Updated: November 15, 2024

IMMERSION JOURNEYS LLC

TERMS & CONDITIONS, RELEASE OF LIABILITY, ASSUMPTION OF RISK, SUPPLEMENTAL RELEASE AND BINDING ARBITRATION AGREEMENT

By signing our tour reservation form, or otherwise indicating your assent in writing, you agree to the terms and conditions set forth in this document. These terms and conditions apply to the Tour, the itinerary for the Tour and payment for the Tour.

• INTRODUCTION: These are the terms and conditions applicable to the tour packages provided by Immersion Journeys LLC (collectively “Immersion Journeys”, “we”, “us” and “our”). The terms “client” “you” and “your” refer to each person who purchases and/or uses a tour package provided by Immersion Journeys.

• RESERVATIONS AND PAYMENTS: A non-refundable prepayment deposit of 25% of the total Tour cost, along with a completed and signed Terms and Conditions, Release of Liability, Assumption of Risk [and Binding Arbitration] Agreement (Agreement) and Credit Card Authorization Form (if paying by cc) are required in order to confirm your reservation. Upon receipt of these forms and your deposit, we will confirm your trip. This Agreement, [the signed Reservation form and the signed Agreement, and the signed Credit Card Authorization Form are all part of your agreement with us.
  
  The balance of your Tour cost is due of 90 days prior to departure.

• TRAVEL AND EVACUATION INSURANCE: We strongly recommend that you purchase trip cancellation insurance. In the event that you must cancel your participation in a travel Tour, trip cancellation insurance may be the only source of reimbursement. Trip cancellation insurance is available from multiple sources for comprehensive coverage of such expenses in conjunction with cancellation due to illness or accident, and damaged or lost luggage. We will send you an application upon receipt of your reservation. In addition, medical evacuation coverage may be required as a condition of booking.
  

• CANCELLATION AND REFUND POLICY: Our cancellation charges are based on the stringent payment policies of our suppliers of local services and therefore represent a reasonable estimate of our loss. Cancellation charges are expressed as a percentage of your total trip cost (excluding commercial airfare) and also depend on the day you cancel and the day of your scheduled departure from your home. Our cancellation charges are in addition to whatever the airline may charge you:

Penalty                                                           Number of Days of Advance Written Notice

No refund on deposit                                Ninety-one (91) or more

50 percent (50%)                                         Between ninety-one (91) and sixty (60)

One hundred percent (100%)              Less than sixty (60)

There is no refund for unused portions of a tour once it has commenced, and you are solely responsible for costs incurred by you due to missed, cancelled or delayed transportation. Your decision not to participate on the Tour due to State Department or Centers for Disease Control advisories or warnings, fear of travel, or for any other reason will be deemed a cancellation. If a flight or other delay for any reason prevents you from joining the Tour on the Tour start date, you will be considered a no-show. No refunds will be available, but you may join the Tour late if you wish and if it is feasible to do so.

Commercial airline tickets must be paid in full at the time of ticketing. Airline cancellation charges are set forth on the invoice.

• NOT INCLUDED: Taxes; passport, visas and associated fees; personal expenses such as laundry, telephone calls and Internet access; accident/sickness, trip cancellation, and baggage insurance; gratuities to ship and hotel personnel; optional sightseeing excursions; baggage charges on aircraft; local departure air/airport tax(es); airfare and associated local taxes, airport facility and security taxes and federal inspection fees not listed as included in the travel Tour; transfers and baggage handling to/from airport/hotel/ship on day(s) of arrival and/or departure; any overnight on land due to flight schedule(s); meals, alcoholic or other beverages and all other services not specifically mentioned as included in the travel Tour.

• AIRFARE: Airfare is subject to change and availability and, depending on the fare basis, likely is nonrefundable. Your airline ticket constitutes a contract between you and the airline, even if purchased through Immersion Journeys.
  

• BAGGAGE: Luggage allowance policies are set by the airlines and may change without notice. Baggage is at owner’s risk throughout the trip. Airlines, buses, vans and other modes of transportation may all have weight and size restrictions on luggage. It is your responsibility to comply with all baggage restrictions.

• PRICE INCREASES: Prices may be increased because destination countries occasionally increase their VAT or other taxes. In addition, some suppliers impose energy surcharges or other price increases.  Prices are also subject to increase due to currency fluctuations.  Any such increases will be applied to your total due at the time of final payment.  However, post final payment surcharges can be made only because of increased governmental taxes.
  

• PASSPORTS, VISAS, and OTHER ENTRY REQUIREMENTS: International travel requires a passport and generally for valid 6 months beyond your intended return travel date. In many cases, you will also need to have multiple consecutive blank visa pages within your passport (the number varies depending on the destination(s)). Many destinations also require that visas be obtained prior to travel. If one parent or guardian plans to bring a minor child without the other parent or parents, some countries and airlines have strict documentation and permission requirements. Birth certificates may be required for children under 18. Some nations require proof of vaccinations for all travelers. Please speak with us if you are unsure about the visa requirements for your travel destination. You are solely responsible for complying with passport, visa, and other foreign entry requirements and vaccinations.

• RESPONSIBILITY AND ASSUMPTION OF RISK: Immersion Journeys, its employees, shareholders, subsidiaries, affiliates, officers, directors, successors, and assigns (collectively “Immersion Journeys”), does not own or operate any entity which is to or does provide goods or services for your Tour including, for example, lodging facilities, airline, vessel, or other transportation companies, safari or guide services, local ground or safari operators, providers or organizers of optional excursions, food service or entertainment providers, etc. All such persons and entities are independent contractors. As a result, Immersion Journeys is not liable for any negligent or willful act, failure to act, financial failure or other defaults of any such person, entity, supplier or any other third party.
  
  Many of the activities which you may undertake involve risk of injury or death.  These include but are not limited to safari game drives or walks, horseback riding or riding on any kind of animal, scuba diving, zip lining, snorkeling, paddle boarding, surfing, swimming, kayaking, sailing, rafting, whitewater rafting, hiking, bicycling, canyoning/canyoneering, fishing, cruising, camping, helicopter tours and transfers between safari lodges and camps, 4x4 Jeep/ATV/quad biking tours, mokoro or canoe rides, hot air ballooning, jetboating, mule riding, rock climbing, etc. 
  
  In addition and without limitation, Immersion Journeys is not responsible for any injury, financial or other loss, death, inconvenience, delay, or damage to person or property in connection with the provision of any goods or services whether resulting from, but not limited to, acts of God or force majeure, acts or orders of government, acts of war or civil unrest, insurrection or revolt, bites from or attacks by wild or domestic animals, insects or pests, supplier defaults or insolvency, dissatisfaction with the quality of the service(s) rendered strikes or other labor activities, criminal or terrorist activities of any kind or the threat thereof, sickness, illness, epidemics, pandemics or the threat thereof but not limited to, exposure to COVID-19 by means of transmission, or for any other cause beyond the direct control of Immersion Journeys, the lack of availability of or access to medical attention or the quality thereof, overbooking or downgrading of accommodations, mechanical or other failure of airplanes, vessels or other means of transportation, or for any failure of any transportation mechanism to arrive or depart timely or safely. Further, I release Immersion Journeys from its own negligence and assume all risk thereof.

  We have no special or unique knowledge regarding the financial condition of the suppliers of services, unsafe conditions, health hazards, weather hazards, or climate extremes at locations to which you may travel. For useful information regarding your destination, we strongly recommend reviewing the destination-specific information at www.travel.state.gov, and the Centers for Disease Control at www.cdc.gov/travel.

  If due to weather, flight schedules or other uncontrollable factors, you are required to spend an additional night(s), you will be responsible for your own hotel, transfers and meal costs. The right is reserved to decline to accept as a Tour participant, or remove from a Tour, without refund, any person Immersion Journeys judges to be incapable of meeting the rigors and requirements of participating in the activities, or who is abusive to other Tour participants, leaders or third parties, or who Immersion Journeys determines to detract from the enjoyment of the Tour by others. Specific room assignments are within the sole discretion of the lodge or hotel.

  Assumption of Risk of Exposure to COVID-19: you agree to fully accept all known and unknown risks, including the potential risk of exposure to respiratory illnesses or other illnesses, diseases, or conditions, including but not limited to the coronavirus known as COVID-19. The coronavirus COVID-19 is primarily transmitted via exhaled respiratory droplets, most often through coughing, sneezing and breathing in close proximity to another person. These droplets can travel up to six feet and are more commonly transmitted between persons rather than from equipment to persons. You understand and agree that (a) COVID-19 is extremely contagious and there is an inherent risk of exposure to COVID-19 in any place where people are present; (b) no precautions, including the protocols that will be implemented as part of the trip, can eliminate the risk of exposure to COVID-19; (c) people of all ages and health conditions, including healthy young people, have been adversely affected by COVID-19; (d) certain people have been identified by public health authorities as having greater risk based on their age or underlying medical conditions; (e) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, and other short-term and long-term health effects, including death, regardless of a person’s age of health condition. You understand and agree to hold the Immersion Journeys, its officers, vendors and suppliers harmless and not liable for any real or perceived symptoms of COVID-19 or any other disease, illness, or condition, nor for exacerbating any existing symptoms of any illness, disease or condition, and you fully agree to accept these and all other known and unknown risks of receiving services from Immersion Journeys.

• CANCELLATIONS AND POSTPONEMENTS BY IMMERSION JOURNEYS: Immersion Journeys reserves the right to change the itinerary, the lodges or hotels utilized or any Tour features at any time and for any reason, with or without notice, and Immersion Journeys shall not be liable for any loss of any kind as a result of any such changes. Immersion Journeys may cancel or postpone a Tour (or an option) for any reason whatsoever. Seasonal changes (for example, from low to high season) may result in higher prices. In any event, for cancellations (or postponements) based upon acts of God or force majeure, acts or orders of government, epidemics or the threat thereof, pandemics, terrorism or the threat thereof, strikes or labor disturbances, demonstrations, riots or civil unrest, criminal activity, supplier default or insolvency, or other similar circumstances, its sole obligation is to issue credits in the full amount of moneys paid to Immersion Journeys, but only to the extent its suppliers are crediting Immersion Journeys with those monies paid by Immersion Journeys to them. Under no circumstances is Immersion Journeys obligated to refund the cost of any purchased travel insurance. Immersion Journeys is not required to cancel any Tour for any reason including without limitation, United States Department of State, Centers for Disease Control, World Health Organization or other Warnings or Advisories of any kind. Immersion Journeys is not responsible for fees assessed by air carriers resulting from operational and/or itinerary changes, even if Immersion Journeys makes the flight arrangements or cancels the Tour. Immersion Journeys reserves the right to substitute lodges, hotels, vessels or attractions for those listed in the tour description if same is required by circumstances beyond its control or for the convenience or well-being of clients.

• OTHER TAXES AND FEES: Some governments charge departure taxes and/or fees. These fees are the responsibility of each passenger traveling to the designated country and are not included unless stated.

• FORCE MAJEURE: Immersion Journeys assumes no responsibility for any personal injury, property damage, financial or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of any matter beyond our control including but not limited to a delay or cancellation of a flight that causes you to miss all or any portion of the Tour, acts of God, acts or orders of government, epidemics, war, terrorist acts, riots, disaster, weather events, or strikes.

• INDEMNIFICATION: You shall indemnify, defend and hold harmless Immersion Journeys and its officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any Losses arising out of: (i) your negligence; (ii) your failure to comply with applicable law; or (iii) your failure to comply with these terms and conditions.
  
  
• PHOTO RELEASE: You consent to our use of pictures or video of you in our marketing materials without compensation.

• PHYSICAL ACCESSIBILITY: All Tours require physical independence and mobility. Any physical or mental condition that may require special medical attention or physical assistance (for example, the need for a wheelchair) must be reported in writing when you make your reservation. Participants must be able to embark or disembark vans or motor coaches alone or with minimal assistance from your traveling companion and climb stairs and step over raised thresholds without assistance. Participants requiring assistance must travel with a companion who will be responsible for handling equipment. Please understand that the Americans with Disabilities Act does not apply outside the United States.

• CONDUCT DURING TOUR: You are also responsible for respecting the authority and following the directions of the tour guide and the laws of the countries in your itinerary. We may exclude you from participating in all or any part of the tour if, in our sole discretion, your condition or behavior renders you unfit for the tour or unfit for continuation once the tour has begun. Unfitness may include, without limitation, any behavior that, regardless of its cause, is inappropriate or offensive or interferes with the delivery of tour services, or may constitute a hazard or embarrassment. In such case, our liability shall be strictly limited to refund of the recoverable cost of any unused portion of the tour. Should you decide not to participate in certain parts of the tour or use certain goods included in the tour, no refunds will be made for those unused parts of the tour or goods.

• MEDICAL PROXY: If you are unable to authorize your own medical attention and treatment, you authorize Immersion Journeys or its subcontractors or agents to authorize medical attention and treatment on your behalf. You agree to hold harmless and release Immersion Journeys from any liability for medical attention arranged or not arranged on your behalf. Immersion Journeys assumes no liability regarding provision of medical care or evacuation services.
  
  
• CHANGES: Changes in this Agreement may be made only in writing, signed by an officer of Immersion Journeys.
  
  
• SUPPLEMENTAL RELEASE: This Supplemental Release is supplemental to and not in limitation of the Agreement and Release from Liability, Assumption or Risk and Arbitration Agreement (“Release”) I/we previously signed. Except as modified herein, that Release remains in full force and effect. I understand that Immersion Journeys, LLC. (“Immersion Journeys”) does not own, operate, control or supervise any person or entity which provides hot air balloon trips or hot air balloon equipment and that it makes no representations whatsoever as to the adequacy or safety of any such person or entity or of any such equipment. In addition, I understand that Immersion Journeys is giving me information about this trip, or booking it only as a courtesy to me. I understand there are various risks of injury, inconvenience and death associated with hot air ballooning. These include, but are not limited to, crashes, uncontrollable wind currents which, among other things, could cause hard landings (dragging of the balloon which in turn could cause injury or death), the possibility of a fire as a result of a drag or crash, landing in an area different from that anticipated, defective equipment, etc. I assume all such risks and specifically release Immersion Journeys from any and all claims of negligence, gross negligence, breach of contract or any other claim with regard to my hot air ballooning trip. I further understand that medical aid may be unavailable during the course of my balloon safari, evacuation to any medical facility difficult and lengthy, and that any such facility (or medical personnel) may not be of the quality of facilities or medical personnel in the United States.

• BINDING ARBITRATION: Any dispute concerning, relating or referring to this Agreement, the brochure or any other literature concerning the Tour, or the Tour itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. Sections 1-16, either according to the then existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) State of New York law and will take place in New York City, New York. 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. Please understand that by agreeing to these terms and conditions, the participant and Immersion Journeys are waiving the right to a trial by jury. Any arbitration commenced against Immersion Journeys must be on behalf of only the signatory to this Agreement and his or her immediate family members who travelled with signatory, such as a spouse or child. Under no circumstances can participant be part of a class or other joint action.
  
  
• ADDITIONAL RELEASES: Some hotels, lodges, local safari operators, airlines and other suppliers might require you to sign their own releases as a condition of your utilizing their services.  Upon request, we would be happy to request a copy of those releases from those suppliers.

By signing the Tour Registration form, you agree to the terms of this Terms and Conditions, Release of Liability, Assumption of Risk, Supplemental Release and Binding Arbitration Agreement. Your Agreement extends to any tour to which you may transfer. If you party includes a person under 18, then you represent that you are that person’s parent or legal guardian.