Table of Contents
This is a legally binding contract and should be read entirely and carefully. By booking a tour or related service (“Tour”) with J1 Explorers (“J1E”, “tour operator”, “we”, “us”, “our”), you (“participant”, “guest”, “your”) are agreeing to these Terms and Conditions including: Acknowledgement of Risk, Release of J1E’s Liability, Privacy Policy, and Binding Arbitration Agreement (collectively “Terms” or ”Agreement”). Terms are subject to change and you are bound by the Terms effective at the time you sign them.
The sections, section headings, indentations, suggested section references, font styles/sizes, text highlights and all other formatting of this document are for convenience of reference only and shall in no way define, modify, limit, extend, explain or describe the scope or extent of any of the provisions. Individual sections may not encompass all of the relevant information and, therefore, the Terms should be read, understood, and agreed to in their entirety.
Definitions
Timestamp – The time shown as the sent date and time for emails or communication using the Preferred Contact Method (PCM) that you specify.
Location Coordinator – A guide or guides available at the Tour locations as a point(s) of contact.
Tour Start – Tours begin at the hotel or hostel check-in on the first day of the Tour itinerary.
Guest Requirements Overview
Physical and Mental Ability
You are responsible for assessing whether a Tour is suitable for you. You should consult your physician to confirm your fitness for travel and participation in any planned activity and for recommendations regarding vaccinations. You certify that you do not have any mental, physical, or other condition that could create a hazard for yourself or others at the time of agreeing to these Terms, and if any should arise after agreeing, you shall inform us promptly. It is your responsibility to assess the risks and requirements of each aspect of the Tour based on your own unique circumstances, limitations, fitness level and medical requirements. (see Health & Medical)
Documentation
You must have all of the required travel documents accessible to you throughout the Tour. This includes, but is not limited to: insurance documents and all travel documents required by the relevant governmental authorities including a valid passport, visas, permits, certificates (including, but not limited to, vaccination and medical certificates).(see Documents)
Finances
You should budget enough money to cover Price Changes after Booking and emergencies that might arise including initial payments for services that are reimbursable by your insurance policy (see Travel Insurance). You will be required to use a credit or debit card to cover any incidentals or damage at each hotel stayed at (one per room to cover all roommates). If you use a debit card the hold could restrict your available funds for several days after checkout until the hold expires.
Knowledge of and Acceptance of Risk
You are solely responsible for gathering the required information to make an informed decision regarding the inherent risks of traveling to the Tour locations. You acknowledge your full responsibility for assuming such risks. (see Assumption of Risk)
Booking
Booking Process
A “reservation” means that a space has been set aside, but is not a confirmed spot on the Tour. A reservation is the first step toward booking a Tour, but is not a “booking.” A “booking” refers to a paid for and, thereby, confirmed guest for a Tour. Every person is considered a “Potential Guest” for a Tour until there has been a Booking Payment to confirm their spot.
We strongly recommend that you make no financial commitment in relation to a Tour that is non-refundable, non-changeable, or incurs penalties; until such time as there has been a Booking Payment made. If you make such arrangements which you are then unable to use, we shall not be liable to you for the cost of those arrangements.
Required Booking Components
“Required Booking Components” are the requests and disclosures required to book a tour.
Set up an Account and Preferred Contact Method (PCM)
You must set up an account and specify your “Preferred Contact Method” (“PCM”) on our website to initiate and complete a booking. The PCM is used to help us verify your identity and is, therefore, required for communications with J1E regarding Tour modification requests, payment questions, and other important communication including all correspondence that require signatures. Be advised that even if other contact methods are on file for you, if you speak to us directly, or if we send you a reminder by another means as a courtesy, all documents must be signed using your PCM.
Specify How Many Roommates and Provide Guest Details
The number of roommates you specify determines your tour price (see Tour Price). So, you must specify your roommates at the time of booking by providing at least their name(s) and email address(es).
Before a booking is complete full guest Information is required for each guest, as required by law and/or reasonably required to enable us and Third-Party Suppliers to provide the components of the Tour; including: a) guest details as per their identification to be used, including: full name, type of identification to be used to board a plane, identification number, the issuing country and region of the identification, date of birth, and gender b) a phone number and/or email address for all guests so that we may reach you and your travel companions in case of itinerary changes or emergencies. c) the name and contact information of a designated emergency contact person (who is not on the Tour) for each guest. You can review our Privacy Policy to see how your personal information is handled. You are solely responsible for any additional expenses incurred as a result of errors, omissions, inaccuracies, late, misplaced or otherwise incomplete information you have provided.
Roommate requests can be modified any time including once the Tour has started, so long as all parties involved (including J1E) agree to any requested change via their PCM and any associated expenses or fees are paid. (see Accommodations and Change Fees)
Agree to Terms
You must sign to acknowledge that you agree to these Terms in their entirety. All Potential Guests must agree to the Terms independently using their own PCMs before a Booking Payment is made.
Additional Day(s) Request (optional)
Additional days are optional and can be added before or after the Tour dates. (see Add-Ons). It is recommended that you submit the request as soon as possible, but it can be submitted up until the potentially added day (subject to availability and potential price change). The price of Additional days is based on the number of people in a room and your requested roommates must be specified at the time of booking (see Add-ons).
Make Booking Payment
For payment amounts, due dates, and methods see Payments.
Booking Window
The Booking Window is the total time allotted for the booking process, and consists of 2 steps:
Reservation Request (Step 1)
A “Reservation Request” is a request to be a guest on a Tour. For purposes of ensuring your entire group can be accommodated on a Tour and to determine the per person price for the Tour (Tour Price), you should reserve a spot for anyone that wishes to travel on the same Tour and be roommates. However, you can only personally “book” (by paying for your spot) the Tour for yourself. (see Booking on Behalf of Others)
By reserving a spot on a Tour, you warrant that you: 1) Are at least 18 years of age and have the legal authority to create a binding legal obligation, and 2) All information provided by you is true, accurate, current, and complete to the best of your knowledge.
To make a Reservation Request you must:
- Have a ePortal account.
- The names, birth dates and emails to all those in your booking party.
- Agree to our Privacy Policy.
- Set a PCM.
- Provide the names of all those seeking to be included in the request.
If you made a Reservation Request for anyone other than yourself, all must complete all of the Required Booking Components independently using their own ePortal account in order to book the Tour.
All reservation requests including all requested roommates must be made before making a payment. We will treat the reservation as one group.
Review Period (Step 2)
Once the reservation has been made, we will send a Booking Invoice to your PCM with a summary of the information you have provided. You will then have up to 24 hours from the Timestamp the Booking Invoice is sent to make any modifications (the “Review Period”) and then:
- Choose not to make a Booking Payment and, thereby, end your reservation and the booking process.
OR
- Confirm the information you have submitted is correct and make the booking by paying the Booking Payment.
If you foresee that you might require more time than allotted in the Final Review Period to complete the components, you must inform J1 Explorers immediately. If there is any missing or incomplete Required Booking Component(s) once the Review Period has lapsed, J1E may, in its sole discretion, either offer an extension of the Final Review Period to allow you to complete the components and make your Booking Payment; or cancel your reservation for the Tour. This decision will be sent to your PCM. If your reservation is canceled you will need to resubmit the reservation request if you would like to book the Tour, subject to availability.
Once a Booking Payment has been made, a Final Summary of the information you have provided will be sent to your PCM. Any errors in the information discovered after the Booking Payment has been made will be subject to Change Fees and corrections might not be possible and, therefore, require your cancellation. (see Cancellation Fee Policy)
If you are booking as a part of a group reservation with Potential Guests booking independently, it is completely up to you to communicate with those listed in the group Reservation Request to coordinate the completion of the Required Booking Components including payments. J1E takes no responsibility for ensuring the others in your reservation will complete the Required Booking Components.
Reserving on Behalf of Others
You can reserve a spot on a Tour for anyone, however, all individuals must complete all the Required Booking Components using their own ePortal account to convert the “reserved” spot to a “booked” spot on a Tour.
Price Components
Tour Price
The Tour Price is per guest, and does not include Add-ons, unless otherwise noted. To determine what is included in a Tour Price reference the Included/Not Included list in the “Tour Notes” on the ePortal. The lists shown on the website or in promotional materials are representative and could be outdated, incomplete or inaccurate. Things that are not included in any J1E Tour Price include, but are not limited to: flights to or from the Tour start point or end point; Add-ons; baggage fees; Travel Insurance; anything of a personal nature (including, but not limited to, room service and laundry); and anything else not specifically mentioned as “included” in the Tour itinerary.
Price Changes after Booking
Once you have paid the Tour Price for a Tour, your price will not change unless:
- There was an error or omission resulting in an incorrect payment which will require: a) a correction payment by you to J1E, if the corrected amount is more than what was paid, or b) a refund by J1E to you, if you paid more than the corrected amount.
- There is an unforeseen expense that arises. You must have adequate and accessible financial resources to cover unforeseen expenses during all travel with J1E. J1E is not liable for such expenses. If J1E provides such financial resources on your behalf as a courtesy, you will be required to reimburse J1E of all such funds within 24 hours. If reimbursement is not received within 24 hours, J1E reserves the right to terminate your participation on the Tour with no refund or travel credit owed to you. Travel Insurance can cover you in many unplanned situations and you should research policy coverages to ensure that you are covered to the extent that you feel appropriate.
Examples of unforeseen expenses that could potentially arise:
- You are delayed and miss the start of the Tour and need to catch up with the Tour using alternate means.
- A Significant Event (see “Significant Event”) occurs mid-Tour resulting in the cancellation of the remaining itinerary and you, therefore, need to book a last-minute flight home at your own expense.
Payments
All prices mentioned in these Terms are in U.S. dollars. Payments must be made in U.S. currency or a conversion fee may apply. We accept payment by credit cards.
Chargebacks are not an appropriate way to avoid our Cancellation Fee Policy. We will vigorously dispute any chargeback request, provide this Agreement as proof that you agreed to our Cancellation Fee Policy, and reserve the right to report fraudulent chargebacks to authorities. Should we win any chargeback that you initiate, you agree to reimburse us for our attorney’s fees, time, costs and expenses in rebutting the chargeback and pay any damages we suffer as a result of your chargeback dispute.
Payment Types
Booking Payment
A “Booking Payment” is your payment to J1E to book a tour and signifies that a contract exists between the guest and J1E. A Booking Payment can be made by the Potential Guest or on their behalf. All Required Booking Components must be completed before making the Booking Payment. Any cancellation by you after making the payment is subject to the Cancellation Fee Policy. A Booking Payment for all those in a reservation is due within 48 hours (as per the Timestamp of the Reservation Confirmation Email) of making the Booking Reservation
Add-on Payment: is a payment made for an optional Add-on that has not been included in another payment.
Correction Payment: occurs if there has been an error in billing (see Errors and Omissions), a Surcharge is assessed, or for a Change Fee.
Refunds
If J1E owes you a refund it will be returned to you using the same method by which it was paid. Refunds will usually be issued within 1 week of the Timestamp of the Refund Notification sent to your PCM, but could take as long as 3 weeks.
Cancellations
Cancellation Types
Cancellation by You
You may cancel your booking at any time. However, after a payment has been made, a participant’s cancellation for any reason, including, but not limited to, illness, injury, family engagements, work-related issues, or geopolitical concerns, will be subject to the Cancellation Fee Policy. Please understand that there will be no exceptions to our Cancellation Fee Policy. An insurance policy from a reputable provider should protect you from many and perhaps all losses in such situations. (see Travel Insurance)
If you make a booking for two or more travelers, it is possible for one or more travelers on that booking to cancel while allowing the remaining traveler(s) to continue. Cancellation fees will only be assessed on the canceling traveler(s). If such a change changes the specified amount of people sharing a room (roommates), the remaining traveler(s) in the booking Reservation are responsible for any price increases, which will be billed to whomever originally paid for the booking. Keep in mind that there may be a price increase above and beyond the difference in the originally stated price difference based on the amount of roommates selected. The amount billed for such a change is due at the time J1E approves your request.
- Cancellation by You Before Tour
For cancellations after you have made a Booking Payment, you must submit a cancellation request using your PCM only, and any refund due will be based on the date the request is received. If you have any issues with your PCM you need to let us know right away. We will send a Cancellation Confirmation message to your PCM confirming the date we received your request as well as refund details if one is due. (see Cancellation Fee Policy)
It is possible, albeit unlikely, that a booking could be canceled in circumstances that J1E, in its sole discretion, determines warrants doing so; such as, but not limited to, situations in which guests are threatening, abusive, or disruptive on the phone, in person, or in writing. Any such cancellation will be deemed a cancellation by the guest and any refund will be based on the Cancellation Fee Policy.
- Cancellation by You During Tour
If you are prevented from joining the Tour for any reason, including, but not limited to, flight delays that are beyond your control, or if you leave a Tour on your own volition, it will be deemed a cancellation by you and there will be no refund or travel credit owed to you.
- Cancellation by Us
J1E reserves the right to cancel any Tour due to inability to operate the Tour, not having enough guests to make it financially reasonable to operate the Tour, or concerns about the safety, enjoyment, comfort, health or welfare of participants. J1E is not liable for any incidental expenses or consequential losses that you incur as a result of the canceled booking whether the cancellation occurs before the Tour Start or after the Tour has begun; including, but not limited to, your expenses for: visas, vaccinations, transportation expenses, car parking, loss of earnings, or loss of enjoyment.
Significant Event
“Significant Event” is hereby defined to include:
- Foreseeable or unforeseeable events beyond our reasonable control.
- Operational issues including, but not limited to, mechanical breakdowns, computer issues and transportation cancellations.
- A force majeure event defined as to, include, but not be limited to, forces of nature (including, but not limited to, extreme weather, major flooding, large earthqukes, tsunamis, eruptions, and high/low water), war or war-like operations, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, riot, insurrection, government restraint, fire, quarantines or other public health emergency declared by local, provincial, state, regional federal or government or other ruling authority at any level, to be an epidemic, pandemic, public health emergency or similar.
- Any other cause whatsoever beyond the reasonable control of J1E or a Third-Party Supplier, which would make it dangerous or not viable for a Tour to commence or continue.
J1E will not be liable in any way for bodily injury (including, but not limited to, emotional distress or injury), death, delay, illness, damage, other loss or detriment to person or property, financial costs both direct and indirect incurred, incidental expenses or consequential losses for J1E’s failure to commence, perform or complete any duty owed to you if caused by a Significant Event. A good Travel Insurance policy from a reputable provider should cover a significant part of or possibly all of your losses if canceled for such a reason.
- Cancellation by Us Before Tour
If a Tour is canceled by us before the Tour Start for any reason other than a Significant Event or your breaking these Terms, participants will be offered a full refund of monies paid.
If the Tour is canceled due to Significant Event, any refund will be based on the Cancellation Fee Policy.
- Cancellation by Us During Tour
If the remaining portion of a Tour is canceled by us during the Tour due to a Significant Event, there will be no refund or travel credit given. All travel arrangements and expenses from the time of cancellation will be your responsibility.
Cancellation Fee Policy
Since we incur expenses in canceling your travel arrangements, you will have to pay cancellation charges (fees). The fees are assessed based on the time between cancellation and the start date of the Tour. Fees will be assessed based on the Timestamp of the request received. Fees will be subtracted from the amount you have paid; the difference, if any, will be returned to you as a Refund. Any requests to cancel must be made using your PCM. There will be no exceptions to the requirements for how to submit a cancellation request and the requirements remain unchanged even if you have communicated with J1E or a representative by other means including, but not limited to, in person, by phone or chat. The PCM helps us to verify your identity, so if you have an issue with your PCM on file you must resolve the issue before submitting your notice.
Fees for Cancellations of Tour booking or Add-on:
For any cancellation caused by your breaching these Terms, the Tour Price or Add-on Price is forfeited by you. If you cancel without breaching the Terms, or if we cancel a Tour or Add-on due to a Significant Event:
- 31 to 60 days before the Tour Start, 25% of the Tour Price will be refunded to you.
- 30 days or less before the Tour Start or once a Tour has begun, no refund will be owed to you.
If we cancel your Tour or Add-On due to a non-Significant Event, the full amount paid for the Add-On will be refunded to you.
Modifications
- Modifications by You
If you need to modify any information you have provided after the Booking Window, it will often require a significant amount of administrative time; therefore, all changes will be subject to Change Fees once requested regardless of whether the changes are actually able to be implemented or your decision about whether or not to accept the changes. In addition to any Change Fees, you will need to pay any charges assessed by Third-Party Suppliers. These fees and charges are likely to increase closer to when the component being modified is due to commence. Therefore, it is best to contact us as soon as possible to request the modification. We will try to accommodate changes required to the booking information you provided at any point before or during a Tour. However, not all modification requests can be accommodated, and in some situations will require a complete cancellation which is subject to the Cancellation Fee Policy and a rebooking, if rebooking is possible.
Punctuality
If you are late to some pre-arranged meeting points, such as before ticketed departures, the group may need to continue on as scheduled without you. In which case, you will need to navigate to the next location on the itinerary on your own. We are not responsible for and will not refund nor cover any cost or expense incurred for any losses, including, but not limited to, missed sightseeing, meals, inclusions, optional excursions, alternate transportation or alternate lodging, if you fail to meet the J1E or Third-Party representatives at assigned times and places while on the Tour.
Change Fees
An administrative change fee of $50 per change per Guest plus any Third-Party Supplier fees and price increases will be charged for all changes requested by you. In some cases, Third-Party Supplier fees may be 100% or more of the price of the original price(s) for services provided. A name change is often considered a cancellation and rebooking especially for transportation providers such as trains and airlines.
Transferring a Booking to Another Person
A transfer of a guest booking to a different person is only permitted when operationally possible. The potential new guest must satisfy all the booking conditions. There are costs associated with making such transfers and administrative Change Fees will apply. We will contact the Third-Party Suppliers and send you a Modification Invoice for the cost of the requested transfer. You will have as many days as stipulated in the Modification Invoice to decide if you want to make the transfer and pay the amount invoiced. Due to the significant amount of administrative work required to research and prepare the Modification Invoice, once a transfer is requested, the administrative Change Fee will be applied and payable regardless of your decision to accept or decline the Modification Invoice price and make the transfer. The applicable Third-Party Supplier change fees will only be charged to you if you actually make the requested change. The guest that originally made the booking will be responsible for paying the Change Fee(s) and Modification Invoice before the changes are applied to the booking.
- Modifications by Us
The Tour descriptions that are on our website, in brochures, and in any other materials are representative of the Tour itinerary and the actual Tour may have variations. Every effort will be made to carry out the Tour as per the itinerary, but alterations may still occur after you have booked. We reserve the right, in our sole discretion, to modify itineraries and to substitute components of the Tour before or after the tour has begun. Modified components could include, but are not limited to, hotels, staff, itinerary stops, schedules, routes, mode of transport, or activities in the itinerary. Published times on itineraries are as accurate as possible but subject to change due to traffic, weather, illness, flight cancellations, mechanical breakdown, and any other conditions beyond our control that prevent us from operating as scheduled. We expressly disclaim any liability for any damages that may be incurred for any itinerary changes, cancellations, or delays to a Tour. Please refer to the “Tour Notes” section of your Tour on the ePortal before the Tour Start for the most recent updates to your itinerary.
Significant Change
In rare cases, due to a Significant Event, and for the safety, comfort, or wellbeing of our guests, it may become necessary to make a major modification (“Significant Change”) to an itinerary, including omitting a certain destination(s) or segment(s) of a Tour. It is strongly recommended that you have Travel Insurance to cover your losses in such an event. To be considered a Significant Change, such a change must affect at least one in three full days of the itinerary
For example: A 9 day Tour would require the significant modification to 3 full days to be considered a Significant Change.
- Significant Change Before Tour
If a Significant Change is made before the Tour Start, J1E will send a Change Notice to you as soon as reasonably possible, provided that there is sufficient time to do so before the Tour Start. You may choose to: a) accept the Significant Change and proceed with the amended product or service, or b) cancel the amended product or service and any refund will be based on the Cancellation Fee Policy. You must notify us of your choice within 1 day (24 hours) of the Timestamp of the Change Notice sent to your PCM, or you will be deemed to accept the amended itinerary.
We will make every effort to obtain refunds from Third-Party Suppliers for the unused services, which we will refund to you. However, it may not be possible to obtain refunds from all of our suppliers (especially for ticketed transportation), and we cannot guarantee a refund of your entire Tour price. (see Refund policy).
- Significant Change During Tour
When a Significant Change occurs after a Tour has started, we will make suitable alternative arrangements if reasonably possible. If it is not possible to provide a suitable alternative(s) or if you reject any suitable alternative(s), there will be no refund or travel credit owed to you. In which case, the contractual obligations will end and you will need to make and pay for all your travel arrangements from that point forward. (see Unforeseen Expenses)
Health & Medical
Tour Suitability
We can provide details on the physical requirements; however, we are not medical experts and do not provide medical advice. You should consult your physician to confirm your fitness for travel and participation in any planned activities and for recommendations regarding vaccinations. It is your responsibility to assess the risks and requirements of each aspect of the Tour based on your own unique circumstances, limitations, fitness level and medical requirements.
General Health Requirements
By agreeing to these Terms, you certify that you do not have any mental, physical, or other condition that could create a hazard for yourself, other participants, our or Third-Party representatives. It is your responsibility to ensure that you obtain proper and detailed medical advice for the latest health requirements and recommendations for your destination. We reserve the right to deny you permission to participate in any aspect of a Tour or remove you from a Tour entirely at any time, if we, in our sole discretion, determine that your physical or mental condition renders you unfit for travel or you present a danger to yourself or others. (see Authority and Conduct on Tours)
Pregnancy is considered a medical condition and must be disclosed to J1E during the Booking Window in the “Self-Assessment Form” or as soon as reasonably possible if discovered after booking because Third-Party Suppliers may refuse to allow women who are a certain amount of weeks pregnant on a Tour.
Special Assistance
We will make reasonable efforts to accommodate participants with disabilities on Tours, but not all Tours may be suitable for all participants.J1E cannot provide special assistance for walking, wheelchairs, motorized scooters, dining, dressing, lifting or other personal needs. Third-Party Supplier staff and representatives may not physically lift or assist a guest into or out of transportation. A willing, qualified, and physically-able companion must accompany travelers who need such assistance.
If we are unable to reasonably accommodate the potential participant’s needs or determine in our sole discretion, that the potential participant’s or Third-Party staff’s health and/or safety could be compromised, we reserve the right to refuse the potential participant a place on a Tour. We also reserve the right to cancel a guest’s participation in a particular portion(s) of a Tour or from continuing on a Tour that has already commenced if we determine, in our sole discretion, that their participation creates a danger to themselves or others or significantly impacts the mobility or schedule of the Tour. In such a situation, any refund will be determined on a case-to-case basis in our sole discretion.
Medical Treatment While on Tour
J1E makes no representations and gives no warranties in relation to the availability or standard of medical facilities on Tours.
Medical Authorization
Should any medical emergency arise which precludes your ability to consent to emergency treatment when such authorization is required, we or Third-Party Supplier representatives will endeavor to communicate with your travel companions or designated emergency contact to request permission for any treatment. If the we or Third-Party Supplier representatives believe, in our/their sole discretion, that time or circumstances do not permit such communication, you authorize us/them to consent on your behalf to any medical treatment, including, but not limited to, all types of medical examinations, diagnoses, medication, treatment, surgery, or physician or hospital care, that is deemed advisable by, and is to be rendered under, the supervision of any physician, surgeon, or emergency medical personnel. You agree not to hold us or Third-Party Supplier representatives responsible for actions relating to any such medical or emergency treatment.
Necessities
Documents
It is solely your responsibility to determine the required Travel Documents for a Tour; to obtain all such Travel Documents; and to have all such Travel Documents in your possession when required. You are solely responsible for all your personal expenses and losses as well as any losses or expenses incurred by J1E as a result of your missing, absent or defective documentation. Country-specific rules are subject to change and rules that may be in place when you initially book may be modified or new requirements could be added before the Tour Start. You are solely responsible for keeping compliant with all Travel Documents’ requirements.
Travel Insurance
Insurance coverage is recommended for all guests on all Tours offered by J1E and is not included in the Tour price. Participants on work-visas often have travel insurance as part of their visa requirements. Recommended minimum per guest recommended coverages as follows:
- Medical Evacuation and Repatriation $500,000.
- Emergency Medical $250,000 (Primary is recommended over secondary)
- We strongly recommend you extend your coverage to include: non-medical evacuation, general cancellation, interruption, curtailment, and all other expenses that may arise as a result of loss, damage, injury, delay or inconvenience while traveling.
You are responsible for advising your insurer of the type of travel, destinations, and activities included in the Tour itinerary, so that the insurer may provide appropriate coverage. We strongly recommend that you ask questions and understand how a particular policy will cover you in the event that a Tour is canceled due to a Significant Event including Force Majeure as it relates to these Terms and the Tour you have selected. It is your responsibility to ensure that you comply with the terms of the applicable insurance plans and that coverages are for all applicable dates of the Tour and any Add-ons. We recommend you purchase insurance within the first 24 hours of making the Booking Payment as this is when a contract begins between you and J1E and insurers often have strict limitations regarding coverages based on when travel arrangements are initially secured.
For expenses not covered by your insurance, you agree to pay all expenses of rescue and/or medical services and any other expenses as may be incurred at the time the expenses are incurred. You should be aware that many insurance policies will only reimburse you for covered expenses, but will require you to make the initial payments for services rendered. Some such services can be very expensive and you will be solely responsible for making those payments to secure services. J1E and its Third-Party Suppliers are not obligated in a way to make payments to secure services on your behalf. Some insurance providers offer policies that will pay for such services directly with the facilities in situ, and if you deem that to be important, you should secure such a policy.
Tour Components
Accomodations
Advertised Tour Prices are based on four people per room. We will send you a list of all accommodations in your Tour, including hotel addresses and telephone numbers upon your request to your PCM. We reserve the right to change the hotels after sending you the list. In that event, we will make every effort to ensure that substitutes meet or exceed the quality and location of the original.
In rare circumstances, it might be necessary to use more than one hotel in order to accomodate a Tour group on any given night.
Room locations and configurations including the size or amount of beds in a room can be requested but not guaranteed. If more guests request a particular configuration than the availability allows for, preference will be given to those that made the request first as per the Timestamp of the request sent from the guest or the guest booking on their behalf’s PCM.
J1E does not do roommate matching, so you must select your own roommate(s). Specific requests for roommates should be submitted within the Booking Window, but can be submitted or modified later. For information regarding private rooms see Add-ons.
A personal credit card is required at all accommodations for incidentals and to cover any possible damages to your room while secured by you. If you are unable to provide and acceptable credit card, you might be unable to use the tour accommodations and no refund would be available in such a situation. One card can cover the entire room and it is your responsibility to determine amongst those in your booking party who will provide the card. If a debit card is used, the hold could make your available funds reduced and unavailable to you until the hold is released. In some cases that can take 5 business days.
Transportation
Group seating assignments on flights are assigned at the discretion of the airline and often unknown until check-in at the airport. Specific seat assignments cannot be guaranteed, including but not limited to, seating next to your travel companions, bulkhead, and exit row seats. J1E and Third-Party Suppliers reserve the right to change seat assignments at any time without notice, for any reason. J1E is not responsible for any loss incurred by travelers due to a canceled, delayed, or overbooked means of transportation – these types of losses can be covered with the right Travel Insurance.
Baggage and Personal Effects
Tour prices do not include luggage. Bag size specifications vary depending on the airline. The airlines utilized for included flights will be made available for you to view in the “Essential Information” section on the ePortal in the “Essential Information” section. It is your responsibility to understand any restrictions and comply with such restrictions. Any fees assessed for bags by the airlines are your sole responsibility for paying. Your baggage and personal effects are your sole responsibility at all times throughout the Tour. J1E is not responsible for any of your personal property while on the tour, whether lost, stolen, or damaged. Expenses associated with retrieving and/or fixing personal items is solely your responsibility.
Add-ons (Optional)
An “Add-on” is an optional product or service that J1E may offer and is not included in the Tour Price. An Add-on can be booked within the Booking Window, or after (subject to availability). Payment for an Add-on must be made to book it. An Add-on price is subject to change until you receive a Booking Invoice, and potentially, but rarely, after payment has been made. (see Price Changes after Booking)
Additional Day(s)
You can add a day or days before or after a Tour. Any day added will be for accommodations and there may or may not be a J1E coordinator present for the additional days. The price for an Additional Day are subject to change until paid for. It is recommended that you add the day(s) within the Booking Window. However, an additional day(s) can also be booked up until the day in which you would like to add, subject to availability and potential price change. If an additional day(s) is added to the beginning of the Tour, the hotel check-in becomes the Tour Start.
Optional Excursion
Any service, product, activity, meal, or anything else stated to be “optional” or not expressly stated as “included” in the Tour itinerary is considered an “Optional Excursion”. We cannot guarantee availability of an Optional Excursion, and for those paid for after making the Booking Payment, we cannot guarantee the price. If an Optional Excursion you paid us directly for is not available, we will refund the amount paid for that excursion. We make no warranties and expressly deny any claims or liability whatsoever for losses including, but not limited to: loss of enjoyment arising from participation in, or the lack of availability of an Optional Excursion; or for inaccuracies regarding information provided by us about an Optional Excursion.
Images, Pictures and Videos
You agree that, while participating in any Tour, images, photos or videos may be taken by other participants, the representatives of the Tour Operator or Third-Party Suppliers that may contain or feature you. You consent to any such images, photos and/or videos being taken and grant a perpetual, royalty-free, worldwide, irrevocable license to the Tour Operator, 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.
Maps shown on our website, in brochures, or any marketing materials may be out of date or inaccurate. Photos shown on our website, in brochures, or any marketing materials in relation to a Tour are meant to be representative of the areas potentially visited, but the places depicted may potentially not be included in a Tour’s itinerary.
Authority and Conduct on Tours
The decision of the J1E representatives is final on all matters likely to affect the safety, enjoyment, or well-being of any traveler or staff member on the Tour. By traveling on a J1E Tour, you accept that the J1E and guides have the authority to prevent you from participating in any part of a Tour should they have concerns about a) your ability to safely partake in an activity, or b) your physical ability to complete an activity in the required timeframe. In the event J1E deems such a decision is necessary, we will reasonably endeavor to make alternative arrangements, but we make no guarantee that such arrangements can or will be made, are in no way liable if an alternative is not provided, and no refunds will be given for missed activities. If additional costs are incurred for making such provisions you will be responsible for paying all such additional expenses. If any such expenses are paid on your behalf, you will need to reimburse J1E within 24 hours or your spot on the Tour could be subject to cancellation due to non-payment.
J1E or Third-Party Suppliers reserve the right to remove you from the Tour for reasons, including, but not limited to: if you are deemed unruly, or inconsistent with the interests, safety or enjoyment of the group; if you fail to comply with a decision made by J1E; if you behave in a way that is judged to cause or likely to cause danger, distress, material annoyance, or upset to others; if you interfere with the wellbeing or mobility of the group; if you cause, or are deemed to be likely to cause, damage to property or injury to yourself or someone else; if you commit a crime; if you are deemed to be fractious to the group; if you are intoxicated or under the influence of drugs resulting in a negative experience for the rest of the group; or if you are threatening or abusive. If asked to leave the Tour due to your behavior, you will not be entitled to a refund or travel credit. All expenses, including, but not limited to, securing alternate travel plans will be the sole responsibility of the guest that was removed. J1E will not assist in arranging such alternate plans.
As a result of your behavior on a Tour, we reserve the right to make a claim against you for any damages, costs and expenses (including legal expenses) incurred as a result, including, but not limited to: a) cleaning, repairing or replacing property lost, damaged or destroyed by you, b) compensating any passenger, crew, staff or agent affected by your actions, and c) diverting transportation for the purpose of removing you. Criminal proceedings may also be instigated.
Assumption of Risk
You acknowledge that travel may involve increased risk to your health and safety. There may be a significant degree of personal risk involved in hazards of travel by aircraft, bus, van, train, and motorized vehicles. You agree to take all prudent measures in relation to your own safety while on Tour including, but not limited to, the proper use of safety devices (including, but not limited to: seatbelts, harnesses, flotation devices and helmets) and obey all posted signs and oral or written warnings regarding health and safety. Neither the Tour Operator nor its Third-Party Suppliers are liable for loss or damages caused by your failure to comply with general safety practices, instructions, or warnings.
You are solely responsible for gathering the required information to make an informed decision regarding the inherent risks of traveling to the Tour locations including potentially being exposed to COVID-19. You acknowledge your full responsibility for assuming such risks. You agree that the Tour Operator is 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 a Tour is operated. We urge that you review warnings, announcements and advisories regarding Tour locations issued by your home country or any other source(s) you deem reputable prior to participating in a Tour.
We do not represent or warrant that travel to any location is advisable or without risk and we are not liable for damages or losses that may resultfromtravel to the locations which are part of thr Tour. 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.
Liability
Privacy Policy
J1E must collect your personal information to deliver the Tour and any products or services booked. J1E collects, uses and discloses only that information reasonably required to enable J1E and its Third-Party Suppliers to provide the particular Tour, including other products and/or services. Similarly, when you use our website, sign up for newsletters, or interact with us in other ways, we may collect additional information. The way in which any information gathered is explained in our “Privacy Policy,” which can be accessed any time at http://www._________________ and is expressly incorporated into these Terms. By submitting any personal information to J1E, you indicate your acceptance of J1E’s Privacy Policy.
Errors and Omissions
While every effort is made to ensure the accuracy of information in our brochures, on our website, our billing, and with communications with our staff, errors or omissions are possible and J1E is not responsible for any such errors. J1E reserves the right to correct any financial error(s) including, but not limited to: fees, prices, deposits, and travel credits. If a mistake is made in billing, J1E reserves the right to correct the invoice and you will be responsible for making the revised payment within 2 days (48 hours) from the Timestamp of the notification sent to your PCM or before the Tour Start, whichever comes first. If you are not notified of the error until after the Tour Start, the Correction Payment is due within 24 hours of notification sent to your PCM. If payment is not received within the specified period, J1E reserves the right to cancel your Booking and/or end your participation on the Tour in which case, any no refund or travel credit will be owed (see Cancellation Fee Policy).
Third-Party Suppliers
J1E is an intermediary that makes arrangements to provide Tours, products and services with accommodation providers, activity providers, airlines, cruise lines, rail companies, coach companies, transfer operators, excursion operators, tour and local guides, hotels and other accommodation providers, contractors, subcontractors, and local operators (all of which, whether individuals or employees of a company will be collectively termed “Third-Party Suppliers”) that provide all the components of a Tour.
Although J1E takes all reasonable care in selecting Third-Party Suppliers, J1 Explorers LLC does not maintain control of Third-Party Suppliers, or operate the personnel, equipment, or operations of these Third-Party Suppliers even when they use the “J1 Explorers” or “J1 Explorers LLC” name. Therefore, J1 Explorers LLC does not assume responsibility and cannot be held liable for any cancellation, delay, accident, irregularity, diversion or substitution of equipment; injury, death, or illness; loss or damage to baggage or other personal property; cost or expense arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, which may result from 1) any wrongful, negligent, willful, criminal or unauthorized acts, omissions, or errors on the part of any of the Third-Party Suppliers, individual or company not our direct employee. 2) any defect in or failure of any vehicle, equipment, or instrument owned, operated or otherwise used by any of these Third-Party Suppliers.
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, or in some cases excluded by, tariffs, conditions of carriage, tickets, vouchers, and international conventions and agreements that govern the provision of their services. Third-Party Suppliers operate under the applicable laws and J1E does not warrant that any Third-Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction including the one(s) in which they operate.
Remedies
J1E shall not be liable for any special, consequential, indirect, incidental, lost or anticipated loss of: revenue, profits, savings, use, enjoyment, contract, other opportunity, or other damages arising out of or in any way connected to this Agreement, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if J1E has been advised of the possibility of such damages. You expressly waive any right you may have to recover such damages. The sole remedy for any default by J1E arising under this Agreement shall be the return of the amount paid to us by you for a Tour, not including insurance premiums and administrative charges. Where claims relate to loss or damage to luggage and other personal possessions then the Tour Operator liability will not exceed $750US. The Tour Operator 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 multiple parties including the Tour Operator, Third-Party Suppliers and insurance providers.
Indemnity, Successors and Assigns
You and your: dependents, heirs, executors, estate trustees, administrators, legal personal representatives, successors and assigns, shall indemnify and hold harmless J1E, its affiliated entities and its and their employees, agents, shareholders, officers, successors and assigns (collectively “J1E”), from all suits, claims, demands, judgements, obligations, settlements, injunctions, proceedings, actions, penalties, charges, fines, interest, or liability for any losses, damages, costs and expenses of every kind and nature; including fees, expenses and disbursements to attorneys, experts, consultants, accountants and other professionals; imposed upon, asserted against or incurred by J1E in connection with, arising out of or relating to personal injury, death, property damage, accident, delay, inconvenience or irregularity, or other loss, however caused, including if by the negligent acts or omissions of J1E arising from or related to services provided by J1E. This release shall be enforceable even after the Tour has ended.
Dispute Resolution
In the event a dispute arises out of, in connection with, or relating to this Agreement and/or the transactions and relationships among the parties contemplated by this Agreement, you agree that the dispute shall be submitted to a neutral Third-Party mediator in Wyoming, with both parties dividing equally the costs of such mediator. The party desiring mediation must first send by mail or using the PCM to the other a written Notice of Dispute that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the Tour to which the Notice relates, and the relief requested. We are not liable for claims, actions, or losses unless full details in writing are given to J1E, within 185 days after the date of the event giving rise to such claim. Suit to recover on any such claim shall not be maintainable unless filed within one year after the date of the event giving rise to such claim and unless served on J1E within 120 days after filing. If a written claim is not made and suit is not filed within the timeframe set forth above, then you waive and release any right you may have to make any claim against us arising under, in connection with, or incident to the Tour. The dispute will be governed by substantive (but not procedural) Wyoming law. You expressly waive all other potentially applicable state or federal limitation periods.
If the dispute cannot be resolved through mediation, then the dispute shall be filed and resolved exclusively by binding arbitration through the American Arbitration Association in Wyoming or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). The arbitration will be conducted by a single arbitrator. If the parties cannot agree on who that single arbitrator should be, then the AAA shall appoint an arbitrator with significant experience resolving the type of Dispute at issue. The arbitrator is bound by the terms of this Agreement. A form for initiating formal arbitration may be found on the AAA’s website at www.adr.org (“Arbitration Form”). In addition to filing this Arbitration Form with AAA in accordance with its rules and procedures, you must send a copy of this completed Arbitration Form to J1E. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including, but not limited to, any claim that all or any part of this contract is void or voidable.
Each party agrees to maintain the confidential nature of any mediation and arbitration proceeding and shall not disclose the fact of the proceeding, any documents exchanged as part of the proceeding, the agreement, the arbitrator’s decision and the existence or amount of any agreement or award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.
Class action lawsuits, class-wide arbitrations, private attorney-general actions, or any collective or representative arbitrations are not allowed. Nor is combining individual proceedings without the consent of all parties. Any arbitration award shall be binding and judgment upon the arbitrator’s award may be entered or enforced in any court of competent jurisdiction.
Acknowledgment of Arbitration and Class and Collective Action Waiver
You understand that this Agreement contains an agreement to arbitrate. You understand that after signing this Agreement, you will not be able to bring a lawsuit concerning any dispute that may arise which is governed by the arbitration agreement, unless it involves a question of constitution or civil rights. Instead, you have agreed to submit all claims and disputes within the scope of this Agreement not settled in mediation to an impartial arbitrator in accordance with the arbitration procedures set forth in this Agreement. You further waive any right to pursue or participate in class or collective action pertaining to any arbitrable claims between you and J1E.
Severability
In the event that any provision contained in these Terms is determined to be unenforceable or void by operation of law or for any other reason, then such provision shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding. Such unenforceable or void provision shall be replaced with a provision that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the original provision.
Waiver
Any failure by either party at any time, or from time to time, to enforce or to require the strict keeping and performance of these Terms shall not constitute a waiver of these Terms and shall not affect or impair these Terms in any way or the right of such party at any time to avail itself of such remedies as it has for the breach or breaches of these Terms.
Entire Agreement
You affirm that you have not relied on any oral or written representation by J1E or Third-Party Suppliers other than what is set forth in these Terms as a basis for agreeing to them. This Agreement is the final, complete and exclusive statement of the parties’ agreement on the matters contained in this Agreement. It supersedes all previous negotiations and agreements.
You agree to bring any complaints to the Tour Operator as soon as possible in order to provide the Tour Operator with the opportunity to properly address such complaint. You agree to inform your tour leader, another representative of the Tour Operator or the Tour Operator’s customer service department directly. The Tour Operator assumes no liability for complaints that are not properly brought to the attention of the Tour Operator and cannot resolve or attempt to resolve complaints until proper notice is provided. Any complaint made after the completion of a Tour must be received in writing by the Tour Operator within 30 days of the last day of travel of the booking in question.
This is a legally binding contract and should be read entirely and carefully so as to avoid any misunderstandings about what you are agreeing to when pay for (“Book”) a tour or related service or product (“Tour”) with Go BIG Tours LLC. By signing this Agreement you are acknowledging that you have read, understand and agree to these Terms and Conditions including: the Acknowledgement of Risk, your Release of J1E’s Liability, our Privacy Policy, and the Binding Arbitration Agreement (collectively “Terms” or ”Agreement”). Terms are subject to change and you are bound by the Terms effective at the time you sign them during the Booking Window.