Terms and Conditions and Release of Liability 1. Reservations and Payments Submit Earth Bound Adventures, L.L.C.,
Trip Reservation Form online or print and mail/fax the form to our office. A
$200.00 per person per trip deposit (payable by credit card or check) is
required to make a reservation. You can make your deposit securely through our
website or by calling 1-800-454-7554. Your space is not confirmed until we
receive your Trip Reservation Form. Final balance is due 4 days prior to departure. The exact due
date will be indicated on the detailed itinerary for the trip. Full payment is
due at the time of booking for reservations made less than 7 days in advance. 2. Extra Services We will gladly arrange extra hotel
accommodations pre or post-tour, add-on services and/or extensions in
conjunction with any of our trips. Requests must be submitted in writing to
avoid confusion or miscommunication, and all requests must be made at least 14
days prior to departure. Your invoice will be adjusted once services are
confirmed. If you must cancel any part or all of your extra services once they
have been reserved, cancellation fees will be assessed according to our
Cancellation Policies. 3. Pre-Trip Planning Upon receipt of your completed Trip
Reservation Form and deposit, EARTH BOUND ADVENTURES, L.L.C. sends a booking
acknowledgment letter and receipt. Once a departure is guaranteed to operate,
each guest or family will be sent an invoice for the balance due along with a
comprehensive Pre-Departure Packet including: detailed packing list(s); medical
and personal information forms; suggested reading; background material on the
destination; a manual covering subjects such as travel documents, health matters
and inoculations, money exchange, security, training tips, weather
considerations, cross-cultural advice, and what to expect on the trip; and maps
or articles pertaining to the adventure. Participants are invited to contact us
anytime prior to departure for personal advice and assistance. EARTH BOUND
ADVENTURES, L.L.C. must have a signed and completed Trip Reservation Form on
file before a Pre-Departure Packet will be sent. 4. Final Trip Documents This packet is typically sent 2 weeks
before a trip departs and generally includes: a group roster; Itinerary/Voucher(s);
in-country contact numbers; and pre-departure updates or last minute reminders
that might be useful for the program. Final Trip Documents will be sent only to
participants from who EARTH BOUND ADVENTURES, L.L.C. has received all forms and
full payment. 5. Services Included The detailed itinerary for each
adventure specifies exactly what is and is not included in the land cost of your
program. Please download and print the appropriate detailed itinerary for
particulars on your trip. EARTH BOUND ADVENTURES, L.L.C. is not responsible for
any expense not listed as included, any that are indicated as "optional" or "on
your own," or those arising from the delay or extension of a tour due to
weather, political disputes, sickness, failure of public transportation, flight
changes or cancellations, missed connections, or any other cause beyond our
control. EARTH BOUND ADVENTURES, L.L.C. reserves the right to substitute hotels
of an equal category or similar price for those mentioned in the Trip Itinerary. 6. Trip Costs Land Costs shown on each Trip Detail
Page and on the downloadable detailed itinerary are valid for a full calendar
year (Jan 1st - Dec 31st) unless otherwise indicated, are quoted in US dollars,
and are subject to increase, even after a deposit is made. We may occasionally
be faced with significant cost increases due to currency fluctuations, increased
hotel rates, higher costs of services, holiday travel, and/or other factors over
which we have no control. Faced with this situation we will do everything
reasonable to avoid raising prices but give notice that it is sometimes
unavoidable. 7. Invoicing After receipt of the $200.00 deposit, all participants are
invoiced for the balance of payment for the trip. No one will be allowed on the
trip without payment in full. Refunds are issued in the same manner in which the
balance payment was made. 8. Single Supplement If you are traveling alone and do not
wish to share a tent, you will be required to pay a Single Supplement Fee of
$25.00. 9. Personal Equipment It is each guest's responsibility to be adequately outfitted
for the program they select. All group members receive a detailed list of
recommended clothing and personal gear for their particular trip in their
Pre-Departure Packet. Catalogs and/or discount coupons from preferred suppliers
may also be included and our staff is available for specific outfitting
questions. 10. Smoking Policy For the safety and comfort of all EARTH
BOUND ADVENTURES, L.L.C. guests, smoking is not permitted in buses or cars, in
cabins or in tents or at group meals. 11. Medical/Health Considerations You must be in good health to take part
in any of our trips. International Adventure Travel involves outdoor and/or
cultural experiences that may be physically and/or emotionally demanding.
Programs frequently take place in areas where medical facilities are nonexistent
and where emergency evacuation can be prolonged, difficult, expensive, or not
available at all. Every trip is rated according to the difficulty of the
activities, the number of nights spent camping if applicable, and the elevations
that will be reached. Furthermore, to ensure your safety and enjoyment of the
program, appropriate training suggestions are outlined in the Pre-Departure
Packet for each adventure. For all trips that include camping, a basic first-aid kit
will be carried by the local guide. However, EARTH BOUND ADVENTURES, L.L.C.
assumes no liability regarding the contents of this kit, or with the provision
of first-aid by our guides or staff, or with any medical care provided by local
physicians, hospitals or emergency care facilities. Trip members are required to
have a sufficient supply of personal medications and a suggested Personal
Medical Kit list is included in the Pre-Departure Manual. All guests are
encouraged to see a physician prior to their trip and seek advice regarding
recommended medications, inoculations and/or precautions to take prior to
departure. EARTH BOUND ADVENTURES, L.L.C. is not a medical facility nor our
personnel, medical professionals. Therefore we have no responsibility regarding
what medications or inoculations are necessary for your safe participation in
the trip you have chosen. Medical Questionnaire Each trip member must sign, complete and
return to our office at least 4 days prior to your departure a Medical
Questionnaire/Waiver outlining the conditions that could be encountered during
their journey. A doctor's signature is required for all group members who are
age 65 or older, for guests with a history of illness, recent injury or
hospitalization or an inherent medical condition, and/or for those on programs
rated Strenuous. Once you are confirmed on a trip, normal cancellation penalties
will apply if your doctor does not agree to sign the Medical
Questionnaire/Waiver. The form may be reviewed prior to placing a deposit on a
trip. 12. Canceled Trips EARTH BOUND ADVENTURES, L.L.C. reserves
the right to cancel any trip, at any time, for any reason. In the event that a
trip has fewer guests than our published minimum, group members who have already
made deposits will be given alternatives that may include: operating the trip
with fewer participants at a higher price; the chance to transfer to another
departure or different program without penalty; or the option to receive a full
refund of all monies paid to our office. The refund of payments received is the
extent of our liability in this case, and refunds will be made in the same form
as your payments. Trip cancellations on only group tours due to insufficient
sign-up normally occur 7 days prior to the scheduled departure and EARTH BOUND
ADVENTURES, L.L.C. will do everything possible to avoid canceling a tour. Should logistical problems, political circumstances, natural
disasters and/or other events and situations occur that may impede the normal
operation of a tour, EARTH BOUND ADVENTURES, L.L.C., at its discretion, may
offer an alternative adventure in a different region or country or cancel the
departure. In the case a tour is canceled for reasons stated above, EARTH BOUND
ADVENTURES, L.L.C. does not guarantee recovery of any or all of the advance
payments made to South America, and we highly recommend that all guests take out
travel insurance to provide reimbursement in such cases. 13. Cancellations/Refunds If you must cancel your participation on a trip, for any
reason, payments made to EARTH BOUND ADVENTURES, L.L.C. will be returned, less a
cancellation fee computed per person according to the schedule below based on
the date our office receives written notification of your cancellation (fax and
email are acceptable). Inca Trail Deposit Fee of $200.00 is
non-refundable once booking has been made. 90-61 days prior to departure $200.00 60-46 days prior to departure 50% 45-31 days prior to departure 70% 30-no shoe 100% In the event that your participation on a EARTH BOUND
ADVENTURES, L.L.C. program is canceled for any reason including personal choice
or insufficient participation, EARTH BOUND ADVENTURES, L.L.C. is not responsible
for any expenses you may have incurred in preparing for the trip such as
non-refundable airline tickets, visa or passport fees, insurance premiums,
equipment, clothing or gear costs, inoculations or doctor's fees, etc. nor is
EARTH BOUND ADVENTURES, L.L.C. responsible for the costs of additional
arrangements should you have embarked prior to the group's departure. 14. Transfers You may voluntarily transfer from one
EARTH BOUND ADVENTURES, L.L.C. trip to another (limit one transfer per guest),
as long as there is space available, without an additional fee (excluding the
Inca Trail Hike). 15. Substitutions On occasion a trip participant canceling
may have a friend or family member willing to take their place. Substitutions of
this nature are allowed. No substitutions are allowed for the Inca Trail Hikes
trip. 16. Travel Insurance We strongly recommend that all trip
participants take out Travel Insurance. 17. Limitations of Liability Earth Bound Adventures, L.L.C., Inc is a
DELAWARE corporation that acts only as an agent for participants to purchase
transportation, hotel accommodations, meals, tours, guides and other services in
connection with its itineraries from independent suppliers and contractors who
are not owned by or under the control of EARTH BOUND ADVENTURES, L.L.C..
Participants expressly agree that EARTH BOUND ADVENTURES, L.L.C. shall not be
liable for death, personal injury or any other loss that may occur (1) due to
any act or omission of any such supplier, (2) by reason of any other event over
which it has no control. Each passenger conveyance, tour company, hotel,
restaurant, etc. is subject to the laws of the country in which the service is
rendered. Additionally, EARTH BOUND ADVENTURES, L.L.C. shall not be
liable for: a) expenses such as hotel accommodations or additional meals not
specified in the itinerary which may be required due to the participants travel
arrangements, airline scheduling or schedule changes, canceled flights, missed
flight connections, or by other factors not under EARTH BOUND ADVENTURES,
L.L.C.'s control; or b) expenses incurred in recuperating luggage lost by the
airlines, belongings left behind on a trip, or in shipping purchases or other
goods home from abroad. EARTH BOUND ADVENTURES, L.L.C. reserves the right to
make reasonable changes to the itinerary or activities where deemed advisable
for the comfort and/or well being of the group.
18. ASSUMPTION OF RISKS and RELEASE OF LIABILITY
Each participant must sign this form over the age of 18 (Both parents or legal guardians must sign for children age 18 and younger). Please
print this form and mail or fax it to EARTHBOUND ADVENTURES, INC.
Assumption of Risks
I HEREBY ACKNOWLEDGE that I have voluntarily applied to participate on the tour as designated on EARTHBOUND ADVENTURES Trip Reservation Form, and that I have read the description of the trip as it appears on this website or in EBA printed materials. I am aware that travel to the foreign countries and/or remote areas visited by this trip involves numerous risks and dangers including, but not limited to: the forces of nature; roads, trails, hotels, vehicles, boats or other means of conveyance which are not operated nor maintained to standards common in the United States; civil unrest; terrorism; war; the hazards of traveling through mountainous terrain, at high altitudes, or to undeveloped areas; travel by canoe, boat, bicycle, train, plane, automobile, horseback, or by other means of conveyance, or by foot;
accident or illness without access to means of rapid evacuation or availability of medical supplies; the adequacy of medical attention if provided; physical exertion to which I am unaccustomed or for which I am not prepared; consumption of alcoholic beverages; or additional factors known or unknown.
Release of Liability
I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES WITH KNOWLEDGE OF THE DANGERS INVOLVED AND HEREBY AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE AND ASSUME ANY AND ALL RISKS OF DELAY, UNANTICIPATED EVENTS, ILLNESS, INJURY,
EMOTIONAL TRAUMA, OR DEATH. As lawful consideration for being permitted to participate on such trip(s), I HEREBY RELEASE AND DISCHARGE EARTHBOUND ADVENTURES, INC. AND ITS EMPLOYEES OR ASSOCIATES FROM ALL ACTIONS, CLAIMS, OR DEMANDS FOR DAMAGES RESULTING FROM MY PARTICIPATION IN THE TRIP (S).
I agree that the foregoing obligation shall be binding upon me personally, as well as upon all members of my family including any minors under the age of 21 accompanying me, my heirs, executors, administrators, assigns, and legal representatives; it being my intention to fully assume all the risk of travel and to release EBA from liability to the maximum extent of the law. I understand that all reservations are subject to acceptance by EBA and upon acceptance shall be deemed to have been entered into and to be performed inEVANSTON,
ILLINOISCOUNTYOFCOOK. In the unlikely event a legal dispute should arise involving any subject matter whatsoever, I agree that the following conditions will apply: a) the dispute shall be settled by binding arbitration through the American Arbitration Association at
CHICAGO, ILLINOIS; b) the dispute will be governed by ILLINOIS law; and c) the maximum amount of recovery to which I will be entitled under any and all circumstances will be the land cost of my trip with EBA. I agree to the use of photographic or film images taken of me and/or my family members on any EBA trip for use by EBA for promotional and/or commercial purposes. I further acknowledge that payment to EBA represents an acceptance of these conditions and those in EBA Terms & Conditions, in which I have noted EBA cancellation & refund policies, and agree to all stated conditions set forth there within. I am aware that this is a release of liability and a contract between
EARTHBOUND ADVENTURES, INC. and myself and sign it of my own free will. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. I have read carefully this agreement and fully understand its contents.