BOOKING TERMS & CONDITIONS
These Booking Terms & Conditions (the “Terms”) will become the terms and conditions of the agreement between Hike Explore Recharge, LLC (HER) and you. It is important that you take time to read them carefully as they apply to bookings made through HER, a boutique tour operator curating specialized trips for Women in some of the most amazing destinations within the USA.
HER books trips on behalf of Client but all obligations and liabilities with respect to the trip are those of Client.
Everyone participating in a trip must complete and return a trip registration form, providing the requested personal details and confirming agreement to these Terms, to HER. If the trip registration form is not completed within one week of the deposit being paid, Client’s place on the trip may be forfeited. The Booking becomes effective, and these Terms apply once HER sends confirmation of registration to Client.
HER reserves the right to decline any request for any reason for participation in a trip.
Please be aware that these Terms and Conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses. By asking us to confirm your booking you are accepting all the Terms and Conditions laid out below and acknowledging that you have read the Terms of this Contract and agree.
If you are making a private booking as a group, the leader of the group (primary contact) is responsible for sharing these Terms and Conditions with all members of the group and is financially responsible for the booking. We will not be liable for a group leader’s failure to share these Terms and Conditions with all Clients in their group.
You represent and warrant that (a) you are of sufficient age to use our services and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these terms and conditions on their behalf, and (c) the information supplied by you, or members of your group is true and correct.
You as the Client
HER wants to make sure you (Client) understand and acknowledge your obligations and responsibilities set out in these Terms.
Only people 21 years or older may book an adventure.
HER is unable to provide for clients with limited mobility and all such assistance will need to be provided by whomever the Client is traveling with. Clients with disabilities must notify HER at the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel.
Violations by You
You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, and (c) your being denied access to the applicable travel related product or service.
Waiver of Rights
Be advised that because of the worldwide effects of COVID-19, HER cannot provide any assurance about conditions in any location, the methods used in any location to manage COVID-19, the services or amenities available in any location, or the effects of COVID-19 on any trip. Having been given this warning by HER, you acknowledge that participating in the trip has significant inherent risks and agree to waive any and all rights you may now have or may have in the future against HER for any damages, actions, causes of action, proceedings, suits, debts, dues, covenants, contracts, claims and demands as a result of any adverse circumstances caused by or arising from participation in the trip, including those related to delay, interruption or cancellation of some or all of the trip, which may cause the Client to have to remain in transit or stay at a location for longer than anticipated, all at the expense of Client.
Obligations and Recommendations of HER
HER recommends that Client check with a medical professional to make sure that Client is capable of taking a specific trip as HER is not able to assist with this assessment.
HER recommends that Client check their government travel advisories for destinations and other locations on route to the destination.
HER reserves the right to refuse or interrupt Client from participating in a trip if, in its sole discretion, HER determines doing so would cause harm to Client or others participating in the trip. If Client is stopped from participating in a trip, Client will not be entitled to any refund and any costs associated with Client leaving or being evacuated from a trip are the responsibility of Client.
Obligations and Acknowledgements of Client
Client must review and verify all details set out on the Booking, all itineraries and invoices upon receipt from HER and Client must immediately advise HER of any errors or omissions.
Client acknowledges the possibility of being required by any supplier operating as part of a trip to sign additional documents, including Medical Questionnaires, Waivers of Rights and additional terms and conditions, and being requested to provide additional information requested by the trip supplier, in order to participate in a trip. Client acknowledges the requirement by the supplier of a trip to update Medical Questionnaires prior to departure.
Client is responsible for complying with all customs, rules and procedures of the trip suppliers and failure to comply with all trip supplier customs, rules and procedures may result in Client being refused continued participation in the trip. No credit or refund will be provided to Client in such circumstances.
Client acknowledges that HER has strongly recommended that Client purchase travel insurance coverage for trip cancelation (including COVID-19), trip interruption (including COVID-19) and property.
Client shall be responsible for notifying HER of any special requirements regarding the travel arrangements, including the type of accommodation required and dietary requirements of Client, at the time of booking and will be responsible for any additional charges incurred to accomodate these requirements.
Client acknowledges that consumption of alcohol is trip specific, and only permitted when at fixed-roof accommodations or dining at local restaurants or licensed establishments.
Client acknowledges that use of illegal substances/drugs on a trip is not permitted and any such use will result in removal from the trip. No refund will be provided to Client if a trip is not completed due to removal for this reason and any costs incurred by Client due to such removal, including transportation, accommodation, meals, etc. will be the responsibility of Client.
Client acknowledges that Client may not be under the influence of alcohol or other intoxicant while participating in any outdoor activity on the trip. Client acknowledges that if the trip leader determines that Client is not in the appropriate condition to participate in any activity, for any reason, the guide has the absolute right to prevent participation by Client.
Client acknowledges that HER encourages a non-smoking environment on all trips and Client will not smoke in closed quarters, in vehicles or in the presence of other trip participants and only where permitted by local law.
If Client has a complaint it must be reported to the trip leader immediately so that HER can act quickly to rectify the situation.
HER shall not be liable for any damage or loss suffered by Client, including the inability to use any aspect of the trip, as a result of failing to comply with any of the obligations in this section of the Terms.
Price of Trip
All prices are for the trip only and do not include any transportation, unless otherwise stated.
All prices are for shared occupancy and single clients will be assigned a roommate by HER.
All prices are shown in US dollars and are current at date of printing this itinerary. HER reserves the right to adjust tour prices prior to final payment in the event of any circumstance beyond its reasonable control.
We reserve the right to make changes to and correct errors in advertised prices at any time before your travel is confirmed.
Agreed number of nights’ accommodation, breakfast and lunch daily, plus dinners as noted, entrance fees, and transportation between activities according to the individual tour itinerary.
Costs not Included
Our trip do not include airfares, transportation to and from the airport, taxes, travel and health insurance, telephone expenses, drinks unless specified, excess baggage charges, tips and services not otherwise listed and all items of a personal nature.The price does not cover costs and expenses, including your return home, if you leave the tour whether of your own volition, our decision based on behavior that disrupts the trip, due to illness, action by any government or other reason. This list is illustrative and not a complete list of every item not included.
Payment for Trip and Non-refundable Deposit
To confirm your booking, you will be asked to send us a $1000 non-refundable deposit, applied towards the cost of your trip. This constitutes the “deposit.” Payment of the deposit amount constitutes the client’s acceptance of these Terms and conditions.
Final balance is due 45 days prior to your intended departure date unless otherwise stated.
In certain cases, HER may be able to work with you to create a payment plan that helps you pay in full by 45 days out. Failure to make payments when due may result in cancellation of the trip, which will be considered Cancellation by Client and all HER cancellation fees and penalties will apply.
Payments will be made by Cash, Check, PayPal or Venmo.
Change in Itinerary
Trips are typically sold well in advance of travel dates and sometimes itineraries are modified or services not available.
You 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 planned for that region of the country, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to overriding circumstances or events.
HER tries to operate all trips as outlined in the itinerary, we reserve the right to change the trip itinerary.
Confirm Your Flight
HER advises you to personally re-confirm your flight schedule within 24 hours prior to departure directly with the airline in case of any last-minute changes or delays. Upon arrival at the destination it is your responsibility to meet the tour at the designated time and place.
HER will comply with the provisions of the Personal Information Protection and Electronic Documents Act and any other applicable privacy laws in its handling of private information. In particular it will:
1. Protect personal information held by it.
2. Identify the purpose of its collection and how it will be used.
3. Use the information collected only for the stated purpose.
4. Ensure that the information is accurate, complete and up to date.
5. Protect the information against loss or theft.
6. Report the theft of any information and notify the individual of all breaches where a “real risk of significant harm” to the individual is possible.
Photography & Video
On trips photos, video and audio recordings may be taken/recorded and posted by trip leaders. Client grants HER a perpetual, royalty-free, worldwide, irrevocable license to use all such images, recordings and postings in any fashion and for any purpose, including promotion, on its website and social media unless Client notifies HER otherwise in writing.
Indemnification by Client
Client undertakes and agrees to defend and indemnify HER and hold HER harmless, at client’s sole expense, from and against all claims, demands, suits, losses, costs, damages, and expenses that HER may sustain or incur by reason of:
(a) any breach of these Terms by Client;
(b) anything stated by Client that is contrary to any of these Terms or the terms and conditions of any trip supplier;
(c) a claim, demand or suit, etc. made by any of the suppliers of a trip for damages caused by Client;
(d) a claim, demand, suit, etc. made Client;
Client’s obligations in this section shall continue in force after completion of the trip by Client.
Changes to these Terms
HER may make changes to these Terms from time to time and all changes shall be binding.
Limitation of Liability
HER’s liability for any loss, damage or injury, whether to property, physical or mental, arising from its own acts, omissions or negligence, is limited to the amount paid directly to HER by Client, in relation to which any claim by Client, is made.
In no event shall HER be liable for any failure to perform HER’s obligations or delay in performing HER’s obligations where such failure or delay is due to events beyond HER’s control which prevents or delays the performance of HER’s obligations, including without limitation, nuclear or environmental catastrophes; natural disasters and extreme weather conditions; war, invasion, or similar hostilities; rebellion, revolution, insurrection; riots or civil unrest; strikes, lockouts and labour action; acts or threats of terrorism; epidemic, pandemic, or spread of disease; Acts of State or governmental restrictions; and loss or prolonged interruption of necessary utilities, communications or computer services. In any such circumstance, in which HER is prevented or delayed in the performance of its obligations, HER shall not be obliged to return any amount paid by Client.
In any event, the liability of HER arising out of force majeure event shall not exceed amounts paid directly by Client, to HER, and HER shall not be liable for any consequential or indirect damages or legal costs incurred by any party.
Notice may be provided by Client and HER by email and will be effective only when acknowledged by the other party.
If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any manner.
These Terms may be modified by HER at any time.
LAW GOVERNING TERMS
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, USA
FORUM FOR DISPUTES
The courts of the Commonwealth of Pennsylvania shall have exclusive jurisdiction over the resolution of any dispute, controversy or claim arising out of or in relation to these Terms or a trip.
SUCCESSORS AND ASSIGNS
These Terms shall be binding upon and shall inure to the benefit of Client/HER and their heirs, successors, administrators and assigns.
These Terms and Policies represent the complete understanding of Client/HER with respect to the booking of the trip and specifically exclude any representation made that is not included in these Terms and Policies.
No waiver of any provision(s) of these Terms shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.