PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR PARTICIPATION IN THE EXCURSIONIST ANNUAL SALES INCENTIVE PROGRAM IS SUBJECT TO ALL OF THESE TERMS AND CONDITIONS. BY ENROLLING IN THE PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

ELIGIBILITY

Excursionist LLC (“we”, “us”, “our” or “Excursionist”) operates a trade promotion program that is referred to herein as the Excursionist Annual Sales Incentive Program (the “Program”). The Program allows eligible travel agents and travel advisors (but not travel agencies or tour operators) (“Travel Advisors”) who enroll in the Program to receive a cash incentive in exchange for reaching certain sales targets during the calendar year, subject to these Terms and Conditions.

To enroll in the Program, an individual must satisfy each of the following requirements:

1.     You must be an individual. The Program is not open to corporations, partnerships or other legal entities.

2.     You must be registered as an agent in our website portal with your updated information including associated IATA number.

3.     You must be at least 18 years old.

4.     Your participation in the Program must not violate your employer/headquarter agency policies. Please check your employer/headquarter agency policies before enrolling. If enrollment would violate an employer’s policies or applicable law or if enrollment would be restricted by applicable law, Excursionist may cancel that individual’s enrollment, his or her participation in the Program without notice and without liability to Excursionist of any kind and benefits otherwise provided by the Program shall be forfeited.

5.     You may only have one valid registration with the Program. In the event an individual has multiple accounts with the Program, Excursionist may cancel all or, at its discretion, all but one of those account numbers. In addition, Excursionist may cancel that individual’s enrollment and his or her participation in the Program without notice and without liability to Excursionist of any kind and any accrued sales incentives or other benefits otherwise provided by the Program shall be forfeited.

ENROLLMENT

Eligible Travel Advisors must enroll in the Program in the following way:

First, if you are not already registered as an agent on excursionist.com, then you will need to register as an agent on www.excursionist.com to ensure that you personally have a log-in and password.

Then, check the box in the registration page that indicates that you would like to enroll in the Program and thus accept these Terms and Conditions. Applicants agree to be bound by all the Program Terms and Conditions as the same may be modified from time to time with or without notice and failure to comply with these Terms and Conditions. Any abuse of the criteria or any misrepresentation of information may result in termination of your membership in the Program.

If at the time of your initial registration in the Program, you were eligible for enrollment, but subsequently you are no longer eligible (For example, your employer’s policies changed since registration in a way that prohibits or restricts your participation in the Program or if you elect to terminate your participation in the Program), Excursionist may without liability cancel your account and any accrued sales incentives or other benefits otherwise provided by the Program shall be forfeited. 

If you are an independent consultant and move host agencies in the middle of the Program period, you must provide us your new IATA number and contact information by email to incoming@excursionist.com and then update your online account.

EARNING SALES INCENTIVES

The Excursionist Annual Sales Incentive Program is a travel agent loyalty program that has been specifically designed to reward agents for reaching sales targets for sales of tour packages, which travel during the sales incentive period. The Program enables participants to earn cash incentives once they reach certain sales targets, subject to these Terms and Conditions. Sales targets are defined annually by Excursionist in its sole discretion prior to the beginning of the sales incentive period and may be published on the Excursionist website. This Program is launched annually, and Excursionist reserves the right to terminate the Program during future annual periods and may choose not to re-instate the program in the future.

The sales incentive period is defined as the calendar year when the Program is offered, and the travel date is defined as the date when the client begins travel. If a travel date occurs prior to or after the sales incentive period, the package’s sales do not qualify for that year’s incentive targets.  However, if a travel date occurs during the sales incentive period, but ends after the end of the calendar year, the sales will apply for that sales incentive period.

A “Qualifying Booking” is a booking for an Excursionist package made by the participant, which travel date is within the calendar year of the sales incentive program. The Participant must be employed by, or affiliated with through independent contract, with the travel agency or tour operator of record for the sale, at the time of Package travel, for the Booking to qualify.  The value of a qualifying booking is defined as the NET value of the booking, which is the total cost of the package actually collected by Excursionist, minus any commissions paid and refunds and changes during travel. Refunds or chargebacks of any nature and cause will reduce the qualifying value of the booking.  

If a travel date changes and is no longer within the sales incentive period, those sales will be applied to the applicable incentive period during which the package ultimately travels, not the originally booked travel date. If a package is cancelled and the client is refunded for an applicable cancellation, that package sales amount does not qualify toward the annual incentive targets.  If a package is re-scheduled for a future date without penalty, the package sales may be applied toward the target for a future sales incentive period, but not for the original period booked. If a booking is cancelled at full penalty and no refund is provided, the total package value will apply to that year’s targets.

The final NET package amount will only be determined once the client completes travel and any refunds or outstanding balances and commissions have been paid. Any refunds or deductions provided to the client or chargebacks will not apply to the final value used to determine the incentive amount earned by the participant, the Earned Incentive. The amount of incentive reward will be paid in tiers, with participants receiving the reward for the highest Tier they achieve during that incentive period.  The incentive amount is cumulative, and Participants cannot earn multiple rewards in the same sales incentive period. 

All sales will be reported in US dollars. Canadian dollars will be converted to USD using the exchange rate provided by Santander Bank or current financial institution used by Excursionist at the time of payment.

2024 INCENTIVE TARGETS

For the calendar year 2024, the sales targets have been established as:

·       Tier 1 – Between $75,000 - $99,999 in NET USD sales - $500 USD reward

·       Tier 2 – Between $100,000 - $149,999 in NET USD sales - $1,000 USD reward

·       Tier 3 – Between $150,000 - $299,999 in NET USD Sales  - $2,000 USD reward

·       Tier 4 – Between $300,000 - $999,999 in NET USD sales - $5,000 USD reward

·       Ultimate Reward - $1,000,000 or above in NET USD Sales  – All expense paid week-long trip with Excursionist customized to participant with a value of $30,000 

TRACKING INCENTIVE PROGRESS

Excursionist will update the Participant’s online account on Excursionist.com monthly, posting all NET sales that qualify for the annual sales targets to their account.  Excursionist will also post the total Earned and redeemable sales amount, which are sales for packages where travel is complete, and all refunds and other reductions have been paid and the booking is considered closed. Earned sales incentives may not be rolled over from one sales incentive period to another.

Participants may inquire about their Incentive balance at any time and request back-up information for their progress to reaching targets by e-mailing incoming@excursionist.com

REDEMPTION OF REWARDS

At the point when all travel for the sales incentive period is complete and all refunds, commissions and other changes have been paid, Excursionist will consider the sales incentive period to be closed.  At that point, all sales of participants who have enrolled in the Program will be evaluated to determine if a sales tier reward has been achieved. Excursionist will contact all participants who achieved a target level to the email address at which they registered their agent account, to inform them of their incentive reward and provide detailed back-up of the specific packages sold and total Earned amount.  Participants will have 30 days to respond to confirm in writing that they agree to the incentive award amount and re-confirm their mailing address. Participants must indicate a valid delivery address (depending on where they reside) and ensure that a nominated representative is available to sign for the delivery of the reward.  If the Participant does not respond within the 30-day period, the Reward is considered null and void and forfeited.

Once the participant has confirmed in writing that they accept the incentive award amount, Excursionist will have 30 days to mail or e-mail a cash-based Gift Card applicable to the country of Participant residency in that amount to the Participant.   

Participant will bear full responsibility for all taxes owed on any Rewards they receive. Rewards are not transferable and have no cash value except as expressly set forth in these Terms and Conditions.

General Program Terms and Conditions

We do not make any representations or warranties whatsoever with respect to the Program or any award, reward or benefit you may obtain or have available to you in connection with the Program. We are not responsible for errors including, without limitation, lost, late, damaged, misdirected, illegible, incorrect or incomplete communications, transmissions, or technical failures in connection with enrollments, transactions, inquiries, or any other type of communication and without limiting the generality of the foregoing, even if it is determined our systems or procedures or any other act or omission on our part caused the error.

You agree not to interfere or attempt to interfere with the operation of the Program in any manner or attempt to gain unauthorized access to the information we hold about your or anyone else’s participation in the Program. You agree that you will not use the Program in any manner that could damage, disable, overburden, or impair the Program or interfere with any other Agent’s participation in the Program. Disclosure of your information will be in accordance with our privacy policy.

Failure of a Participant to comply with these Terms and Conditions may result in the termination of a Participant’s involvement in the Program. All decisions by Excursionist are final and binding. Any tampering with the Program website such as modifying, adapting, translating or reverse engineering any portion of the website will result in instant dismissal from the Program and financial penalties may be incurred by the Participant. We reserve the right to pursue available legal remedies for violations of the Program and these Terms and Conditions.

A Participant may terminate their participation in the program by providing notice in writing to Excursionist via email at incoming@excursionist.com

We reserve the right to change, amend, modify or suspend the Program, in whole or in part, at any time with or without notice. Further, we reserve the right to terminate the Program at any time without individual notice to you.

With respect to any and all questions, interpretations or disputes regarding the meaning or interpretation of these Terms & Conditions, our determination, in our sole discretion, shall be final and binding for all purposes.

Excursionist’s decision on all matters pertaining to the Program is final and binding. You agree to indemnify, release and hold harmless Excursionist LLC, its parents, affiliates, subsidiaries, licensees and their respective shareholders, officers, directors, employees, agents, successors and assigns, from and against any claim, demand, threat or action that may arise out of or in connection with the Program, the earning Rewards, your enrollment, participation and your acceptance or use of any award, reward or benefit you may obtain or have available to you in connection with our Program.

It is your sole responsibility to ensure the accuracy and completeness of the information you provide and we obtain (or fail to obtain) in connection with your participation in this Program. It is the responsibility of the Participant to advise Excursionist of any change in address, change of contact details, or change of employer by sending their details in writing to incoming@excursionist.com

It is the participant’s responsibility to keep passwords and username details secret. Excursionist shall accept no responsibility for any loss suffered by participants where such loss is attributed to a failure by participants to maintain account security.

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Each Party irrevocably and unconditionally agrees that it will not commence any action, litigation or proceeding of any kind whatsoever against the other Party in any way arising from or relating to this Agreement, and all contemplated transactions, including contract, equity, tort, fraud and statutory claims, in any forum other than any Federal court located in Miami-Dade County, Florida or, if such court does not have subject matter jurisdiction, the courts of the State of Florida sitting in Miami-Dade County, Florida, and any appellate court from any thereof. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts. Each Party agrees that a final judgment in any such action, litigation or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. All costs of such litigation, including reasonable attorneys’ fees, shall be recovered by the prevailing party.

CLASS ACTION RELIEF WAIVER. YOU HEREBY AGREE THAT YOU MAY BRING CLAIMS AGAINST EXCURSIONIST ONLY IN YOUR INDIVIDUAL CAPACITY. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, PARTICIPANT AGREES THAT ANY LAWSUIT AGAINST EXCURSIONIST LLC, OR ITS AFFILIATES, SUBSIDIARIES OR PARENT COMPANIES WHATSOEVER SHALL BE LITIGATED BY YOU INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND YOU EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING YOU TO PARTICIPATE IN A CLASS ACTION.

Regardless of the form of action or the basis of the claim, under no circumstances and in no event shall we be liable for: (a) any indirect, incidental, consequential, special, exemplary or punitive damages of any kind in connection with the Program and/or these Terms and Conditions; and/or (b) for any direct, compensatory or other damages in an amount in the aggregate, in excess of actual provable damages or $300, whichever shall be less.

The Program is void where prohibited by international, federal, state or local law. These Program Terms and Conditions set forth all the terms of the Program in addition to, and supplement, the Program redemption rules that govern the redemption of incentive sales, and any other redemption rules provided by us or our agents. We have no other obligation with respect to the Program beyond those described in these Terms and Conditions.