LIABILITY AND RISK
Trip members have the responsibility to select a trip appropriate to their abilities and interests. Trip members are held responsible for being in sufficient good health to undertake the trip. Trip members are responsible for preparing for the trip by studying the itinerary and pre-departure information packets sent by Academic Expeditions, Inc. (AE) and for bringing the appropriate clothing and equipment as advised therein. Academic Expeditions reserves the right to accept, refuse, or decline service to any guest before or during a trip.
Changes to the Itinerary
Academic Expeditions reserves the right to alter the itinerary and make route, lodging and activity modifications before or during a trip. Itineraries are planned up to a year in advance and unforeseen conditions may necessitate changes.
LIMITATION OF LIABILITY
These paragraphs (together with the Release of Liability below) define our responsibility with respect to all our trips.
Academic Expeditions, Inc. (AE) 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 AE in any way. Although it endeavors to choose the best suppliers available, AE has no right to control their operations and therefore makes these travel arrangements upon the express condition that AE and it own agents and employees, shall not be liable for any delay, 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 passengers’ conveyance companies, tour companies, hotels, restaurants, etc. is subject to the laws of the state or country where the service is provided.
AE shall not be liable for: (a) expenses such as additional hotel nights and meals not specified in the individual trip itineraries which may be required either en route/prior to/or following a trip, when caused by individual clients’ travel arrangements, by airline scheduling or airline schedule changes, canceled flights, missed flight connections, or by other factors not under AE’s control (b) expenses incurred in recovering luggage lost by airlines, belongings left behind on a trip, or in shipping purchases or other goods home from abroad and (c) bodily injury or property damage, for any reason including but not limited to acts of God, weather, quarantines, regulations, terrorism, war or failure of conveyance to arrive or depart as scheduled, etc. over which it has no control.AE reserves the right to take photographic or film records of any of our trips and may use any such records for promotional and/or commercial purposes.
AE reserves the right to decline to accept or to retain from further participation any person it judges to be incapable of meeting the rigors and requirements of participating in the activities, or any person who actions or deportment impede trip operation or the rights, welfare or enjoyment of other trip members. A refund based on cost of unused land services is the limit of AE responsibility in such a case.
Trip Members Responsibility: Trip members are held responsible for being in sufficient good health to undertake the trip. Trip members are responsible for preparing for the trip by studying the itinerary and pre-departure information packets sent by Academic Expeditions and for bringing the appropriate clothing and equipment as advised therein.
PLEASE READ THIS CAREFULLY. Payment of your deposit represents your acceptance of the following terms and conditions:
Limitation of Liability & Assumption of Risk
These Paragraphs (together with the release of liability section of the application form) define our responsibility with respect to all of our trips.
READ THIS CAREFULLY
Payment of your deposit represents your acceptance of the following terms and conditions:
By accepting the “Terms and Conditions”, I acknowledge that I or my traveling dependents have voluntarily applied to participate on the AE trip (or to a trip which I may subsequently transfer to). Trip members voluntarily participating on the tour or expedition with knowledge that travel to the foreign countries and/or remote areas visited by this trip involves numerous risk and dangers including, but not limited to: (1) the forces of nature; (2) civil unrest; (3) terrorism; (4) roads, trails, hotels, vehicles, boats or other means of conveyance which are not operated nor maintained to standards common in the United States; (5) high altitude; (6) accident or illness without access to means of rapid evacuation or availability of medical supplies; (7) the adequacy of medical attention once provided; (8) physical exertion for which I am not prepared; (9) consumption of alcoholic beverages; (10) negligence (but not the willful or fraudulent conduct) on the part of AE, or others; or (11) the wild animals I may be exposed to. I acknowledge that the enjoyment and excitement of adventure travel is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work and that these inherent risks contribute to such enjoyment and excitement, being a reason for my voluntary participation.
I HEREBY AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE, AND ACCEPT ANY AND ALL RISKS OF DELAY UNANTICIPATED EVENTS, ILLNESS, INJURY, EMOTIONAL TRAUMA OR DEATH.
I acknowledge that the cost of AE trips have been based upon trip participants executing this Release of Liability and Assumption of All Risks. Therefore, as lawful consideration for being permitted to participate on such trip(s), I hereby RELEASE AND DISCHARGE AE AND ITS AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM MY PARTICIPATION IN THE TOUR OR EXPEDITION.
I agree this release shall be legally binding upon myself and/or all minors under the age of 21 either traveling with me or to whom I am giving permission to travel in my absence, my heirs, successors, assigns, and legal representatives; it being my intention to fully assume all the risk of travel and to release AE from any and all liabilities to the maximum extent permitted by law.
I understand that all applications are subject to acceptance by AE and upon acceptance shall be deemed to have been entered into and to be performed at New York, New York. In the unlikely event a legal dispute should arise involving any subject matter whatsoever, I agree that the following conditions will apply: (a) the dispute shall be settled by binding arbitration through the American Arbitration Association at New York, New York; (b) the dispute will be governed by New York law; and (c) the maximum amount of recovery to which I will be entitled under any and all circumstances will be the land cost of my trip with AE.
KNOWING AND VOLUNTARY EXECUTION
I have carefully read and fully understand the contents and legal ramifications of this agreement as well as the conditions as stated under the heading “Terms and Conditions”. I understand this is a legally binding and enforceable contract and agree to it of my own free will.