TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS
Not a Clue LLC guides trips described on the Not a Clue Adventures website (the “Website”) or in your brochure (each, an “Adventure” or “Tours”). By registering and paying your deposit for an Adventure, you are agreeing to the terms of this Terms and Conditions Agreement.
Please read these Terms and Conditions carefully before making a deposit or payment for an Adventure.
This Agreement may be supplemented by additional terms and conditions specific to your Adventure (“Supplemental Terms”). In the event of a conflict between this Agreement and the supplemental terms, the Supplemental Terms will apply.
Not a Clue may contract qualified professional tour operators or outfitters for some equipment needed for or on your adventure to organize and assist with Adventures. Any such designated tour operator, its parent, subsidiaries, and assigns, and their respective employees, affiliates, officers, directors, successors, representatives, agents
and assigns (collectively “Operator”), acts only as an agent for any Suppliers (as defined below).
Not a Clue LLC, its subsidiaries, affiliates, and assigns, and their respective employees, officers, directors, successors, representatives, volunteers, and agents (collectively the “Released Parties”) and the Operator will not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any Suppliers, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such Other Provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other causes beyond their control. The participant waives any claim against the Released Parties and/or the Operator for any such loss, damage, injury, or death. Times Journeys acts only as the Tour sponsor and is not responsible for the acts or omissions of other parties. Not a Clue LLC and the Outfitters are collectively referred to as “we or “us”.
Pricing and Inclusions: Quoted Adventure prices are per person except where otherwise indicated. Prices include services as advertised and are based on current rates
of exchange, tariffs and taxes in effect at the time of publication. We reserve the right to increase Adventure prices to cover increased costs, tariffs, taxes and V.A.T. received after prices are published. We will not give a breakdown in the price of an Adventure or its parts. Modification of Adventures content size will not affect the published price.
Exclusions: Quoted Adventure prices exclude: trip insurance; airfare between points on the Adventure; airfare and other transportation to and from the Adventure (unless otherwise noted); costs associated with obtaining passports or entry visas; airport departure taxes (unless otherwise noted); excess baggage charges; gratuities
to the Adventure directors, drivers and guides; meals other than those specified in the Itinerary; sightseeing not included in the Itinerary; and personal expenses such as laundry, communication charges and optional activities (which are subject to availability).
Reservations and Payments: Adventure deposit amount is listed on the Website or in your brochure when applicable. The deposit is required in order to confirm your booking. Upon receipt of the deposit, the Not a Clue LLC will send you confirmation of your booking. Your final payment date will be listed on the confirmation. If an Adventure is full, we will accept deposits on a standby basis. If space becomes available, you will have the choice of joining the Adventure by paying in full or forfeiting the space in return for a refund of your deposit. Final payment is due sixty (30) days prior to departure unless otherwise indicated on the Website or in the brochure. If your reservation is made within sixty (30) days of departure, the entire cost of the Adventure must be paid at the time of the request in order to secure confirmation.
Travel Insurance: We strongly recommend that you purchase trip cancellation and medical insurance. Any questions about what travel insurance does or does not cover should be addressed directly to the travel insurance company. If you decline insurance coverage, you will personally assume full responsibility for any financial loss associated with your travel arrangements, and you could lose your travel investment and/or have to pay more money to correct the situation.
Cancellation by You: We must receive your cancellation notice in writing by email and your cancellation date will be the date on which we receive your notice. Refunds will be handled as follows:
If we receive your cancellation notice Thirty (30) days or more from the Adventure departure date, we will refund one hundred percent (100%) of the deposit amount, and all of the Adventure price, to the extent that you have made that payment.
If we receive your cancellation notice fifteen (15) days or fewer prior to the departure date, we will retain fifty percent (50%) of the Adventure price.
Any penalty imposed by an airline, including for airline service travel to or from the Adventure, is your responsibility.
Your decision not to participate on the Adventure due to State Department warnings, fear of travel, illness or any other reason will be deemed a cancellation. If a flight or other delay for any reason prevents you from joining the Adventure on the Adventure departure date and time, you will be considered a no-show, and we will provide a partial refund as credit toward a future Adventure.
Cancellation or Substitution by Us: We will make commercially reasonable efforts to keep the Itinerary as it has been published; however, the final Itinerary may vary due to availability and factors beyond our control. We may in our sole discretion substitute services such as locations, of similar quality for any service stated in the Itinerary. If a Not a Clue LLC speaker cancels, we will make every effort to find a replacement. You will be refunded in whole or in part when we are unable to find a replacement speaker. We reserve the right to cancel any Adventure because of inadequate enrollment that makes the Adventure economically infeasible to operate or because of our concerns with respect to the safety, health or welfare of our travelers or volunteers.
If we cancel an Adventure, our liability is limited to a full refund of your payments to us and we will not be liable for any other costs, damages or refunds of any kind for any loss, delay, inconvenience, disappointment or expense whatsoever in such circumstances. If an Adventure is in progress must be interrupted or canceled, our liability shall be strictly limited to refund of the recoverable cost of any unused portion of the Adventure.
Children: Unless otherwise indicated in the Adventure description, all minor Adventure participants must be accompanied by a responsible adult. However, some activities contained within an Itinerary may have a different age restriction than the overall minimum age requirement, in which case details will be provided at the time of booking. We reserve the right to marginally exceed the published maximum group size on family Adventures to accommodate a family.
Conduct During the Tour: You are responsible for respecting the authority and following the directions of the Adventure guide and the laws of the country or state (s) in your Itinerary during an Adventure. We may exclude you from participating in all or any part of the Adventure if, in our sole discretion, your condition or behavior renders you unfit for the Adventure or unfit for continuation once the Adventure has begun. Unfitness may include, without limitation, any behavior that, regardless of its cause, is inappropriate or offensive or interferes with the delivery of the Adventure services or may constitute a hazard or embarrassment. In such case, our liability shall be
strictly limited to refund of the recoverable cost of any unused portion of the Adventure.
Should you decide for any reason not to participate in certain parts of the Adventure or use certain goods included in the Adventure, no refunds will be made for those unused parts of the Adventure or goods. You agree to indemnify and hold us harmless from and against any costs, damages, losses or liabilities arising out of (a) the actions or omissions of any minors traveling with you and (b) if you checked the box indicating that you are signing on behalf of yourself and your traveling companions, your companions’ claims that you were not authorized to agree to this Participant Agreement on their behalf.
Travel Advisories and Warnings: It is your responsibility to become informed about the most current travel advisories and warnings by referring to the U.S. State
Department’s travel website at travel.state.gov.
Force Majeure: We assume no responsibility for any personal injury, property damage or other loss, accident, delay, inconvenience or irregularity which may be occasioned by reason of any matter beyond our exclusive control including but not limited to a delay or cancellation that causes you to miss all or any portion of the Tour, acts of God, acts of government, war, terrorist acts, riots, disaster, weather extremes or strikes. We have no special knowledge regarding the financial condition of the Suppliers, unsafe conditions, health hazards, weather hazards or climate extremes at locations to which you may travel. For medical information, we recommend contacting the Centers for Disease Control at (877) FYI-TRIP or www.cdc.gov/travel.
Assumption of Risks and Release: If you participate in activities during your Adventure, certain risks and dangers may arise, including, but not limited to, the risk of accidents in remote places without access to medical facilities, transportation or means of rapid evacuation and assistance. You hereby expressly assume these risks and dangers, and you hereby expressly agree to forever release, discharge and hold us and our volunteers, employees, officers and directors, harmless against any and all liability, actions, causes of actions, suits, claims and demands of any and every kind and nature whatsoever which you now have or which may hereafter arise out of or in connection with your Adventure or participation in any activities in which you participate.
Active Elements, Medical Conditions and Special Assistance: By registering for an Adventure, you certify that you do not have any mental, physical, or other condition or disability that would create a hazard for yourself or other participants. Some of our Adventures incorporate active elements such as hiking, kayaking or canoeing; you are responsible for familiarizing yourself with the level of activity that will be involved in your Adventure. You must disclose in when you become aware of such a condition which may create a health hazard for yourself or others during the Adventure or for which you may require medical attention or special accommodation during the Adventure. We will make reasonable efforts to accommodate your needs, but you must notify us at the time of booking for a determination of what assistance we can reasonably provide.
We regret that we cannot accommodate you if you have special needs for ordinary daily activities, such as walking and dining. In no instance will we
physically lift or assist you on to or off any vehicles. If we cannot accommodate your special needs, you must be accompanied by a companion who will be responsible for independently providing the needed assistance.
We reserve the right to decline acceptance of anyone we consider unsuitable due to fitness level. We also reserve the right to remove you from the Adventure, at your own expense, if your condition is such that it could create a hazard to you or others, or otherwise impact the enjoyment of other guests.
Photography: We reserve the right to take photographs or videos during the operation of any Adventure and to use the resulting photography, videos, or recordings for promotional or commercial use. By participating in an Adventure, you agree to allow your likeness to be used by the Released Parties and the Operator without compensation to you. If you prefer that your likeness not be used, you must notify us in writing prior to departure of the Adventure. Copyright in all photographs, video,
and related materials created by you during the Adventure (“Adventure Materials”) will belong to you. You grant us a non-exclusive, worldwide, irrevocable license to use any Adventure Materials you provide to us in any media for editorial use, promotion of the editorial use, promotion of Not a Clue Adventures or promotion of the mission of the Released Parties.
Venue and Waiver of Trial by Jury: You agree to present any claims against us within ninety (90) days after the Adventure ends and to file any suit within one (1) year of the incident, and you acknowledge that this expressly limits the applicable statute of limitations to one (1) year. In lieu of litigation and jury trials, each of which is expressly waived, any dispute concerning, relating or referring to this Participation Agreement, the brochure, or any other literature concerning your trip or the Tour shall be resolved exclusively by binding arbitration in Tampa, Florida, according to the then existing commercial rules of the American Arbitration Association. Such
proceeding will be governed by the substantive law of the State of Florida.
The arbitrator(s) and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this Participant Agreement, including but not limited to any claim that all or any part of this Participant Agreement is void or voidable. ADVENTURE PARTICIPANT AND THE RELEASED PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THE PARTICIPANT’S OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, OR OTHER COLLECTIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL).
Governing Law: The parties irrevocably consent to the exclusive jurisdiction of any federal or state court located in the State of Florida, County of Hillsborough, in connection with any action or proceeding arising out of or relating to this Agreement. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of Florida applicable to Agreements to be performed in the State of Florida.
General: Facsimile or scanned transmission of any signed document shall be deemed delivery of an original. If there are any conflicts between this Terms and Conditions Agreement and the Itinerary, this Agreement shall control. All applications are subject to review and approval. We reserve the right to decline to do business with anyone on a nondiscriminatory basis.
Not a Clue, LLC. All rights reserved.