Live The Dash Tours, LLC
Terms and Conditions
These are the Terms and Conditions that will apply to your booking. Please read them carefully as you will be bound by them. These Terms shall constitute the entire agreement between You and Live The Dash Tours relating to the subject matter herein, and shall constitute a binding agreement. There is no verbal or written representation, warranty, prior agreement, or description of services, other than as expressed herein.
The contract and booking is made with, and services will be arranged for “You” by, Live The Dash Tours, LLC, “Live The Dash”. By booking a trip, you agree to be bound by these Terms and Conditions that govern the relationship, the cancellation policy and limitations of liability. These Terms and Conditions affect your rights and designate the governing law and forum for the resolution of any and all disputes.
SECTION 1: THE CONTRACT
All persons wishing to make a booking have carefully read and understand the Terms and Conditions that follow. By making a booking with Live The Dash or its Agents, you accept on behalf of yourself and all of those named on the booking including minors and persons under a disability to be bound by these Terms and Conditions. A booking is accepted and becomes definite only from the date when Live The Dash sends a confirmation invoice or email. It is at that point that a contract between Live The Dash and You comes into existence. Before your booking is confirmed and a contract comes into force, Live The Dash reserves the right to increase or decrease its prices. Live The Dash or its agents reserves the right to decline any booking at its discretion. The person or persons named on the booking are hereafter referred to as “You” or the “Client”. All bookings are made with Live The Dash, which sells the tours described on our site and or through its “Agents” who sell Live The Dash’s tours through an agreement with Live The Dash. The service(s) to be provided is/are the tour(s) referred to in the booking confirmation.
SECTION 2: MEDICAL CONDITIONS AND SPECIAL REQUIREMENTS
All Clients are obligated to review and complete the Medical form, as it relates to their trip. Any questions you may have in relation to your physical suitability for a trip must be determined by your medical practitioner. Live The Dash cannot offer advice of a medical nature. Clients with pre-existing medical conditions as defined on the medical form must return a signed Medical Form with final payment as specified in Section 6. You acknowledge and understand that the destinations visited on some tours are remote, isolated, and far removed from medical care facilities.
You must complete the medical form accurately and must disclose all medical history and information. Live The Dash will review the information submitted and keep the information in accordance with our published privacy policy. Live The Dash reserves the right to deny a booking for any Client on reasonable medical grounds. In the event the Client has made a booking with Live The Dash and is subsequently unable to complete the required medical form for any reason by the time required for final payment specified in Section 6, Live The Dash reserves the right to treat the booking as cancelled, and the applicable cancellation fees will apply. You must notify Live The Dash in writing during the process of booking of any medical conditions, pregnancy, disability or any other psychiatric and or physical condition which may affect your ability to travel. Failure to notify Live The Dash may result in the Client being refused travel. Failure to notify Live The Dash of any such condition that results in cancellation will result in full cancellation fees being applied if applicable. Some trips may be unsuitable for Clients due to mobility, disability, pregnancy, physical or mental conditions. It is the Client’s responsibility to check this prior to booking. Live The Dash may refuse to book women who are over 24 weeks pregnant or Clients with certain other conditions. Live The Dash is not required to provide any special facilities unless it has agreed to do so in writing. Live The Dash will do its best to meet Client’s special requests including dietary needs, but such requests do not form part of the Contract and therefore Live The Dash is not liable for not honoring these requests. Medical facilities vary from country to country and Live The Dash makes no representations and gives no warranties in relation to the standard of such treatment.
Traveling with Children: Travelers aged 18 at date of travel are considered adults. Children below 18 are not permitted on escorted tours unless otherwise stated. Children may be allowed on custom tailored tours. All inquiries with respect to children are subject to review and approval by Live The Dash which reserves the right to restrict the number of travelers under the age of 18 on custom tailored tours. If the adult accompanying a child is not the child’s parent or the parents are divorced, a “Parental/Guardian Consent Form” must be signed by the parent or legal guardian and received by Live The Dash prior to departure.
SECTION 3: CURRENCY
Live The Dash sells in United States Dollars (USD$). Live The Dash reserves the right, however to apply the currency of our choosing to the booking.
SECTION 4: DEPOSITS
At time of booking a non-refundable deposit of $500 will be required to secure your booking. If the booking is made 60 days or less prior to departure, full payment is due. The deposit and medical form should be sent to Live The Dash. If the deposit is different from that outlined in this clause, the requirement will be advised at the time of booking and will be detailed on the invoice. Custom tailored tours may require a higher deposit.
SECTION 5: ROOMMATE MATCHING
In an effort for You to avert a single supplement fee, Live The Dash will offer roommate matching. Roommate matching will consist of Live The Dash matching you with a Dasher of the same sex. Roommate matching is completely voluntary and requires the consent of both Dashers. In the event Live The Dash is unable to match You with a roommate, You will be required to pay the single supplement if applicable. The Client agrees not to hold Live The Dash responsible if the roommate match is not compatible.
SECTION 6: FINAL PAYMENT SCHEDULE/CLIENT INFORMATION
(a) Final Payment: Live The Dash must confirm acceptance of the Client’s booking in writing. Please refer to the confirmation invoice and/or confirmation email for details regarding final payment. Payment of the balance of the tour price is due 60 days before the departure date of the first service booked. If full payment is not received by the due date, then rates and tour space cannot be guaranteed. If a booking is made within 60 days of the departure date of the first service booked then the full cost of the booking is payable at the time the booking is confirmed. If this balance is not paid at the time the booking is confirmed, Live The Dash reserves the right to treat the Client’s booking as cancelled and cancellation fees will apply. Custom Tailored Tours may require a higher deposit or full payment at the time of booking. If full payment differs from that outlined in this clause, payment requirements will be advised at the time of booking and will be detailed on the invoice.
(b) Client Information: In order for Live The Dash to confirm the Client’s travel arrangements the Client must provide all Client Information with their final payment as per the schedule specified in Section 6(a). If the Client does not provide all details 60 days or more prior to departure, an Administrative Fee may be charged to the Client. In the event that Client information has not been received by Live The Dash 30 days prior to the Client’s trip departure, Live The Dash reserves the right to treat the booking as cancelled and full cancellation fees will apply. Client Information required may vary by tour, and will be advised during the booking process. However, at a minimum Client Information will include passport number, passport issue date, passport expiry date, country of issuance, completed medical form, proof of travel insurance, full name as it appears in the passport, year of birth, nationality and arrival details (or other documents as requested by Live The Dash). In addition, contact details for the Client’s next of kin are required. Including but not limited to name, phone number (mobile, work and landline), email address and physical address. A booking may not be confirmed without provision of Client Details.
SECTION 7: CANCELLATION OF A TOUR BY THE CLIENT
Any cancellation by a Client must be made in writing and must also be acknowledged by Live The Dash in writing. The date on which the request to cancel is received by Live The Dash or its Agents will determine the applicable cancellation fees.
Cancellation for Tours and Custom Tailored Tours: The cancellation fees are expressed hereafter as a percentage of the total tour price:
i) Cancellation 90 days or more prior to departure: 100% of cost refunded.
ii) Cancellation 89-60 days before the departure: 75% of cost refunded.
iii) Cancellation 59-30 days before departure: 50% of cost refunded.
iii) Cancellation less than 30 days before departure: no refund payable.
SECTION 8: CANCELLATION OF A TOUR BY LIVE THE DASH
When a tour is cancelled by Live The Dash before the agreed date of departure for any reason other than the fault of the client, the Client can either:
(a) take a substitute tour of equivalent or superior quality and cost if Live The Dash is able and willing to offer such a substitute; or
(b) take a substitute tour of a lower cost if Live The Dash is able and willing to offer one and to recover from Live The Dash the difference in price between the price of the tour originally purchased and that of the substitute tour; or
(c) have a full refund of all monies paid under the contract as soon as possible.
Live The Dash is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the cancellation of the confirmed booking such as costs of visas, vaccinations, non-refundable flights or rail, non-refundable car parking fees or other fees, loss of earnings, or loss of enjoyment, etc. If the Client is offered a refund but requests an alternative tour of a higher value than the one originally booked, the Client must pay the difference in price.
Where after departure a significant element of the trip contracted for cannot be provided, Live The Dash will make suitable alternative arrangements for the continuation of the trip. If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, Live The Dash will provide the Client a refund of the cost of unused tour portions. Where a significant alteration or cancellation occurs which is not due to Acts of God or other circumstances beyond Live The Dash’s control, Live The Dash will in some circumstances offer compensation as it sees fit. Significant alterations do not include the substitution of a vessel, modification of itineraries, change in cabin category or hotel accommodation provided it is of the same category as deemed by Live The Dash.
SECTION 9: UNUSED SERVICES
There will be no discounts or monies refunded for missed or unused services, including for reason of voluntary or involuntary termination/departure from the tour, sickness, death of a family member or loved one, late arrival on the tour whether or not caused by transportation delays, or premature departure either voluntarily or involuntarily.
SECTION 10: PRICES, SURCHARGES AND TAXES
The price of the tours published may go up or down from the date of publication. Live The Dash reserves the right to increase any tour price after the tour has been booked but will not do so any later than 30 days before the departure date stipulated. After a confirmation invoice/email has been issued, any increase to the tour price will be as the result of changes in transportation costs, including the cost of fuel, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airport charges, including any currency fluctuations. If the increase would be 2% or less of the tour price Live The Dash will absorb the changes. However if the increase is more than 2% Live The Dash will pass this increase on to the Client.
When the increase in price is more than 7% of the Client’s tour price, the Client may opt to:
(a) withdraw from the contract without incurring any penalty including cancellation fees; or
(b) accept and pay the change of price.
SECTION 11: VALIDITY
The prices on Live The Dash Tours’ website are based on rates and costs in effect at the time of posting to the website. Live The Dash reserves the right to alter prices at any time prior to the tour being paid in full.
SECTION 12: FLEXIBILITY
The Client understands and acknowledges the nature of this type of travel requires considerable flexibility and must allow for reasonable alterations by Live The Dash. 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, which may include sickness or mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances or any other reason whatsoever.
SECTION 13: CHANGES
Changes made by Live The Dash: While Live The Dash will endeavor to operate all tours as advertised, reasonable changes in the itinerary may be made where deemed necessary or advisable by Live The Dash. If Live The Dash makes a major change, Live The Dash will inform the Client as soon as reasonably possible if there is sufficient time before departure. The definition of a major change is deemed to be a change affecting at least three full tour days on the itinerary. If the major change is due to an Act of God or unforeseen circumstances no compensation is payable. Some changes to the itinerary may happen on a tour as a result of unforeseen circumstances or local situations. Any changes made that alter the itinerary will be made with the full authority of the Tour Leader (“Lead Dasher” or “LD”) and any direct or indirect cost incurred as a result will be the responsibility of the Client. Where Live The Dash has to make a major change to the Client’s tour before departure, Live The Dash will notify the Client as quickly as possible so that the Client can decide:
(i) whether to withdraw from the contact without penalty; or
(ii) to accept the change and proceed with the tour.
SECTION 14: AIRFARE
Tours do not include international or domestic flights unless explicitly stated in the inclusions.
SECTION 15: ACCEPTANCE OF RISK
The Client acknowledges that the nature of the tour is adventurous and may involve a significant amount of personal risk. The Client hereby assumes all such risk and does hereby release Live The Dash from all claims and causes of action arising from any damages, injuries or death resulting from these inherent risks. As a Client of Live The Dash you adhere to the following:
As a Client you understand that traveling with Live The Dash Tours may involve risks above and beyond those encountered on a more conventional vacation, and that you are undertaking an adventure trip with inherent dangers. You understand that you are traveling to geographical areas where, amongst other things, the standard of accommodation, transport, safety, hygiene, cleanliness, medical facilities, telecommunications and infrastructure development may not be of the standard that you are used to at home or would find on a conventional vacation. You understand that it is compulsory to provide details of any pre-existing medical conditions that you might have. You accept these risks and obligations and you fully assume the risks of travel and release Live The Dash from all responsibility for damages or injuries to you and to those who might be traveling with you.
Optional Activities:
Furthermore, you understand during your trip there may be opportunities to partake in activities which do not form part of the itinerary. You understand Live The Dash Tours makes no representations about the safety or quality of the activity, or the standard of the independent operator running it. You also understand Live The Dash Tours is in no way responsible for your safety should you elect to enter into such optional activities. With full knowledge of the above, you may still elect to partake in the activity, and if you do so, you assume full responsibility for any risks involved, and the waiver and release of Live The Dash Tours set out in the foregoing paragraph shall apply to such optional activities.
Hotels, shuttle services and other elements of a booked tour will be arranged by Live The Dash with local suppliers, who are independent contractors over whose performance Live The Dash has no control. Such suppliers may themselves engage the services of local operators and/or sub-contractors. Standards of hygiene, accommodation and transport in some countries where excursions take place are often lower than comparable standards which the Client may reasonably expect at home. Live The Dash will at all times endeavor to appoint reputable and competent local suppliers. Nevertheless, because Live The Dash has no control over the operations of such local suppliers, Live The Dash can bear no responsibility for any default negligence and failure to perform by such local suppliers. The terms and conditions of the suppliers will be applicable and are expressly incorporated into the contract between Client and Live The Dash. These may limit or exclude liability of the supplier. Local laws and regulations of the relevant country will be relevant in assessing performance of the services of any supplier. In the event of a complaint by a Client, this Contract will be regarded as having been performed if local laws and regulations relating to those services have been satisfied, even if the laws of the United States of America may not have been met.
The independent contractors do not at any time act as agents or representatives of Live The Dash. Live The Dash does not own or control any such independent contractors, makes no representation of any kind as to their performance and does not undertake to supervise their activities. Any Client using such services or activities shall be deemed to agree and consent that any liability for any death, personal injury, illness, emotional distress, mental suffering or psychological injury or loss of or damage to property shall be the sole responsibility of the provider of such service or activity. Live The Dash shall not be or become liable or responsible in any way for any act or omission of any such provider pertaining to, or arising from, or in connection with such services or activities.
SECTION 16: FACTORS OUTSIDE LIVE THE DASH’S CONTROL, ACTS OF GOD
Live The Dash shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both directly and indirectly incurred, or for Live The Dash’s failure to commence, perform and/or complete any duty owed to the Client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by an Act of God, war or war-like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, safety and security concerns as deemed by Live The Dash, extreme weather or any other cause whatsoever beyond the reasonable control of Live The Dash the consequences of which could not have been avoided even if all due care had been exercised; or an event which Live The Dash or the supplier of services, even with all due care, could not foresee.
SECTION 17: LIABILITY
Live The Dash is not responsible for any improper or non-performance of any services forming part of the Contract which are wholly attributable to the fault of the passenger, the act or omission of a third party, whether connected or unconnected with the provision of any services to be provided under the Contract, unusual and unforeseeable circumstances beyond the control of Live The Dash and/or the relevant supplier, the consequences of which could not have been avoided even if all due care had been exercised including (but not limited to) an event of an Act of God; or any event which Live The Dash and/or the relevant supplier could not, even with all due care, have foreseen or forestalled.
SECTION 18: AUTHORITY ON TOUR
At all times the decision of Live The Dash’s “Lead Dasher” will be final on all matters likely to endanger the safety and well-being of individuals on the tour. By booking with Live The Dash, the Client agrees to abide by the authority of the Lead Dasher. The Client must at all times strictly comply with the laws, customs, foreign exchange and drug regulations of all countries visited. If the Client is affected by any condition, medical or otherwise, that might affect other people’s enjoyment of the tour, the Client must advise Live The Dash at the time of booking. Should the Client fail to comply with the above or commit any illegal act when on the tour or, if in the opinion of the Lead Dasher, the Client’s behavior is causing or is likely to cause danger, distress or annoyance to others, Live The Dash may terminate that Client’s travel arrangements without any liability on Live The Dash’s part and the Client will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements.
SECTION 19: TRAVEL DOCUMENTS
(a) Valid Passport and Visas: The Client must be in possession of a valid passport required for entry, departure and travel through each destination point along the itinerary of the tour, (passport must be valid 6 months past the return date), all visas, permits and certificates including vaccination certificates and insurance policies required for the entire journey. The Client accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the tour, and is solely responsible for any adverse consequences resulting from missing or defective documentation. Any information or advice given by Live The Dash regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory and provided as a courtesy to the Client. Live The Dash is not responsible for any errors or omissions as to the information provided by third parties such as the appropriate governmental authorities.
(b) Documents: To expedite the issuing of travel documents please note that all tour related travel documents such as vouchers, itineraries and invoices will be sent electronically. Live The Dash reserves the right to impose an Administration Fee on those Clients who wish to receive their travel documents by other means.
(c) Trip Details: It is the Client’s responsibility to visit the Live The Dash website at least 72 hours prior to departure to ensure that the most current Trip Details are in their possession as minor changes may have been made since the tour documents were originally provided by Live The Dash.
SECTION 20: INSURANCE
It is mandatory that all Clients obtain travel insurance with a minimum medical emergency evacuation and repatriation coverage amount of US$200,000 while travelling with Live The Dash and this insurance must cover personal injury expenses. Clients must provide proof of insurance purchase and adequate coverage as per the required amounts above if requested by the Lead Dasher. It is strongly recommended that the coverage be extended to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client. Live The Dash shall bear no liability for loss, theft of or damage to baggage or personal effects. Personal belongings lost or stolen while unattended by the client in public lounges or other public areas, whether on board a vessel, train, bus, or other mode of transportation, publicly owned or operated by Live The Dash or others, are not reimbursable. Losses due to ordinary wear and tear and to Acts of God are not reimbursable. Live The Dash cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities such as hotels, homestays, vessels, expedition vehicles, or any other mode of transportation. The Client acknowledges that the cost of the tour does not include insurance, and that the Client is required to obtain separate coverage at an additional cost. When obtaining travel insurance the Client must ensure the insurer is aware of the type of travel to be undertaken.
SECTION 21: CLAIMS AND COMPLAINTS
If a Client has a complaint concerning any aspect of a tour, the Client must first inform the Lead Dasher at the earliest opportunity to allow the grievance to be rectified. Failure to indicate dissatisfaction whilst on tour will result in the Client’s ability to claim compensation from Live The Dash being extinguished or at least reduced. If satisfaction is not reached through these means on tour then any further complaint must be put in writing to Live The Dash or directly to our mailing address at customerservice@livethedashtours.com or Live The Dash Tours, LLC, Customer Service Department, 237 Flatbush Ave, Suite 273, Brooklyn, New York 11217 USA within 30 days of the end of the tour. Live The Dash will not accept any liability for claims received after this period.
SECTION 22: CLIENT RESPONSIBILITY
The Client acknowledges he or she will be visiting places where the political, cultural and geographical attributes present certain risks, dangers and physical challenges greater than those present in his or her daily lives. By booking travel with Live The Dash, the Client acknowledges she or he has considered the potential risks, dangers and challenges, and expressly assumes the risks attendant to such travel conditions. Clients are solely responsible for acquainting themselves with customs, weather conditions, physical challenges and laws in effect at each stop along the itinerary, and are encouraged to locate or make contact prior to embarkation with his/her local Embassy or Consulate in each destination.
SECTION 23: OPTIONAL EXTRAS
Optional extras do not form part of the tour or contract. It is understood and accepted by the Client that any assistance given by the Lead Dasher in arranging optional extras does not render Live The Dash liable for optional extras. Accordingly, the Client hereby releases Live The Dash from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to the quality of such products. Optional extras include but are not limited to rafting, horseback riding, sightseeing flights and other extras that are not included in the tour price, or any other extra that has not been explicitly stated.
SECTION 24: SEVERABILITY
In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this Agreement or amended accordingly only to such extent necessary to allow all remaining Terms and Conditions to survive and continue as binding.
SECTION 25: SUCCESSORS AND ASSIGNEES
These Terms and Conditions shall inure to the benefit of and be binding upon Live The Dash and the Client and their respective heirs, legal personal representatives, successors and assignees.
SECTION 26: APPLICABLE LAW
The Terms and Conditions and Conditions of Carriage including all matters arising from it are subject to New York and U.S. Law and the exclusive jurisdiction of the New York and U.S. Courts.
SECTION 27: PRIVACY POLICY
Live The Dash will provide personal information, as well as any personal information provided in relation to persons whose travel arrangements have been requested by the Client, to suppliers and carriers to enable the operation of the services requested. Live The Dash will do all reasonably possible in endeavoring to protect personal information.
SECTION 28: ONLINE BOOKINGS
All on line reservations shall be deemed as booked in the United States of America, and shall be subject to American law and jurisdiction.
SECTION 29: IMAGES AND MARKETING
The Client agrees that during the tour, images, photos or videos may be taken by other travelers and/or Live The Dash Staff that may contain the Client in part or in whole. The Client agrees that these images may be reproduced by Live The Dash and the Client grants perpetual, royalty-free, worldwide, irrevocable license to reproduce such images, photos or video in any medium for promotion and publicity purposes.
SECTION 30: COPYRIGHTS
All content included on livethedashtours.com, such as text, graphics, logos, button icons, images, videos, audio clips, digital downloads, data compilations, and software, as well as the compilation of that content into one, coherent website, is the property of Live The Dash and protected by United States and international copyright laws. Reproduction of the content of livethedashtours.com without the written permission of Live The Dash is prohibited.
SECTION 31: REFUSAL OF SERVICE
At any time before or during the booking process, Live The Dash retains the right to refuse service to any Client, for any reason whatsoever, other than for discrimination or protected class reasons.
SECTION 32: UPDATING OF TERMS AND CONDITIONS
Live The Dash reserves the right to update and/or alter these terms and conditions at anytime, and it is the Client’s responsibility to be familiar with them. The latest terms and conditions may be found on the Live The Dash website www.livethedashtours.com
