T&Cs Terra LLC | Vagabond Trails

Terms & Conditions

Hello, We are Terra Expeditions LLC!

We also operate under the brand name Vagabond Trails.

Below are the terms and conditions under which Terra Expeditions LLC dba Terra Photography Expeditions and Vagabond Trails (“Terra Expeditions”, “we”, “us”, “our”) agrees to arrange certain Travel Products for your trip. The term “you”, “traveler”, “participant”, or “guest” refers to the person making a booking with us as well as all members of their group.

Our Agreement With You. We draw your attention to the terms and conditions of travel outlined below, including all brochures, disclaimers, correspondence and the terms and conditions of our Suppliers, that form the basis of our legally binding agreement with you (“Terms and Conditions”). Before making a booking with us you must ensure that you have read and understood these Terms and Conditions (and ask any questions you may have). Please be aware that these Terms and Conditions contains waivers of liability as well as waiver of class action and venue selection and notice clauses. By making any payment to Terra Expeditions or participating in any of our travel experiences, you are accepting all of the terms and conditions set forth herein (including the Cancellation and Chargeback sections), and are acknowledging that you have read these legally binding Terms and Conditions and agree with it. If you do not agree with any part of these Terms and Conditions, you must not make a booking with us or travel with us.

You represent and warrant that (a) you are of sufficient age in your jurisdiction to use our services and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent (i.e., your traveling party) and accept these Terms and Conditions on their behalf, and (c) the information supplied by you and members of your group is true and correct.

Bookings By Travel Advisors or Agents; Group Bookings. Please note that if you are booking through a travel advisor or agent, your travel advisor or agent acts solely for you as your agent, and not as agent for us or our Suppliers, in making the arrangements for Travel Products. Terra Expeditions is not responsible for any representation or conduct of your travel advisor or agent, including, but not limited to, any failure to remit your deposit or other monies to Terra Expeditions, for which you shall at all times remain liable, or any failure to remit a refund from Terra Expeditions or our Suppliers to you. Receipt by your travel advisor, agent or other authorized individual (including any person who books a Travel Product on your behalf) of these Terms and Conditions or other information from Terra Expeditions or its agent shall constitute receipt of such materials by you. If your travel advisor or agent fails to remit any monies paid by you to the travel advisor or agent, you remain liable for the monies due Terra Expeditions.

Violations By You. You agree that any violation of any part of these Terms and Conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, and (c) you being denied access to the applicable Travel Products, and (d) our right to debit your account for any costs we incur as a result of such violation.

Changes To These Terms and Conditions. Terra Expeditions reserves the right, in our sole discretion, to change these Terms and Conditions at any time. Updated versions of these Terms and Conditions will be posted here on this website at https://www.vagabond-trails.com/terms-conditions and are effective immediately on posting. Accordingly, guests should check the website frequently prior to travel, especially before you make a booking, in order to ensure that they are aware of any changes. Your continued use of our services, including continuing to use or maintain any bookings after any changes to the terms and conditions hereof, constitutes your consent to the changes.

Non-Responsibility for Travel Products. Terra Expeditions does not provide, own, manage, operate, supervise or control the travel services and products that may be provided as part of your trip, such as accommodations (e.g., hotels, mountain huts), eateries, trains, guides and other professional services, motorcoaches, rental cars, flights, cruise ships, yachts or other boats, packages, or travel insurance (the “Travel Products”). All Travel Products are owned, controlled, operated, or made available by independent third parties such as destination management companies, tour guide companies, airlines, hotels, properties, cruise lines, and tour operators (the “Suppliers”). The Suppliers are solely responsible for the Travel Products as well as any and all benefits, perks, or amenities, including without limitation, resort credits, on-board credits, free specialty dining, spa credits, in-room amenities, etc. The Supplier’s terms, conditions and policies apply to your booking. Your interaction with any Supplier is at your own risk; Terra Expeditions does not bear any responsibility should anything go wrong with your booking or during your travel. You agree that Terra Expeditions acts only as agent for the traveler in acquiring transportation, hotel accommodations, cruises, sightseeing and other Travel Products, privileges or services for the travelers’ benefit, and on the express condition that Terra Expeditions shall not be responsible for any act, omission, negligence, bankruptcy, insolvency or default of any Supplier, company or person engaged in or responsible for any Travel Products, or otherwise in connection therewith. You further acknowledge that air carriers shall not be liable for any portions of the tour other than air transportation.

Deposits and Payment. Any deposits from you are non-refundable unless a tour is marked as “Pending”. Payment of a Deposit enables us to hold a reservation for you. We will advise you of the date that full payment is required (generally 90 days before the start of the tour, unless otherwise stipulated on the tour page). Payments of deposits are required at the time of booking. Deposits are generally 25% of the total amount, unless a Supplier requires a greater amount to secure a booking, or other information is available on the tour page on our website. Upon your provision of your payment information, you are authorizing us to make the payment arrangements with the corresponding Suppliers.

You must make all payments on time and in accordance with the instructions that we provide you. Travelers who fail to make payment in accordance with their tour’s published payment schedule are subject to an increase in tour price or tour cancellation, at Terra Expeditions’ sole discretion. If we do not receive any payment due in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out below will become payable. We reserve the right to refuse a booking without giving any reason and shall, in that event only, return all sums received. Depending on the tour, reservations may be transferable, at Terra Expeditions’ sole discretion.

Pending and Confirmed Status of Tours. “Pending” tours are tours which have not yet met the requirement of minimum participation – this means that it is not yet confirmed to go ahead. “Confirmed” tours have met the minimum number of participation and is confirmed to go ahead. When a tour is marked as Pending, we strongly advice against making travel arrangements (e.g. booking flights). When a tour is marked Confirmed, it is time to make your travel arrangements (e.g. booking flights). Please note that a Confirmed tour can still be cancelled according to these Terms and Conditions.

In case not enough people are registered for a Pending tour, we may decide to cancel the tour. In this scenario, you will receive a full refund, including the deposit payment. Any costs incurred by you to be able to participate in the tour (booking of hotel rooms on location, flights, train tickets, etc.) are non-refundable and will not be refunded by us. All refunds are subject to processing fees and other fees imposed by financial institutions to process and complete the refund.

Cancellations and Changes.

If You Change Your Booking. Changes from one tour to another are permitted (subject to the terms and availability of Suppliers and Terra Expeditions) until final payment in full is due (typically 90 days before the start of the tour, unless otherwise indicated on the tour page, the “Balance Due Date”). Changes later than the Balance Due Date are not permitted. Please note that all reservation changes are subject to availability and the terms and conditions of the product purchased.

If You Cancel Your Booking. Cancellation of travel must be made in writing and is effective from the date we receive the written notification. Should a cancellation become necessary, please inform us immediately in writing at info@vagabond-trails.com and request a written confirmation of your cancellation.

If we receive your cancellation notice for a Confirmed tour after paying the Deposit payment but before the applicable Balance Due Date, any monies received by us are non-refundable.

If we receive your cancellation notice for a Pending tour after paying the Deposit payment, the deposits paid are refundable.

For any cancellation received for a Confirmed tour after the Balance Due Date, any monies received by us will not be refunded and are non-refundable.

If the reason for cancellation is covered under the terms of your travel protection plan you may be able to reclaim these charges, for this reason we strongly encourage the purchase of a travel protection plan.

Cancellation by Suppliers. The Suppliers’ terms and conditions (which apply to your use of their Travel Products) may allow them to cancel or amend bookings. We will ensure that you are promptly notified of any significant changes once we become aware of such change if there is time before your departure, but we accept no liability for any changes or costs incurred that may result from a Supplier’s cancellation. Subject to the Supplier’s terms and conditions, you will then have the choice of accepting the change of arrangements, accepting an offer of alternative travel arrangements if one is made available by the Supplier, or cancelling your booked arrangements and receiving any applicable refunds (which are the sole responsibility of the Supplier). We do not guarantee that any refunds will apply and are not responsible for any other travel arrangements affected due to the cancellations.

Emergency Cancellation by Us. We strive to deliver all scheduled tours; however, our operations often take place in remote and sometimes challenging environments where unforeseen risks may arise. To ensure the safety of our participants, we reserve the right to cancel a confirmed tour due to extreme weather conditions, natural disasters, human-caused disruptions, force majeure, or any other circumstances beyond our control. In such cases, no refund will be issued.

Advance Cancellation by Us. In the event of unforeseen circumstances or force majeure, we may need to cancel a confirmed tour in advance. If we initiate such a cancellation, we will issue a refund, deducting any non-recoverable costs, including payments made to suppliers and other expenses incurred due to the unforeseen circumstances or force majeure.

Changes to Itineraries. Terra Expeditions reserves the right to make changes to its itineraries which we deem insignificant (in our sole discretion) or changes that are due to force majeure or other reasons beyond our control. In such cases, we will attempt to arrange for the substitution of comparable services.

While no changes are anticipated, there may be occasions when certain alterations become necessary. These can be due to religious holidays, national celebrations, or unforeseen events including weather, governmental closures, force majeure, or any other reason. Terra Expeditions reserves the right to change the itinerary due to such unforeseen circumstances or emergencies. Additionally, sites undergo renovations from time to time which can obscure viewing or otherwise change the nature of visiting these sites. No trips will be cancelled due to renovations, although Terra Expeditions may choose to amend itineraries for such sites. These changes will not be considered cause for cancellation by the guest.

If we suggest alternate activities in place of a planned stop or in case of leisure time, such suggestions do not constitute our endorsement. In such a case you will be subject to the terms and conditions of the Supplier of the activity and your only recourse in case of damage will be against the Supplier of the alternate activity.

Additional costs due to changes of itineraries or cancellations or force majeure. Our operations span diverse and often unpredictable environments, including mountainous regions, dense jungles, open seas and oceans, glaciers, deserts, and Arctic landscapes. The inherent unpredictability of these locations adds to their adventure and allure. However, unforeseen circumstances or force majeure events may necessitate changes to itineraries or the cancellation of tours.

In such cases, additional costs may arise, including but not limited to accommodations, transportation (such as, but not limited to, flights, taxis, and buses), and emergency evacuations. These expenses will be the sole responsibility of you.

If the reason for these additional and unforeseen costs is covered under the terms of your travel protection plan you may be able to reclaim these charges, for this reason we strongly encourage the purchase of a travel protection plan.

Price & Rate Changes. All prices are in US dollars and include VAT (Value Added Tax) in effect at time of issuance. The price of your itinerary will be based on known costs at the date of issue of the itinerary. All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. All rates and prices are subject to increase due to an increase of our costs, including but not limited to: land services, taxes, fuel cost, and currency fluctuations. All rates are confirmed at final payment. Fares and schedules are subject to change and are not guaranteed until ticketed. As our tours are carefully curated experiences for groups, you are not able to request or make any changes to your finalized itinerary.

Credit Card Payments. Payments can be made via major credit cards including Visa, Mastercard, American Express and Discover, and travelers must provide to us a click (checkbox) or signed authorization for every transaction for your trip. Your authorization is a legally binding agreement for us to charge your card and an acknowledgement and agreement to these Terms and Conditions including the cancellation terms. As such, you agree not to make any improper chargebacks.

In certain cases, you have the ability to dispute charges with credit card companies ("chargebacks"). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. Terra Expeditions retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks, and to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut the chargeback claims below, including without limitation:

Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
Chargebacks arising from inconsistency or inaccuracy with regard to the Supplier’s product description.
Chargebacks resulting from force majeure or other circumstances that are beyond the control of Terra Expeditions or the Supplier.
Chargebacks resulting because you do not agree with the cancellation policy.
Chargebacks resulting because you were not provided with an itemized breakdown of costs in connection with your tour.

What’s Included In Your Trip. All tours are subject to the specific inclusions and exclusions as explicitly outlined in your final tour itinerary. Subject to the foregoing, tours generally include:

Accommodations. Accommodations are provided as detailed in your itinerary and are generally based upon double or single occupancy. Special requests such as single rooms, lower floors, connecting rooms and smoking preference, must be made at the time of booking (as may not be available). While we will make reasonable efforts to communicate your requests to the Supplier, such requests are not guaranteed and are at the discretion of the Supplier. There may be additional charges for such requests which will be solely the expense of the guest making the request. Please note that cabins/rooms with two beds are usually reserved for doubles. The price for rooms/cabins occupied by one person is higher than those when two or more people share the cost of a room.

Travelers participating in our international tours should be aware that room sizes, standards and facilities can vary regionally and are often different from standards in the United States. This can include difference in bed sizes and room sizes, bathroom amenities, amenities such as air-conditioning and compliance with other standards such as Americans with Disabilities Act (ADA) and wheelchair accessibility. One of the joys of international travel is experiencing different cultures and different ways of life so we hope that you will accept these differences with grace and a sense of adventure. In addition, Terra Expeditions reserves the right, if necessary, to substitute other similar accommodations for accommodations listed on your itinerary. Such substitutions may be made at any time and without prior notice. We cannot be held responsible for over-bookings; should such occur, we will undertake to find similar accommodations in the same area. Such substitutions are at Terra Expeditions’ sole discretion and no refunds will be offered for changes in accommodations.

Hotel and other accommodation profiles are based on information provided to us by the Supplier. This includes images and descriptions of the properties and rooms. Additionally, travelers should be aware that star ratings or similar systems are based on country classifications and therefore can differ. While Terra Expeditions does its best to maintain current and accurate information regarding these Suppliers, we cannot be held responsible for any inaccuracies in Supplier descriptions, amenities, or images.

Transfers. Terra Expeditions is pleased to offer air and land transfers and standard luggage handling (see Luggage Policy section herein) strictly in accordance with your individual itinerary, subject to additional fees as described in said itinerary. Except as expressly provided in your itinerary, traveler is solely responsible for transfers to and from airports and all other locations/destinations. You must be on time for all transportation. There will be no refund for missed or unused transfers. If applicable, you must provide us your flight information no less than forty-five (45) days prior to departure to ensure transfers will be available. If at any time your flight plans change, you must notify us immediately. Failure to do so may result in missing these services and no refund shall be due for missed arrival transfers resulting from missing or outdated flight information.

Meals. Meals are only included as expressly indicated in the itineraries. Any food and beverages consumed outside of itinerary meals are not included and are at the sole expense of the guest. While we work with our food providers to accommodate special dietary requests, some of our partners (from small wineries to grand hotels to world-famous restaurants) are better able than others to accommodate such requests. For safety and liability reasons, Terra Expeditions and its Representatives cannot be responsible for directly accommodating any food allergies, or dietary requirements and restrictions, and is not responsible for any issues or problems associated with the same. We will advise our Suppliers of your request, but we cannot guarantee their availability.

Sightseeing/Activities. Sightseeing trips and activities, including services of and gratuities for Guides, are only included as provided in the individual itineraries. Any excursions or activities not included in itineraries and done outside of tour times are at the sole expense of the traveler. Some trips and activities are specifically designed to accommodate groups. If you are in a group, then you must, as a courtesy to others in the trip and/or activity, be on time for all scheduled experiences. Trips and activities will begin on time and failure to arrive will be considered a no-show for which NO refunds will be available. It is essential that you keep in mind that trip and activity times are set to accommodate climate, crowd size and best viewing options for you or your group. At times, early morning departure times may help create a better experience. Therefore, late arrivals cannot be accommodated.

Proof of identification may be required in order to obtain entrance to museums, churches and other sites. Locations and venues, including without limitation museums, galleries, landmarks, eateries, churches and other places of worship or significance, reserve the right to deny entrance to any individual not adhering to their entrance rules and restrictions, including but not limited to conformance to its dress code.

What’s Not Included In Your Trip.

Any items and matters not explicitly referred to in your itinerary, or referred to in your itinerary as “excluded”, are not included in the trip price. This can include but is not limited to items such as flights and airfare (international or domestic) not listed in itinerary, any transportation not specified in your itinerary, checked and/or excess baggage; passport and visa fees; trip protection and/or insurances of all kinds; any donations, gratuities and tips (i.e., hotel housekeeping) if not listed on your itinerary; laundry; phone calls; minibar; beverages and meals not detailed in the itinerary; optional experiences; souvenirs; and all items of a personal nature. Additional taxes and surcharges may be collected by foreign governmental and non-governmental entities. The price does not cover costs and expenses, including your return home, if you leave the guided trip whether of your own volition, our decision based on behavior that disrupts the trip, due to illness, action by any government or other reason. This list is illustrative and not a complete list of every item not included.

Travel Insurance. It is the traveler’s responsibility to protect their purchases and you are required to privately take out adequate insurance for the duration of your journey. Travel insurance is not included in the cost of your trip. Travel insurance, health insurance, accident insurance, mountain rescue insurance, personal liability insurance are mandatory elements of our tour arrangements. Travel protection plans must be purchased in close conjunction with your travel purchase and must be valid for the location, activities and time where and when the tour is to be held.

Terra Expeditions is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans and as such Terra Expeditions cannot evaluate the adequacy of the prospective insured's existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.

Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. Terra Expeditions cannot be held responsible for denied entry if a traveler is unable to provide details to authorities of insurance or denial of entry for any reason. Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate coverage, we will not be liable for any of your losses howsoever arising, for which trip protection plan coverage would otherwise have been available.

Destinations & Documentation (Passport, Visa, etc.). Travel to certain destinations may involve greater risk than others. Terra Expeditions urges travelers to remain informed on a daily basis as to current news, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at https://travel.state.gov/content/travel.html, and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are in compliance with all requirements for admittance into that country (for example, COVID-19 or similar requirements), as well as understanding local laws that govern travel within a country, such as medical tests and tracking. Should you choose to travel to a country that has been issued a travel warning or advisory, Terra Expeditions will not be liable for damages or losses that result from travel to such destinations. A U.S. State Department list of travel advisories is available at:

https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html/.

It is the responsibility of each traveler to obtain and carry a valid passport, visa(s), inoculations, and all other documents required by applicable government regulations. When travelling domestically within the USA or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight, found here: http://www.tsa.gov/traveler-information/acceptable-ids. Air travelers with identification (ID) that does not meet the REAL ID ACT requirements will have to use alternate ID forms (passport, military ID, or permanent resident card) to pass TSA security checkpoints—even for domestic travel. Visas are required when they apply. You can find out if your international destination requires a visa at https://www.usa.gov/visas-citizens-traveling-abroad. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation. Terra Expeditions strongly recommends that you take into account that certain countries will not admit a traveler if their passport expires within six (6) months of the date of entry. Many countries require a minimum number of blank pages in your passport book. Non-USA citizens may require additional documentation. Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities. If you are traveling as the guardian of a child/children, we strongly suggest that you carry a letter from both parents of the child authorizing emergency treatment in the event of illness or accident. For travel abroad, many foreign countries have specific entry requirements for children under twenty-one (21) years of age who are traveling internationally without both parents. Please note that Terra Expeditions is not responsible for the disruption of travel caused by improper documentation for children traveling without both parents. Please visit www.travel.state.gov or https://www.dhs.gov/real-id for the most updated requirements for travel documentation.

You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing traveler to miss flight(s), and subsequent scheduled bookings. Terra Expeditions bears no responsibility for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry.

Traveler Information. We bring to your attention the importance of accuracy. Names provided to secure reservations must match travelers’ passports. Any minor name corrections advised after airline tickets have been issued will incur fees. Not all name corrections will be permitted by airlines and may require the purchase of a new ticket. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation. Please review documents carefully and promptly as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us as soon as possible with any corrections. United States citizens are required to hold a valid passport when traveling abroad. Non-citizens may have other requirements, and if you are not a US citizen you should check with the embassy or consulate to find out what, if any, visa requirements you will need to comply with.

Changes in Guides. We love to work with creative guides, i.e., external, independent third-party creatives (“Creative Guides”). Our Creative Guides are specific to certain tours. It is important to remember that these can get sick, have unforeseen life events, or simply miss their flights. If this were to happen, we reserve the right to continue the tour (with the Creative Guide joining as soon as possible, if possible) or completely without them. If we have advanced knowledge of a Creative Guide’s inability to join the tour, we will always notify you and endeavor to find a replacement. In the case of a Creative Guides partly or completely not participating in a tour, no refunds will be made.

If You Have a Complaint. If you have a problem during your tour, please inform the relevant Supplier (e.g. your hotel) immediately. Should they be unable to resolve the matter, please immediately contact us. If we have a tour leader on the tour, then talk to that person. If you fail to timely contact us, we will not be permitted the opportunity to investigate your complaint and attempt to rectify any error while you are away, and this may affect your rights under these Terms and Conditions.

Late Arrivals and Early Departures. No refund will be made for any tour hours or days missed due to late arrivals or early departure by you.

It is very important that you arrive on time for the start of a tour. Any delay from you could jeopardize the opportunity for you to join the tour. In case of a late arrival by you that we are unable to accommodate, your tour will be cancelled without refund. It is thus important to contact us if you are late to see if we can make arrangements for you to catch up with the tour. As we often operate in remote areas this is sometimes not possible. For late arrivals, you will bear all the costs and responsibility that it may involve (additional guides hire, transport, hotel room, etc.)

In case of an early departure, you will bear all the costs and responsibility that it may involve (additional guides hire, transport, hotel room, etc.). If the departure is due to an illness or an accident, you will use your personal health, accident, or mountain rescue insurance to which you will have subscribed prior to the tour. If you leave the tour before its completion, you will not be able to receive any refund for the time missed.

Physical Requirements. Many of our tours are in mountainous areas that require us to trek or run (depending on if you signed up for a trekking or trail running tour) both short and long distances. It is imperative that you are fit and agile enough to handle the physical demands of the tour that you signed up for. The daily estimated distances and elevation gain/loss is available on the tour page. For the safety, comfort and enjoyment of the group, we require all travelers to be able to maintain a “Reasonable Average Speed” when out on the mountain trails. Maintaining a “Reasonable Average Speed” is imperative as failure to do so can significantly prolong our daily excursions or even slow down an evacuation in case of e.g. bad weather or other unforeseen risks.

For trail running tours, the “Reasonable Average Speed” is that of a trail run of 20 km (12.43 miles) with 1500 m (4921 feet) elevation gain and 1500 m (4921 feet) elevation loss at an average speed of 4 kilometers per hour (3.1 miles per hour) or 5 hours for the 20km trail run (this is an average figure for moving that includes uphill treks and downhill and flat running). Days can be up to 35 km (32 miles) in length.

For trekking tours, the “Reasonable Average Speed” of the group is that of a mountain hike with an average speed of minimum 3.5 kilometers per hour / 2.17 miles per hour (this is an average figure for moving that includes uphill, downhill and flat trekking).

Slower average speeds may jeopardize the safety, comfort and enjoyment of the group, and thus require your guide to ask you to do one of the following things: In the case of day treks that return to the same accommodation, the guide may ask you to not join the more strenuous itineraries of the tour. In the case where you are trekking from one accommodation to another accommodation (so called hut-to-hut treks) then the guide may ask you to exit the tour.

It is your responsibility to ensure that you are fit and agile enough to accomplish a given itinerary. For the safety of our guests, Terra Expeditions reserves the right to request health information prior to travel, including if requested by us, a letter from your doctor confirming your fitness to travel, and as such may need to exclude any travelers it deems unfit for travel, at its sole discretion. If the guide is forced to instruct you to not join the tour for a day or to completely exit the tour, it is at your own expense and no refunds will be made. If you exit the tour, you may not be able to make use of the accommodation reserved for you.

Your Responsibility to Follow Your Guide's Instructions. Many of our tours are in areas where we employ professional guides of various relevant qualifications (e.g. International Mountain Leaders, expedition guides, local guides, ship captains, etc.) for the safety and comfort of the group. You are obliged to follow any reasonable and relevant instructions from your guide. Failure to do so may force the guide to instruct you to exit the tour. If this happens, you must exit the tour at your own expense and no refunds will be made. You may not be allowed to make use of the accommodation or transport reserved for you.

When you book with Terra Expeditions you accept responsibility for any damage or loss caused by you or your traveling party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid directly at the time to the accommodation owner or manager or other Supplier. You must indemnify us for the full amount of any claim (also including legal costs) made against us. We are not responsible for any costs incurred concerning a guest removed from a trip, or any portion of a trip. You agree not to hold Terra Expeditions or any of its Representatives liable for any actions taken under these Terms and Conditions. Baggage and personal effects are at all times the sole responsibility of the traveler.

You acknowledge and agree to follow and abide by any and all laws and regulations of any state and/or country you enter while participating in the trip. While all local and national laws and regulations are important to follow, we strictly encourage you to be informed concerning the use and/or possession of drugs in particular. There will be no tolerance for any use or possession of any drug and your failure to strictly comply with this requirement will result in a breach of these Terms and Conditions and may prevent you from your continued participation. We require responsible alcohol consumption for your safety and for those around you. If you are asked to leave a trip for inappropriate behavior, violence, or any other disruptive action, you will NOT be refunded.

Force Majeure. We cannot accept liability, provide any refund, or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any loss, injury, death, inconvenience or damage as a result of circumstances amounting to “force majeure”. “Force majeure” means any event or circumstances which we or the Supplier of the services in question could not foresee or avoid, including, without limitation, acts of God, fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, landslides, water or power shortages or failures, tropical storms or hurricanes, natural or nuclear activity, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, cybersecurity issues and/or technology outages or disruptions, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel Supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Terra Expeditions that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions.

Assumption of Risk/Waiver. Traveler is aware that travel to such area as traveler is undertaking on the trip may involve inherent risks, some in remote areas of the world. Inherent risks include, but are not limited to, risk of injury or death from: motor and conveyance vehicle collisions, force majeure, animals, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other travelers, Terra Expeditions and its Representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; foodborne illnesses, dietary restrictions or allergic reactions, fatigue, chill, overheating, and/or dizziness; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.

You understand that the description of these risks, is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip, traveler is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness, and death. Traveler hereby accepts and assumes full responsibility for any and all risks and agrees to and shall hold harmless and fully release Terra Expeditions and its employees, shareholders, agents, and representatives (“Representatives”) from any and all claims associated with the trip, including any claims of third party negligence and/or the negligence of Terra Expeditions and/or its Representatives and traveler hereby covenant not to sue Terra Expeditions and/or its Representatives for any such claims or join any lawsuit or action that is suing Terra Expeditions. These terms also bind your heirs, executors, administrators, legal representatives and assigns. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of these Terms and Conditions, whether by operation of law or otherwise.

Indemnification. To the fullest extent provided by law, Traveler agrees to and shall indemnify and hold harmless Terra Expeditions and its officers, directors, employees and agents, from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by Terra Expeditions (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) traveler’s breach or violation, or threatened breach or violation, of these Terms and Conditions; (ii) any of your negligent acts or omissions, or any damage caused by traveler while participating in the trip; (iii) any force majeure or inherent risk of travel; or (iv) claims brought by third parties in connection with any of the foregoing. The terms of this INDEMNIFICATION paragraph shall survive any termination or cancellation of these Terms and Conditions, whether by operation of law or otherwise.

Media License. Traveler hereby gives consent and grants to Terra Expeditions a royalty-free, perpetual, and irrevocable license to publish any testimonials, reviews, photographs and/or videos of the trip or traveler in any form of media without obtaining further consent and without compensation, solely for the purposes of marketing our trips. In addition, Terra Expeditions may occasionally use photographs and/or videos taken on tour by fellow guests, tour guides, or professional photographers for use in print, internet and other promotional purposes. If you prefer that your image not be used in any marketing activities, please email us. By agreeing to these Terms and Conditions, each traveler releases Terra Expeditions and its Representatives from any and all liability in connection with any use of such forms of media.

Data Processing. You consent to our processing and sharing of personal information about you and other members of your party that you have provided to us to make your necessary travel arrangements.

Class Action Waiver; Limitation of Damages; Notice of Claim Required. You agree that you will only bring claims against Terra Expeditions in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. Terra Expeditions shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against Terra Expeditions unless you have first provided a written notice of claim to Terra Expeditions within seven (7) days after the trip or cancellation of the trip, further provided that you agree that you must file suit within one (1) year of the incident. You acknowledge that this expressly limits the applicable statute of limitations to one (1) year. Any claims not notified or brought as described above shall be deemed irrevocably waived and barred. Notwithstanding the foregoing, in no event shall Terra Expeditions’ liability to you (or any member of your traveling party, or your/their heirs, successors and assigns), from any cause of action (whether in contract, tort, indemnity, equity, or otherwise), exceed the amounts paid to Terra Expeditions for the services Terra Expeditions performed and provided to you in connection with these Terms and Conditions, and this is your sole and exclusive remedy for a breach of these Terms and Conditions by Terra Expeditions.

Disputes; Governing Law; Venue. You agree that any dispute shall be governed by the laws of the State of Delaware, without regard to its conflict of laws provisions, and you agree to personal jurisdiction and venue in the state and federal courts located in Delaware. You further agree that, regardless of any statute of limitations, you must notify Terra Expeditions of any claim within 7 days of your completed travel or your claim will be barred as untimely.

Privacy Policy. Your use of our website and services is also governed by our Privacy Policy, available on our website, and incorporated herein by reference.

Miscellaneous. These Terms and Conditions, including any other disclaimers, itineraries, and invoices we provide you, constitutes our entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to Terra Expeditions. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Failure by us to exercise or enforce any right or provision of these legally binding Terms and Conditions shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party. The provisions of these Terms and Conditions which by their nature extend beyond termination or expiration of these Terms and Conditions (whether by operation of law or otherwise) shall survive the expiration or termination of these Terms and Conditions to the full extent necessary for their enforcement and for the protection of the party in whose favor they operate. These Terms and Conditions shall be written in, and all other communication under or in connection with these Terms and Conditions shall be in, the English language. Any translation into any other language shall not be an official version thereof, and in the event of any conflict in the interpretation between the English version and such translation, the English version shall control.

Terra Expeditions LLC

Phone: ++46 705 76 99 88

Email: info@vagabond-trails.com