By booking or participating in activities, adventures and experiences (each an “Experience”) and any related products or services available on https://www.outdoorvoyage.com website (the “Website” or “Outdoor Voyage”) you (“you” or the “User”) agree to these Terms of Sale (the “Terms of Sale”). The Website is owned and operated by Outdoor Journal LLC (the “Company”).
1. The Booking Contract.
The Experiences listed on Outdoor Voyage are provided and administered by independent, third party service (“Providers”). Your booking is confirmed and a contract exists when the Provider or Outdoor Voyage issues a written confirmation after receipt of payment. Merely submitting a booking request does not constitute a booking until confirmed. Please check your confirmation carefully and report any incorrect or incomplete information to the Outdoor Voyage or the Provider immediately. Please ensure that names are exactly as stated in the relevant passport.
You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to Outdoor Voyage and the Provider.
2. Booking on behalf of Others.
By booking on behalf of other participants, you are deemed to be the designated contact person and responsible party for every participant included on that booking. This means that you are responsible for making the payments due in connection with booking your Experience, notifying the Outdoor Voyage or the Provider if any changes or cancellations are required and keeping your party informed. You are also responsible for ensuring that such other participants submit any additional information required for the Experience(s) booked.
By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and Outdoor Voyage or the Provider will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.
3. Required Medical Information.
You must provide any medical information reasonably requested by the Provider and may be required to complete the Provider’s medical information form (the “Medical Form”).
Medical Forms are mandatory for certain Experiences. If you have any pre-existing medical conditions which may impact their ability to travel, participate in an Experience, travel to remote areas without access to medical facilities or may adversely affect the experience of others on your Experience, you must return a Medical Form, signed by a licensed and practicing physician to Outdoor Voyage or the Provider prior to, at the time of, or immediately after payment for the applicable booking.
The Provider reserves the right to request further information or professional medical opinions where necessary, as determined in its discretion, for your safety or the safe operation of an Experience.
The Provider reserves the right to deny you permission to travel or participate in any aspect of an Experience at any time and at your own risk and expense where the Provider determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others.
Pregnancy is considered a medical condition and must be disclosed to the Provider at the time of booking. The Provider may refuse to carry pregnant women over 24 weeks. The Provider may refuse to carry anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged.
In the event that you do not complete the required Medical Form or provide medical information reasonably required by the Provider for any reason by the deadline indicated above, the Provider reserves the right to cancel your booking, and such cancellation shall be deemed a cancellation by the user and all applicable cancellation fees will apply.
You are responsible for assessing whether an Experience is suitable for you. You should consult your physician to confirm your fitness for travel and participation in any planned activities. You should seek your physician’s advice on vaccinations and medical precautions. The Outdoor Voyage and Providers do not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the Experience based on your own unique circumstances, limitations, fitness level and medical requirements.
Travel with the Provider may involve visiting remote or developing regions, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country. The condition of medical facilities in the countries you may visit on your Experience varies and the Provider makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions.
4. Special Requirements.
Any special requirements must be disclosed to the Provider at the time of booking. The Provider will use reasonable efforts to accommodate special requirements or requests but this is not always possible given the nature of the destinations visited and availability of options outside a planned itinerary. Certain activities may be inaccessible to you if your mobility is limited in any way. All food allergies and dietary restrictions must be disclosed to the Provider at the time of booking but the Provider cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these Terms of Sale or the contract between you and Outdoor Voyage, and Outdoor Voyage and Provider are not liable for any failure to accommodate or fulfill such requests.
5. Age Requirements.
Anyone under the age of 18 on the date of first travel is considered to be a minor. Minors must always be accompanied by an adult. Unless otherwise indicated in the Experience description or by Outdoor Voyage, the minimum age for minors travelling on any Experience is 12 years old.
All bookings with a minor are subject to review and approval by Outdoor Voyage and the Provider. If the consent of a parent, guardian or any other person is required by applicable law for any minor to travel, the accompanying adult is responsible for securing all consents, documentation and ensuring that they and the minor(s) meet all legal requirements to travel, to enter into and depart from applicable countries and regions. Outdoor Voyage and the Provider will not be responsible for any fees, damages, or losses incurred as a result of any failure to secure necessary consents, permits, and approvals.
Each adult on a booking with a minor or minor(s) is jointly and severally responsible for the behavior, wellbeing, supervision and monitoring of such minor(s), and jointly and severally accepts these Terms of Sale for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. Outdoor Voyage and the Provider does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s).
6. Mandatory Insurance Requirements.
YOU MUST HAVE TRAVEL INSURANCE WITH A MINIMUM MEDICAL, EVACUATION AND REPATRIATION COVERAGE OF US$200,000 covering all applicable dates of travel with the Provider. This insurance must cover personal injury and emergency medical expenses. On the first day of each Experience, a representative of the Provider will verify that you have sufficient insurance in place. You are strongly recommended to extend your coverage to include cancellation, curtailment, and all other expenses that may arise as a result of loss, damage, injury, delay or inconvenience while traveling. You acknowledge that insurance coverage is not included in the cost of any Experience offered by Outdoor Voyage and you are required to obtain separate coverage at an additional cost. It is your responsibility to ensure that you have sufficient coverage and comply with the terms of the applicable insurance plans. You are responsible for advising your insurer of the type of travel, destination(s) and activities included in your booking so that the insurer may provide appropriate coverage.
7. Prices, Surcharges and Taxes.
The published price of the Experience and any products or services offered on Outdoor Voyage is subject to change at any time prior to booking confirmation. After a confirmation invoice has been issued by Outdoor Voyage, the published price paid by the User is not subject to modification. Experiences are priced and advertised exclusive of applicable sales taxes.
From time-to-time the Provider may offer reduced pricing on certain products or services. Reduced pricing applies only to new bookings. Bookings where payment has been received by Outdoor Voyage are not entitled to reduced pricing.
All dates, itineraries and prices of Experiences are subject to change at any time and the current price will be quoted and confirmed at the time of booking.
You acknowledge that you are responsible for keeping up to date on the specific details of your Experience and any other products or services, including, but not limited to checking the Website at least 72 hours prior to departure as minor changes may have been made after the time of booking. Should any changes be made prior to departure, Outdoor Voyage will do its best to notify the User.
9. Details Required for Booking.
As a condition of booking, you must provide the information requested by Outdoor Voyage and the Provider along with full payment. If you fail to provide all required information before 72 hours prior to departure date, an administrative fee will be charged for any costs incurred by the Provider as a result of your failure to provide the required information. If you fail to supply information required by the Provider for air tickets, permits, or other inclusions, you will also be liable for any costs, fees or losses including failure to obtain or provide that inclusion. In the event that you fail to supply information required by the Provider, the Provider also reserves the right to treat your booking (or the relevant component of your booking) as cancelled by the user and levy any cancellation fees in accordance with these Terms of Sale. The information required by Outdoor Voyage and the Provider will vary by Experience and will be communicated to you during the booking process. The Provider will not be held responsible for any fees you incur as a result of errors, omissions, inaccuracies, late, misplaced or otherwise incomplete information you have provided.
Experience prices do not include international or other airfare unless expressly mentioned in the Experience’s descriptions.
11. Payment & Acceptance of Booking.
The confirmation sent by Outdoor Voyage will contain details of your booked Experience and confirmation that the payment has been received in full. Payment of the price for any products or services booked is due at the time of booking. If full payment is not received in the three business days following your booking, or if only a partial payment has been made, Outdoor Voyage may, at its sole discretion, change the rate payable for the booking, or treat the booking as cancelled by the user and retain a cancellation fee on booking. If, for any product or service booked, payment terms differ from those outlined in this section, the applicable terms will be communicated to you prior to booking and will also be detailed on the applicable invoice.
Outdoor Voyage and the Provider are not responsible for any charges levied by third parties or financial institutions and payable by you as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by you to Outdoor Voyage.
12. Cancellation by the User
You may cancel your booking by notifying Outdoor Voyage, by phone, email, or any other method accepted by Outdoor Voyage. Cancellation fees, if any, will be determined with reference to the date on which notice of cancellation is received by the Outdoor Voyage and are expressed as a percentage of the total price paid for the cancelled Experience, product or service (excluding any insurance products).
Cancellation of an Experience:
(a) Cancellation received 110 days or more before departure of first product or service in relevant booking: 25% of the total Experience price will be held by Outdoor Voyage and the Provider in accordance with these Terms of Sale, the remainder of the payment made to Outdoor Voyage in respect of the cancelled product will be refunded.
5-day full-refund guarantee: If the cancellation is made within 5 days of the booking date; AND the cancellation is received 110 days or more before departure of first product or service in relevant booking, Outdoor Voyage guarantees to offer User a full-refund of the total Experience price.
(b) Cancellation received 109-35 days before departure of first product or service in relevant booking: 25% of the total Experience price will be held by Outdoor Voyage in accordance with these Terms of Sale, the remainder of the payment made to Outdoor Voyage in respect of the cancelled product will be refunded.
(c) Cancellation less than 35 days before departure of first product or service in relevant booking: 100% of the total Experience price will be held by Outdoor Voyage and the Provider in accordance with these Terms of Sale, and no further refund will be payable.
For certain products or services booked with Outdoor Voyage, alternative cancellation terms may apply. Outdoor Voyage will advise you of any such requirements prior to confirmation of the applicable booking.
13. Guaranteed Departures & Cancellation of an Experience by the Provider.
A departure date for an Experience offered by Outdoor Voyage and confirmed by the Provider will become a guaranteed departure.
Outdoor Voyage and the Provider guarantee that all scheduled Experience(s) departures booked and secured with a payment in full will depart as indicated on the applicable confirmation, subject to reasonable itinerary changes as described in these Terms of Sale or good faith health and safety concerns. This guarantee is not applicable in the case of Force Majeure. Up to date Experience and itinerary information is available on the Website or by contacting Outdoor Voyage. Brochures and other printed materials displaying Experience information and departure dates are subject to change and may not be relied upon for purposes of this guarantee.
If an Experience is cancelled by the Provider before the date of departure for reasons other than Force Majeure and the cancellation is not caused by your fault or negligence, you will have the choice of accepting from the Provider:
(a) a substitute Experience of equivalent or superior value; or
(b) a substitute Experience of lesser value if no Experience of equivalent or superior value is reasonably available and to recover from the Provider the difference in price between the price of the Experience originally purchased and the substitute Experience; or
(c) a full refund of all monies paid for the cancelled Experience.
Outdoor Voyage and the Provider are not responsible for any incidental expenses or consequential losses that you incur as a result of the cancelled booking including visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment. Where a significant element of an Experience as described cannot be provided after departure, the Provider will make suitable alternative arrangements where possible. If it is not possible to provide a suitable alternative or if you reasonably reject any suitable alternatives, the Provider may provide you with a refund for unused products or services as determined in its discretion.
14. Travel Documents.
It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies. You must have a passport that is valid 6 months after the last date of travel with the Provider as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the Experience, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by the Provider that is a direct result of your failure to secure or be in possession of proper travel documentation. Outdoor Voyage and the Provider do not provide advice on travel documents and make no representations or warranties as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and you agree that Outdoor Voyage and the Provider are not responsible for any errors or omissions in this information.
15. Flexibility & Unused Services
You acknowledge that the nature of adventure travel requires flexibility and acknowledges that they will permit reasonable alterations to products, services or itineraries by the Provider. The route, schedules, accommodations, activities, amenities and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of the Provider (including but not limited to Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events and entry or border difficulties). No reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of the Provider, including your removal from an Experience because of your negligence or breach of these Terms of Sale.
Changes made by the Provider: The Provider may modify your itinerary where reasonably required in its sole discretion. If the Provider makes a change affecting at least one in three full days of the itinerary or which materially affects the character of a product or service in its entirety (a “Material Change”), the Provider will provide notice to you as soon as reasonably possible, provided that there is sufficient time to do so before departure. If a Material Change is made more than 14 days before departure, you may choose to:
i) accept the Material Change and proceed with the amended product or service;
ii) book another product or service of equal or greater value, if available (you will be responsible for paying any difference in price); or
iii) book another product or service of lesser value, if available (with a refund payable to you for the difference in price); or
iv) cancel the amended product or service and receive a full refund for the land-only portion of the applicable product or service (a refund is not available for other products or services booked which are not subject to a Material Change).
You must notify the Provider of your choice within 7 days of receiving notice or you will be deemed to accept the amended itinerary.
Once an Experience has departed, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment or comfort. Any changes are at the discretion of the Provider. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel with the Provider, whether or not such expenses arise from a change of itinerary, and the Provider is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. The Provider will not be liable for any indirect and or consequential losses associated with any changes to a booking or itinerary.
Changes made by you: You are responsible for ensuring that information provided to the Provider is accurate and up-to-date. Any changes to your name on any booking are subject to Outdoor Voyage’s approval and the Provider’s approval. Any changes to a booking depend on availability and are subject to the Provider’s approval and these Terms of Sale. Any extra costs incurred for making the change will be charged to you along with an administrative fee. Cancellation of any Experience, product or service included in a booking will not be considered a change for purposes of this section and will be governed by the applicable cancellation terms. No changes are permitted to any booking within 10 days of departure of the first product or service on the applicable booking.
17. Acceptance of Risk.
You acknowledge that adventure travel and the products and services offered by Outdoor Voyage and the Provider may involve a significant amount of risk to your health and safety. By booking with Outdoor Voyage and traveling with the Provider you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risk and releases Outdoor Voyage and the Provider from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in Experience itineraries or otherwise offered by Outdoor Voyage and the Provider.
You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with developing infrastructure. Standards of hygiene, accommodation and transport in certain countries where Experiences take place are often lower than the standards you may reasonably expect in your home country or region. You agree that Outdoor Voyage and the Provider are not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where an Experience, product or service is operated. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.
You must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should you fail to comply with the above or commit any illegal act when on an Experience or, if in the opinion of the Provider (acting reasonably), your behavior is causing or is likely to cause danger, distress or material annoyance to others, the Provider may terminate your travel arrangements on any product or service immediately at your expense and without any liability on the Provider’s part. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals.
You are responsible for any costs (including repair, replacement and cleaning fees) incurred by the Provider or the Provider’s suppliers for property damage, destruction or theft caused by you while on an Experience. You agree to immediately report any pre-existing damage to the Provider and staff of the accommodation, transportation service, or facility as soon as possible upon discovery.
You agree to take all prudent measures in relation to your own safety while on an Experience including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither Outdoor Voyage, the Provider nor its Third Party Suppliers (as defined herein) are liable for loss or damages caused by your failure to comply with safety instructions or warnings.
You agree to bring any complaints to the Provider as soon as possible in order to provide the Provider with the opportunity to properly address such complaint. You agree to inform your tour leader, another representative of the Provider or Outdoor Voyage’s customer service department directly. Outdoor Voyage and the Provider assume no liability for complaints that are not properly brought to the attention of Outdoor Voyage or the Provider and cannot resolve or attempt to resolve complaints until proper notice is provided. Any complaint made after the completion of an Experience must be received in writing by Outdoor Voyage or the Provider within 30 days of the last day of travel of the booking in question.
18. The Provider is Not Liable for Third Party Suppliers.
The Provider makes arrangements with accommodation providers, activity providers, airlines, cruise lines, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some of the components of your booking. Third Party Suppliers may also engage the services of local operators and sub-contractors. Although the Provider takes all reasonable care in selecting Third Party Suppliers, the Provider is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third Party Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and Outdoor Voyage and the Provider do not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.
THE Provider IS NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY OTHER THAN THE Provider AND ITS EMPLOYEES.
The Provider is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.
19. Optional Extras.
“Optional Extras” refers to any activity, transportation, meal, product or service not expressly included in the Experience itinerary or price of the Experience and do not form part of the Experience. You agree that any assistance given by Outdoor Voyage or the Provider in arranging, selecting, or booking, any Optional Extras is purely at your request and Outdoor Voyage and the Provider makes no warranties and expressly disclaims any liability whatsoever arising from participation in Optional Extras or any information provided by any representative of the Provider regarding any Optional Extras. You release Outdoor Voyage and the Provider from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to or arising from participation in or booking of Optional Extras.
You acknowledge and agree that any liability for loss, damages, death, personal injury, illness, emotional distress, mental suffering or psychological injury or loss of or damage to property associated with Optional Extras is the sole responsibility of the third party providing that service or activity.
The Outdoor Voyage and its parents, subsidiaries and their respective employees, affiliates, officers, directors, successors, representatives, and assigns shall 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 other provider, 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 cause(s) beyond their control. You waive any claim against Outdoor Voyage for any such loss, damage, injury, or death.
In the event that any loss, death, injury or illness is caused by the negligent acts or omissions of the Provider or of the Third Party Suppliers of any services which form part of the booking contract then Outdoor Voyage and the Provider limit their liability, where applicable by all applicable international conventions.
Carriage of passengers and their luggage by sea is governed by the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (PAL), as amended (the “Athens Convention”) which is expressly incorporated into these Terms of Sale and any liability of the Provider and the Carrier (as that term is defined in the Athens Convention) for death or personal injury or for loss or damage to luggage arising out of carriage by sea will be determined solely in accordance with this Convention. The Athens Convention limits the Carrier’s liability for death or personal injury or loss or damage to luggage and makes special provision for valuables. It presumes that luggage has been delivered undamaged to the Guest unless written notice is given to the Provider and/or the Carrier:
(a) in the case of apparent damage, before or at the time of disembarkation or redelivery; or
(b) in the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place.
Any damage payable by the Provider up to the Athens Convention limits will be reduced in proportion to any contributory negligence by you and by the maximum deductible specified in Article 8 (4) of the Athens Convention. Copies of the Athens Convention are available from the Provider on request.
Insofar as the Provider may be liable to you in respect of claims arising out of carriage by sea, the Provider is entitled to all the rights, defenses, immunities and limitations available, respectively, to the actual carrier and under the relevant Conventions, and nothing in these Terms of Sale will be deemed as a surrender thereof. To the extent that any provision in these Terms of Sale is made null and void by the Athens Convention or any legislation compulsorily applicable or is otherwise unenforceable, it shall be void to that extent but not further. The Provider’s liability will not at any time exceed that of the carrier under its Conditions of Carriage and applicable or incorporated conventions or other legislation. Any liability in respect of death and personal injury and loss of and damage to luggage which the Provider may incur, whether under the contract with you in accordance with these Terms of Sale or otherwise, will always be subject to the limits of liability contained in the Athens Convention for death or personal injury.
Notwithstanding anything to the contrary elsewhere in these Terms of Sale, Outdoor Voyage and the Provider will not in any circumstances be liable to you for any loss or anticipated loss of profit, loss of enjoyment, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature.
For claims not involving personal injury, death or illness or which are not subject to the Conventions referred to above, any liability Outdoor Voyage may incur for the negligent acts or omissions of its suppliers will be limited to a maximum of the price which you paid for the applicable Experience, not including insurance premiums and administration charges. Outdoor Voyage will not at any time be liable for any loss of or damage to valuables of any nature. You agree that you will be precluded from making a double recovery by making the same claims and seeking recovery against Outdoor Voyage and its suppliers, contractors or other third parties.
21. Force Majeure.
The Provider will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the Provider failure to commence, perform or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of the Provider; or an event which the Provider or the Third Party Supplier of services, even with all due care, could not foresee any and all of which, individually and collectively, constitute “Force Majeure”.
22. Images and Marketing.
You agree that, while participating in any Experience, images, photos or videos may be taken by other participants, Outdoor Voyage, the Provider or its representatives that may contain or feature you. You consent to any such pictures being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to the Provider, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.
If any provision of these Terms of Sale shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such provision shall be deemed amended or reformed to the minimum extent necessary to conform to the requirements of the law so as to be valid and enforceable in light of the parties’ intent as evidenced by these Terms of Sale. The invalidity or unenforceability of any provision hereof will in no way affect the validity or enforceability of any other provision.
25. Contract Parties & Successors.
These Terms of Sale will inure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors and assigns.
26. Applicable Law.
The Contract and these Terms of Sale are subject to the laws of Colorado, USA and you submit to the exclusive jurisdiction of the courts located in Denver, Colorado, USA for the resolution of any dispute under these Terms of Sale or concerning any Experience, product or service.
Outdoor Voyage reserves the right to update or alter these Terms of Sale at any time, and will post the amended Terms of Sale on the Website at https://www.outdoorvoyage.com/terms-of-sale/. Any amendment will take effect immediately after being posted to the Website. An up to date copy of these Terms of Sale, as amended, may be accessed at any time on the Website and will be sent to you upon written request to Outdoor Voyage. You are deemed to have accepted any amendments to these Terms of Sale on the date of posting on the Website. Outdoor Voyage recommends that you refer to the Terms of Sale prior to travel to familiarize themselves with the most up-to-date version available.
By making a booking you consent to the disclosure your Personal Information to the applicable travel providers or service providers and the transfer of your Personal Information to the countries where the applicable travel providers or service providers operate. This means that your Personal Information may be transferred outside of your home country to a country with different and less or more stringent privacy laws.