The Explorer’s Passage Terms & Conditions
The terms and conditions set forth in this Agreement (also referred to as “Terms” or “Agreement”) constitute the entire understanding and agreement between you the tour participant (“you/your,” “Participant,” or “Traveler”) and The Explorer’s Passage, a New York based S Corporation (“TEP,” “we,” or “us”) with respect to any and all bookings, reservations, trips or transactions made with The Explorer’s Passage.
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 “You/Your”, “Participant”, or “Traveler,” and direct us to perform services for each and every Traveler).
Payment for reservations may be made by either check, bankwire*, or major credit card by one of the following methods:
- Call us Toll-Free at: 1-855-208-6800 (201-523-9900) or book through your travel agent
2. Email us at: firstname.lastname@example.org
3. Fax us at: 201-523-9901
4. Mail us at: The Explorer’s Passage, P.O. Box 1607, New York, NY 10274, United States
All payments should be made in USD and checks should be made payable to: The Explorer’s Passage.
*The Explorer’s Passage provides Travelers with a 1% discount for payments made via a bank wire transfer. The discount only applies to the portion(s) paid via bank wire transfer. Please contact us for more information on this.
Payment Terms & Schedules
TEP reserves the right to invoice or re-invoice Travelers for the correct price, in case of typo, computer, or human error.
Any entity with whom you book our Trips, other than directly through The Explorer’s Passage, is working strictly as your agent. TEP does not accept responsibility for any payments made by you to these third parties until it is received by TEP and credited to your TEP invoice.
Trip Payment Schedule
- A $500 deposit is due at the time of booking a trip. This deposit is a non-refundable administrative fee (“Administrative Fee”). TEP’s administration costs in planning your trip are not refundable because of the work and expense required in planning, booking services, and organizing your trip from the moment your trip is booked.
- Final payment is due no later than 95 days prior to departure.
- For reservations received 95 days or less prior to departure, full payment is required.
Cancellation Policy When You the Traveler Cancels
Cancellations must be sent to us in writing via mail, fax, or e-mail. Cancellations will be effective based on the date of postmark or the date we receive your email/fax, and confirmation of receipt MUST be received from TEP. If you must cancel your reservation, a cancellation fee will be assessed according to the policy outlined below. Exceptions to our cancellation policy cannot be made for any reason, including but not limited to weather, terrorism, civil unrest, your personal desire to travel or not, governmental/travel warnings or advisories, including but not limited U.S. State Department or World Health Organization warnings, personal, or family or medical emergencies.
There is no refund for arriving late or leaving a trip early for any reason, including for quarantine or travel delays outside of TEP’s control. Each TEP trip departs on the scheduled date, contingent upon conditions and other factors. It is recommended that Travelers arrive in the host city at least one day in advance so as not to miss a trip departure.
Single Supplement, internal air charges, permits, and all other line items included in your invoice are considered part of the total trip cost and are subject to cancellation fees. In addition, any fees charged by airlines or third-party service providers as a result of your cancellation will be billed to you. Percentage charges are calculated based on total trip cost. Due to this, we highly recommend that you purchase travel insurance from a third-party service provider of your choice. We also highly recommend that you consider securing “cancel for any reason” coverage, which must be obtained soon after your first deposit is paid for your travels. You will need to check with your individual insurance provider to determine their required registration period for this type of coverage. This coverage is in addition to the $200,000 minimum in Emergency Evacuation/Medical Protection which all Travelers are required to have to participate on our trips. See the “Travel Insurance” section later in this Agreement.
Standard Cancellation Fees for Trips
Number of Days Prior to Your Trip
- 95+ days prior to departure: Non-refundable cancellation administration fee of $500 per traveler is due.
- 61–95 days prior to departure: 60% of total trip cost is non-refundable.
- 60 days or less to departure: 100% of total trip cost. No refund.
- At or after trip departure: 100% of total trip cost. No refund.
Transfer of Monies Paid to Another Traveler
If a Traveler cancels their trip, The Explorer’s Passage permits them to transfer the trip credit equal to the monies paid to another Traveler.
For each Traveler, there is a one-time limit on transferring of trip credit. This means that once monies are transferred, those monies cannot be transferred again by the receiving Traveler to another Traveler.
It is important to note that this credit is only transferable to another Traveler who is equally qualified and prepared for the trip that the transferring Traveler had paid monies for. This determination would be per the discretion of The Explorer’s Passage.
Chargebacks – Credit/Debit Cards
If you are not happy with our services for any reason, you agree not to file a chargeback with your credit or debit card before you have given us an opportunity to address the matter. Your satisfaction is very important to us and we strive to stand behind our products and services. We will work to address any issue that you might have. By signing this Agreement or booking a trip with us, you agree that chargebacks are not an appropriate way to avoid our cancellation and refund policy. We will vigorously dispute any chargeback request, provide this Agreement as proof that you agreed to our cancellation and refund terms, and reserve the right to report fraudulent chargebacks to authorities. Should we win any chargeback that you initiate, you agree to reimburse us for our attorney’s fees, time, costs and expenses in rebutting the chargeback and pay any damages we suffer as a result of your chargeback dispute.
Our trip pricing is based on double occupancy. For Travelers who would like their own room and/or tent, each of our itineraries have an additional single supplement charge. If you request a roommate and we are unable to accommodate then you will receive a private room and be charged 50% of the customary single supplement charge (on most trips). You agree that we are not responsible for the actions or inactions of your roommate or for their health or medical condition, and we make no representations or have any responsibility as to your compatibility.
We will make a strong effort to maintain price. As per industry norm, the trip price is subject to increase based on unforeseeable changes beyond our control. The changes may include a change in the cost of airfare, currency fluctuation, taxes, fuel surcharges, security costs, or unavoidable charges imposed by our activity providers. If our costs change dramatically, Travelers will be billed up to $100 for the increase. In order to be as transparent as possible, we break out our internal flight costs on each itinerary page (on most trips).
Our Trips are crafted with the intent of providing you with an unforgettable adventure travel experience. Please refer to your specific trip itinerary for what is included and what is not included in the cost of each trip. If you need a copy of the itinerary, please contact one of TEP’s Adventure Consultants at https://explorerspassage.com/contact/
Given the active, often remote and international nature of our Trips, and our strict refund policy, we 1) Highly recommend that you purchase travel insurance and consider “Cancel for Any Reason coverage,” from a provider of your choice, and 2) We require a policy with a minimum of $200,000 in Emergency Evacuation / Medical protection. While not required by The Explorer’s Passage to travel, “Cancel for Any Reason” protection typically allows a policy holder to have additional coverages in the case of unforeseen events.
To learn more, please call one of our Adventure Consultants at 855-208-6800 or visit the following webpage: https://explorerspassage.com/support/insurance/. Note that we do not endorse any insurance coverage providers; the information on our site is for informational purposes only. You must consult the insurer for coverage information.
You may also wish to insure your possessions. All items of value, including jewelry, electronics, sentimental trinkets, etc., should be left at home, unless they’re absolutely necessary for the trip. Hotel safes, storage rooms, and TEP transportation vehicles do not guarantee their safety. Please note that neither hotels nor TEP are responsible for lost or stolen items. Cell phones (if you bring one) and passports should be kept with you at all times.
The Explorer’s Passage, its affiliates, officers, members, agents, successors, and assigns (collectively “The Explorer’s Passage”) does not own or operate any entity which is to, or does provide goods or services for your trip, including but not limited to hotels, airlines, transportation, guide service, activity providers, ground operation, food service providers, etc. All such entities and persons are independent contractors. As a result, The Explorer’s Passage is not liable for any negligent or intentional act or failure to act of any such person or entity. All trip services are subject to the terms and conditions specified by the supplier of such services and to the laws of the countries in which the services are supplied. The passage contract (Conditions of Carriage), when issued by the airlines concerned, shall constitute the sole contract between such airlines and you the Traveler. In addition, by making this reservation you acknowledge you fully understand the nature and fitness requirements of the Trip you have signed up for.
As agents, our responsibility is to organize and administer your trip. You acknowledge and agree that TEP is not responsible for and cannot be held liable for any negligent or willful act or failure to act of any Supplier, or of any other person or entity.
Cancellations, Changes, or Substitutions By Us and Flexibility
Our goal is to provide you with an unforgettable adventure. We take a lot of pride in our itineraries, as we have invested an enormous amount of time and energy into creating and organizing them. Sometimes, however, due to unexpected circumstances trips don’t always go according to the original plan. For this reason, TEP reserves the right to cancel, alter, modify, postpone or reschedule any Trip without prior notice and at any time for any reason, including but not limited to the safety and/or comfort of Travelers and for circumstances of Force Majeure (see information below in section titled “Additional Information regarding Force Majeure”).
We also reserve the right to re-book itineraries if the minimum number of Participants is not met. TEP shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder as a result of any actions that it takes or does not take under this section and under this Agreement. Further, we will not be responsible for cancellation penalties incurred on other travel arrangements made directly by the Traveler, non-refundable or otherwise.
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 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.
For all trips, TEP reserves the right to substitute a headline guide, explorer, conservationist, speaker, or other notable figure with another replacement individual in the event of unforeseen circumstances or circumstances outside of our control. We cannot depart from our cancellation policy if a substitution is required, given our financial and other commitments to our independent suppliers which are made far in advance of the trip departure date. For this reason, we encourage you to purchase travel insurance that permits you to cancel for any reason. While we hope that you would still participate on the trip in the event of a substitution, such travel insurance could help protect you financially in situations where you wish to cancel because of a substitution and are subject to TEP’s cancellation policy.
Any changes that we make may require a supplemental payment from you. We will advise you in the event such a payment is required.
If we cancel any Trip, whether before or after departure, for reasons that are completely within our control, we will give you one or more of the following options: receive a refund of payments that you have made to TEP less any unrecoverable costs, including but not limited to non-refundable deposits advanced to Suppliers; transfer to a comparable replacement trip; or receive a trip credit that reflects the amounts paid to TEP.
Additional Information Regarding Force Majeure
In the uncommon situation where Force Majeure prevents, significantly hinders, renders it difficult, or makes it impossible for us or our suppliers to provide your Trip, we and/or our suppliers shall be entitled to, in our sole and absolute discretion, take one or more of the following steps: vary, reschedule, postpone, cancel any Trip itinerary or arrangement, including Trip dates and the entire Trip itself.
If TEP is affected by Force Majeure, TEP will, if practicable, notify you of the nature and extent thereof in writing by email or other means or verbally if it is unable to do so in writing.
TEP will not provide any refunds of trip payments in the event of Force Majeure. However, in our sole and absolute discretion without any requirement that we do so, use reasonable endeavors to reimburse you for any payments that you have made reduced by 1) any and all non-refundable deposits and cancellation fees that we have paid to suppliers and other third parties to provide components of your Trip, and 2) our Administrative Fee of $500 per Traveler. Our Administration Fee of $500 per Traveler is not refundable because of the work involved in planning, booking and organizing your Trip from the moment the Trip is booked.
Note that if we reschedule, vary, or postpone your Trip dates or offer a Trip credit, such action does not constitute a “cancellation” of your Trip by us.
Our no refund policy is based on the fact that suppliers, who are often located outside the United States, are not obligated to return non-refundable deposits or waive their cancellation fees in the case of Force Majeure. Further, it is not assured that we would easily be able to receive any refunds from our suppliers once we have forwarded your deposits to them.
Consequence of Force Majeure: TEP 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 circumstances that amount to Force Majeure. TEP cannot provide any refund, or pay any compensation, costs or expenses where the performance or timely performance of TEP’s contractual obligations is prevented or affected, or you otherwise suffer any loss, injury, death, damage, or inconvenience as a result of any circumstances that amount to Force Majeure. If you choose to cancel your Trip for any reason and at any time after we notify you of a Force Majeure event, our standard cancellation terms that govern when a Traveler cancels apply.
“Force Majeure” means any circumstances beyond our reasonable control, including but not limited to the following:
- acts of God (such as, but not limited to, weather or environmental conditions, fires, explosions, tempest, forceful wind, avalanche, accident, earthquakes, drought, tidal waves and floods);
- terrorist activities or insurrection;
- war or threat of war declared or undeclared, hostilities, invasion, acts of foreign enemies, mobilization, requisition, embargo, sabotage;
- labor strikes or civil unrest/disturbance, demonstrations, commotion, riots, rebellion, revolution, insurrection, or military or usurped power, civil war, or the implementation of martial law;
- strikes, go slows, lock outs or disorder, unless solely restricted to employees of The Explorer’s Passage
- sickness, quarantine, medical or customs or immigration regulation, pandemic, epidemic, physical injury, diseases and viruses that are known, unknown or novel such as coronavirus/COVID-19 (including any spread thereof), foodborne, airborne, and communicable illnesses and disease;
- lockdowns, government or business closures, decisions by governments or governing bodies, government intervention of any kind that affect domestic and/or international travel, government restrictions or warnings, diplomatic or health organization (e.g., World Health Organization) warnings, border closings;
- technical or maintenance problems with transport, accommodations or other trip components;
- changes of schedules or operational decisions of air carriers;
- noxious fumes, industrial action/inaction, contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly; and
- unforeseen circumstances.
LIMITATION OF REMEDIES: You agree that the sole remedy for any default or breach by TEP arising under this Agreement shall be the return of the paid trip cost. To the maximum extent permitted under applicable law, TEP shall not be liable for any special, consequential, indirect, incidental or other damages arising out of this Agreement, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if TEP has been advised of the possibility of such damages. You expressly waive any right to recover such damages.
Health Clause (including COVID / Upper Respiratory Illnesses)
The Explorer’s Passage reserves the right to conduct common travel industry health screenings (e.g. forehead temperature readings, pre-travel questionnaires, and checks for observable signs and symptoms) and refuse travel to symptomatic or likely symptomatic Travelers. If necessary, The Explorer’s Passage – in collaboration with travel providers’ and subcontractors’ policies – also reserves the right to quarantine Travelers with symptoms of infectious diseases or illness aboard confined modes of transport such as ships, trains, etc. Travelers subject to this will be afforded standard amenities, but will be restricted to their cabin, room, or other designated safe area where they will be able to stay for the duration of the quarantine period. This can include but is not limited to a scenario where a Traveler is diagnosed as possibly infected with a contagious upper respiratory illness before or during a Trip.
No refunds will be provided to you for any unused portion of your Trip if you are quarantined or a supplier refuses services if you exhibit symptoms of or test positive for an infectious disease. Moreover, TEP will not have any liability to you, owe you a refund, or owe you any compensation for loss, damage or injury or anything else if you are infected with an illness, disease or sickness during your Trip or if a third party refuses services (e.g., as lodging or transport) if you show symptoms of or test positive for infectious disease or illness.
Before Start of the Trip
Travel Documents: Passport, Visas, Vaccinations, and Other Entry Requirements
You are responsible for ensuring that all necessary travel documents are valid and effective and in your possession for the entire Trip. Visas, permits, vaccination certificates, international driving licenses, 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 and required documentation. Any required vaccinations must be recorded by the Traveler’s health practitioner on a valid vaccination certificate, which the Traveler must carry in their possession throughout the Trip. You are also solely responsible for any adverse consequences, including additional costs and fees, 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/.
Anti-malaria precautions, altitude medicine, and/or other medications should be commenced according to your doctor’s instructions. Please consult your physician for more details. Travelers should bring their own insect repellants.
- US Citizens are typically required to have passport validity for at least six months after re-entry to the USA
- Non-US Citizens must ask the relevant consulate for entry/exit requirements
- We suggest that you verify visa requirements with the US Department of State or your local consulate prior to your Trip, but will make all efforts to alert you of any changes.
You may obtain assistance with fulfilling your visa requirements through third party service providers. You can call one of our Adventure Consultants at 855-208-6800 for suggestions of services that Travelers have used in the past.
Health Requirements, Medical Care, and Special Needs
By signing this agreement, you represent that you do not have any physical or other conditions, including but not limited to an illness, sickness, or health situation that would create a hazard for you or other Travelers or affect other Participants’ enjoyment of the Trip. If you have a physical condition, illness/sickness, dietary restrictions, or other conditions (pre-existing medical) that will require special attention during the Trip, you must inform us in writing when the booking is made. We may require a medical certificate whereby your physician approves your participation in the Trip. We reserve the right in our sole discretion to accept, decline, or remove anyone from a Trip (at departure or during the Trip) who we judge to be incapable of meeting the Trip’s physical demands, for their own safety.
Flights and Luggage
- Given the active nature of our Trips, smaller car/van/plane sizes across the globe, and rising airline fees, we highly recommend packing light. Depending on your trip, a 25 – 60 pound backpack is Please contact one of our Adventure Consultants who can assist you in determining the appropriate size for your Trip.
- We direct you to your airline for the most current allowance policies. Minor luggage handling is included during our Trips, though you will be required to carry your luggage in airports, hotels, and other public areas. We accept no responsibility for lost or damaged luggage.
- We recommend the use of a TSA-approved lock for all luggage.
- Some airlines have instituted enhanced or modified screening procedures in response to the COVID-19 pandemic. It is your responsibility to check with your respective airline carriers to see how these procedures may impact your travel.
- The Explorer’s Passage is not responsible if an airline cancels or delays flights to or from the destination trip country.
- Our hotels are picked in accordance with the theme of our Trips. Due to the locations of the activities, we sometimes stay at Boutique Hotels to provide a more intimate & authentic feel. However, there are certain downsides to smaller hotels – namely fewer rooms to switch to in the case of a complaint, and more inconsistencies (charm) between the rooms. Beds and rooms in hotels in some countries tend to be significantly smaller than in their US counterparts.
- Prices are per person, for double occupancy.
- Rooms will be allocated based on the hotel’s discretion.
- In the unlikely event that a hotel must be substituted, we will on a best efforts basis change to a hotel of similar or better standard.
- Upgrades may be available from time to time. If available, we will let you know the additional cost and ask if you are interested in upgrading.
- Photographs and/or video might be taken of you during a TEP Trip. By participating in a Trip, you agree that TEP may use, re-use and reproduce any images, photographs or videos that you send to us, or that are taken by our guides, or that are taken by a member of our media team, 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 or compensation, for promoting and publicizing our travel products and services worldwide and/or for TEP entering into licensing and/or commercial sale of media with and to third-party organizations. If you do not want us to use any images of you that are taken by us or other Travelers during the Trip, you must inform us or your Trip leader in writing before the start of the Trip.
- Our Trips are active in nature. We market ourselves as different from other tour operators, largely based on our physical adventures and hands-on approach to exploring both urban and remote areas.
- By signing up for this Trip, you are familiar with the requirements and agree to have made a realistic assessment of your health and find yourself capable of performing the activities described in the itinerary, not limited to walking/trekking for hours at a stretch, climbing stairs, navigating uneven terrain indoors and outdoors, riding animals, engaging in watersports, and are generally physically fit.
- We regretfully cannot allow anyone unable to meet these physical requirements on the Trip. No refund will be made for those unable to carry out the activities described in our itineraries. If you are unsure about your fitness level, we urge you to obtain the advice of your doctor.
- We operate under a strict smoke-free policy in vehicles.
- Given the remote nature and varied, rugged terrain featured on most TEP Trips, most of our Trips are not wheelchair accessible at this time.
- We will do our best to honor dietary needs, room preferences, and seating arrangements on transportation during the Trip. However, we do not make any guarantees that they will be ensured. In most cases, this is determined by the capacity and ability of our suppliers.
- Dietary requirements will be considered whenever possible but we make no promises about being able to consistently meet your specific needs, as some of our food providers are limited in their services and availability of certain items in certain countries.
- Illness and stomach sickness are a potential risk during travel. We use a mix of tourist-friendly and local restaurants and therefore cannot guarantee that you will not experience stomach discomfort.
- We have no special knowledge of the financial condition of our suppliers, unsafe conditions, hazards of health or of weather, or climate extremes in places to which you may travel. For up to date information, we suggest contacting the US State Department or Centers for Disease Control and Prevention (CDC). If asked, as a courtesy, we may provide medical information based on our personal experiences (for example, with regards to anti-malarial pills). This information is not to be confused with, taken as, or taken instead of medical advice from a licensed and qualified professional.
- It is incumbent on the Traveler to bring their standard prescriptions, dietary supplements, and similar health items on each Trip in order to accommodate health and/or diet conditions and restrictions.
- An Element of Risk – it is important to note that the act of traveling inherently contains an element of risk that cannot be fully eliminated. The specific risks that you will be exposed to will depend on your itinerary as well as conditions that are outside of the control of The Explorer’s Passage. By accepting these Terms and Conditions and booking this Trip, you voluntarily choose to accept that there is an Element of Risk to your participation.
- You are responsible for respecting the authority and following the directions of the Trip Leader and/or tour guides during the Trip. We may exclude you from participating in any part or all of the Trip, if in our sole discretion, your condition or behavior renders you unfit for the Trip or unfit for continuation once the Trip has begun. Unfitness may include, but is not limited to, any behavior or circumstances that regardless of its cause is inappropriate or offensive or interferes with the delivery of Trip services, or may constitute a hazard or an embarrassment. In such case, our liability shall be strictly limited to a refund of the recoverable cost, if any, of any unused portion of the Trip. Further, we will not be liable for any other loss or fees that may arise as a result of this decision.
- We are not responsible for the behavior of any other Trip Participants towards you.
- You agree to release us from liability for any matter for which we disclaim liability under this Agreement. You agree to indemnify us from and against our liability to third parties arising out of your or your companions’ actions or omissions.
- You have the right to skip certain Trip activities on some Trips, though no refund will be given for the unused portion of any Trip. On certain Trips, not participating in an activity can affect the wellbeing, experience, and/or safety of yourself and other Travelers. Due to the remote nature of our Trips, it is important that you acknowledge that, absent express direction from TEP or your Trip leader, it is your decision to travel, return home, and in the case of trekking/and or mountain based activities, ascend or descend a mountain at any time. TEP may make decisions which may affect the entire group, such as a decision to descend the entire group as a result of the status of one group member and/or staff member. All decisions that you make will be at your own cost and expense, including but not limited to a decision to cut a Trip short and in the case of trekking and/or mountain based activities for example, either stay at camp or descend. This means that among other things, we will not be responsible for the unused portion of the Trip per our policy in this Agreement or any financial costs that you incur as a result of the decision, such as lodging costs, meals, etc.
- On adventure trips, leaving a trip for any reason can include but is not limited to early voluntary leave or involuntary leave. It is important to note that there may be additional costs associated with leaving a trip early that you will be required to pay. Please inquire with a TEP Adventure Consultant before the trip to understand these additional costs.
- In the event that delays occur from circumstances or events beyond our control, and they result in an extension of your stay, you will be responsible for your own transfer, hotel, flight change fees, and meal costs and TEP will not be responsible for reimbursing you. This can include but is not limited to a scenario where our expedition ship is not permitted to dock back into the host country and/or a scenario in which weather conditions delay the group in the natural environment during a Trip.
- You are solely responsible for your luggage and property during this trip.
- By signing up for this trip, you certify that you do not have any mental/physical/other condition that would create a hazard for you or any other P
This Agreement shall be governed by and construed in accordance with the law, without regard to its conflict of laws rules. Any legal action arising out of this Agreement shall be litigated and enforced under the laws of the State of New York. In addition, you agree to submit to the jurisdiction of the courts of the State of New York, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the State of New York. In no event will The Explorer’s Passage be liable for anything other than compensatory damages, and you hereby waive all rights to punitive damages.
The terms constituting this offering are set forth in writing on this Web site. You hereby agree to submit to the jurisdiction of the State and Federal Courts located in New York, NY to resolve any disputes or litigation hereunder. Whether or not you choose to print this offering, containing the terms and conditions as described herein, you agree that this contract constitutes a writing.
These Terms and Conditions may not be amended or modified except in a writing signed by a duly authorized representative of The Explorer’s Passage. This agreement is being written in English, which is to be the official language of the contract’s text and interpretation. If you do not agree with the above terms and conditions, you have the option to not participate in this offer.
Additional Items to Address
The Explorer’s Passage defines a Trip as the point in time at which we begin involvement in the destination place or country, to the point in time when we are not involved. What it means to be “involved” is described in this paragraph. In the event that a trip includes a trip leader or representative picking a Traveler up from an airport or transit terminal and transferring to a hotel (“Transfer”), the Transfer is the point at which this involvement commences. For Trips without Transfers, the first team or group formal meeting/briefing is the point in time at which this involvement commences. On Trips without Transfers, the culmination of the Trip is defined as the final team or group meeting and farewell before Travelers depart for transit hubs. On Trips with Transfers, the culmination of the Trip is defined as the point at which a trip leader or representative leaves you at a transit hub.
When The Explorer’s Passage does arrange travel to and/or from a trip destination, this inbound/outbound travel is your own independent travel time and not considered part of the Trip, per the paragraph above.
Information in Brochures / Electronic Advertisements
All information given in any brochure or otherwise advertised, (including electronic advertisements on the Internet) is, to the best of TEP’s knowledge, correct, but TEP cannot guarantee that all such information is accurate or entirely current. Further, TEP reserves the right to change such information before any Trip. The photographs reproduced and information provided depict typical scenes experienced and details of each Trip destination. However, the depicted or described subject matter may not necessarily be seen or experienced while visiting that destination, as conditions and itineraries may change, be adjusted, etc. as explained in this Agreement.
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 The Explorer’s Passage and you and your respective heirs, legal and personal representatives, successors and assigns.
Updating of Terms and Conditions
We may on occasion amend these Terms and reserve the right to update or alter these Terms at any time. You acknowledge and agree that any amendment will take effect and be considered accepted by you seven days after being posted to our website, immediately upon notice to you in writing by email or mail, or upon your continued use of our services or participation on one of our Trips, whichever of these occurs first. An up-to-date copy of these Terms will be sent to you upon your written request. We recommend that you refer to these Terms prior to travel to familiarize yourself with the most up-to-date version available.
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 or interruptions of a Trip for any reason (e.g., bad weather, trail conditions, landslides, flooding, sickness, illness, virus, etc.); (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; or (d) expenses and costs due to quarantine or border closures/restrictions.
Expedition Application Terms
Neither The Explorer’s Passage, Inc. nor its partners, principals, consultants, or contractors represent that an applicant will be granted acceptance to a particular trip, nor its partners, principals, consultants is responsible in any way for an applicant’s failure to gain such admission. Due to the large number of applicants and the limited number of spaces on certain trips, no applicant can be assured of acceptance, no matter how strong that the application is. The Explorer’s Passage, Inc. nor its partners, principals, and consultants does not make any express or implied warranties, guarantees, assurances or representations to the applicant with respect to acceptance.
For TEP trips, please contact a TEP Adventure Consultant for the minimum age requirement, which is contingent upon the nature of the trip.
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.