WHOA LEGAL STUFF
RELEASE AND ASSUMPTION OF RISK
I acknowledge that I intend to undertake an organized activity with WHOA TRAVEL, LLC. (“WHOA”) and that in order to do this I will need to involve myself in related aspects of such activity including, but not limited to special travel, risks of various kinds and degrees, differing living conditions and foods, a variety of interpersonal interaction and close-quarter conditions, varying types of medical risks, hazards, availability of medical care and support, and differing weather conditions and altitudes and any risks that may come of such. In consideration of, and as payment for, the right to participate in such activities, services or food arranged for me by WHOA I have and hereby assume all the associated risks and conditions involved with such activities and shall hold WHOA, its officers, agents, and employees harmless from any and all liability, actions, causes of action, debts, claims and demand of any kind and nature whatsoever which I now have or which may arise out of or in connection with my adventure or participation in any other activities arranged for me by WHOA. The terms hereof shall serve as a release and assumption of risk for my heirs, executors and administrators and for all members of my family, including any minors accompanying me. The limitations and exclusions of liability set out in this Contract apply to the maximum extent permitted by applicable law and survive termination of the Contract for whatever reason. This Release and Assumption of Risk is meant to compliment the Assumption of Risk Provision Found in Section 13, Terms and Conditions, and any additional Assumption of Risk waivers I may have to sign based on my specific travel program.
• The adventure leader(s) is responsible for the general equipment and logistics of the adventure including, but not limited to, the choice of team support, routes, camps, and any change of activities. During the adventure, the leader may assist clients on certain aspects of the adventure/activity, or may delegate such provision of assistance to staff members, agents or servants, or third-party support. The leader, assistant, or any other adventure personnel as identified herein will demonstrate reasonable procedures and/or safety information required for the adventure or activity. The Client is expected to fully understand these instructions and procedures and comply with them at all times during the adventure or activity. It is the Client’s responsibility to immediately notify the adventure leader and/or those support staff identified herein if they do not fully understand any and all instructions and procedures that have been explained to them by adventure personnel.
• The adventure leader(s), assistants and/or third-party support shall not be responsible for carrying any personal equipment of the Client except where specified in the general instructions provided for your Adventure. In the instance that the Client wilfully hands over and/or is incapable of carrying their personal equipment, the adventure leader(s), assistants and/or third-party support are not responsible or liable for any of the Client’s personal equipment.
• The Client understands that they may have to deal with hostile environments including, but not limited to, changes in temperature, weather, terrain, government action or culture. Dangers and medical problems may occur which are linked with the risks associated with the Client’s adventure. This environment and living closely in a small group may generate stress problems for the Client. WHOA shall not be held liable or responsible for any instances laid out in the foregoing paragraph.
• The team leader or any person as so delegated by the team leader to do so may in the interest of safety request the participants to stop any activity, or in such circumstances as required, terminate the entirety of the adventure at any time during said adventure.
• The Client has filled in all relevant forms and documents truthfully and agrees to the Release and Assumption of Risk.
• You have read all the information supplied to you including the Terms and Conditions and have accepted them without qualification.
• Applicant shall be responsible for making all travel arrangements to and from the originating city, i.e. they shall be solely responsible for all costs, bookings and other transportation related arrangements to and from the city or location from which the adventure begins. Alternatively, if the Applicant wishes WHOA to make such arrangements, they should notify WHOA of the request in writing via email. WHOA’s receipt of such notification shall not create an obligation of WHOA to comply with the request, and WHOA shall bear no costs (damage or otherwise) associated with either arranging travel that is not within the scope and costs of the advertised adventure, or the rejection of the applicant’s request.
• The Client gives WHOA permission to use any photographs or video footage taken during the adventure in their marketing materials.
TERMS AND CONDITIONS
These are the terms and conditions which will apply to your booking. By booking an adventure you agree to be bound to all terms and conditions. Your signature below confirms that you have read and agree to the Terms and Conditions on this form, and that you understand that these terms apply to all in your party (if multiple names appear on the attached invoice).
1. GENERAL STATEMENT
All persons who intend to make a booking, have sent in an application or deposit, have paid for a booking in any amount (partial or full), and/or will or have begun or completed an adventure with WHOA TRAVEL, LLC (“WHOA”) have carefully read and understand the Terms and Conditions that follow and all other Contract Documents. By making a booking by telephone, or on the website www.whoatravel.com, or by email, or facsimile with WHOA or its Agents, you accept on behalf of yourself and all those named on the booking including minors and person with disabilities to be bound by these Terms and Conditions and Contract Documents. No persons shall be deemed to have booked an adventure and WHOA shall not assume any obligations and/or liability until timely receipt of the Applicant’s properly completed and executed Application Documents, and the deposit (together with the Pre-departure Form, Medical Release, Adventure Waiver, Payment Invoice, “Contract Documents”). Prior to a proper and timely booking, WHOA reserves the right to increase or decrease any and all prices. WHOA, its affiliates, agents and representatives reserve the right to decline any booking at their discretion. The person or persons named on the booking are hereinafter referred to as the “Client”. All bookings are made with WHOA, however WHOA may utilize the service of agents, affiliates and/or third-party suppliers for various services provided for or associated with your adventure. These Terms and Conditions together with the Contract Documents shall constitute the entire agreement between WHOA and the Client relating to the subject matter herein, and shall constitute a binding agreement. There are no verbal or written; representation(s), warranties, collateral agreement(s), prior agreement(s), description of services, or conditions, other than as expressed herein. The service to be provided is/are the adventure(s) referred to in the booking confirmation.
2. CONDITIONS OF CARRIAGE
Carriage by road, air or by sea is subject to the individual carriers conditions. WHOA’s liability for death, and/or personal injury, and/or loss of and/or damage to luggage may be limited by the conditions in this agreement, international conventions, treaties, or any applicable law including the Athens, Warsaw or Montreal Conventions.
a. The Client acknowledges and understands that their adventure may be to a destination that is remote, isolated, and far removed from medical care facilities. Medical facilities vary from country to country and WHOA makes no representations and gives no warranties in relation to the standard of such treatment. The Client agrees and acknowledges the risks, dangers, and limited availability or lack of any medical care associated with such travel and, together with all limitations of liability found in this document and the Contract Documents including those found in Medical Information and Release Form, absolve WHOA of any liability of such risks, dangers and failure to provide medical care.
b. The Client understands the honest completion of the Medical Information and Release Form will assist all concerned in an emergency situation. In the event there is a dispute between WHOA and the Client in regard to the Client’s physical or mental suitability for an adventure, the matter will be referred to a medical professional at the Client’s expense.
c. WHOA must be notified in writing at the time of booking of any medical conditions, pregnancy, physically or mentally challenged conditions or disabilities which may affect fitness to travel. WHOA shall not be held liable for the Client’s failure to notify WHOA of any such conditions, and the Client assumes all risk for failure to disclose all aforementioned medical conditions. The Client’s failure to notify WHOA of such conditions may result in the client being refused travel, in the case, that results in cancellation, 100% of the cancellation fees are the responsibility of the Client. Some adventures may be unsuitable for Clients due to age, mobility, pregnancy or physical or mental conditions. It is the Client’s responsibility to check prior to booking. WHOA may refuse to carry pregnant women over 24 weeks or Clients with certain mental or physical conditions. WHOA is not required to provide any special facilities unless it has been agreed to do so in writing. WHOA will do its best to meet Clients special requests including dietary, but such requests do not form part of the Contract and therefore the WHOA is not liable for failing to provide these requests.
WHOA sells its adventures in United States Dollars (USD).
5. BOOKING DEPOSIT
At time of booking a non-refundable deposit is required per person per adventure as indicated on your Payment Invoice. The following are WHOA’s booking deposit schedules:
• Bookings more than 180 days prior to departure shall require a deposit as indicated by the Payment Invoice.
• Bookings more than 60 days but less than 180 days prior to departure shall require a deposit, plus first payment as indicated by the Payment Invoice.
• Bookings less than 60 days prior to departure shall require full payment as indicated by the Payment Invoice.
The non-refundable deposit should be sent to WHOA. Some adventures may require a higher deposit or full payment at the time of booking. If deposit is different from that outlined in this clause, WHOA will notify the Client of this requirement at the time of booking and detailed on the Payment Invoice.
6. FINAL PAYMENT AND ACCEPTANCE OF BOOKING
a. Final Payment: Acceptance of the Client’s booking shall be confirmed in writing by WHOA. Please refer to the confirmation invoice and/or confirmation email for details regarding final payment. Payment of the balance of the adventure is 60 days. If full payment is not received by the due date, then rates and adventure space cannot be guaranteed and WHOA has a right to cancel your adventure and keep any and all Client deposits. If a booking is made 90 days or less before the departure date of the first service booked, then the full payment amount is payable at the time of application and booking; failure to remit the full amount shall deem the adventure voidable by WHOA as it was not properly booked by the Client.
b. Client Details: In order for WHOA to confirm and guarantee the Client’s travel arrangements, the Client must provide all Client details with their final invoice payment as per the dates specified in the Contract Documents. If the Client does not provide all details 60 days or more before departure a fee of $250 USD will be charged to the Client. In the event where client details have not been received by WHOA 45 days prior to the Client’s adventure departure, WHOA reserves the right to treat the adventure as cancelled and the participant acknowledges that their spot on the adventure will be forfeited, and full penalties will apply. Client detail requirements may vary by adventure.
c. Traveling with Children: The minimum age for Clients traveling on an adventure is based on the adventure chosen. An adult over the age of 21 must accompany every 2 children under the age of 18. All inquiries with respect to children are subject to review and approval by WHOA, which maintains and reserves the right to restrict the number of travelers under the age of 18 on adventures. If the adult accompanying the child is not the child’s parent, then a “Parental Consent Guardianship Form” must be signed by the parent or legal guardian and received by WHOA prior to departure.
d. Credit Card Charges: WHOA shall not be responsible for any charges applied to credit card transactions and shall not refund or return any fees by third parties as incurred during the transaction of the adventure cost.
7. CANCELLATION / TERMINATION OF ADVENTURE BY THE CLIENT
General Cancellation- The cancellation charges are expressed hereafter as a percentage of the total adventure price, excluding insurance:
• Cancellation 90 days or more before departure: Loss of deposit, which minimum value shall be no less than $500.00 USD, but can vary based on adventure as specified in the adventure documentation or WHOA website.
• Cancellation 61- 90 days prior to departure: 25% of Adventure Cost as listed on website
• Cancellation 31-60 days prior to departure: 50% of Adventure Cost as listed on website
• Cancellation 30 days or less prior to departure: No Refund
• Cancellation at or after trip departure: No Refund
• Custom adventures may vary in cancellation policy from those described herein, and will be detailed at time of booking.
8. CANCELLATION / TERMINATION OF ADVENTURE BY WHOA
WHOA reserves the right to cancel any adventure for any reason, but will not cancel an adventure less than 60 days before departure except for force majeure as outlined in Section 17, for local permitting issues or any other reasonable concern. When an adventure is cancelled by WHOA, the Client may choose between a full refund of all monies paid, or, if offered in the sole discretion and option of WHOA, any alternative adventure offered by WHOA at no extra cost to the Client save for any local payments required as outlined in the final Contract Documents for the alternative adventure and/or any other literature or itinerary received by the Client from WHOA. WHOA is not responsible for any direct, incidental, consequential damages, expenses or losses that the Client may have incurred as a result of the booking including, but not limited to, visas, vaccinations, non-refundable flights or rail, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment and opportunity. If the alternative adventure chosen is of a lower value than that originally booked, then the Client is entitled to a refund of the price difference. If the Client is offered a refund but requests an alternative tour of a higher value than that originally booked, then the Client must pay the difference in price. Where a significant element of the adventure cannot be provided, WHOA will make suitable alternative arrangements for the continuation of the adventure. If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, WHOA will provide the Client a refund of unused adventure portions.
9. UNUSED SERVICES
There will be no discounts or monies refunded for missed or unused services, including the Client’s voluntary or involuntary termination/departure from adventure, which includes but is not limited to sickness, death of a family member etc, late arrival on the adventure, or premature departure either voluntarily or involuntarily.
10. PRICES AND SURCHARGES
No price increases will be made to a booking 30 days or less before departure. WHOA reserves the right to impose surcharges (price increases) up to 30 days before departure due to unfavorable changes in exchange rates, increases in air fares or other transportation/fuel costs, increases in local operator costs, taxes, or if government action should require us to do so. WHOA will absorb 15% of any such surcharge. If the surcharge/price increase is for more than 15% then the remainder will be charged. If any surcharge results in an increase of more than 30% of the adventure cost, excluding insurance premiums, the Client may cancel the booking within 14 days of notification of the surcharge and obtain a full refund of all monies paid to WHOA (excluding Adventure Cancellation Insurance Premiums and/or flights). All cancellation requests shall be received in writing via email with a reply from WHOA.
11. BROCHURE AND WEBSITE VALIDITY / WARRANTY OF STATEMENTS
The prices in this brochure and website are based on the rates and costs in effect at time of the printing the brochure or posting on the website. WHOA reserves the right to alter any and all prices.
a. Changes made by WHOA: While WHOA will endeavor to operate all adventures as advertised, reasonable changes in the itinerary may be made where deemed necessary or advisable by WHOA. If WHOA makes a major change, WHOA will inform the Client as soon as reasonably possible if there is sufficient time before departure. When a major change is made the Client may choose between accepting the change, obtaining a full refund of all monies paid to WHOA (excluding Trip Cancellation Insurance Premiums and/or flights) or accepting any alternative adventure offered by WHOA. The definition of a major change is deemed to be a change affecting at least one in three full adventure days of the itinerary. If the major change is due to force majeure or unforeseen circumstances no compensation is payable. Some changes to the itinerary may happen on adventure as a result of unforeseen circumstances or local situations. Any changes made to alter the itinerary as a result will be made with full authority of the Trip Leader and any direct or indirect cost incurred as a result will be the responsibility of the Client.
b. Transfer to another departure (by Client): A transfer from one adventure to another can only be made more than 90 days before departure date and only if approved in writing by WHOA. If such a request is accepted by WHOA, WHOA reserves the right to charge up to the deposit amount of the first booked adventure. Any request to transfer received less than 90 days before departure will not normally be accepted. In this case the Client must cancel the booking and then re-book on another adventure. The Client may only transfer the booking to a departure date in the current season and may not transfer the booking to future seasons. Any such transfers will be regarded as cancellations and cancellation fees will apply.
c. Transfer of name: If the Client is prevented from traveling on the adventure booked by circumstances such as those which would permit a claim on a standard cancellation insurance policy, the booking may be transferred to another person, provided they meet all the requirements relating to that adventure and have read, understood and agree to the Terms and Conditions of this contract. More than 90 days before departure, up to the deposit amount of the adventure will apply. Within 90 days name transfers are not permitted.
d. Amendments: Any amendments to a file within 90 days of a departure will depend on availability and will be on a request basis. Any extra costs incurred for making the change will be charged to the client’s final balance.
13. ACCEPTANCE OF RISK
I understand traveling with WHOA TRAVEL, LLC may involve risks (and rewards) above and beyond those encountered on a more conventional holiday, and that I am undertaking an adventure trip with inherent dangers. I understand I am traveling to geographical areas where, among other things, the standard of accommodation, transport, safety, hygiene, cleanliness, medical facilities, telecommunications and infrastructure development may not be of the standard I am used to at home or would find on a conventional trip or holiday. I have read and understood the WHOA TRAVEL, LLC information literature and documents for this adventure I am undertaking and have provided details of any pre-existing medical conditions I may have to WHOA TRAVEL, LLC representatives. I accept these risks and obligations and I fully assume the risks of travel. I fully and forever release and discharge WHOA TRAVEL, LLC. and all other related, affiliated, associated or otherwise connected corporations, partnerships, individuals and other entities and all of their respective officers, directors, employees, contractors, agents, successors and assigns (collectively, the “Releasees”) from any and all costs (including, without limitation, actual legal costs), claims, demands, actions, causes of action and liabilities whatsoever for any and all losses, damages, death or injuries to persons or loss of property, which may be sustained by me in connection with or in any way relating to this trip, due to any cause or reason whatsoever including, without limitation, the reckless, willful or negligent actions or omissions of the Releasees or any other person or persons. Optional Activities: I understand during my trip there may be opportunities to undertake activities, which do not form part of the itinerary. I understand WHOA Travel, LLC makes no representations about the safety or quality of the activity, or the standard of the independent operator running it. I also understand WHOA TRAVEL, LLC is in no way responsible for my safety should I elect to enter into such optional activities. With full knowledge of the above, I may still elect to partake in the activity, and if I do so, I assume full responsibility for any risks involved, and the waiver and release of the Releasees set out in the foregoing paragraph shall apply to such optional activities.
14. AUTHORITY ON ADVENTURE
By booking with WHOA, the Client agrees to abide by the authority of the adventure leader or WHOA representative. The Client must at all times strictly comply with the laws, customs, foreign exchange and drug regulations of all countries visited. If the Client is affected by any condition, medical or otherwise, that might affect other people’s enjoyment of the adventure, the Client must advise WHOA at the time of booking. Should the Client fail to comply with the above or commit any illegal act when on the adventure or, if in the opinion of the adventure leader, the Client’s behavior is causing or is likely to cause danger, distress or annoyance to others WHOA may terminate that Client’s travel arrangements without any liability on WHOA’s part and the Client will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements.
15. GUARANTEED DEPARTURES
WHOA guarantees selected departures at their sole discretion. This guarantee of departure is subject to force majeure situations, and WHOA reserves the right to remove the guaranteed designation at anytime due to circumstances beyond reasonable control. WHOA will not be held accountable for any indirect cost resulting to the client for this action.
16. TRAVEL DOCUMENTS
a. The Client must be in possession of a valid passport required for entry, departure and travel through each destination point along the itinerary of the adventure, (passport must be valid 6 months past the return date), all visas, permits, and certificates including vaccination certificates, insurance policies required for the whole of the journey. The Client accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the adventure and is solely responsible for any adverse consequences resulting from missing or defective documentation. Any information or advice given by WHOA regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the Client, and WHOA is not responsible for any errors or omissions as to the information provided.
b. To expedite the issuing of WHOA travel documents please note that all adventure related travel documents such as vouchers, itineraries and invoices will be sent via email once full payment has been received by WHOA. WHOA reserves the right to impose a fee for those Clients who wish to receive paper documents.
17. FORCE MAJEURE
WHOA shall not be liable in any way to the Client 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 WHOA’s failure to commence, perform and/or complete any duty owed to the Client 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 a Force Majeure Event. Force Majeure Event’s are defined as one whose occurrence was not reasonably foreseeable at the time of entering into this Contract and which is beyond a party’s reasonable control. Such events include but are not limited to, an Act of God, war or war like operations, terrorist activities or threat thereof, civil commotions, labor difficulties, whether or not WHOA is a party thereto, interference by authorities, political disturbance, howsoever and wheresoever 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 WHOA.
It is mandatory that all Clients obtain travel insurance with a minimum medical coverage of $200,000 USD while travelling with WHOA and this insurance must cover personal injury, medical expenses, repatriation expenses, and evacuation expenses. Clients must be able to provide proof of their insurance purchase and adequate coverage as per the required amounts above if requested by the Trip Leader or WHOA Representative. It is strongly recommended the coverage be extended to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client. WHOA shall have no liability for loss, theft of or damage to baggage or personal effects. Personal belongings lost or stolen, are not subject to reimbursement by WHOA. Losses due to ordinary wear and tear or Force Majeure events are not reimbursable. WHOA does not accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by WHOA including, but not limited to, hotels, pensions, campsites, homestays, vessels, expedition vehicles, or any other mode of transportation. When the Client has obtained travel insurance through WHOA, the Client acknowledges that he or she is satisfied with the levels of insurance arranged by WHOA. Where the Client has declined to purchase insurance through WHOA, the Client acknowledges that the cost of the adventure does not include insurance, and that the Client is required to obtain separate coverage at an additional cost. When obtaining travel insurance from a source other than WHOA the Client must ensure the insurer is aware of the type of travel to be undertaken.
19. STANDARDS ON ADVENTURE
The Client acknowledges the quality of the products and services, including accommodations, transport and all other services related to the adventure that are organized by WHOA or its representatives are likely to be different in standard to what the Client may reasonably expect at home. Further, the Client understands, appreciates and accepts any variance in quality or level of service as a part of the adventure travel experience. All arrangements made by WHOA are done so with best of intentions to match any description provided, however, the Client reasonably allows for local conditions to influence products and services.
20. RESPONSIBILITY FOR YOUR ADVENTURE
All services herein are organized by WHOA. Notice is hereby given that all arrangements made on behalf of the Client are made by organizers on the sole condition that the organizers shall not be held responsible for any injury, death, accident, delay, loss, damage or irregularity which may be occasioned through acts of any WHOA and/or persons engaged in carrying out the arrangements. WHOA acts as an agent for transport companies, hotels and other contractors and shall not be held liable for any injury, damage, loss, delay or irregularity that may occur, including, but not limited to, any defect in a vehicle or any other form of conveying a traveler, acts of God, detention, delays or expenses arising from quarantine, strike, riots, theft, Force majeure events, civil disturbance, government restriction or regulation, accident by aircraft, boat, bicycle, motor vehicle or any other form of transport or in any hotel or guest house, pension, or other form of accommodation. The Client acknowledges that the quality of the products organized by WHOA including accommodations and all other services related to the adventure which are organized by WHOA, are not within the control of WHOA and that in any event the quality of such products may be compromised by local conditions. Accordingly, the Client hereby releases WHOA from all claims and causes of action arising from any damage, loss of enjoyment, inconvenience, or injuries related to the quality of such products. The information contained on WHOA’s website and related marketing materials is correct to the best of WHOA’s knowledge and WHOA accepts no liability for any inaccuracies contained herein. WHOA reserves the right to alter any itinerary in progress or service at any time without penalty to WHOA. Any additional expense or cancellation shall be borne by the customer. The organizer reserves the right to withdraw or refuse any service to any customer at the discretion of the organizer. Payment of deposit is taken as acknowledgement and agreement to these terms and conditions.
All discounts and reduced pricing are applied at WHOA’s discretion.
22. CLAIMS AND COMPLAINTS
If a Client has a complaint against WHOA, the Client must first inform the Adventure Leader at the earliest opportunity to allow the grievance to be rectified. If satisfaction is not reached, the Client must contact a WHOA representative while on an adventure in order to ensure that WHOA is provided the opportunity to rectify the matter. Failure to indicate dissatisfaction while on the adventure may bar or reduce the Client’s ability to claim compensation from WHOA. If satisfaction is still not reached through these means on an Adventure, then any further complaint must be put in writing to WHOA via email at firstname.lastname@example.org, no later than three days after the final day of the Client’s adventure. WHOA will not accept any liability for claims received after this period. It is the responsibility of the client to be familiar with and follow WHOA’s claims and complaints process.
23. SUPPLIERS CONDITIONS
Airlines, railways, coach and shipping companies and other suppliers have their own booking conditions or conditions of carriage, and the Client will be bound by these as far as the relevant transport provider or supplier is concerned. Some of these conditions may limit or exclude liability on the part of the relevant transport provider or other supplier, and they are often also subject to various international conventions. WHOA’s liability will be limited to and shall not exceed that of its suppliers. The Client is precluded from making a double recovery by making the same claims and seeking the same recovery against WHOA and its suppliers.
24. LOCAL CONDITIONS
The Client acknowledges he or she will be visiting places where the political, cultural and geographical attributes present certain risks, dangers and physical challenges greater than those present in her or his daily lives. By booking travel with WHOA, the Client acknowledges she or he has considered the potential risks, dangers and challenges, and expressly assumes the risks attendant to such travel conditions. The Client is solely responsible for acquainting themselves with customs, weather conditions, physical challenges and laws in effect at each stop along the itinerary, and are encouraged to locate or make contact prior to embarkation with his/her local embassy or consulate in each destination.
25. OPTIONAL EXTRAS
Optional extras do not form part of the adventure or contract. It is understood and accepted by the Client that any assistance given by the Adventure Leader or representative in arranging optional extras does not impose liabilities of any kind on WHOA. Accordingly, the Client hereby releases WHOA from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to the quality of such products. Optional extras include, as example, but are not limited to, rafting, horseback riding, sightseeing flights and other extras that are not included in the adventure price.
In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason, then such term or condition shall be deemed to be severed from this Agreement or amended accordingly only to such extent necessary to allow all remaining Terms and Conditions to survive and continue as binding.
27. SUCCESSORS AND ASSIGNS
These Terms and Conditions shall inure to the benefit of and be binding upon WHOA and the Client and their respective heirs, legal personal representatives, successors and assigns.
28. ERRORS AND OMISSIONS
Although WHOA has made a concerted attempt to verify the accuracy of statements made herein, WHOA cannot be held responsible for any error, omission or unintentional misrepresentation that may appear in their brochure, travel documents, or on the website.
WHOA will provide personal information to suppliers and carriers to enable the operation of the services requested. WHOA will do all reasonably possible in endeavoring to protect personal information.
30. FINANCIAL SECURITY
To ensure adventure arrangements are fully protected, all monies received as payment for adventures booked with WHOA will be deposited in a Trust Account with Bank of America. The WHOA Travel, LLC Trust Account is bound by banking regulations and independently audited. Money is held in Trust until the adventure is completed or the services comprising the adventure have been paid for by WHOA.
31. APPLICABLE LAW AND CHOICE OF FORUM
This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York without regard to applicable conflict of law provisions.
32. UPDATING OF TERMS AND CONDITIONS
WHOA reserves the right to update and amend these terms and conditions at anytime. It is the responsibility of the Client to keep updated with any changes. The current version of terms and conditions will always be found on the website www.whoatravel.com and will be the terms referred to in any dispute.
WHOA will provide personal information to suppliers and carriers to enable the operation of the services requested. WHOA will do all reasonably possible in endeavoring to protect personal information.
WHOA travel Data Protection Policy
Updated: May 25, 2018
WHOA travel is committed to processing data in accordance with its responsibilities under the GDPR and other subsequent laws. If you have any questions about our data protection policy, you can contact our team at email@example.com.
This data protection policy ensures WHOA travel: Complies with data protection laws, follows good practices, is transparent about how it stores and processes individuals’ data, protects itself from the risks of a data breach, protects the rights of staff, customers, and partners
Information we collect about you
For the purpose of providing a travel service to you, WHOA travel may collect and hold personal information such as:
Your name, date of birth, gender, postal address, telephone number, email address, passport details, medical information and travel insurance details (where required).
Details of the products and services you have purchased from us or which you have enquired about, together with any additional information necessary to deliver those products and services and to respond to your inquiries.
How is your personal information used?
WHOA travel may collect, use or disclose your personal information, either directly or through booking partners, for the purposes of offering or booking travel services on your behalf, such as your name, age, address, phone number, e-mail address, emergency contact information, passport information, travel medical information (where required), insurance details, nationality, residency, nutrition preferences, trip evaluations, travel and accommodation preferences, comments you provide us, trip destination information, and payment-related information. This personal information enables us to provide you with trip information, book flights, accommodations, process payments, and provide similar travel services.
If you book a WHOA travel trip, WHOA travel may rely on local third party adventure providers. Please be aware that WHOA travel may be required to provide certain personal information to our third party adventure providers for the purposes of delivering your experience. For example, if you book a Kilimanjaro Adventure through WHOA travel, we will be required to provide certain personal information to our third party adventure provider for the purposes of securing your permits, food to accommodate dietary restrictions, ensuring the safety and security of our passengers and products, complying with laws, regulations, and immigration requirements, etc . When you book travel services with us, you consent to collection, use and disclosure of your personal information by WHOA travel—and the corresponding collection and use by the relevant travel partners or suppliers—for the purposes of administering and delivering the travel services you requested.
Newsletters and Contact Forms
We may also collect personal information, including contact information such as name, address, and phone number or email address if you elect to fill out one of our contact forms, subscribe to our newsletter, or request information from us via email. We use this personal information for the purposes of delivering the information you request.
WHOA travel collects personal information from individuals applying for employment or similar positions at WHOA travel to the extent necessary to identify the individual and evaluate their suitability for the position they are applying for. This information may include name, contact information, educational and employment background, criminal record verification, residency and/or citizenship information, and other information necessary for us to screen potential employees and staff.
European Residents: Transfers of Data Outside Europe
Please note that if you are resident in the UK, European Union or European Economic Area (“EEA”) we may hold your personal information outside of the EEA. For instance, your personal information may be held by us in United States (which has been recognized by the European Commission as having an adequate level of privacy protection).
We may also need to transfer your personal information to travel suppliers and other third parties outside of the EEA, for instance where a supplier is based outside of the EEA. Countries outside of the EEA may not have the same level of privacy laws as exist in the UK, Canada and the EEA. We will take reasonable steps to ensure that your privacy rights are protected.
How is your personal information protected?
We have implemented measures designed to help protect personal and sensitive information provided to us. We maintain reasonable administrative, technical and physical safeguards in an effort to protect against unauthorized access, use, modification and disclosure of personal information that is in our custody and control.
It may be necessary for WHOA travel to amend or make revisions to this Data Protection Policy. If we make a change to the Policy, the revised version will be posted on our website. Please refer to this Data Protection Policy for the latest information about our personal information practices.