BY AGREEING TO THESE TERMS YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
ALL ZUZULU TRAVEL TRIPS OFFERED ON OUR WEBSITE PRESENT SERIOUS RISKS OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS, OFTEN BEYOND THOSE RISKS NORMALLY ASSOCIATED WITH TRAVELING.
PLEASE READ THESE TERMS AND CONDITIONS (« TERMS ») CAREFULLY BEFORE BOOKING, AS THEY APPLY TO YOUR, AND ANY OTHER PERSONS INCLUDED IN YOUR BOOKINGS, USE OF ZUZULU TRAVEL’S SERVICES (THE « SERVICE »).
Zuzulu Travel LLC (“Zuzulu Travel,” or “We”) is a US-based travel firm specializing in the design, creation, and logistical support of unique trips to exotic destinations around the globe. We pride ourselves on enabling our clients to experience unique destinations in novel ways, like riding trains through Cambodia, being driven through Shanghai on a motorcycle, sailing on a boat across the Mediterranean Sea, scuba diving in Belize or Heli-skiing in the Alps. While these are certainly once in a life-time experiences, it is very important that you understand that there are serious risks involved and that we are not providing these services to you directly.
Zuzulu Travel is travel company that connects you with third party operators and service providers and therefore we are not able to ensure the performance, safety or accuracy of the products or services offered on our trips.
Because Zuzulu Travel trips use third-party operators often in remote parts of the world for potentially dangerous activities, it is critical that you understand, acknowledge and agree to accept and fully assume all risks, dangers, and hazards including the possibility of personal injury, death property damage or loss and agree to the following release of liability, waiver of claims, assumption of risks, indemnity agreement and other terms of service:
2. E-MAIL MESSAGES
You consent to us sending you emails, including any notices required by law, in lieu of communication by postal mail.
3. « INTELLECTUAL PROPERTY RIGHTS »
« Intellectual Property Rights » means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
4. OUR PROPRIETARY RIGHTS
The Service and its materials, including, without limitation, text, software, photographs, graphics, images, illustrations, logos, trademarks, patents, copyrights, service marks, photographs, audio, videos and music (the « Zuzulu Travel Content »), and all Intellectual Property Rights related thereto, are the exclusive property of Zuzulu Travel and its licensors.
Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to distribute, sell, rent, license, distribute, reproduce, copy, publicly display, transmit, publicly perform, adapt, publish, edit or create derivative works from any materials or content accessible on the Service. Use of the Zuzulu Travel Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
There may be, at a given time, images on the website that appear under a Creative Commons Attribution-ShareAlike license (“ShareAlike Images”). The ShareAlike Images are not proprietary to Zuzulu Travel and may be copied and reproduced under the terms of the Creative Commons Attribution-ShareAlike license. The parameters of the Creative Commons Attribution-ShareAlike license can be found at http://creativecommons.org.
5. SUBMITTED COMMENTS AND IDEAS
You may submit comments or ideas about the Service, including without limitation about how to improve the Service, for example new adventures that we should offer or changes to existing trips (« Ideas »). By submitting any Idea, you agree that your disclosure is unsolicited, gratuitous and will not place Zuzulu Travel under any fiduciary or other obligation and that we are free to disclose the Ideas on a non- confidential basis to anyone or otherwise use the Ideas without any additional compensation to you.
An advance payment of 30% of the total booking is required to secure the reservation. Final payment is due 60 days prior to departure.
• From time of reservation until 59 days prior to departure
• 30% of the total cost of the trip
• 60 days or less prior to departure
• 100% of the trip
We will request personal payment information from you on the site. Once you submit payment information We will automatically bill you for the amount listed at checkout on the date you purchase the trip. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so.
We reserve the right to change the price of trips, and in some cases we may reduce or increase the price of a trip after you have purchased it. Except as provided below, we will not refund any purchase due to a subsequent change in price after the initial purchase date.
7. EXPRESS ASSUMPTION OF RISKS
International travel involves risks, dangers and hazards in addition to those normally associated with traveling.
BY BOOKING A ZUZULU TRAVEL ADVENTURE, THE PARTICPANT ACKNOWLEDGES THAT HE/SHE IS AWARE THAT ADVENTURE TRAVEL SUCH AS THE TRIP HE/SHE IS UNDERTAKING INVOLVES POTENTIALLY DANGEROUS ACTIVITIES, SOME IN REMOTE AREAS OF THE WORLD, WITH A RISK OF ILLNESS, INJURY, OR DEATH WHICH MAY BE CAUSED BY FORCES OF NATURE, ILLNESS, OR BY WILLFUL OR CRIMINAL CONDUCT OF THIRD PARTIES OR BY TERRORISM.
THE PARTICIPANT FURTHER ACKNOWLEDGES THAT WEATHER CONDITIONS MAY BE SEVERE, ADVERSE AND/OR UNPLEASANT AND THAT MEDICAL SERVICES OR FACILITIES MAY NOT BE READILY AVAILABLE OR ACCESSIBLE DURING SOME OR ALL OF THE TIME DURING WHICH HE/SHE IS PARTICIPATING ON THE TRIP.
PARTICIPANT FREELY ACCEPTS AND FULLY ASSUMES ALL SUCH RISKS DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
8. VOLUNTARY PARTICIPATION
By booking a Zuzulu Travel adventure or trip, the participant acknowledges that he/she has voluntarily applied to participate on this trip and that he/she has read the description of the trip as it appears on the current Zuzulu Travel website.
9. RELEASE AND LIMITATION OF LIABILITY
AT ZUZULU TRAVEL WE DO NOT GUIDE THE TRIPS OURSELVES, NOR DO WE PROVIDE ANY OF THE SERVICES YOU WILL EXPERIENCE ON THE TRIPS. RATHER WE ACT AS A “BOOKING AGENT” OR INTERMEDIARY BETWEEN YOU, AND A RANGE OF THIRD PARTY SERVICE PROVIDERS AND OPERATORS, SUCH AS TRANSPORTATION PROVIDERS, HOTELS, RESTAURANTS AND GUIDES.
In consideration for being permitted to participate in the trip I selected and the related activities, I hereby agree, acknowledge and appreciate that:
PARTICIPANT HEREBY RELEASES AND HOLDS HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, ZUZULU TRAVEL LLC.
Zuzulu Travel LLC ( “Zuzulu Travel,” “We”, « Us », or “Our”) is not liable for any negligent or willful act or failure to act of any third party, such as hotels or other lodging facilities, airline, vessel, bus, van or other transportation companies, local ground operators, providers or organizers of optional excursions, food service or entertainment providers, etc.
Without limitation, We are not responsible for any injury, loss, or damage to personal property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, weather, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities or the threat thereof, of any kind, epidemics or the threat thereof, illness, 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, 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, zip lining, snorkeling, paddle boarding, swimming, kayaking, sailing, canoeing, rafting, hiking, bicycling, etc., sanitation problems, food poisoning, lack of, access to or quality of medical care, difficulty in evacuation in case of medical or other emergency, negligence of shipboard or other physicians or medical personnel of for any cause beyond our direct control.
In addition, the participant releases Zuzulu Travel from its own negligence and participant assumes all risk thereof. Zuzulu Travel shall not be liable for any air carrier’s cancellation penalty incurred by the purchase of a nonrefundable ticket to or from the participant’s Zuzulu Travel departure city. Baggage and personal effects are at all times the sole responsibility of the participant.
10. ITINERARY CHANGES
Zuzulu Travel trips are to remote parts of the world and Suppliers generally reserve the right to change the itinerary due to weather conditions, political conditions and other factors beyond their control and without consulting the participants. Such decisions are made in the best interests of all participants and with regards to their safety. Participants have no right to any refund or other considerations for extra costs due to delays or changes in the event of such itinerary changes.
11. MEDICAL INFORMATION
Participation on a Zuzulu Travel trip generally requires that you are in good health. It is essential that persons with any medical problems and related dietary restrictions make them known to Zuzulu Travel before booking. We can advise you whether the trip you have selected is appropriate; however, such advice should not replace or be construed as a substitute for the advice of a physician or medical examination. Third party providers have discretion to disqualify any participant at any time during if they feel the participant is physically incapable and/or if a participant’s continued participation will jeopardize either the individual involved or the other members of the group. No refund will be given under these circumstances.
By forwarding of deposit, You certify that You do not have any mental, physical or other condition or disability that would create a hazard for Yourself or other travelers.
12. CANCELLATION POLICY
All cancellation notices must be received in writing and will become effective as of the date of the postmark.
At the time we receive written notice that you must cancel your trip, the following fees will apply:
• From time of reservation until 90 days prior to departure
• 30% of the total cost of the trip
• 89 to 60 days prior to departure • 40% of the total cost trip • 59 to 44 days prior to departure • 50% of the total cost trip • 45 days or less prior to departure • 100% of the total cost trip
This policy also applies to pre- and post-trip extensions. Any airline tickets issued are subject to the carrier’s refund policy. Leaving an adventure in progress, for any reason whatsoever, will not result in a refund, and no refunds will be made for any unused portions of an adventure. No refunds will be given for unused hotel rooms, meals, sightseeing trips, or trek arrangements.
We recommend the purchase of the optional supplemental travel insurance package to protect oneself in case of an unexpected medical emergency.
The cancelation and payment policy may change or be modified for specific trips, such as cruises; Zuzulu Travel may modify this cancellation policy as needed on a trip by trip basis.
13. FORCE MAJEURE
Zuzulu Travel shall be excused from performance under these Terms to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism,
insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Zuzulu Travel.
14. ADDITIONAL REPRESENTATIONS AND WARRANTIES
You affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
(i) You are at least at 13 years of age.
(ii) You have the right, authority and capacity to enter agree to and abide by
(iii) If you are under 18 years of age you are either an emancipated minor,
or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, obligations, conditions, affirmations, representations, and warranties in these Terms.
(iv) Your performance of obligations under this Agreement do not and will not violate any other agreement to which you or such entity is a party; and this Agreement constitutes a legal, valid and binding obligation of you.
15. THIRD-PARTY WEBSITES
Zuzulu Travel may contain links to third-party websites that are not controlled by Zuzulu Travel.
Zuzulu Travel has no control over, and assumes no responsibility for, the content, practices, or of any third-party websites or services.
If you access a third-party website from Zuzulu Travel, you do so at your own risk, and you understand that these Terms do not apply to your use of such sites.
You expressly relieve Zuzulu Travel from any and all liability arising from your use of any third-party website or third-party content.
Additionally, your dealings with or participation in promotions of advertisers found on Zuzulu Travel are solely between you and such advertisers. You agree that Zuzulu Travel shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
You agree to defend, indemnify and hold harmless Zuzulu Travel and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but
not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or work transmitted or received by you; (ii) your violation of any of these Terms, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country;
17. NOTIFICATION PROCEDURES
Zuzulu Travel may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you e-mail email notice, written or hard copy notice, or through conspicuous posting of such notice on our website.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Zuzulu Travel without restriction.
19. AGREEMENT TO ARBITRATE
We want to address your concerns without needing a formal legal case. Before filing a claim against Zuzulu Travel, you agree to try to resolve the dispute informally by contacting email@example.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days of submission, you or Zuzulu Travel may bring a formal proceeding.
You and Zuzulu Travel agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
You can decline this agreement to arbitrate by sending an email to firstname.lastname@example.org with the subject line OPT OUT and a message stating your full name and purchase order within 30 days of first accepting these Terms.
The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Seattle (WA), or any other location we agree to.
The AAA rules will govern payment of all arbitration fees.
Either you or Zuzulu Travel may assert claims, if they qualify, in small claims court in Seattle (WA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Zuzulu Travel agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Seattle County (WA). Both you and Zuzulu Travel consent to venue and personal jurisdiction there.
20. GOVERNING LAW
You agree that: (i) the Service shall be deemed solely based in Seattle (WA); and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Zuzulu Travel, either specific or general, in jurisdictions other than Washington. This Agreement shall be governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles.
If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Zuzulu Travel’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
We reserve the right to amend these Terms at any time and without notice. If we do this, we will post the amended Terms on this page and indicate the date the Terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future Terms, please do not continue to use the Service.
24. ENTIRE AGREEMENT
This Agreement, together with any other legal notices and agreements published by Zuzulu Travel, shall constitute the entire agreement between you and Zuzulu Travel concerning the Service.
Please contact us at email@example.com with any questions regarding this Agreement.
Last Updated: June 2016