Terms & Conditions
TERMS AND CONDITIONS
By advancing deposit to Women Overlanding the World, LLC, the trip member (also referred to herein as “you” or “I”) therefore agrees to be bound by the below terms and conditions. All trip members must complete a trip application/Liability Release and Assumption of Risk Agreement and health form.
Medical considerations: If you have any medical or psychological conditions, it's very important you let us know well before departure so that we can make extra arrangements if necessary. Trip leaders have the right to disqualify anyone at any time during the trip if they feel the trip member is mentally or physically incapable to continue and/or if a trip member's continued participation jeopardizes the group's or trip member’s own safety. Under these circumstances refunds are not given.
Women Overlanding the World, LLC is not a medical facility and therefore has no responsibility regarding medical advice, medications or inoculations that you or your doctor deem necessary for your safe participation.
Hospital facilities for serious problems are often unavailable, and evacuation can be prolonged, difficult, and expensive. Women Overlanding the World, LLC assumes no liability regarding provision of medical care. By signing the Liability Release and Assumption of Risk Agreement, you agree to pay for emergency evacuation and emergency medical care.
Your obligations as a trip member
By participating in a Women Overlanding the World, LLC trip, you assume certain obligations to Women Overlanding the World, LLC and the other trip members. It is your responsibility to:
Understand the conditions implied in the Activity Level rating of your selected trip
Select a trip that is appropriate to your interests and abilities
Prepare for the trip by familiarizing yourself with the trip itinerary and trip preparation materials sent by Women Overlanding the World, LLC
Purchase travelers/travel medical insurance in the required coverage amounts as noted within the Trip Terms and Conditions.
Bring appropriate gear and clothing as advised by Women Overlanding the World, LLC
Obtain all necessary visas
Follow considerate standards of personal hygiene in order to reduce risk of contracting diseases
Follow considerate social behavior with other trip participants and respect their habits
Act in an appropriate and courteous manner befitting the customs of countries you visit
Complete the trip itinerary as scheduled (or as adjusted by your trip leader as necessary)
Respect the countries we visit by using environmentally safe products, staying on established routes of travel and not littering.
Women Overlanding the World, LLC reserves the right to decline to accept or retain any person as a tour participant should such person's behavior, health or mental condition impede the operation of the trip.
OUR LEGAL LIMITATIONS — PLEASE READ CAREFULLY
Women Overlanding the World, LLC, may contract with independent contractors to provide transportation, guide services and/or all other related travel services. Women Overlanding the World, LLC, assumes no responsibility, however caused, for injury, loss or damage to person or property in connection with any service provided by an independent contractor or resulting directly from the following: acts of God, detention, annoyance, terrorism, thefts, pilferage, force majeure, civil disturbances, government restrictions or regulations, strikes, delays and expenses arising from quarantine, failure of any means of conveyance to arrive or depart as scheduled, discrepancies or change in transit or hotel services over which we have no control.
Women Overlanding the World, LLC, reserves the right to make reasonable changes in the itinerary where deemed advisable for the comfort and well-being of trip members. The trip member understands that sections of the itinerary may be open or loosely planned. By advancing deposit to Women Overlanding the World, LLC, the trip member thereby agrees to be bound by the above terms and conditions.
If you decide to cancel your trip, the following fees apply and are due to Women Overlanding the World, LLC at the time (prior to departure) we receive written notice of your cancellation. Some trips may have special cancellation or transfer fees; if so, they will be listed on the Itinerary Details or supporting trip documents.
· 61-90 days $350.00 fee will be forfeited
· 31-60 days 50% of the trip cost will be forfeited
· 0-30 days 100% of the trip cost will be forfeited
If you decide to transfer your reservation, the following fees apply and are due to Women Overlanding the World, LLC at the time (prior to departure) we receive written notice of your intention to transfer. Some trips may have special cancellation or transfer fees; if so, they will be listed on the Itinerary Details or supporting trip documents.
· 61 or more days $0
· 31 to 60 days $400.00 fee
· 0 to 30 days 100% of the trip cost
To protect yourself, we recommend that you purchase trip cancellation insurance (see below).
Women Overlanding the World, LLC requires that you purchase short-term trip and health insurance. Should you have to cancel your trip because of illness, injury, or death to you or an immediate family member, this insurance MAY protect your deposits and payments for both air and trip costs. Although travelers are required to carry travelers/travel medical insurance, Women Overlanding the World, LLC in no way endorses a particular company or takes responsibility for coverage or insurance payouts or lack thereof. Travelers agree to take full responsibility for disputing and/or litigating any decisions or claims with their chosen Travelers/Medical insurance company.
If We Cancel a Trip
Women Overlanding the World, LLC reserves the right to cancel all or a portion of a trip for force majeure or any other circumstances beyond our control and, in the event of such cancellation, full or partial refunds, if any, will be at Women Overlanding the World’s sole discretion. We also reserve the right to cancel any trip if sign-up is inadequate to make the trip economically feasible for us to operate, and in this event, we give a full refund of the trip price. However, Women Overlanding the World, LLC is not responsible for additional expenses incurred by you in preparing for the trip (e.g., non-refundable air tickets, visa fees if applicable, gear or medical expenses).
Fewer than required number of participants
Each trip requires a minimum number of participants for departure. If enough participants sign-up to run a trip but unexpected cancellations drop the number of participants below the required minimum, we will run the trip at an additional charge of $300 per person. If additional participants join and the required number of participants is re-attained, the surcharge will be refunded.
Women Overlanding the World, LLC does not give any refunds for unused hotel rooms, meals, sightseeing trips or trek arrangements. Trip price is quoted as a package; credits are not given for services not used. International Travelers may experience differing costs or pricing than domestic (USA-based travelers).
All participants must sign the following Release of Liability, Assumption of Risk and Indemnification Agreement. A copy of this form will be included in your confirmation packet.
Release of Liability, Assumption of Risk and Indemnification Agreement
1. TRIP AND ASSOCIATED RISKS - I have chosen to participate in the above referenced trip (hereinafter referred to as "the Trip"), which is organized by Women Overlanding the World, LLC, I understand that:
The Trip involves activities that are inherently hazardous, including those described in the separate document for the Trip, "Activity Level and Risks & Hazards," which has been provided to me and which I am also signing and returning;
During the Trip, I understand that I may be exposed to dangers and hazards, including equipment failures and negligence by others; risks associated with oceanic activity such as rip-tides, ocean-borne bacteria, sharks and other ocean wildlife, sicknesses caused by consumption of local food and/or water, or insect/wildlife transmitted pathogens and diseases including but not limited to illnesses such as Salmonella,Proteux,Zika,Chikungunya,Lyme or West Nile.
Due to risks associated with contracting Zika in Central America, participants who are pregnant, or attempting to become pregnant should consider the potential risks and consult with their doctor before registering.
Participants suffering from auto-immune diseases or who have compromised immune systems or any other significant health conditions should consider the potential risks and consult with their doctor before registering.
Costa Rica is known for its abundant wildlife and eco-diversity. Dangerous crocodiles live in ALL waterways, no matter how small or large, including the ocean and areas near waterways such as beaches. Costa Rica is home to some of the most venomous snakes in the world. These snakes can be found in all areas and types of terrain we will visit during the trip. Although the large hospitals in San Jose do, usually, subject to availability, carry anti-venom, neither trip-guides nor Women Overlanding the World, LLC will carry, provide or administer anti-venom.
At certain points in the trip, the hospital in San Jose may be a 5 to 7 hour drive away from our location. Road Conditions or adverse weather may further prolong travel to and from hospitals.
Plants, flowers and trees in Costa Rica may cause allergic reactions, adverse skin reactions and may be poisonous if consumed.
As a consequence of these risks, I understand that I may be seriously hurt or disabled or may die from the resulting injuries, and that my property may also be damaged;
Hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable during portions of the Trip and, where available, may be expensive; and
I understand and agree that Women Overlanding the World, LLC assumes no responsibility for providing medical care during the Trip, and I will have to pay for any medical care and/or evacuation that I incur. In consideration of the permission to participate in the Trip, I agree to the terms contained in this document.
2. ASSUMPTION OF THE RISKS - I hereby freely assume the above mentioned risks and any harm, injury or loss that may occur to me or my property as a result of my participation in the Trip-including any risks caused by the negligence of Women Overlanding the World, LLC, its employees and officers, its contractors, and other trip participants.
3. IMAGES AND MARKETING – I agree that, while participating in any Trip, images photos or videos may be taken by other participants, the Trip guides or its representatives that may contain or feature me. I consent to any such pictures being taken and grant a perpetual, royalty-free, worldwide, irrevocable license to Women Overlanding the World, LLC, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further without any further obligation or compensation payable to me.
5. WAIVER AND RELEASE OF LIABILITY - I hereby WAIVE AND RELEASE ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS against Women Overlanding the World, LLC, its employees, officers, directors, vendors and contractors ("Released Parties"), where such liabilities, causes of action, claims and demands, arise in any way from any injury, death, loss or harm (whether foreseen or unforeseen) that occur to me or to any other person or to any property during the Trip or are in any way related to the Trip. This release includes, but is not limited to, claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This release does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that Oregon law does not permit to be released by agreement. I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss, or harm that occur on the Trip.
6. INDEMNIFICATION HOLD HARMLESS AND DEFENSE I promise to INDEMNIFY, WARRANT, HOLD HARMLESS AND DEFEND the Released Parties (defined in Section 3) against any and all liabilities, causes of action, claims and demandsthat arise from my acts or my failure to act (including my own negligence) during or relating to the Trip. In accordance with this promise, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney's fees, that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
7. OTHER FORMS & TERMS - I have carefully read Women Overlanding the World, LLC’s Reservation Information, Health Form, "Activity Level and RISKS & HAZARDS," and have familiarized myself with all of the information provided to me about the Trip and its rating. I agree to all of the conditions in the Reservation Information- including the sections about my responsibilities and about Women Overlanding the World, LLC’s legal limitations. I acknowledge that Women Overlanding the World, LLC has no control over and assumes no responsibility for the actions of any independent contractors providing any services for the Trip.
8. SEVERABILITY - I agree that the purpose of this agreement is that it shall be an enforceable release of liability and indemnity as broad and inclusive as is permitted by Oregon law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.
9. APPLICABLE LAW, FORUM & ATTORNEY'S FEES - This agreement is governed by and shall be construed in accordance with the laws of the state of Oregon without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with the Trip shall be brought in either the jurisdictions of the State of Oregon or the State of Tennessee, and I agree to the jurisdiction and venue of those courts for any such dispute. In any litigation in which the validity or enforceability of this agreement is contested, I agree that the prevailing party will pay all attorney's fees and costs of the parties seeking to uphold the agreement. *These terms of applicable law, forum and attorney’s fees will be superseded and replaced by any terms and conditions present on the website and signed by the parties at the time of final payment.
I have fully informed myself of the contents of this agreement by reading it before signing it. No oral representations, statements or other inducements to sign this release have been made apart from what is contained in this document. I acknowledge that i have had the opportunity to consult with an attorney prior to signing this agreement.
If participant is a minor, signature of parent or guardian is also required: In consideration of my minor child's being permitted to participate in the Trip, I accept and agree to the full contents of this agreement. I understand that I am responsible for and I accept the responsibility for the supervision throughout the duration of the Trip of any minor traveling in my care. I also agree to RELEASE, HOLD HARMLESS, INDEMNIFY AND DEFEND the Released Parties (defined in Section 3) from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to my minor child during the Trip or in any way related to the Trip. This includes any claim of the minor and any claim arising from the negligence of the Released Parties. I understand that nothing in this agreement is intended to release claims for gross negligence, intentional or reckless misconduct, or any other liabilities that Oregon law does not permit to be excluded by agreement.