TERMS & CONDITIONS
PhotoQuest360 LLC. reserves the right to modify workshop itineraries, including arranged sightseeing, and substitute accommodations, including vessels, aircraft and trains, at any time due to unforeseen circumstances or circumstances beyond our control. Every effort will be made to operate itineraries as planned, but alterations may occur after the final itinerary has been issued. Quoted program prices are per person, double occupancy except where indicated. Although not expected, net rates may be modified due to unexpected significant external factors not forecasted at the time of quotation. PhotoQuest360 LLC. is under no obligation to give a breakdown in costs of any workshop or travel program. Refunds are not made for any missed services, except for verifiable extenuating circumstances. Please see our Limits on PhotoQuest360 LLC.'s Responsibility clause below. For verifiable claims to be considered, they must be received in writing within 21 days of the termination of the program and be accompanied by supporting documentation and/or a statement from the local destination company verifying the claim. Any adjustment considered will be based on the actual price of the services involved and not on a per diem basis. Adjustments will not be made for unused sightseeing trips or meals. PhotoQuest360 LLC. will not accept any liability for any claims that are not received within 21 days of the termination of your travel program.
LIMITS ON PHOTOQUEST360 LLC’S RESPONSIBILITY
PhotoQuest360 LLC., its employees, shareholders, officers, directors, successors, agents and assigns, does not own or operate any property or entity which is to or does provide goods or services for your trip. It purchases transportation (by aircraft, motorcoach, train, vessel or otherwise), hotel and other lodging accommodations, restaurant, ground handling and other services from various independent suppliers. All such persons and entities are independent contractors. As a result, PhotoQuest360 LLC. is not liable for any negligent or willful act of any such person or entity or of any third person. In addition and without limitation, PhotoQuest360 LLC. is not responsible for any injury, financial or physical loss, death, inconvenience, delay or damage to personal property in connection with the provision of any goods or services whether resulting from but not limited to acts of God or force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, mechanical, food poisoning or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time. There are many inherent risks in adventure travel of the type involved here, which can lead to illness, injury, or even death. These risks are increased by the fact that these trips take place in remote locations, far from medical facilities. Guest assumes all such risks associated with participating in these trips. If you decide to participate in any activities including, but not limited to, any excursions involving animals, diving, snorkeling, hot air ballooning, high altitude treks, climbing, primate tracking and any activity which PhotoQuest360 LLC. considers to carry inherent risk of serious illness, injury or death (“Activities”), then you fully understand and acknowledge that Activities carry with them various inherent risks, including serious illness, injury or death and you take complete responsibility for your own health and safety and agree to assume all risks of injury, illness or death, whether foreseen or unforeseen, that may befall you as a result of participating in any Activities and agree to release PhotoQuest360 LLC. and its affiliates, their agents, employees and representatives from any liability whatsoever related thereto. Further, as consideration for being permitted to participate in the Activities, you release PhotoQuest360 LLC., whether known or unknown, from, and agree not to sue or make claim against PhotoQuest360 LLC. for, property damage, cancellation of any Activities for any reason, illness, negligent rescue operations or procedures, personal injury, or death arising out of your participation in the Activities, and any activity related thereto, including transportation to and from the site of the Activities, regardless of whether such property damage, illness, personal injury, or death results from the negligence of PhotoQuest360 LLC. (but not its reckless, willful, or fraudulent conduct), and/or from any defect in equipment. You further agree to indemnify and hold PhotoQuest360 LLC. harmless with respect to any claim made against PhotoQuest360 LLC. by anyone else which (a) related to your participation, or (b) which would be subject to the above release and covenant not to sue if you had made the claim directly yourself.
TRAVEL ADVISORIES AND WARNINGS
It is the responsibility of the traveler 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. In the event of an active State Department Travel Warning against travel to the specific destinations of the trip, should the traveler still choose to travel, notwithstanding any travel advisory or warning, the traveler assumes all risk of personal injury, death or property damage that may arise out of the events like those advised or warned against.
Any controversy or claim arising out of or relating to these Terms and Conditions; to the Limits on PhotoQuest360 Llc.’s Responsibility clause; to any information regarding any PhotoQuest360 LLC. trip, service or package; or to any PhotoQuest360 Llc. related trip, activity, service or package shall be submitted exclusively to and resolved in binding arbitration in the State of Wyoming, under the CPR International Non-administered Arbitration Rules (which can be found at cpradr.org), before a single arbitrator appointed by CPR. Any party or their representative may appear for the arbitration by telephone or video- conference. Each party shall bear its own fees, costs and expenses and an equal share of any arbitrator and administrative fees.
ANY PAYMENT TO PHOTOQUEST360 CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET OUT HEREIN AND IN MORE SPECIFIC PRE-TRAVEL DOCUMENTATION, INCLUDING THE GUEST INFORMATION FORM.
PhotoQuest360 LLC. reserves the right to correct any errors or omissions in its published materials and to amend these Terms and Conditions at any time as the result of any material changes to legislation or regulation. All amended Terms and Conditions shall automatically be effective upon being posted to the website www.photoquest360.net. Accordingly, travelers should check www.photoquest360.net prior to travel in order to ensure they are aware of any changes.