TERMS & CONDITIONS
Abroad manages arrangements for professional training, accommodations, local tours, events and other services (“Quests,”);
It is a condition that all Participants, Partners and Teams (collectively, the “Client Parties”, each a “Client Party”) confirm, understand and agree to be bound by the following:
Scope of Relationship. Abroad is not acting as a third-party agent for any airline or other form of transportation used or provided during the Quest. Abroad is not involved in selling services or in accepting reservations or booking accommodations or services that are not directly supplied by Abroad such as air transportation, hotel accommodations, ground transportation, meals, etc. Therefore, Abroad shall not be responsible for breach of contract, inconvenience, misconduct or any intentional or careless acts or omissions on the part of any such suppliers, independent contractors, employees, agents or related entities, which result in any loss, damage, delay or injury to the Client Parties or any property or personal possessions of the Client Parties.
Risks of Travel. The Client Parties understands and assumes all risks of travel, whether expected or unexpected, to the intended destinations and the activities, confirms that accidents, property damage, serious bodily injuries, and fatalities may occur during travel and confirms that any recourse for such incidents may not be sought from Abroad. The Client Party must seek such recourse, if available, directly from any airline, hotel, inn, restaurant, travel agency, transportation provider, tour guide, visited site or other contracted entity. The Client Party understands that travel in the ocean, on highways, railways, roads, or streets may be included in the Quest and does so at its own risk and releases Abroad from liability for any damages, injuries, or death that might occur to the Client Party as a result of such activities.
Indemnification. The Client Party shall indemnify Abroad and its members, managers, officers, employees and representatives (each, an "Indemnified Party"), from any and all claims, losses, liabilities, damages, expenses, and costs, including attorneys' fees and court costs (collectively, "Claims") which result from: (i) any breach by the Client Party of its obligations under this Agreement, including, but not limited to, any representation, warranty or covenant of the Client Party hereunder; (ii) any acts of gross negligence or intentional misconduct by the Client Party in the performance of its obligation under this Agreement; (iii) any loss, damage or injury suffered to the Client Party as a result of participation in the Quest or (iv) any unlawful act or violation of any applicable local, state, national, or international law or regulation by the Client Party, provided that the Indemnified Party gives the Client Party written notice of any such Claim and the Client Party has the right to participate in the defense of any such Claim at the Client Party's expense. Knowing that such risks exist, the Client Party hereby releases and holds harmless Abroad, its members, managers, employees, agents, and volunteers, from any and all liability in relation to the arrangements and participation in the programs or tours arranged.
Limitations on Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ABROAD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE QUEST. ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE END DATE (AS DEFINED IN THE ABROAD MASTER SERVICES AGREEMENT AND THE STATEMENT OF WORK). UNDER NO CIRCUMSTANCES SHALL ABROAD BE LIABLE FOR ANY DAMAGES BEYOND THE TOTAL FEE (AS DEFINED IN THE ABROAD MASTER SERVICES AGREEMENT).
Client Party in Good Health. The Client Party represents and warrants that he/she is in good health. Abroad is not responsible for any costs, delays or cancellations as a result of the physical, mental or emotional health of the Client Party. The Client Party understands the responsibility of purchasing and maintaining personal insurance for overseas health care for sickness or injury, trip cancellation and emergency repatriation to their home and confirms that no misrepresentation has been made as to the status of the Client Party’s current health to any insurer. The purchase of travel insurance is mandatory to protect the Client Party against potential losses. It is the responsibility of the Client Party to purchase coverage directly from the insurance provider.
Documentation. It is the responsibility of the Client Party to provide the proper travel identification which may include passports, visas, etc. for all destinations. The Client Party should verify the travel documentation required well in advance as Abroad is not responsible for any delay or cancellation of any Quest or participation thereof, due to lack of requisite documentation. The Client Party accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the Quest, and the Client Party is solely responsible for any adverse consequences resulting from missing or defective documentation. Any information or advice given by Abroad regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory and provided as a courtesy to the Client Party.
Compliance with Laws. There are strict laws at the intended destination respecting possession of banned substances or participation in inappropriate conduct, including but not limited to, inappropriate sexual contact and drug use. The Client Party agrees to abide by the laws of the land, and understands that Abroad maintains a zero-tolerance policy for breaches of local laws. Any breach of such nature which will result in immediate termination of this Agreement without return of any fee already paid to Abroad.
Abroad will assess a $500 late fee for every week that payments due under the Abroad Services Agreement are not paid to Abroad. Such late fee shall be payable in conjunction with the next scheduled fee pursuant to the Statement of Work.
The initial deposit is non-refundable. Any failure to make an installment on the scheduled date including account closures or stop payment fees will result in cancellation of the Quest and all amounts paid at that time will be forfeited as liquidated damages without prejudice to the right of Abroad to recover any additional losses.
While the deposit is non-refundable, it can be used towards any tour in the future within one (1) year (with a maximum of one (1) cancelled Quest for each deposit, which will afterwards then be considered null & void.)
Cancellation. The following cancellation policies shall apply to all Quests:
If Partner cancels the Quest more than sixty (60) days prior to the Start Date, then Partner shall only be entitled to the return of the Final Payment.
If Partner cancels the Quest less than sixty (60) days, but more than twenty-nine (29) days prior to Start Date, Partner shall only be entitled to the return fifty percent (50%) of the Final Payment; or
If Partner cancels the Quest twenty-nine (29) days or less prior to the Start Date, no refunds are provided.
Cancellations must be received in writing by midnight pacific standard time to be eligible for the refund amounts contemplated in subsections a-c.
Abroad retains the right to cancel any Quest with 30 days written notice for lack of the requisite number of participants to attend the Quest. The requisite number of participants shall be at the sole discretion of Abroad and may vary for each Quest. Should the Client Party be scheduled for a Quest that has been canceled by Abroad pursuant to this section, the Client Party may then choose to receive a full refund or apply the amount paid to a future Quest.
Abroad reserves the right to cancel any Quest, or make any changes to itineraries and dates without refund when such occasions are determined by circumstances that are outside Abroad's control (i.e. airline cancellations, natural disasters, war or insurrection)
10. Hotel Accommodations. The Client Party will be required to present a valid credit card at check-in at hotels during the Quest for any amenities, food and beverage services. The Client Party is responsible for the payment of any additional charges to the room during the Quest. The Client Party agrees to assume all liability and expense to any damage to hotel property that occurs as a result of the actions of the Client Party. The hotel may charge the credit card on file for any charges beyond standard hotel room rates.