Wanderlust Explorations, LLC
Terms and Conditions
Agreement between User and Wanderlust Explorations, LLC, a Virginia limited liability company (the “Company”)
Welcome to (the “Site”), an E-Commerce Site. The Site is comprised of various web pages operated by Wanderlust Explorations LLC ("Wanderlust Explorations"). This Site is offered to you conditioned on your acceptance, without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
The Services are intended solely for persons who are aged 18 years or older. Any access to or use of the Services by anyone under 18 years is expressly prohibited. By accessing or using the Services you guarantee that you are 18 years or older.
1. Making a Booking:
1.1 To make a booking, you must complete our online booking form (the “Form”). The Form must be signed (or ticked in the appropriate place on online booking) by the first named person on the booking (the “Party Leader”). By initiating the booking, The Party Leader warrants that he/she is authorized to make the booking by all persons named on the Form and that all persons name are at least 18 years of age at the time the Form is completed. Furthermore, the party leader shall be responsible for making all payments due to the Company.
1.2 Once the Form is completed and submitted to the Company, the Company will communicate with you via the email account entered on the Form. Accordingly, you hereby agree to check the email account on a regular basis to facilitate communication. The Company is not responsible for any actions or inactions resulting from you not accessing communications or emails.
1.3 You hereby acknowledge the availability and price of a Tour can change any time prior to receiving a booking confirmation from the Company.
2.1 Total Cost. You agree to pay for all services or products purchased by the Company, including but not limited to the price of the tour, taxes, levies, or duties (the “Total Cost”) in accordance with the pricing terms set forth in the applicable booking page.
2.2 Deposit. Every trip offered by the Company and/or its vendors requires a deposit to be paid prior to confirming the trip. Because every trip is unique, each trip’s deposit amount may vary from other trips’ deposit requirements. The deposit amount will be listed on each trip’s page on the Site. Deposits are non- refundable and non-transferrable to another traveler or trip.
2.3 Interim payments. In addition to the deposit, trips will require additional interim payments, unique to each trip. Failure to pay according to the payment schedule of the trip selected may result in cancellation charges or the cancellation of the trip as describe in section 2.4.
2.4 Payment of Balance Outstanding. The balance outstanding to the Company after the deposit and interim payments will have a due date unique to the trip purchased and will be communicated to you via email once you register for a trip. Reminders are not necessarily sent. If payment in full is not received by the Company by the date the balance is due, the Company reserves the right to cancel the trip. In the event the Company cancels the trip due to lack of payment, any and all payments previously collected by the Company will be non-refundable and kept by the Company. In the event the amount previously paid to the Company is not more than 75% of the Total Cost owed the Company, the Company will charge you the difference in the non-refundable fees and 75% of the value of the trips Total Cost.
2.5 In the case of international payments you should ensure that the full invoice amount, is received by us after all bank charges have been levied.
3. Airline Tickets:
3.1 Group airline travel. If you are booking a trip for 10 or more travelers, the Company offers group booking for airline travel, the cost of which will be applied to the Total Cost of the trip. The group airline travel service requires a non-refundable $200.00 deposit to secure the airline contract within 60 days after your initial registration date.
3.2 Airline tickets are contracted between the Company and the airline carrier selected by the Company in its sole discretion. The Company will select the airline based on the unique needs of the trip. The factors considered while selecting an airline will include, but not limited to the airline’s reviews, travel availability and schedule to the desired location, and cost. The Company will communicate with you which airline carrier has been chosen at least 9 months prior to the departure date. The tickets will be issued approximately 30 days prior to the departure date.
3.3 Airline miles. The Company does not warrant that it will select an airline wherein individual travelers will receive airline miles credit. Individual travelers are responsible to arrange for the accumulation of travel miles pursuant to their individual miles program. The Company is not responsible for travelers’ ability to receive miles, nor guarantee its participation in any air travel miles programs.
3.4 Additional information required for group travel. To secure the contract with the chosen Airline, the Company may need additional information from you to secure travel. You agree to provide the Company with any additional information requested in a timely manner. You further warrant that the information given to the Company is accurate. The Company is not responsible for any errors committed in the contracting process due to inaccurate information provided by the travelers.
3.5 Airline fare non-refundable. Once airline tickets are paid for on the contract, they are non-transferrable and non-refundable.
3.6 Travel delays. The Company is not responsible for any changes or alterations to any flights or travel delays due to any third-parties’ actions or inactions and not in the control of the Company. Any disputes or resolutions sought due to delays in travel or cancellations will be handled by the Company.
3.7 Variations of travel outside of itinerary. Any deviations made by a traveler from the trip itinerary is the individual’s responsibility. The Company is not responsible to arrange for travel, make changes to travel plans, or any complications the deviating traveler may encounter as a result of his or her deviation.
4. Passports, Visas and Health Matters:
4.1 General passport and visa requirements. It is your responsibility to ensure you have all the appropriate and applicable documents and/or visas (if required) for the trip. The Company is not responsible for the application or the approval/denial any such documents. The Company does not control the requirements for such documentation and is not responsible for any changes in the requirements prior to the trip. Please check the requirements of each destination frequently to ensure all documents are obtained prior to travel.
4.2. If you are unable for whatever reason to obtain a visa or the authorization required for a visa and are thus unable to travel we will seek to be as flexible as the situation allows but ultimately reserve the right to consider this as a cancellation under the terms set out in 5.1 below.
4.3 Details of any compulsory health requirements for your trip are shown on our customer documentation. It is your responsibility to ensure you are aware of all recommended vaccinations and health precautions in good time before departure. Details are available from your doctor and from the National Travel Health Network and Centre www.nathnac.org. Information on health abroad is also available on Vaccination and other health requirements/recommendations are subject to change at any time for any destination. Please therefore check with a doctor or clinic not less than six weeks prior to departure to ensure that you have met the necessary requirements and have the applicable information.
4.4 It is the party leader’s responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. The Company is not responsible or liable in any respect if a traveler is refused entry onto any transport or into any country due to failure to obtain and maintain all required documentation. You are responsible for any and all surcharges, fines or any other financial penalty incurred as a result of this failure. Additionally, if failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty, costs or expenses being imposed on or incurred by the Company, you will be responsible for reimbursing the Company accordingly.
5. Cancellation by You:
5.1 Cancellation. You will notify the Company in writing if you or any member of your party need to cancel your trip after receiving booking confirmation. Such notice will have an effective date of the date wherein the Company received such notice. You hereby acknowledge that the Company incurs costs at varying times throughout the booking and scheduling process. Therefore, you agree to the cancellation charges schedule in section 5.2.
5.2 Cancellation charge schedule. Unless dictated otherwise by the carrier (i.e. the airline or cruise ship) which refund policy will supplement the schedule herein, the cancellation charges will be applied according to this section 5.2. All cancellation fees shown herein are represented as a percentage of the Total Cost of the trip, or a specific payment, with the exception of amendment charges. Amendment charges are not refundable in the event of cancellation.
If notice is received;
I. 91 days or more prior to departure: loss of initial deposit, airline deposit
II. 61-90 days before departure: loss of 50% of total trip cost
III. 40-60 days before departure: loss of 60% of total trip cost
IV. 39 days or less: loss of 100% of Total Cost.
5.3 Any deposit payments for flights are non-refundable once airline tickets have been purchased
5.4 Travel insurance. The Company highly recommends each traveler obtain and maintain travel insurance appropriate for the trip. Travel insurance is the responsibility of the traveler and The Company is not responsible to obtain or maintain insurance for individual travelers. The Company and its volunteers and employees are not responsible any costs incurred that would have been otherwise covered by travel insurance.
6. Changes and Cancellation by Us:
6.1 We start planning the tours we offer many months in advance. Occasionally, we need to make changes to and correct errors in brochure and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always want to avoid changes and cancellations, we reserve the right to cancel or make changes to a trip under any circumstances. Please note, our escorted group trips require a minimum number of participants to enable us to operate them. If the minimum number of bookings required for a trip have not been received, we are entitled to cancel it. We will notify you of cancellation for this reason at least 45 days prior to your departure.
6.2 In circumstances where the cancellation is due to external events outside our reasonable control, refunds will be given, less any unrecoverable costs such as deposits, airline tickets, and any non-refundable vendor purchases. The Company is not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.
6.3. We reserve the right to cancel any booking if we reasonably feel that the physical condition or behavior of a client may affect their own well-being, that of any members of our local crew, that of any other members of an escorted group tour, or the enjoyment of other members of the group while on a tour.
7. Special Requests and Medical Conditions/Disabilities:
7.1 If you have any special request, other than for medical or disability purposes, you must advise us at the time of booking. Although we will endeavor to pass any reasonable requests on to the relevant supplier, we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.
7.2 The Company will not accept bookings subject to any conditions precedent. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests.
7.3 If you or any member of your party has any medical condition or disability which may affect your trip or has any special requirements as a result of any medical condition or disability, you must advise the Company before you get a confirmation of booking, in writing, so that we can assist you in considering the suitability of the arrangements and/or making the booking. You further agree to promptly advise us if any medical condition or disability which may affect your trip develops after your booking has been confirmed. If the Company reasonably feels unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking or the condition / disability develops after booking, cancel when we become aware of these details.
7.4 The Company reserves the right at any time to require the Client to produce a doctor’s certificate certifying that the Client is fit to participate in the tour. Travel, horse-riding and trekking questionnaires might also be required.
7.5 By booking you acknowledge that you understand the potential risks and hazards that can be involved in tours of this kind to often remote and inhospitable locations. Such risks may increase the risk of injury or illness, loss or damage to property, discomfort and inconvenience.
8. Flexibility and Change of Itinerary:
8.1 You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.
8.2 While we endeavor to operate all trips as described we reserve the right to change the trip itinerary. Please refer to our website before departure for the most recent updates to your itinerary.
8.3 Changes made before departure. If the Company, in its sole discretion, makes a change in the itinerary that affects at least one full day (a “Material Change”), we will inform you as soon as reasonably possible before departure. In the event a material change is made, you may choose between accepting the change, obtaining a refund of money paid on the affected portion of the trip only, or accepting an alternative tour offered.
8.4 After departure: The Company reserves the right to change an itinerary after departure due to local circumstances or events outside of our control. In such emergency circumstances, the additional cost of any necessary itinerary alterations will be covered by you, the traveler, and not the Company. The Company is not responsible for any incidental expenses that may be incurred as a result of the change of itineraries such as visas, vaccinations or non-refundable flights.
9. Our Tour Leader:
On our escorted group tours, the Company will appoint a Tour Leader who will represent the Company and assist with the proper and safe running of you and your fellow participants’ tour. You agree to accept the decisions of the Tour Leader who shall have the discretion to make decisions and act which may impact on your tour. If your physical condition or behavior is such as to affect the well-being of yourself or other members of the group or the enjoyment of other members of the group, the Tour Leader may have you removed from the tour without any right to refund.
10. Photography Disclaimer:
Please note that by attending any events and functions by the Company you hereby grant permission, without compensation, to the Company to take and use photographs and/or digital images of you for use in news releases and/or promotional advertisements on the Site or other media. license to the Company to use images of you and your property for future promotional advertisements.
11. Release of Liability, Assumption of Risk and Indemnification Agreement
11.1 The Company contracts with a network of companies, government agencies and individuals to assist in the running of our trips as agent for these third parties. The Company is not responsible for the acts and omissions of these third parties.
11.2 INDEMNIFICATION HOLD HARMLESS AND DEFENSE. You shall INDEMNIFY, WARRANT, HOLD HARMLESS AND DEFEND Wanderlust Explorations. LLC, its volunteers, employees, and owners (the “Released Parties”), from any and all LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise from my acts or my failure to act (including my own negligence) during or relating to the Trip. Furthermore, you agree to reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney's fees, that they incur because of any such claims made against them. You further agree that in the event of your death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on your estate, and your personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
11.3 WAIVER AND RELEASE OF LIABILITY I hereby WAIVE AND RELEASE ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS against the Released Parties, where such LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS arise in any way from any injury, death, loss or harm (whether foreseen or unforeseen) that occur to me or to any other person or to any property during the Trip or are in any way related to the Trip. This release includes, but is not limited to, claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This release does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that Virginia law does not permit to be released by agreement. I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss, or harm m that occur on the Trip.
11.4 ASSUMPTION OF THE RISKS. I hereby freely assume all risks and any harm, injury or loss that may occur to me or my property as a result of my participation in the Trip including any risks caused by the negligence of the Company, its employees and officers, its contractors, its volunteers, and other trip participants.
11.5 To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion): (i) the provision of a similar trip to an equivalent value; or (ii) a refund of the total amount received by us from you in connection with your booking.
11.6 The Company assumes no responsibility for providing medical care during the Trip other than basic first aid, and I will have to pay for any medical care and/or evacuation that I incur. In consideration of the permission to participate in the Trip, I agree to the terms contained in this document.
12. Construction of Agreement:
Upon booking a trip and obtaining the notice of confirmation of booking, these Terms become a legally binding agreement between you and the Company.
The following provisions and principles apply to the interpretation, construction, and enforcement of this Agreement:
a. Modification. This Agreement, including the provisions of this paragraph, may not be modified, amended, superseded, canceled, or revoked, in whole or in part, except in writing signed by each Party.
b. Governing Law. This Agreement shall be construed, interpreted, and enforced according to laws of the Commonwealth of Virginia.
c. Venue. Any claim, suit, action, or proceeding arising out of or related to this Agreement must be instituted exclusively in the state courts in Chesapeake, Virginia or in the United States District Court for the Eastern District of Virginia, Norfolk Division.
d. Severability. If any part, clause, or provision of this Agreement is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, then it shall be severed from this Agreement and the remainder of this Agreement shall not be affected thereby, and shall be enforceable to the fullest extent possible.
e. Assignment. This Agreement is personal to the you and may not be assigned.
13. Cost of Enforcement.
In any adversarial proceedings between the parties arising out of this agreement, the prevailing party will be entitled to recover from the other party, in addition to any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including reasonable attorneys’ fees and court costs. The “prevailing party” means the party in whose favor a judgment, decree, or final order is rendered. You warrant that you have read and understand this Agreement. You acknowledge that you have had full and fair opportunity to consult with an attorney prior to entering this Agreement, and you have done so or affirmatively and consciously waive the same. Furthermore, you understand you are financially responsible for any and all charges incurred in the event that the account is sent to collections including all court costs and attorney fees.
14. Changes to Terms
The Company reserves the right, in its sole discretion, to change the Terms under which its services are offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
15. Contact Us
Wanderlust Explorations welcomes your questions or comments regarding the Terms:
Wanderlust Explorations LLC
3983 West Stratford Rd.
Virginia Beach, Virginia 23455
Updated May 9. 2020