Vagabond Adventures Agreements and Waiver
Service Package
Vagabond Adventures LLC (ID 402146101) agrees to provide the following services to the customer, defined as a “tourist product” under the Law of Georgia on Tourism and Resorts.
To secure a booking for a trip more than 30 days in advance, Vagabond Adventures LLC, hereby referred to as “the Company”, requires a completed booking form together with a fixed deposit amount of 30% from the Client. The remaining 70% must be paid at least 30 days prior to the start of the trip. If there are less than 30 days remaining until the trip is due to commence, the Company requires full payment of the trip price. A booking is accepted and becomes definite only from the date when the deposit has been paid and the Company has confirmed acceptance by issuing the Client with a Trip Confirmation email. It is at this point that a contract between the Company and the Client comes into existence. The contract, including all matters arising from it, is subject to Georgian law and the exclusive jurisdiction of the Georgian courts.
- Payment for your Holiday
The balance of all money due, including any surcharges applicable at that time, must be paid to the Company no later than 30 days before the scheduled departure date. In the case of non-payment of the balance by the due date the Company will treat the booking as canceled by the Client.
- Cancellation by the Client
All cancellations must be submitted to the Company in writing, are effective as of the date we receive them according to our internal records, and will be subject to a cancellation fee (“Cancellation Fee”) as follows (amounts are per person and only apply to amount paid after the non-refundable deposit amount):
◦ Cancellation 30 days or more prior to trip departure – 30% of total booking cost (loss of deposit)
◦ Cancellation less than 30 days prior to departure – 100% of total booking cost
Cancellation policy for custom trips may differ from these terms and will be communicated prior to booking.
No refunds will be made if you leave a trip for any reason after the trip has begun. The same applies if you cannot fully participate in a trip due to injury or illness. No refunds will be made for any accommodation, transport, sightseeing, meals or services not utilized. Travel insurance is recommended to cover such cases.
- Insurance
Clients are not covered by any insurance policy from the Company. Clients and their personal property including baggage, are at all times solely at their own risk. Travel insurance is not provided by the Company. Customers who wish to be covered for out-of-pocket non-refundable costs, as well as emergency medical, lost luggage, trip cancellation, and more, may consider purchasing their own travel insurance policy, such as World Nomads.
- Cancellation by the Company
The Company reserves the right to cancel any trip prior to the scheduled departure date for any reason whatsoever, including without limitation, insufficient participation, local weather conditions or logistical problems that, in our sole reasonable judgment, may impede trip operations. In the event of trip cancellation by the Company for any reason whatsoever other than a force majeure event, your sole and exclusive remedy shall be the refund of all payment amounts received from you by the Company as of the date of cancellation, and the payment thereof shall release the Company from any and all other or further liability in any way related to such cancellation. The Company makes substantial payments to its suppliers (hotels, transportation companies, etc.) far in advance of the scheduled trip departure date. Accordingly, if a trip is cancelled due to a force majeure event (e.g. acts of God, war, labor strikes, earthquake, flooding, etc.), the Company will undertake commercially reasonable efforts to promptly refund the portion of any amounts paid by you that have, in turn, not already been advanced to suppliers.
- Trip alterations by the Company
The Company reserves the right to alter trip itineraries, routes, destinations, and activities when deemed necessary for trip operations. In the event of extreme weather which makes planned activities unsafe or impossible, the Company will provide alternative activities or add lost activity time to other days to the extent reasonable.
- Passport, Visa and Vaccinations
It is the responsibility of the Client to be in possession of a valid passport, visa permits, inoculations and preventative medicines as may be required for the duration of the trip. Information about these matters or related items is given in good faith but without responsibility on the part of the Company.
- Responsibility
You acknowledge that participating in our trips requires a degree of flexibility, and understand that the route of a trip, accommodation and modes of transport are subject to change without prior notice due to local circumstances. Should the Company deem it advisable to amend an itinerary for any reason, it may do so by shortening, varying or re-routing any trip. These changes are binding and additional expenses will be charged to you if the reason for any alteration is outside the Company’s control. While traveling with the Company you agree to accept the authority of the leader and/or local operator at all times. You are aware that travel within a group may involve compromise to accommodate the diverse desires and physical abilities of group members. You understand that the Company reserves the right to decline, accept, or retain any person as a member of the group at any time. You acknowledge that the Company contracts with a network of companies, government agencies and individuals to assist in the running of its trips. To the best of the Company’s knowledge, these third parties are qualified to perform the duties they are contracted to perform. However, you understand and agree that the Company is not liable for any injury including death, damage, loss, delay or irregularity that may occur due to the behavior of these third parties. You further understand and agree that the Company is not responsible or liable for any Client who contravenes any law or regulation of any country visited. No employee, contractor, sub-contractor, servant or agent of the Company has authority to vary these conditions.
- Expectations
The Company does its utmost to ensure you a rewarding and enjoyable travel experience with us. We understand that expectations vary greatly from person to person, however, and we cannot guarantee to meet all the expectations of the various people who attend our trips. By agreeing to these terms and conditions you accept that the Company will not be held accountable if our trips do not meet your particular expectations. This includes, but is not limited to, meeting your expectations regarding the quality or quantity of snow, ski/snowboard areas, mountain bike trails, and kayaking waterways, the quality or quantity of guiding, the quality or type of accommodation, the standard or type of transportation, the style of trip leadership and organization.
- Photos & Videos
The Company, its representatives and/or tour operators may, from time to time, make photographic or video recording(s) during a trip, which may include images of you. These recordings may be reproduced in digital or other form, edited, and publicly displayed, published and/or distributed on the Company’s website and in such other digital media and print materials as the Company may elect.
- Dangers
Traveling with the Company may involve risks above and beyond those encountered on a more conventional holiday. Vacations involving snowboarding, skiing, hiking, mountain biking and kayaking and other adventurous activities have inherent dangers that can result in serious injury and even death. Our use of guides can help to reduce these dangers, but cannot eliminate them. You must be prepared to accept these risks if you attend our trips. Likewise, you must also be prepared to accept responsibility for your own actions during our trips. Although our guides may provide you with advice and directions it is ultimately your responsibility to determine where your limits of capability and experience are and to avoid crossing these limits. We will not be held accountable for the choices and decisions you make during our trips.
Our trips may also involve dangers due to the regions we visit. The Company visits some regions where, among other things, the standard of accommodation, transport, safety, hygiene, cleanliness, medical facilities, telecommunications, and infrastructure may not be of the standard that you are used to or would find on a more conventional holiday. The safety of roads and standard of driving practices may also be lower in some of these regions relative to what you are accustomed to. Although we take commercially reasonable steps to confirm that drivers adhere to local driving laws and drive carefully and safely, we cannot guarantee your safety during ground transportation trip segments and will not be held accountable or liable for damage or injury to you or others due to road accidents that occur during a trip.
By agreeing to these terms and conditions you accept the risks outlined in the above two paragraphs and fully assume the risks of traveling with the Company. You agree to and do hereby release and forever discharge the Company from any liabilities, claims or damages connected to or arising from these risks.
Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement (hereafter the “Release Agreement”)
By agreeing to this release agreement you will waive certain legal rights, including the right to sue. Please read carefully!
To: Vagabond Adventures LLC, and their respective directors, officers, employees, shareholders, members, agents, independent contractors, subcontractors, representatives, sponsors, successors and assigns (all of whom are hereafter collectively referred to as “the RELEASEES”).
Assumption of Risk: I am aware that snowboarding, skiing, hiking, mountain biking, kayaking and any other activities offered by the Company involve the risk of damage, injury and death. I am aware that there is a risk of negligence by the Company and/or the trip operator, including the failure by the Company and/or the trip operator to safeguard or protect me from or warn me of the risks, dangers and hazards. I freely accept and fully assume all risks, dangers and hazards associated with participating in a Vagabond Adventures trip and the possibility of property damage, loss, personal injury or death resulting therefrom.
In consideration of booking a Vagabond Adventures trip and the benefits I am thereby entitled to I hereby agree as follows:
1) To waive any and all claims that I have or may in the future have against the RELEASEES and to release the RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next-of-kin may suffer as a result of a Vagabond Adventures trip due to any cause whatsoever, including negligence, breach of contract or breach of any statutory or other duty of care, on the part of the RELEASEES, and further including the failure on the part of the RELEASEES to safeguard or protect me from or warn me of the risks, dangers and hazards of participating in a Vagabond Adventures trip.
2) To hold harmless and indemnify the RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in a Vagabond Adventures trip;
3) Should the RELEASES or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs;
4) This Release Agreement shall be effective and binding upon my heirs, next-of-kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
5) This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Republic of Georgia and no other jurisdiction; and
6) Any litigation involving the parties to this Release Agreement shall be brought solely in the courts in the Republic of Georgia.
Terms and Conditions Agreement
- I have read and agree to all the above terms and conditions.
- I will ensure that my emergency contact has a copy of my travel information and will be able to deal with my insurance company on my behalf.
- I hereby authorize Company personnel to secure emergency treatment for me if I am incapacitated and my emergency contact can’t be reached.
- I agree to provide Vagabond Adventures with an electronic copy of my passport identification page prior to travel.
Tbilisi, Georgia – Head Office
Vagabond Adventures
111 Uznadze St #11
0102 Tbilisi
Email: trips@admin
Phone: +995593539004