1.1. This Terms & Conditions of Service (“Agreement”) is a legal agreement between you (referred to herein as “you” or “your”) and Excursionist LLC (“Excursionist”, “we”, “our”, or “us”) for access to and use of Travel Planning and Travel Booking Services through Excursionist.com (the “Website”) and our travel planning representatives (referred to collectively as the “Services”).
1.2 The Services described in this Agreement include: your ability to select and customize hotel, tour and ground handling packages (referred to herein as “Packages”); your ability to submit them to Excursionist for booking (herein referred to as the “Booking Request”); Excursionist assembles the Packages into an itinerary (referred to herein as the “Itinerary”); Excursionist acting as a sales agent for travel providers including, but not limited to, local tour operators, hotels and independent guides (referred to herein as the “Suppliers”) to book this Itinerary for you, (referred to herein as your “Trip”).
1.3 By submitting your travel planning and booking request either through the Website, via e-mail or over the phone, and acknowledging your acceptance by checking the box on our website form or signing an authorization form, you accept and agree to be bound by the Terms and Conditions of this Agreement. If you do not agree to the terms of this Agreement, do not submit your travel planning request and do not access and use these Services.
1.4 You represent that you are not a minor and have the legal authority to enter into this agreement and to be bound by its terms.
2.1 As a condition of your use of the Services by you, you agree and warrant that: a. You will use the Services only in accordance with the Terms and Conditions of this Agreement; b. You will only use the Services to make legitimate reservations for you or for another person for whom you are legally authorized to act and that you will inform such other persons about the terms and conditions that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto; c. All information supplied by you will be true, accurate, current and complete; d. You have thoroughly read, reviewed and understand all information provided about the Packages you are requesting including exclusions, inclusions, level of difficulty, detailed itineraries, accommodations information and any other cancellation policies.
2.2 We retain the right at our sole discretion to deny access to anyone to the Services we offer, at any time and for any reason, including, but not limited to, violation of this Agreement.
2.3 You are solely responsible for (and Excursionist has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which Excursionist may suffer) of any such breach.
2.4 Supplier Terms. Some of Excursionist Packages involve additional products and services that you may purchase in addition to our Packages directly through Suppliers during your Trip, (herein referred to as “Ancillary Services”) These include, but are not limited to, spa treatments and/or day activities from hotels, tour operators and guides. You also acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You agree to abide by the terms and conditions imposed by any Supplier in connection with Ancillary Services purchased by you, including, but not limited to, payment of all amounts when due and compliance with the Supplier's rules and restrictions regarding availability and use. You understand that any violation of any such Ancillary Agreements or Supplier rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our charging you for any costs we incur as a result of such violation (charges which you hereby agree to pay).
3.1 Product Descriptions. We attempt to be as accurate as possible in describing the Packages offered for Booking Request; however, we do not warrant that all such descriptions are complete, current or error-free. From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without liability or prior notice (including after orders are submitted). Excursionist features “local personalities” on its website for each destination where we provide Services. These local personalities may or not be guides, experts or excursion leaders that will interact with our members during a booked experience. Excursionist makes no promises that members will meet or interact with the local personalities listed on our website.
3.2. Packaging of Services. Excursionist requires that you book at least one Package, which includes a tour or other ground services along with at least one night of accommodations in order to receive Services. We require this to ensure that we can ensure a cohesive experience.
3.3 Availability. The Packages featured on the Excursionist website are only available upon request and availability must be confirmed after the Booking Request has been submitted. Excursionist reserves the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or services or to cancel any order.
3.4 Package Pricing. The price provided on the Excursionist.com website is an approximate price quoted in US Dollars based on the chosen hotel room category, the current rate of exchange and the availability of guides. It does include inter-city transportation, additional transfers, air transportation or our service charge. Prices also do not include tips/gratuities to tour directors, drivers or local guides; passport and visa fees; baggage and personal insurance; any items of a personal nature; and any beverages or food not specifically listed under “Inclusions” on Excursionist.com. Excursionist reserves the right to quote a final Itinerary price which is higher or lower than the approximate price quoted on the website without liability or prior notice to cover increased costs, tariffs and taxes, and to reflect fluctuations in currency exchange rates. Excursionist does not itemize costs involved in any of our travel programs beyond what is displayed on the website.
3.5 Hotel Rates and Taxes. You acknowledge that Excursionist pre-negotiates certain room rates with hotel suppliers to facilitate the booking of reservations on your behalf. The total package rate displayed on the Site is a combination of the pre-negotiated room rate for rooms reserved on your behalf by Excursionist, the facilitation fee retained by Excursionist to compensate us for our services and the cost of ground-handling and additional service fees. You also acknowledge that Excursionist does not collect taxes for remittance to applicable taxing authorities. The tax recovery charges included as part of your total Package price are a recovery of the estimated transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that Excursionist pays to the supplier in connection with your hotel reservations. The suppliers invoice Excursionist for tax amounts as part of the total cost of the Trip. The suppliers remit applicable taxes to the applicable taxing jurisdictions. Excursionist does not act as co-vendors with the supplier with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by Excursionist to the suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by our customers. We retain our service fees as compensation in servicing your travel reservation. Our service fees vary based on the amount and type of hotel reservation.
3.6 Local Experts and Guides. From time to time we list the names and biographical information of guides and local experts leading our experiences on the website. Excursionist reserves the right to change the individual(s) at any time prior to or after booking. Excursionist will inform the customer of this change within a reasonable time when possible.
3.7 Submission of Booking Request. You can submit Booking Requests to Excursionist by using the Excursionist.com website, by e-mailing Excursionist or calling our US toll-free number. In order to maintain our customer services standards and to assist with the on-going training of our staff we may record or monitor our telephone conversations or emails with you and record e-mail correspondence with Excursionist.
3.8 Non-Refundable Deposit for Booking Requests. For requests that require a large degree of customization, are complex in nature, or require substantial trip planning, Excursionist reserves the right to charge a $150 non-refundable deposit prior to beginning the confirmation and booking process. This non-refundable deposit will be applied towards the total cost of your trip. This deposit is waived for Explorer members.
4.1 Confirmation of Booking Request. Once you have submitted a booking request, Excursionist will confirm the availability of all aspects of the requested travel Package including tours, accommodations, transfers and room categories and will create a detailed Itinerary and confirmed total price, which will be available for you to review online in the member account and via email. When certain aspects of a requested travel package are not available, Excursionist will recommend appropriate substitutions.
4.2 Special Requests. Special Requests, such as diet, room location, twin or double bedded room, a particular facility or flight seat which are an important factor in the choice of your trip, should be indicated in the online Booking Submission or made in writing. We will pass your request on to our Supplier but cannot guarantee that it will be accommodated. Excursionist will try to arrange for Special Requests to be met, but cannot guarantee that they will be, nor will Excursionist be liable if any Special Request is not met. The provision of any Special Request does not constitute a term of your contract with us unless we have confirmed in writing that your requirement will be met.
4.3 Service Charge. In addition to the cost of the selected Packages that you have selected as well as transportation, transfers and other add-on costs, Excursionist includes a service charge on all bookings, which covers all additional fees, exchange rate fluctuations, facilitation costs above the cost of the travel package itself. This fee is charged is charged as a percentage of the total price and depends upon the destination and specific package booked.
4.4 Final Invoice. Once you have agreed to all aspects of the Itinerary, Excursionist will issue a final invoice either through the Member Account or independently through email. This final invoice will be sent to you via email, including the final price for the Trip, the detailed Itinerary and any additional information. It is important for you to check the details on the Confirmation Invoice as soon as you get it. In the event of any discrepancy please contact us immediately. Excursionist will hold the applicable rooms and services for 48 hours to allow for customer payment.
4.5 Customer Payment. If you choose to purchase the confirmed Itinerary, payment in full is due within 48 hours of receiving the Final Invoice. Payment can only be accepted by major credit card including Visa, Mastercard, Discover and American Express. In some cases involving high ticket price packages or bookings several months in advance of travel, Excursionist may at its digression accept a 20% deposit as payment with the remaining balance due 60 days prior to departure. A contract will come into existence on the date on which you submit payment online and agree to the Terms & Conditions of Service or we receive via e-mail or fax a signed payment Authorization Form which includes your credit card information and signature. Your right to purchase any products or services is conditional on our receipt of the appropriate payment. If such payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, you agree that we reserve the right to cancel your order.
4.6 Right to refuse order. We reserve the right to refuse any order you place with us. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
4.7 Change Fees. Once a booking has been confirmed and paid, any changes to the booking may incur an additional change fee of $100 per person along with any accompanying penalties charged by hotels and other suppliers.
4.8 Cancellation by You. Should you wish to cancel your travel arrangements, you must notify Excursionist in writing via e-mail to your Travel Planning Representative. Such notification will only be deemed to have been given on receipt of your notification, since we can only act on receipt. In your correspondence, please state the reason for cancellation as you may be covered by your insurance policy. We charge a standard cancellation charge as follows:
|Days prior to Departure Date||% of Total Trip Cost|
|More than 60 days||20% of total Trip cost|
|31 - 60 days||60% of total Trip cost|
|15- 30 days||80% of total Trip cost|
|Within 14 days||100% of total Trip cost|
In addition to our general cancellation policy, specific hotels and Packages may also have additional cancellation policies beyond those of Excursionist. For example, many hotels do not permit changes to or cancellations of reservations after they are made. These additional policies, terms and conditions are listed on the website under “Important Information” for each product and in the final Itinerary information provided to you by Excursionist. You agree to review the cancellation policies applicable to your travel package prior to making travel arrangements and agree to pay any cancellation or change fees that you incur. We strongly recommend that you secure adequate travel insurance, which should in most cases include cover, under certain circumstances, against loss of deposit or cancellation fees, at the time of booking.
4.9 Hotel No-Show. In the event you do not show for the first night of a hotel reservation and plan to check-in for subsequent nights of your reservation, you must confirm the reservation changes with Excursionist no later than the date of the first night of the reservation to prevent cancellation of your reservation. Failure to show up to the hotel will be result in the full amount (including taxes and fees) being charged.
4.10 Re-booking following a cancellation. Should you wish to cancel a holiday and re-book an alternative this will be subject to the cancellation terms within these booking conditions. Excursionist may use its absolute discretion however to transfer some or all of any monies already paid by you to the alternative booking. If the alternative booking requires a greater deposit than has already been paid then the balance between what is required as a deposit and any deposits already paid becomes due.
5.1 Visa and Health Requirements. It is the responsibility of all passengers, regardless of nationality and destination, to check with the consulate of the country they are visiting for current entry requirements. As visa and health requirements are subject to change without notice, we recommend that you verify health and visa requirements with the appropriate consulate prior to departure.
5.2 Trip Insurance. We strongly recommend that you purchase a comprehensive Travel Insurance Policy prior to departure. If you cancel your trip or significantly alter travel dates, many policies will reimburse the cost of cancellation fees and related expenses. We urge you to obtain appropriate insurance to protect against such loss. Excursionist provides a comprehensive insurance policy, which we automatically included in your total trip booking price as an additional line item. You are in no way required to purchase trip insurance through Excursionist and can request that this item be removed.
5.3 Passports and Visas. Documentation of citizenship status (such as a passport or visa) may be required for any travel outside the United States. If you are uncertain about what documentation is required for the trip you are planning, Excursionist will be pleased to advise you of any requirements and of the procedure for obtaining any necessary documents. Excursionist is not responsible for obtaining such documentation for you unless a separate written agreement is made for such service.
5.4 Checking In. You are responsible for checking-in for flights at the correct time and for presenting yourself to take up all pre-booked components of your holiday. Excursionist cannot accept responsibility for clients missing flights as a result of late check-ins and no credit or refunds will be given if you fail to take up any component of your booking. No credit or refunds will be given for lost, mislaid or destroyed travel documents.
5.5 Behavior During Trip. If in our reasonable opinion or that of any airline pilot, hotel manager, tour leader or other person in authority, your behavior is causing danger, damage to property or persistently affecting the enjoyment of others, we reserve the right to terminate your trip package. Should this happen no refund or compensation will be paid.
5.6 Lost Items. If you lose any personal items while on your Trip, please obtain a written report from the police, to help with any insurance claim upon your return. Please note, Excursionist is not liable for any lost, stolen, or damaged luggage.
5.7 Damages and Costs. You are responsible for the costs of any damage to the accommodation and/or any extra charges incurred with our Suppliers during your trip. Should you fail to make such payment at the time the charges and/or costs are incurred, you will be liable to reimburse us for these and Excursionist will automatically debit your credit card to the value instructed by the Supplier for any such costs and/or charges.
5.8 Agreements with Suppliers. Agreements between you and Suppliers in connection with a Module (“Ancillary Agreements”) will also apply to you. You acknowledge that some activities carry inherent risks and if you are participating in such activities you may be asked to sign an additional form by the local supplier. In rare cases beginners may have to take lessons at a charge before being permitted to use hotel equipment otherwise offered free. You understand that any violation of any such Ancillary Agreements or Supplier rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our charging you for any costs we incur as a result of such violation (which charges you hereby agree to pay).
5.9 Illness and Disability. While we attempt whenever possible to accommodate illnesses and disabilities, not all Packages are appropriate for all travelers. We provide detailed information about physical demand and restrictions on our website and provide additional details about facilities and travel conditions upon request. Please review our information and check with your physician to ascertain if a certain travel Package is appropriate for you.
5.10 Complaints. If you are unhappy with any aspect of Excursionist arrangements while you are on your trip, you must address your complaint immediately to Excursionist directly via our emergency number or in an e-mail to your Travel Planning Specialist. You should also contact our local representative and the management of the hotel or other supplier whose services are involved. Excursionist and our representatives and suppliers will do our best to rectify the situation. If the problem is not resolved to your satisfaction while you are on your trip and you wish to complain, full details must be sent to Excursionist in writing to arrive within 7 business days of your return. We will do our best to investigate and reply to you within 10 business days of receipt of your complaint. Customers who do not provide complaint while during their trip and fail to provide a complaint within the specified period deny Excursionist the opportunity to resolve the problem immediately and/or investigate it properly. In consequence, this may affect your rights under this contract.
6.1 Disclaimer of Liability and Warranty. The content, products, and services published on this site may include inaccuracies or errors, including pricing errors. We do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the content, products, and services we expressly reserves the right to correct any pricing errors on the site and/or on pending reservations made under an incorrect price.
6.2 Travel Destinations. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. By offering for sale travel to particular international destinations, Excursionist does not represent or warrant that travel to such points is advisable without risk, and is not liable for damages or losses that may result from travel to such destinations. Excursionist urges passengers 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 http://www.state.gov/, http://www.tsa.gov/, http://www.dot.gov/, http://www.faa.gov/, http://www.cdc.gov/, http://www.treas.gov/ofac and http://www.customs.gov/.
6.3 Suitability. Excursionist makes no representations about the suitability of the information, software, products, and services contained on the Website or supplied by our Representatives for any purpose, and the inclusion or offering of any products or services on this site does not constitute any endorsement or recommendation of such products or services. All such information, software, products, and services are provided “as is” without warranty of any kind. Excursionist and their respective suppliers disclaim all warranties and conditions that this site, its servers or any email sent from excursionist, its affiliates, and/or their respective suppliers are free of viruses or other harmful components. Excursionist, its affiliates, and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
6.4 Supplier Liability. The carriers, hotels and other suppliers providing travel or other services through Excursionist are independent contractors and not agents or employees of Excursionist or its affiliates. Excursionist and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Excursionist and its affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
6.5 Limitation of Liability. You expressly understand and agree that to the fullest extent permitted by law, in no event shall Excursionist, its directors, officers, employees, suppliers, agents or third party licensors, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages or losses arising out of or relating to this agreement and/or the services provided hereunder, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if Excursionist has been advised of such damages. The limitation of liability applies whether the alleged liability is based on contract, negligence, recklessness, professional negligence, tort, strict liability or any other basis or legal theory. Such limitation of liability shall apply whether or not the damages arise directly or indirectly from: a) the use or misuse of, or reliance upon, the services hereunder; b) the inability to use the services for any reason, including, without limitation, from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or any failure, theft or destruction; c) the interruption, suspension, or termination of the services; or d) the deletion and/or corruption of any data, information, documents, files and/or any other materials stores on a server owned or under the control of Excursionist or in any way connected to the Excursionist services. Such limitation on liability shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
If, despite the limitation above, Excursionist, its Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Excursionist, Its Affiliates and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Excursionist in connection with such transaction(s), or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Excursionist, Its Affiliates, and/or their respective suppliers.
6.6 Force Majeur. Excursionist shall not be liable for any delay or default in performance of this Agreement caused by conditions including, but not limited to, Acts of God, Government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
6.7 Indemnification. You agree to release, indemnify and hold harmless Excursionist (and its officers, directors, agents, subsidiaries, joint ventures, and employees), its Suppliers, and their respective directors, officers, employees, agents and third party licensors, from and against any and all liabilities, losses, damages, claims and expenses, including attorneys’ fees, with respect to your use or misuse of, or reliance upon, the Services or your violation of this Agreement or any law or rights of another or any Content you submit or make available through the Services. This section shall survive the termination of this Agreement.
6.8 Release. On behalf of yourself, your heirs, executors and administrators, you hereby release and hold harmless Excursionist (and our officers, directors, members, managers, employees, agents and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your travel activities and any dispute with one or more Suppliers.
If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
6.9. Term and Termination. This Agreement is effective until terminated by Excursionist or you. Excursionist shall have the right to terminate this Agreement including, without limitation, your right to access and use the Services, at any time in Excursionist’s sole discretion and without advance notice to you. The licenses granted herein shall automatically terminate without advance notice if you fail to comply with any material provision of this Agreement. Upon termination of this Agreement for any reason, you shall immediately cease using the Services. The provisions of this Agreement shall survive the termination of this Agreement to the extent necessary to effectuate their purposes.
6.10. Governing Law and Venue. This Agreement shall be governed by the laws of the State of New York without giving effect to conflict or choice of law principles, and the parties agree that any litigation between the parties arising under this Agreement or concerning the Services shall be conducted exclusively in state or federal courts located in the State and City of New York, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. The parties agree that “United Nations Convention on Contracts for the International Sale of Goods” shall not apply to this Agreement.
6.11 Severability. If any provision in this Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect.
6.12. No Assignment, Sublicense or Transfer. You may not assign, sublicense, or transfer this Agreement or any rights or obligations hereunder without prior written consent of Excursionist. Any such attempted assignment, sublicense, or transfer will be null and void and Excursionist, in its sole discretion, shall have the right to immediately terminate this Agreement.
6.13. Communications by Excursionist. You agree that Excursionist may communicate with you electronically. Such electronic communications may consist of e-mail or other notices posted on the Services. You agree that all agreements, notices, disclosures, and other communications Excursionist sends to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this Agreement.
6.14. Entire Agreement. This Agreement sets forth the entire understanding and agreement between the parties relating to its subject matter and may be amended only in a writing signed by both parties. Any waiver of or promise not to enforce any right under this Agreement shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise. Any terms and conditions of any purchase order or other document submitted by you in connection with the services that are in addition to, different from, or inconsistent with the terms and conditions of this agreement are not binding on excursionist and are ineffective. No vendor, distributor, dealer, retailer, agent, sales person, or other person is authorized by excursionist to modify this agreement or to make any warranty, representation, or promise that is different than or in addition to the warranties, representations, or promises expressly set forth in this agreement.
This Agreement was last updated on July 16, 2011.