and no refunds will be made for any unused portions of a Trip.
The itineraries presented in the Trip are subject to modification and change by Foray. Foray reserves the right, without penalty, to make changes in the itinerary whenever, in our judgment, conditions warrant, or if Foray deems it necessary for the comfort, convenience, or safety of Participants. Every reasonable effort will be made to operate programs as planned, but alterations may still occur after final itineraries are sent.
The inclusions/exclusions for the Trip will be clearly indicated in the Participant’s final approved itinerary.
DELAYS & COST INCREASES
Foray will not be responsible for providing any reimbursement for delays in the Trip due to bad weather, river levels, road conditions, transportation delays, or government intervention. The rates are based on tariffs, currency values, airfares and third-party charges and are subject to change due to unforeseen circumstances. While Foray will do everything possible to maintain the quoted prices, if it is necessary to levy a surcharge, as permitted by law, Foray reserves the right to do so, and notification will be given at the time of final invoicing.
MEDICAL & HEALTH
Participants certify that he/she has the physical ability to take the Trip as planned in the final itinerary. Participants further certify that he/she does not have any mental, physical, or other condition or disability that would create a hazard for him/herself or other Participants. For Trips that take place at higher elevations (above 5,000 feet), Participants certify that he/she does not suffer from a respiratory, cardiac or circulatory disorder. Participants must notify Foray of any medical issues well before departure if it will affect the Trip as planned. Foray assumes no liability regarding provision of medical care.
MEDICAL AUTHORIZATION & COVERAGE
In the event Participant becomes sufficiently incapacitated as to be unable to direct his or her own care, the Participant authorizes any medical treatment deemed necessary in the event of any injury or illness while participating on the Trip whether or not administered by medical or non-medical personnel. In addition, the Participant certifies that he or she has medical insurance which will cover personal accidents, medical expenses, medical evacuation, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Participant, or that in the absence of this medical insurance coverage, the Participant agrees to pay all costs of rescue and/or medical services as may be incurred on the Participant’s behalf.
RESPONSIBILITIES OF PARTICIPANTS
Participant is responsible for understanding the conditions as described in the Trip Itinerary and selecting a Trip in consultation with Foray that is appropriate to his/her interests and abilities. In addition, Participant should prepare for the Trip by reading the Trip Itinerary and supplemental Trip information in the pre-Trip materials and for bringing the appropriate clothing and equipment as advised in those materials. Participant should also consult his or her physician to determine his or her suitability for the trip and to discuss any over the counter or prescription medicines he or she should consider taking while traveling.
COMMERCIAL AIRLINE SERVICE: Airfare costs and availability are subject to change at any time prior to payment. Even after Participant has paid, Trips with scheduled air transportation with, to, or from the United States airlines are subject to supplemental price increases that may be imposed by the supplier and/or government. Airlines are subject to change flight schedules at any time.
Foray will not change Participants requested seat assignments on commercial aircrafts without permission. However, airlines often change seat assignments to satisfy their loyalty members or because of equipment changes (aircraft type). Foray is not notified of these changes in advance, and often Participants are not made aware of these changes until they arrive at the airport. Foray cannot be held responsible for seat assignment changes made by the airline.
Frequent flyer programs are private agreements between airlines and Participants. Foray cannot be held responsible for mileage discrepancies involving airline / loyalty reward programs. Participant has full responsibility to check with their airline on how many miles they will earn on their flight based on seat class. Airline policies frequently change and some airlines don’t offer full mileage on bulk, consolidator, cruise, tour and other non-published fares. If earning full mileage is important, published full fare tickets should be purchased directly from the airline to avoid any potential issues.
LIGHT AIRCRAFT / CHARTER FLIGHT FUEL & WEIGHT SURCHARGES: Most light aircraft companies impose fees on all passengers whose total body weight exceeds 220 lbs/100 kg. If applicable, please inquire about these surcharges before making payment.
PASSPORTS AND VISAS: International travel requires a passport valid 6 months beyond Participant’s intended return travel date. In most cases, Participant will also need to have multiple consecutive blank visa pages within their passport (the number varies depending on the destination(s). Many destinations also require that Visas be obtained prior to travel. Please speak with a travel designer if unsure about the Visa requirements for the travel destination, but Participant is solely responsible for complying with passport and visa requirements.
Additional Terms and Conditions may apply to some Trips and will be provided with pre-trip mailings. By registering for a Trip, the Participant agrees to the Responsibility statement, Binding Arbitration, Assumption of Risk, and Terms and Conditions.
Participant agrees to the terms of this Agreement on their own behalf and on behalf of all traveling members of their party. Participant agrees not to initiate a chargeback or refund request that is not authorized by this Agreement.
The parties agree that this agreement and other agreements referencing these Terms and Conditions may be electronically signed. The parties agree that the electronic signatures appearing on this agreement are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
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