Limitation of Liability
These paragraphs (together with the Release of Liability & Assumption of Risk you will sign before joining your tour) define our responsibility with respect to all our tours. PLEASE READ IT CAREFULLY. Payment of your deposit represents your acceptance of the following terms and conditions:
Boundless Journeys, Inc. (and its employees, agents, guides, associates, directors, officers and shareholders, hereinafter referred to as “Boundless Journeys, Inc.”) gives notice that services provided in connection with its itineraries, including transportation, hotel accommodations, restaurants, and other services, are purchased from various independent suppliers who are not affiliated with Boundless Journeys, Inc. in any way. Although we endeavor to choose the best suppliers available, Boundless Journeys, Inc. has no right to control their operations and therefore makes these travel arrangements upon the express condition that Boundless Journeys, Inc. shall not be liable for any delay, cancellation, mishap, inconvenience, expense, irregularity, bodily injury or death to person, or damage to property, occasioned through the conduct or default of any company or individual engaged in providing these services. Each of these passenger conveyance companies, tour companies, hotels, restaurants, and other independent suppliers is subject to the laws of the state or country where the service is provided. The liability of independent suppliers may be limited by their tariffs, conditions of carriage, tickets and vouchers, and international conventions and agreements.
The cost of all Boundless Journeys, Inc. tours is priced on the basis of travelers agreeing to this Limitation of Liability. In consideration for participating in the tours, travelers agree not to sue Boundless Journeys, Inc. with respect to, and forever release them from, all liability for economic loss and physical or mental injury, direct or indirect, arising in connection with the tour—including, without limitation, permanent disability and death; any emotional distress; any loss of services, financial support, aid, consortium, or companionship; and any damage to or loss of property—in each case even if caused in whole or in part by the conduct, including the negligence, of Boundless Journeys, Inc., except where such loss, injury, or damage is caused by willful or fraudulent conduct on the part of Boundless Journeys, Inc., in which case the traveler shall have the right to mediation and arbitration as further described in the Release of Liability & Assumption of Risk, which travelers will sign before joining their tour.
Travelers further agree that they will hold Boundless Journeys, Inc. harmless with respect to any claims arising in connection with the tour made by (a) the travelers’ family members, dependents, or heirs, or (b) third parties whom the travelers, their estate, or their family members, dependents, or heirs have sued, if damages are recovered from such third parties, to the extent the third party obtains any indemnification from Boundless Journeys, Inc.; except where the loss, injury, death, or damage is caused by reckless or fraudulent conduct on the part of Boundless Journeys, Inc.
The right is reserved to substitute both guides and accommodation for those listed in the catalog and tour materials, as well as reverse the order of places to be visited and make other reasonable changes in the itinerary where deemed advisable for the comfort and well-being of the travelers. Boundless Journeys, Inc. reserves the right to decline or accept—or to restrain from further participation—any traveler it judges to be incapable of meeting the rigors and requirements of participating in the tour activities, or any traveler whose actions or deportment it judges unsuitable for group travel.
In further consideration for participation on the tour, Boundless Journeys, Inc. reserves the right to take photographic or film records of any of its tours, and may use any such records for promotional and/or commercial purposes, without remuneration to the traveler. Travelers agree to assign all right, title, and interest they may have in or to any media in which their name or likeness might be used to Boundless Journeys, Inc. |