Terms and Conditions
ORBRIDGE® TERMS AND CONDITIONS AND BINDING ARBITRATION AGREEMENT
This Agreement is important. It includes contractual terms and conditions and releases Orbridge, LLC from liability. It must be signed by all participants.
Responsibility. Orbridge, its shareholders, directors, officers, employees and affiliates (collectively, “Orbridge”), does not own or operate any entity which is to or does provide goods or services for your trip including, for example, ownership or control over hotels or other lodging facilities, airline, vessel, bus, van or other transportation companies, local ground operators, providers or organizers of optional excursions or equipment used thereon, food service or entertainment providers, etc., even if they use the “Orbridge” name. All such persons and entities are independent contractors. As a result, Orbridge is not liable for any negligent or willful act or failure to act of any such person or entity, or of any other third party. Without limitation, Orbridge is not responsible for any injury, loss, or damage to person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God, acts of government, force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, or the threat thereof, overbooking or downgrading of accommodations, structural or other defective conditions in hotels or other lodging facilities, mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely, dangers associated with or bites from animals, pests or insects, marine life or vegetation of any sort, dangers incident to recreational activities such as scuba diving, snorkeling, paddle boarding, surfing, swimming, kayaking, sailing, canoeing, rafting, hiking, bicycling, rock climbing, etc., sanitation problems, food poisoning, lack of access to or quality of medical care, difficulty in evacuation in case of a medical or other emergency, illness, epidemics or the threat thereof or for any other cause beyond the direct control of Orbridge. In addition, I release Orbridge from its own negligence and assume all risk thereof.
Rates. Program rates are based on minimum participation levels, current fares (air, water, land), tariffs and currency values. While Orbridge does everything possible to maintain the listed program rates, they are subject to change effective immediately upon posting unless otherwise specified by Orbridge. In the case of invoicing errors, we reserve the right to re-invoice with the correct pricing.
Registration, Deposits and Final Payment. To confirm and secure your reservation, a deposit of $1,700 per person is due for the Astounding Antarctica program. A deposit of $850 per person and $500 per person per extension is required for all other programs. Reservation deposits, plus any non-refundable deposits are due at the time of registration and payable by check, ACH, money order, wire transfer of same day U.S. funds, or major credit card. Final payment including any extension(s) and optional(s) is payable by check, ACH, money order, wire transfer of same day U.S. funds and due no later than 120 days prior to Antarctica program departure dates. Final payments for all other programs are due 90 days prior to the scheduled program departure date. If your reservation is made between the final payment due date and the date the program starts, the entire cost of the program, plus any extension and optional(s), is due at the time of registration by check, money order, ACH or wire transfer of same day U.S. funds. Final payments made by credit card are subject to a 2% transaction fee. If final payment is not received by Orbridge by the final payment due date, Orbridge may, at any time and with or without notice, cancel your reservation in its sole discretion with no right of refund.
Reservation Grace Period. Reservations (other than for the Rwanda Extension on the Tanzania Safari Migration program) made not fewer than 128 calendar days prior to the scheduled program departure date for Astounding Antarctica, and not fewer than 98 calendar days prior to the scheduled program departure date for other Orbridge programs may be canceled at any time during the seven (7) calendar day period (the “Grace Period”) immediately following the date of reservation for a full refund of all Payments received by Orbridge as of the effective date of termination. Notice of termination must be in writing, must be received by Orbridge in the Grace Period and is effective only on timely receipt of such written notice by Orbridge. For all other reservations and cancellations, the terms of the Cancellations and Refunds section below apply.
Cancellations and Refunds. All cancellations must be submitted to Orbridge in writing and will be subject to a cancellation fee (“Cancellation Fee”) as follows: (a) if the cancellation notice is received by Orbridge 275 or more calendar days prior to the scheduled departure date, all deposits, other than for the Rwanda Extension on the Tanzania Safari Migration program, will be fully refunded; (b) if the cancellation notice is received by Orbridge between 274 and 151 days prior to the scheduled departure date, the Cancellation Fee will be $500 per person per program and $300 per person per program for any extension other than Rwanda; (c) if the cancellation notice is received by Orbridge between 150 days prior to the scheduled departure date and the day before the final payment due date, the Cancellation Fee will be the full deposit per person per program including any extension; (d) if the cancellation notice is received by Orbridge on the final payment due date or closer to the scheduled departure date, the Cancellation Fee will be the full program price. In addition to and not in lieu of the foregoing, a Cancellation Fee equal to 100% of the carrier charge applies to all non-refundable airfares due to your cancellation made at any time prior to the scheduled program departure date, as applicable. Refunds, if any, of any Payments in excess of the aggregate Cancellation Fee shall be processed within 30 calendar days of our receipt of your written notice.
Travel Insurance. Orbridge strongly recommends that you purchase travel and cancellation insurance to protect your investment in the event of unexpected or unforeseen circumstances. In addition, we recommend that you consider obtaining a policy(ies) that will cover some or all of your losses associated with damage or loss of luggage or personal effects. If you do not have, but are interested in purchasing, travel and cancellation insurance please contact us immediately. For the Astounding Antarctica program, purchasing emergency medical, evacuation and repatriation insurance is required.
Cancelled Programs. All programs are subject to cancellation by Orbridge prior to the scheduled departure date for such reasons as, but not limited to, insufficient participation, or logistical problems that, in Orbridge’s sole judgment, may impede program operations or represent conditions or events that may expose program guests and/or Orbridge to undue risk of harm, injury, damage or inconvenience. In the event of program cancellation by Orbridge, Orbridge may offer you alternative arrangements such as the option to join another tour on a different date or to a different location. If the price of your alternative booking is lower than your original booking price, Orbridge will refund the difference; or Orbridge shall refund all payments made to Orbridge at the time of cancellation should the alternative arrangement not be offered or selected.
Itineraries. Accommodations, the itinerary, and arranged excursions are subject to change or substitution at any time due to unforeseen circumstances or circumstances beyond Orbridge’s control. Reasonable efforts will be made to operate programs as planned, but adjustments, substitutions and changes may occur after the ﬁnal itinerary has been issued. Orbridge may, in its sole discretion, withdraw a program or any part of it, make such alterations or substitutions to the itinerary or program inclusions as it deems necessary or desirable, and pass on to program participants any expenditures, additional costs or losses caused by any such adjustments, or by delays or events beyond its reasonable control.
Not Included. Unless otherwise specifically noted in the itinerary, program prices do not include the following expenses, which if applicable are your sole responsibility to pay and satisfy: trip cancellation insurance and passenger travel protection plan; domestic, international, and internal airfares; transfers and luggage handling fees except in connection with scheduled group flights; costs associated with obtaining passports or entry visas; airport departure taxes; airline ticketing fees; airport transfers when arriving/departing on other than scheduled group dates; excess baggage charges; any new value added taxes or GST taxes added to program costs by applicable governmental authority; gratuities to drivers, guides, or ship’s crew not specified; meals and beverages other than those speciﬁed as being included in the itinerary; sightseeing not included in the itinerary; personal expenses such as laundry, communication charges and optional activities (which are subject to availability); and ship, air, or transportation fuel surcharges, if applicable.
Health and Fitness to Travel. Some programs include physically active elements. To enjoy these programs as intended, a minimum level of ﬁtness is required. Accordingly, you must be in good physical and mental condition to participate. You represent that you have no physical, mental or other condition, impairment or disability that may or will cause or create a risk of injury or other hazard to yourself or others in respect to any aspect of the program you have selected. Orbridge may, in its sole discretion, limit, restrict or prohibit from participation in any aspect of any program any individual that it considers in its sole discretion to be impaired or unsuitable due to ﬁtness level. In addition, Orbridge may, in its sole discretion and at the participant’s sole expense, remove from the program, or restrict the program-related activities of any individual whose physical or mental condition may or is likely to cause a hazard to himself/herself or others, or otherwise impair the enjoyment of other program participants. Any physical condition requiring special attention, diet, or treatment must be reported in writing to Orbridge at the time a program reservation is made. Should you have any questions or need any clarification about a specific program, please ask for details at the time of registration. Orbridge will try to accommodate your interests if possible.
Travel Advisories and Warnings. The State Department and the Centers for Disease Control periodically issue statements, advisories and warnings about risks to travelers. These statements are country specific and contain important information. The State Department information can be found at http://www.travel.state.gov, and the CDC statements can be found at http://www.cdc.gov. We urge everyone to review these sites.
Children. Orbridge welcomes the participation of children in most of its programs. However, in the event you do include your children or other minors for whom you serve as legal guardian (“Dependents”) in your travel plans, you hereby agree that you are and shall be at all times solely responsible for their care, actions, safety and protection during the program and any extension(s). Should you have any questions whether a particular program or inclusion is suitable for your Dependent(s), please contact us.
Baggage. Program rates include the price of two (2) pieces of policy-compliant baggage per person during the land or cruise portion of the program only unless specified in the itinerary. Air carriers, and motor coaches often impose significant other restrictions or limitations on the number of pieces, size and weight of luggage and may reject or impose additional fees on luggage exceeding such limitations or restrictions. All such fees are your sole cost and responsibility. In addition and regardless of location or transportation method, your baggage and personal effects are and shall at all times be at your sole risk throughout the entire program. Please check with your air carrier for other applicable baggage restrictions and limitations.
Travel Documents. For U.S. citizens, valid passports are required for travel to foreign destinations and some countries require specific visas prior to entry. Please direct any questions in respect to visa requirements to Orbridge, which shall use commercially reasonable efforts to provide answers as a courtesy, provided that it shall remain your sole responsibility and obligation to obtain and verify that you have all required travel documents, including visas, necessary and appropriate for the program location(s) and sufficient blank pages in your passport for visas and immigration stamps. In addition, some countries require your passport have an expiry date of not less than six month after your anticipated return to the United States. Orbridge disclaims all liability for any expenses or costs you may incur due to your prohibition or restriction from entering a country on the program itinerary or reentering the United States at the conclusion of the program.
Photos and Videos. Orbridge may take photographs and/or video of its trips and participant grants Orbridge permission to do so and for it to use such for promotional or commercial use without payment of any compensation to participant. In addition, Orbridge may use, without compensation, any photographs or video taken by tour participants and submitted to Orbridge or to Smugmug without payment of any compensation. In submitting any such photographs or videos to Orbridge or Smugmug, participant warrants that he or she took the image and that the dissemination of same does not violate the copyright rights of any person.
Other. Dates, program details and costs, although given in good faith and based on tariffs, exchange rates and other information current at the time of printing, are subject to change at any time. While we do not anticipate material revisions of the itinerary or its included features, we do reserve the right to substitute accommodations or modes of transportation and to make any changes in the itinerary Orbridge, in its sole discretion, deems necessary and in that case any additional expense or cost will be paid by the individual guest. Your baggage and personal effects are your sole responsibility at all times.
Orbridge may at any time and without notice modify these terms and conditions, and any modification so made will be effective for all reservations made from and after the posted Effective Date.
In the event any term in these terms and conditions is deemed unenforceable the unenforceable clause shall be interpreted to give effect to the parties’ intentions to the greatest enforceable extent, and all other provisions hereof shall remain fully enforceable according to their terms.
Binding Arbitration. I agree that any dispute concerning, relating, or referring to this contract, the brochure, or any other literature concerning my trip, or the trip itself shall be resolved exclusively by binding arbitration in Seattle, Washington, according to the then existing commercial rules of the American Arbitration Association. Such proceedings will be governed by substantive (but not procedural) Washington law. 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.
Acceptance of Contract. ANY PAYMENT TO ORBRIDGE, INCLUDING BUT NOT LIMITED TO DEPOSITS, CONSTITUTES YOUR ACKNOWLEDGEMENT OF AND AGREEMENT TO THE TERMS AND CONDITIONS SET FORTH ABOVE AND IN MORE SPECIFIC TOUR DOCUMENTS.
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WAST# 602828994; CAST# 2098750-40
Please sign, date and print guest name(s).
Guest #1 Signature Date
Guest #2 Signature Date
For a Minor
I, as an authorized parent or guardian of the below named minor, hereby give my permission for my child or ward to participate in the trip and further agree, individually and on behalf of my child or ward, to the terms of the above. In the event the minor is not accompanied by all legal guardians on this trip, I agree to carry with me a notarized document from each legal guardian, not on the trip, granting his or her approval for the minor to travel on this trip and to present said document(s) to any authority requesting such. In the event I am the sole guardian of the minor, I agree to carry documentation evidencing such and present to any authority when requested.
Name of Minor
Signature of Parent or Guardian Date