At Your Service
If you’ve got questions about any of our trips, even one you’ve already booked, we’re here to help. Give us a call, shoot us an email, hit us up on a live chat or slide into our DMs. It’s all good. We’re here for you however you need us.
To help travelers feel confident about making a reservation, our “iamConfident Booking” policy lets you cancel and rebook your tour with no change fees up until about three months prior to the time of departure, giving you added flexibility and peace of mind.
General Terms and Conditions
By booking or participating in a Vacation event, service or tour described in an itinerary and any related products or services (a “Vacation”) with OUTbound, LLC, a California Limited Liability Corporation (“OUTbound, LLC”), Guest (“Guest” and/or“You”) agrees to these Terms and Conditions (the “Terms”). “Itinerary” refers to the particularized and/or itemized schedule for a Vacation as described in the trip overview listed on iamOUTbound.com. References herein to “Guest” or “You” shall apply to each and any of the following: a party participating in an offered Vacation event, tour or service and/or the party who purchases (or attempts to purchase) a Vacation event, tour or service for themselves and/or other individuals. By booking a Vacation, Guest acknowledges that you have read, understand and agree to be bound by these Terms. If you make a reservation on behalf of other participants, you guarantee that you have the authority to accept and do accept these Terms on behalf of the other participants in your party. The term “Vacation(s)” as used herein encompasses: travel planning and consultation, passage on cruises, charters, river boats, and other water vessels, leisure or adventure activities, tours, hotels, resorts, or other lodgings, restaurants or meal services, airline or other air travel, spa services, equipment rentals, expeditions, trip insurance and any other travel or travel related products offered or sold by OUTbound, LLC. The following Terms apply to all travel and travel related Vacations offered for sale by OUTbound, LLC and/or its officers, directors, employees, representatives, parent company, affiliates, agents, or subcontractors (hereinafter referred to as “OUTbound, LLC, “We,” or “Us”).
All reservation bookings of Vacations are subject to the Terms of OUTbound, LLC and of the Services(s) incorporated in a Vacation. From time-to-time, OUTbound, LLC makes arrangements with accommodation providers, activity providers, airlines, cruise lines, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your booking. Third Party Suppliers may also engage the services of local operators and sub-contractors. By making a reservation or booking a Vacation with OUTbound, LLC, you and every person(s) on your reservation agree to abide by all the Terms and Conditions of OUTbound, LLC and the applicable Third Party Suppliers without reservation, and to be bound by the limitations therein. If the Third Party Supplier’s Terms and Conditions are ever in conflict with the Terms of OUTbound, LLC, the Terms of OUTbound, LLC will control all issues relating to the liabilities and responsibilities of OUTbound, LLC.
These Terms outline financial penalties for cancelation and/or reservation modifications as well as certain Limitations of Liability. Guest hereby acknowledges that you have read these Terms and Conditions carefully, and have had the opportunity ask OUTbound, LLC any questions you have about these Terms and/or consult an attorney before you agree to be bound by them. Guest listed on a Vacation reservation acknowledges that they have read, understand and agree to these Terms and Conditions before making a reservation and have accepted the same by:
Clicking the online button labeled “I ACCEPT” while making a reservation online at iamOUTbound.com; or,
Digitally signing under the tab “MY TRIPS”; or,
Printing, signing, and mailing back to OUTbound, LLC (if booked outside of our online system).
Completing a reservation and participating in a Vacation event, tour or service with OUTbound, LLC is not possible without your acceptance of these Terms and Conditions.
1. THE RESERVATION CONTRACT
Your Vacation reservation is confirmed and a contract exists when OUTbound, LLC issues a written reservation confirmation after receipt of the applicable deposit amount. Please check your reservation confirmation carefully and report any incorrect or incomplete information to OUTbound, LLC or authorized agent immediately. Please ensure that names are exactly as stated in the relevant passport. You must be at least 18 years of age to make a Vacation event, tour or service reservation. You agree to provide full, complete and accurate information to OUTbound, LLC.
2. BOOKING ON BEHALF OF OTHERS
By making a Vacation reservation on behalf of other participants, you are deemed to be the designated contact person for every participant included on that Vacation reservation. This means that you are responsible for making all payments due in connection with your Vacation reservation, notifying OUTbound, LLC or your travel agent if any changes or cancelations are required and keeping your party informed.
By making a Vacation reservation on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and that OUTbound, LLC will under no circumstances be liable for any errors or omissions in the information provided to complete a Vacation booking.
Vacations, tours and services offered by OUTbound, LLC are available for purchase by residents of the United States who have all the requisite power and authority to enter into and perform the obligations under these Terms and have the legal authority to do so.
Vacations, tours and services are also available for purchase by international individuals of countries other than the United States, as long as they recognize that OUTbound, LLC is a United States business operated under the laws and regulations of the United States. Any disputes that may arise will be decided pursuant to United States law according to our Mandatory Binding Arbitration provision and Choice of Law clause outlined in these Terms.
4. REQUIRED MEDICAL INFORMATION
You must provide any medical information reasonably requested by OUTbound, LLC and may be required to complete OUTbound, LLC’s medical information form (the “Medical Form”), available on OUTbound, LLC’s website at iamOUTbound.com/medical_form.
If you have any pre-existing medical conditions which may impact your ability to travel, participate in a Vacation, travel to remote areas without access to medical facilities or may adversely affect the experience of others on your Vacation, you must return a Medical Form, signed by a licensed and practicing physician to OUTbound, LLC prior to or at the time of final payment for the applicable booking.
OUTbound, LLC reserves the right to request further information or professional medical opinions where necessary, as determined by OUTbound, LLC’s discretion, for your safety or the safe operation of a Vacation operated by OUTbound, LLC.
OUTbound, LLC reserves the right to deny you permission to travel or participate in any aspect of a Vacation at any time and at your own risk and expense where OUTbound, LLC determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others.
Pregnancy is considered a medical condition and must be disclosed to OUTbound, LLC at the time of booking. OUTbound, LLC may refuse to host women who are over 6-months (24-weeks) pregnant. OUTbound, LLC may refuse passage to anyone with certain medical conditions if reasonable accommodations or alternatives cannot be arranged.
In the event that you do not complete the required Medical Form or provide medical information reasonably required by OUTbound, LLC for any reason by the deadline indicated above, OUTbound, LLC reserves the right to cancel your Vacation booking and all applicable cancelation fees will apply.
You are responsible for assessing whether a OUTbound, LLC Vacation is suitable for you. You should consult your physician to confirm your fitness for travel and participation in any planned activities. You should seek your physician’s advice on vaccinations and medical precautions. OUTbound, LLC does not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the Vacation based on your own unique circumstances, limitations, fitness level and medical requirements.
Travel with OUTbound, LLC may involve visiting remote or developing regions, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country. The condition of medical facilities in the countries you may visit on your Vacation varies and OUTbound, LLC makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions. By booking a Vacation, you acknowledge the inherent risk of possible exposure to certain illnesses that may exist. You voluntarily assume all risks related to exposure and agree not to hold OUTbound, LLC or any of OUTbound, LLC’s affiliates, directors, officers, employees, agents, contractors, or Third Party Suppliers liable for any illness, injury, or death.
OUTbound, LLC is not responsible for the costs of any medical treatment you may require and/or receive during a Vacation and assumes no liability regarding administration or provision of medical care or lack thereof that you may receive while on a Vacation. YOU ARE RESPONSIBLE FOR RISKS ASSOCIATED WITH, AND COSTS, OF ANY AND/OR ALL MEDICAL TREATMENTS AND/OR EVACUATIONS YOU MAY REQUIRE AND/OR RECEIVE DURING YOUR VACATION. Guest releases OUTbound, LLC from any liability relating to any such medical care and agrees to be responsible for any and all expenses incurred for any medical care provided. Guest agrees that OUTbound, LLC assumes no responsibility, does not guarantee performance, and in no event shall be liable for any negligent or intentional acts or omissions, loss, damage, injury or delay to you and/or your property in connection with any given medical services and/or treatments.
5. SPECIAL REQUIREMENTS
Any special requirements must be disclosed to OUTbound, LLC at the time of booking. OUTbound, LLC will use reasonable efforts to accommodate special requirements or requests, but this is not always possible given the nature of the destinations visited and availability of options outside a planned Vacation itinerary. Certain activities may be inaccessible to you if your mobility is limited in any way. All food allergies and dietary restrictions must be disclosed to OUTbound, LLC at the time of booking, but OUTbound, LLC cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these Terms or the contract between you and OUTbound, LLC, and OUTbound, LLC is not liable for any failure to accommodate or fulfill such requests.
6. AGE REQUIREMENTS
The minimum age of any Guest traveling on an OUTbound, LLC vacation is 18-years. Anyone under the age of 18-years on the date of first travel is considered to be a minor. Unless otherwise indicated in the Vacation description issued by OUTbound, LLC, the minimum age for persons traveling on any OUTbound, LLC Vacation is 18-years-old. Guests over the age of 18 but younger than 21-years-old must travel with another person, 25-years-old or older, booked on the same reservation and staying in the same room. Any person(s) who submits a Vacation reservation for others must be over the age of 18 to purchase a Vacation and agree to OUTbound, LLC’s Terms and Conditions.
7. PRICES, SURCHARGES AND TAXES
OUTbound, LLC will not increase the price of your Vacation after you have secured your reservation by paying the required 25% deposit, unless you change and/or modify your Vacation reservation after entering into the approved contract, even if there are subsequent price increases on your room category after you have booked.
From time-to-time OUTbound, LLC may offer reduced pricing on certain Vacations, products or services. Reduced pricing applies only to new Vacation bookings. Bookings where payment of at least a deposit has been received by OUTbound, LLC are not entitled to reduced pricing.
All dates, itineraries and prices of offered Vacations are subject to change at any time and the current price will be quoted and confirmed at the time of booking, subject to any surcharges that may be levied in accordance with these Terms.
You acknowledge that you are responsible for keeping up to date on the specific details of your Tour and any other Vacation products or services, including, but not limited to checking OUTbound, LLC’s website at least 72-hours prior to departure as minor changes may have been made after the time of booking.
At the time of booking, a non-refundable deposit in the amount specified in the chart below, as applicable, per person per reservation is due to OUTbound, LLC. If the booking is made 60-days or less prior to departure, full payment is due at the time of booking. The non-refundable deposit should be paid to OUTbound, LLC as applicable.
Prices offered by OUTbound, LLC are contractual tariffs. No claim relating to the price of a Vacation will be considered once the reservation is secured by payment of the deposit. Unless otherwise stated in the description of the Vacation offer, the following are NOT included as part of the price advertised: a) port fees; b) resort fees; c) service fees; d) tips and gratuities; e) inspection fees; f) customs fees; g) immigration and naturalization fees; h) costs of Passports or Visas; i) foreign government departure taxes; j) airport parking; k) excess baggage charges; l) lost baggage; m) travel insurance including health, accidents, and trip cancelation; n) personal items such as incidentals and laundry; or any other services, activities or items not explicitly advertised as being included in the price of a Vacation in the description of Vacations offered by OUTbound, LLC.
All prices listed on our website or on printed materials are current at the time of publication and production and are subject to change without notice. In addition, Vacation specifics such as itineraries, pricing and policies are subject to change without notice. OUTbound, LLC strives to ensure all information listed is correct at the time of publication and updated as changes occur. However, any information contained herein, including but not limited to pricing, is subject to change without notice, and OUTbound, LLC reserves the right to refuse to honor any prices printed or quoted in error. OUTbound, LLC is not responsible for any misprints appearing in any online and/or printed media. All rates are subject to currency rate fluctuations at any time before or after your final payment.
Certain products or services offered by OUTbound, LLC may require you to make full payment at the time of booking. OUTbound, LLC will advise you of any such requirements prior to confirmation of the applicable reservation.
11. ADVERTISED PRICING IS BASED ON DOUBLE OCCUPANCY
Prices for our offered Vacations are per person, based on two people occupying a suite, stateroom or hotel room in all categories, unless otherwise noted.
Promotions, coupons and/or discounts offered by cruise lines/resorts, travel agents, and other Third Party Suppliers do not apply to charter travel. Additionally, all accepted promotions, discounts and coupons offered by OUTbound, LLC apply only to the qualifying Guest and are not valid outside of specific Vacations offered by OUTbound, LLC.
13. PAYMENT SCHEDULE AND CANCELATION PENALTIES
A 10% cancelation penalty of the total trip fare becomes due at the time of booking for each Guest listed on the reservation. OUTbound, LLC only accepts credit card or debit card payments via MasterCard, Visa or American Express.
Guests with current reservations in good standing (paid to date) will be permitted to cancel their confirmed reservation at any time prior to 90-days before the departure date and transfer 100% of paid travel funds to another OUTbound Vacation without penalty. Transfer of paid travel funds must be applied to another currently advertised OUTbound Vacation departing within 2 years (24 months) of the initial departure date of the originally scheduled trip. Guests must rebook their deferred travel at the same time as their reservation cancelation. Only one rebooking is permitted per original reservation.
Payment Schedule for all OUTbound, LLC trips (% of total) days before scheduled Vacation start date*:
Quarterly Payment Plan: A 25% deposit is due at the time of booking. Subsequent payments will be scheduled quarterly in three additional equal installments of 25% each between the time of booking and the final installment, which is due 90-days prior to scheduled Vacation start date.
25% – Due At Time of Booking
25% – First Quarterly Installment (based on length of time between booking and scheduled Vacation start date)
25% – Second Quarterly Installment
25% – Final Installment Due 90-days Prior to Event Start Date
Monthly Payment Plan: A 25% deposit is due at the time of booking. Subsequent payments will be scheduled in equal monthly installments between the time of booking and the final installment, which is due 90-days prior to the scheduled Vacation start date. The number of monthly payments will depend on how far in advance you have made your reservation.
Cancelation Penalties for all OUTbound, LLC trips (% of total) days before scheduled Vacation start date*:
10% – 300 or More Days Prior to Event Start Date
20% – From 299 to 240 Days Prior to Event Start Date
40% – From 239 to 180 Days Prior to Event Start Date
60% – From 179 to 120 Days Prior to Event Start Date
80% – From 119 to 90 Days Prior to Event Start Date
100% – 89 or Fewer Days Prior to Event Start Date
All percentages apply to the total cost of the Trip, including port charges, taxes and gratuities. These payments and penalties reflect OUTbound, LLC’s standard cancelation fees. However, some of our promotional offers are non- refundable and will be specifically noted on iamOUTbound.com.
* “Scheduled Vacation Start Date” refers to the advertised initial date of a scheduled Vacation. A Scheduled Vacation Start Date date being postponed due to forces outside of the control of OUTbound, LLC does not reset these Payment Schedule and Cancelation Penalty schedules. Payment Schedule and Cancelation Penalties will apply as measured from the originally scheduled Vacation start date, not the revised postponement date on which your Vacation actually departs. Therefore, regardless of the actual start date of a Vacation, for all Vacations postponed or otherwise delayed due to forces outside of the control of OUTbound, LLC, full cancelation charges will apply to any cancelations less than 90-days before the originally scheduled Vacation start date.
14. NAME CHANGES ON EXISTING RESERVATIONS
Any name changes or guests replacements on your reservation will require the assistance of an OUTbound, LLC agent. If the person being removed or replaced on your booking has paid for any part of the reservation, an authorization form signed by all involved parties is required. You will need to request an authorization change form from OUTbound, LLC. Once signed by all parties involved in the replacement or removal, return the form to OUTbound, LLC. This ensures that everyone involved with the change is fully aware of the requested change or replacement and has given OUTbound, LLC their permission in writing to make the noted change. A fee of $100 per person to change or replace a guest on your reservation will be charged. Changes are subject to any additional Third Party Supplier fees. All guest replacements must be completed at least 14-days prior to event start date.
15. NAME CORRECTIONS
It is the responsibility of each Guest to check the spelling of your full legal name to ensure the information entered during your booking matches your passport and/or proof of citizenship exactly. If a Guest name has been entered incorrectly, contact OUTbound, LLC directly and an Agent will make the necessary correction free of charge. Understand that corrections need to be requested BEFORE the manifest for your Vacation is generated (approximately 90-days prior to start date of a Vacation) and sent to the cruise charter company or resort property. Any name corrections requested AFTER the official cruise line’s/resort’s manifest has been generated, a name correction fee of $100 will be charged.
16. DECLINED PAYMENTS
If the credit card on file for your reservation is declined for a payment, OUTbound, LLC will contact you (or your agent) immediately to request your payment information be verified or to update your form of payment with another card. If five (5) business days pass without resolution, your reservation may be canceled and all payments up to that point forfeited.
17. OPTIONAL PRE/POST VACATION SERVICES
Optional pre/post Vacation event tours and/or services may require a minimum number of passengers in order to operate as scheduled. If OUTbound, LLC cancels an optional pre/post Vacation service, tour or activity, you will immediately receive a full refund. Any cancelation requests made by you for an optional pre/post service, tour or activity will be subject to current cancelation penalties of OUTbound, LLC or our Third Party Supplier for that event.
18. TRAVEL AGENTS/REPRESENTATIVES
OUTbound, LLC is not responsible for any representation or conduct of your travel agent or authorized representative, including but not limited to, any failure to remit your deposit or other funds to OUTbound, LLC, for which you shall at all times remain directly liable to OUTbound, LLC, or any failure to remit a refund from OUTbound, LLC to you. Further, receipt by your authorized agent of any Guest’s travel arrangements, terms and conditions, or any other communications, notices, or information from OUTbound, LLC shall constitute receipt of such materials by you.
19. DETAILS REQUIRED FOR BOOKING
As a condition of your Vacation booking, you must provide the information requested by OUTbound, LLC along with final payment. If you fail to supply information required by OUTbound, LLC, you will be liable for any costs, fees or losses including failure to obtain or provide that inclusion. In the event that you fail to supply information required by OUTbound, LLC, OUTbound, LLC also reserves the right to treat your Vacation booking (or any relevant component of your Vacation booking) as canceled and levy any cancelation fees deemed reasonable by OUTbound, LLC, at its sole discretion. The information required by OUTbound, LLC will vary by Vacation and will be communicated to you or to OUTbound, LLC’s authorized agent during the booking process. OUTbound, LLC will not be held responsible for any fees you incur as a result of errors, omissions, inaccuracies, late, misplaced or otherwise incomplete information you have provided.
Vacation prices do not include international or other airfare.
21. FINAL PAYMENT & ACCEPTANCE OF BOOKING
The confirmation sent by OUTbound, LLC or your travel agent will contain details of final payment required for any Vacation reservation. Payment of the balance of the price for any Vacation products or services booked is due 60-days before the departure date of the first product or service included in the applicable Vacation reservation. If full payment is not received by the applicable due date, OUTbound, LLC may, at its sole discretion, change the rate payable for the booking, or treat the booking as canceled and retain the deposit paid on the reservation as a cancelation fee. If a Vacation reservation is made less than 60-days before the departure date of the first product included in the applicable reservation, then the full amount must be paid at the time of Vacation booking unless other arrangements have been made prior with OUTbound, LLC. If, for any Vacation product or service booked, payment terms differ from those outlined in this section, the applicable terms will be communicated to you prior to booking and will also be detailed on the applicable invoice.
OUTbound, LLC is not responsible for any charges levied by third parties or financial institutions and payable by you as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by you to OUTbound, LLC.
22. CANCELATION BY THE PARTICIPANT
You may cancel your Vacation booking by notifying OUTbound, LLC in writing. Cancelation fees, if any, will be determined with reference to the date on which written notice of cancelation is received by OUTbound, LLC and are expressed as a percentage of the total price paid for the canceled Vacation reservation, product or service (excluding any insurance products). Refer to Cancelation Penalty section of these Terms for exact fee schedule.
23. GUARANTEED DEPARTURES AND CANCELATION OF A TOUR BY OUTBOUND, LLC
A departure date for a Vacation offered by OUTbound, LLC will become a guaranteed departure when at least one booking secured by a valid deposit has been made on that departure.
OUTbound, LLC guarantees that all scheduled Vacation departures booked and secured with a valid deposit will depart as indicated on the applicable confirmation, subject to reasonable itinerary changes as described in these Terms or good faith health and safety concerns. This guarantee is not applicable in the case of Force Majeure. Up-to-date Vacation and itinerary information is available on OUTbound, LLC’s website or by contacting OUTbound, LLC. Brochures and other printed materials displaying Vacation information and departure dates are subject to change and may not be relied upon for purposes of this guarantee.
If a Vacation is canceled by OUTbound, LLC before the date of departure for reasons other than Force Majeure and the cancelation is not caused by your fault or negligence, you will have the choice of accepting from OUTbound, LLC: (a) a substitute Vacation of equivalent or superior value; or (b) a substitute Vacation of lesser value if no Vacation of equivalent or superior value is reasonably available and to recover from OUTbound, LLC the difference in price between the price of the Vacation originally purchased and the substitute Vacation; or (c) a full refund of all monies paid for the canceled Vacation reservation.
OUTbound, LLC is not responsible for any incidental expenses or consequential losses that you incur as a result of the canceled booking including visas, vaccinations, non-refundable flights or rail, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment. OUTbound, LLC reserves the right to issue a full refund in lieu of the choices above, at its sole discretion. Where a significant element of a Vacation as described cannot be provided after departure, OUTbound, LLC will make suitable alternative arrangements where possible. If it is not possible to provide a suitable alternative or if you reasonably reject any suitable alternatives, OUTbound, LLC may provide you with a refund for unused products or services as determined at its discretion.
CALIFORNIA AND ILLINOIS RESIDENTS ONLY:
Upon cancelation of a Vacation, transportation or travel service, where the Guest is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the Guest at the time of booking, all sums paid to OUTbound, LLC for services not provided will be promptly refunded to the Guest, unless the Guest advises OUTbound, LLC in writing, after cancelation. In California, this provision does not apply where OUTbound, LLC has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, OUTbound, LLC must provide the Guest with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.
24. TRAVEL DOCUMENTS
It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies. You must have a passport that is valid 6-months after the last date of travel with OUTbound, LLC as set out on your Vacation itinerary. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the Vacation, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by OUTbound, LLC that is a direct result of your failure to secure or be in possession of proper travel documentation. Some countries may deny your entry due to current and/or past legal issues. It is the responsibility of the Guest to check with the consulate to ensure any legal issues past and/or present do not prevent you from entering any countries you may be visiting on your Vacation with OUTbound, LLC. OUTbound, LLC does not provide advice on travel documents and makes no representations or warranties as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and you agree that OUTbound, LLC is not responsible for any errors or omissions in this information. OUTbound, LLC is not responsible for a Guest’s missing and/or incorrect required proper identification or denied entries/denied boarding.
25. FLEXIBILITY AND UNUSED SERVICES
You acknowledge that the nature of travel requires flexibility and acknowledge that you will permit reasonable alterations to Vacation products, services or itineraries by OUTbound, LLC. The route, schedules, accommodations, activities, amenities and mode of transportation of a Vacation are subject to change without notice due to unforeseeable circumstances or events outside the control of OUTbound, LLC (including but not limited to Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events and entry or border difficulties). No reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of OUTbound, LLC, including your removal from a Vacation event because of your negligence or breach of these Terms.
Changes made by OUTbound, LLC: OUTbound, LLC may modify your Vacation itinerary where reasonably required at its sole discretion. If OUTbound, LLC makes a change affecting at least one in three full days of the Vacation itinerary or which materially affects the character of a Vacation product or service in its entirety (a “Material Change”), OUTbound, LLC will provide notice to you as soon as reasonably possible, provided that there is sufficient time to do so before departure. If a Material Change is made more than 14-days before departure, you may choose to: a) accept the Material Change and proceed with the amended Vacation product or service; b) book another Vacation product or service of equal or greater value, if available (you will be responsible for paying any difference in price); or c) book another Vacation product or service of lesser value, if available (with a refund payable to you for the difference in price).
You must notify OUTbound, LLC of your choice within 7-days of receiving notice or you will be deemed to accept the amended Vacation itinerary.
Once a Vacation event has departed, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment or comfort. Any changes are at the discretion of OUTbound, LLC. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel with OUTbound, LLC, whether or not such expenses arise from a change of a Vacation itinerary, and OUTbound, LLC is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. OUTbound, LLC will not be liable for any indirect and/or consequential losses associated with any changes to a Vacation booking or itinerary.
Changes made by you: You are responsible for ensuring that information provided to OUTbound, LLC is accurate and up-to-date. Any changes to your name on any Vacation booking are subject to OUTbound, LLC’s approval. Any changes to a booking depend on availability and are subject to OUTbound, LLC’s approval and these Terms. Any extra costs incurred for making the change will be charged to you along with an administrative fee. Cancelation of any Vacation event, product or service included in a booking will not be considered a change for purposes of this section and will be governed by the applicable cancelation terms. No changes are permitted to any Vacation booking within 10-days of departure of the first Vacation product or service on the applicable booking.
27. ACCEPTANCE OF RISK
You acknowledge that travel and the Vacation products and services offered by OUTbound, LLC may involve a significant amount of risk to your health and safety. By traveling with OUTbound, LLC you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risks and release OUTbound, LLC from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in some Vacation event itineraries or otherwise offered by OUTbound, LLC. OUTbound, LLC requires that you confirm your assumption of this responsibility by completing and accepting the participation Terms (the “Terms”) prior to departing on your Vacation tour. The Terms acceptance is available at iamOUTbound.com/terms-conditions/acceptance/.
You acknowledge that the degree and nature of personal risk involved depends on the Vacation products or services booked and the location(s) in which a Vacation product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with developing infrastructure. Standards of hygiene, accommodation and transport in certain countries where Vacation events and tours take place are often lower than the standards you may reasonably expect in your home country or region. You agree that OUTbound, LLC is not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where a Vacation event, tour, product or service is operated. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.
You must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should you fail to comply with the above or commit any illegal act when on a Vacation event or tour or, if in the opinion of OUTbound, LLC (acting reasonably), your behavior is causing or is likely to cause danger, distress or material annoyance to others, OUTbound, LLC may terminate your travel arrangements on any Vacation product or service immediately at your expense and without any liability on OUTbound, LLC’s part. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals.
You are responsible for any costs (including repair, replacement and cleaning fees) incurred by OUTbound, LLC or OUTbound, LLC’s suppliers for property damage, destruction or theft caused by you while on a Vacation event or tour. You agree to immediately report any pre-existing damage to a representative of OUTbound, LLC and staff of the accommodation, transportation service, or facility as soon as possible upon discovery.
You agree to take all prudent measures in relation to your own safety while on a Vacation event or tour including, but not limited to, the proper use of safety devices (including seat belts, harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither OUTbound, LLC nor its Third Party Suppliers (as defined herein) are liable for loss or damages caused by your failure to comply with safety instructions or warnings.
You agree to bring any complaints to OUTbound, LLC as soon as possible in order to provide OUTbound, LLC with the opportunity to properly address such complaint. You agree to inform your tour leader, another representative of OUTbound, LLC or OUTbound, LLC’s customer service department directly. OUTbound, LLC assumes no liability for complaints that are not properly brought to the attention of OUTbound, LLC and cannot resolve or attempt to resolve complaints until proper notice is provided. Any complaint made after the completion of a Vacation event or tour must be received in writing by OUTbound, LLC within 30-days of the last day of travel of the booking in question.
28. OUTBOUND, LLC IS NOT LIABLE FOR THIRD PARTY SUPPLIERS
OUTbound, LLC makes arrangements with accommodation providers, activity providers, airlines, cruise lines, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your booking. Third Party Suppliers may also engage the services of local operators and sub-contractors. Although OUTbound, LLC takes all reasonable care in selecting Third Party Suppliers, OUTbound, LLC is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third Party Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and OUTbound, LLC does not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.
OUTbound, LLC is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than OUTbound, LLC and its employees.
OUTbound, LLC is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.
29. HOTEL FEES
Any hotel that requires a Guest to pay a “Resort Fee,” “City Tax” and/or “Tourist Tax” upon arrival at the hotel property will be the responsibility of the Guest to be paid directly to the property in local currency upon arrival. In cases where OUTbound, LLC is unable to pre-pay these taxes and/or fees on behalf of a Guest, OUTbound, LLC shall not be held liable to any person for reimbursement of these taxes and/or fees.
30. OPTIONAL EXTRAS
“Optional Extras” refers to any activity, tour, transportation, meal, product or service not expressly included in the Vacation event or tour itinerary or price of the Vacation event or tour and which does not form part of the Vacation event or tour. You agree that any assistance given by OUTbound, LLC’s representative(s) in arranging, selecting, or booking, any Optional Extras is purely at your request and OUTbound, LLC makes no warranties and expressly disclaims any liability whatsoever arising from participation in Optional Extras or any information provided by any representative of OUTbound, LLC regarding any Optional Extras. Optional Extras are non-transferable and non-refundable after booking, including, but not limited to, cancelation of port by a Cruise Line or weather issues. By booking an Optional Extra, you acknowledge that excursions cannot be canceled for any reason including but not limited to, regret of purchase, double booking, lack of preparation, etc. Additionally, while no revisions of the itinerary are anticipated, OUTbound, LLC reserves the right to change any tour, schedule, or price, or to substitute stops and attractions on any tour without notice, and to use substitute equipment as necessary.
OUTbound, LLC and its Third Party Suppliers reserve the right to require a minimum number of passengers to operate any tour. A tour canceled by OUTbound, LLC or its Third Party Suppliers will be promptly refunded. OUTbound, LLC shall not be held responsible for any intentional or unintentional or careless actions or omissions on part of its Third Party Suppliers which might result in any loss, damage, delay, or injury to Guest or other persons in the travel group. By participating in an Optional Extras program, you confirm that you will not, at any time, dispute any charges or process a charge back with your credit card company. Should a credit card dispute or charge back occur, you agree to pay OUTbound, LLC for any costs involved in said dispute or charge back including but not limited to bank fees, legal fees and administrative costs.
You release OUTbound, LLC from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to or arising from participation in or booking of Optional Extras. Guest acknowledges and agrees that any liability for loss, damages, death, personal injury, illness, emotional distress, mental suffering or psychological injury or loss of or damage to property associated with an Optional Extras is the sole responsibility of the Third Party Supplier providing that service or activity.
OUTbound, LLC is acting as intermediary or as an agent for Third Party Suppliers, airlines, cruise lines, hotels/resorts, transportation companies, tour companies, restaurants, etc., in selling Vacations or in accepting reservations or bookings for Vacations which are not directly supplied by OUTbound, LLC. OUTbound, LLC and its parents, subsidiaries and their respective employees, affiliates, officers, directors, successors, representatives, and assigns shall not be held liable for: a) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and b) any loss or damage due to delay, cancelation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against OUTbound, LLC for any such loss, damage, injury, or death.
In the event that any loss, death, injury or illness is caused by the negligent acts or omissions of OUTbound, LLC or of the Third Party Suppliers of any services which form part of the booking contract then OUTbound, LLC limits its liability, where applicable by all applicable international conventions.
Carriage of passengers and their luggage by sea is governed by the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (PAL), as amended (the “Athens Convention”) which is expressly incorporated into these Terms and any liability of OUTbound, LLC and the Carrier (as that term is defined in the Athens Convention) for death or personal injury or for loss or damage to luggage arising out of carriage by sea will be determined solely in accordance with this Convention. The Athens Convention limits the Carrier’s liability for death or personal injury or loss or damage to luggage and makes special provision for valuables. It presumes that luggage has been delivered undamaged to the Guest unless written notice is given to OUTbound, LLC and/or the Carrier: (a) in the case of apparent damage, before or at the time of disembarkation or redelivery; or (b) in the case of damage which is not apparent or of loss, within 15-days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place.
Any damage payable by OUTbound, LLC up to the Athens Convention limits will be reduced in proportion to any contributory negligence by you and by the maximum deductible specified in Article 8 (4) of the Athens Convention. A .pdf copy of the Athens Convention is available from OUTbound, LLC upon request.
In so far as OUTbound, LLC may be liable to you with respect to claims arising out of carriage by sea, OUTbound, LLC is entitled to all the rights, defenses, immunities and limitations available, respectively, to the actual carrier and under the relevant Conventions, and nothing in these Terms will be deemed as a surrender thereof. To the extent that any provision in these Terms is made null and void by the Athens Convention or any legislation compulsorily applicable or is otherwise unenforceable, it shall be void to that extent but not further. OUTbound, LLC’s liability will not at any time exceed that of the carrier under its Conditions of Carriage and applicable or incorporated conventions or other legislation. Any liability in respect of death and personal injury and loss of and damage to luggage which OUTbound, LLC may incur, whether under the contract with you in accordance with these Terms or otherwise, will always be subject to the limits of liability contained in the Athens Convention for death or personal injury.
Notwithstanding anything to the contrary elsewhere in these Terms, OUTbound, LLC will not in any circumstances be liable to you for any loss or anticipated loss of profit, loss of enjoyment, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature.
For claims not involving personal injury, death or illness or which are not subject to the Conventions referred to above, any liability OUTbound, LLC may incur for the negligent acts or omissions of its suppliers will be limited to a maximum of the price which you paid for the applicable Vacation event or tour, not including insurance premiums and administration charges. Where this relates to loss or damage to luggage and other personal possessions the OUTbound, LLC liability will not exceed $1,000 USD. OUTbound, LLC will not at any time be liable for any loss of or damage to valuables of any nature. You agree that you will be precluded from making a double recovery by making the same claims and seeking recovery against OUTbound, LLC and its suppliers, contractors or other third parties.
32. LIMITATION OF LIABILITY
OUTbound, LLC cannot control the circumstances, causes, effects, mechanical failure, weather, strikes, bankruptcies, etc., of our Third Party Suppliers, nor shall OUTbound, LLC be held liable by any Guest for any such event. It is absolutely clear in your acceptance of these Terms and your participation in this Vacation that OUTbound, LLC cannot guarantee the scheduled services of airlines, flight times, hotels, shows, attractions, restaurants, transportation, etc., or anticipate any unforeseen changes that might occur to the planned Vacation itinerary or any event in the future.
Therefore, AT NO TIME, IN NO EVENT OR UNDER ANY CIRCUMSTANCE SHALL OUTBOUND, LLC BE HELD LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF OPPORTUNITY OR OTHER PECUNIARY LOSS, EVEN IF OUTBOUND, LLC HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES OR LOSSES, WHETHER SUCH LIABILITY IS BASED UPON CONTRACT, TORT, NEGLIGENCE OR OTHER LEGAL THEORY. IN NO EVENT SHALL OUTBOUND, LLC’S TOTAL AGGREGATE LIABILITY TO THE GUEST FOR CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY THE GUEST TO OUTBOUND, LLC UNDER THIS AGREEMENT.
OUTBOUND, LLC OFFERS VARIOUS SERVICES PROVIDED BY THIRD PARTY SUPPLIERS AS CONTRACTED SERVICES. OUTBOUND, LLC RETAINS NO OWNERSHIP INTEREST, MANAGEMENT, OR CONTROL OF ANY THIRD PARTY SUPPLIERS IT CONTRACTS WITH. TO THE FULLEST EXTENT PERMITTED BY LAW, OUTBOUND, LLC DOES NOT ASSUME LIABILITY FOR ANY ILLNESS, INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF ANY THIRD PARTIES (INCLUDING THIRD PARTY SUPPLIERS), GOVERNMENTAL AUTHORITY, OR ACTS ATTRIBUTABLE TO YOU YOURSELF, INCLUDING, WITHOUT LIMITATION, NEGLIGENT OR RECKLESS ACTS.
33. FORCE MAJEURE
OUTbound, LLC will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for OUTbound, LLC’s failure to commence, perform or complete any duty owed to you 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 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 wheresoever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of OUTbound, LLC; or an event which OUTbound, LLC or the Third Party Supplier of services, even with all due care, could not foresee any and all of which, individually and collectively, constitute “Force Majeure”. “Force Majeure” refers to any event beyond OUTbound, LLC’s reasonable control, including but not limited to severe weather, fire, flood, mudslides, earthquakes, war, labor disputes, strikes, political unrest, natural or nuclear disaster, epidemics, pandemics, World Health Organization’s advisories and/or alerts, Center for Disease Control’s advisories and/or alerts, U.S. State Department’s advisories and/or alerts, any order of any local, provincial or federal government authority, interruption of power services, terrorism or any other causes beyond the control of OUTbound, LLC or deemed by OUTbound, LLC to constitute a danger to the safety and well-being of our Guests. OUTbound, LLC shall not be responsible for failure to perform any of its obligations under this Agreement during any period in which such performance is prevented or delayed due to “Force Majeure”. Any additional charges incurred arising from the postponement, delay, or extension of a Vacation or adjustment to a Vacation itinerary due to Force Majeure will be the Guest’s responsibility. Guest accepts that cruise captains have full authorization to modify itineraries in the interest, enjoyment, and safety of the passengers and vessel. OUTbound, LLC reserves the right to adjust the itinerary of a Vacation or change the modes of ground, sea, and/or air travel, change the quality of accommodations or otherwise change the Vacation without prior notice. OUTbound, LLC accepts no liability for loss of enjoyment as a result of these changes. OUTbound, LLC will attempt to provide advanced notice of any changes to a Vacation itinerary or services to the extent possible. Furthermore, OUTbound, LLC reserves the right to cancel any Vacation service or tour described in an itinerary due to “Force Majeure”. In such cases, all payments will be refunded without further obligation on OUTbound, LLC’s part. If a Guest leaves a Vacation at any time, all return fares and other expenses will be assumed by the Guest.
34. IMAGES AND MARKETING
You agree that, while participating in any Vacation event or tour, images, photos or videos may be taken by other participants, OUTbound, LLC or its representatives that may contain or feature you. By participating in a Vacation, Guest consents to any such pictures being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to OUTbound, LLC, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, social media platforms, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you. This consent shall continue globally and into perpetuity. Guest understands and agrees that these materials shall be the property of OUTbound, LLC and will not be returned. You hereby hold harmless, and release OUTbound, LLC from all liability, petitions, and causes of action which you, your heirs, representative, executors, administrators, or any other persons may make while acting on your behalf or on behalf of your estate. Note that photographs and illustrations appearing in marketing materials, social media posts and/or descriptions are for illustrative purposes only. These images are not contractual nor are they to be construed as a guarantee of the conditions of the Services pictured at the time of your Vacation.
35. GUEST CONDUCT RESPONSIBILITIES
All Guests will be required to agree to the Code of Conduct of the Cruise Supplier and/or the Hotel/Resort property during their Vacation and follow those guidelines to the best of their abilities. Guest understands that their participation in a Vacation may be terminated at any time if Guest is disciplined by any civil or criminal authorities, our OUTbound, LLC’s Third Party Suppliers, or if OUTbound, LLC, at its sole discretion, determines that Guest’s conduct or behavior is incompatible with the interests, safety, or welfare of other guests, our Third Party Suppliers, their employees, or independent contractors.
OUTbound, LLC has a zero tolerance policy for any non-consensual sexual contact, harassment of other guests or Third Party Suppliers or their employees, or threatening behavior by a Guest. Immediate termination of a Vacation will result for conduct violations, resulting in mandatory disembarkation from the ship/removal from the resort with no refund for any unused portion of the fare or other pre-purchased items including your excursions, pre/post accommodations, or return airfare. Guest is responsible for arranging and paying for their own substitute travel and accommodations, if necessary.
36. REQUIRED LEGAL COMPLIANCE
OUTbound, LLC requires all Guests obey the local laws of the places visited on their Vacation, including restrictions regarding alcohol consumption and local medicinal and/or recreational drug usage laws. OUTbound, LLC is not liable or responsible for any damages, costs and/or added expenses incurred as a result of failure by Guest to obey any local or federal laws. If a Guest is detained, arrested, or otherwise held for failing to meet these requirements, Guest is responsible for satisfying any monetary bail or release requirements on their own and arranging and paying for their own substitute travel and accommodations, if necessary.
38. NO SOLICITATION
Guest agrees not to solicit other guests, employees, agents or other participants for commercial purposes or advertise any products or services while participating in a Vacation without OUTbound, LLC’s prior written consent. Any form of unauthorized solicitation will result in mandatory disembarkation from the ship or removal from the hotel/resort property with no refund for any unused portion of the fare or other purchased items or services including your excursions, pre/post accommodations, and return airfare.
If any provision of these Terms is so broad as to be unenforceable and/or any provision, or portion of a provision, in these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Guest and OUTbound, LLC agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision. The invalidity or unenforceability of any provision hereof will in no way affect the validity or enforceability of any other provision. Notwithstanding any other provisions of these Terms, or any contrary general legal principles, any provision of these Terms and Conditions that imposes or contemplates continuing obligations on a party will survive the termination or expiration of these Terms and Conditions.
40. CONTRACT PARTIES AND SUCCESSORS
These Terms will inure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors and assigns.
41. APPLICABLE LAW
The Contract and these Terms are subject to the laws of the State of California, USA and you submit to the exclusive jurisdiction of the courts located in Sacramento, California, USA for the resolution of any dispute under these Terms or concerning any Vacation event or tour, product or service.
OUTbound, LLC reserves the right to update or alter these Terms at any time, and will post the amended Terms on OUTbound, LLC’s website at iamOUTbound.com/terms-conditions/. Any amendment will take effect 10-days after being posted to OUTbound, LLC’s website. An up to date copy of these Terms, as amended, may be accessed at any time on OUTbound, LLC’s website and will be sent to you upon written request to OUTbound, LLC. You are deemed to have accepted any amendments to these Terms on the date that is 10-days after their posting on OUTbound, LLC’s website. OUTbound, LLC recommends that you refer to the Terms prior to travel to familiarize yourself or yourselves with the most up-to-date version available.
By booking or traveling on a Vacation event or tour, you certify that you do not have any mental, physical, or other condition that would create a hazard for yourself or other participants. OUTbound, LLC reserves the right at their sole discretion to accept, decline or remove any person on a Vacation event or tour. OUTbound, LLC reserves the right, without penalty, to make changes in the published itinerary whenever, in their judgment, they deem it necessary for your comfort, convenience, or safety and in accordance with these Terms.
OUTBOUND, LLC, ITS PARENTS, SUBSIDIARIES AND THEIR RESPECTIVE EMPLOYEES, AFFILIATES, OFFICERS, DIRECTORS, SUCCESSORS, REPRESENTATIVE AND ASSIGNS (COLLECTIVELY DEFINED AS “OUTBOUND, LLC”) ARE NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY.
OUTbound, LLC shall not be held liable for: a) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and b) any loss or damage due to delay, cancelation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against OUTbound, LLC for any such loss, damage, injury, or death.
Any notices required or permitted hereunder shall be given:
If to OUTbound, LLC, via certified mail, return receipt requested, addressed to:
OUTbound, LLC; 9630 Bruceville Road, Suite 106-288; Elk Grove, California 95757
If to OUTbound, LLC, via email to: info@iamOUTbound.com
If to Guest, notice will be sent to the email or physical address provided by Guest during the registration process. Such notice shall be deemed given: upon personal delivery; if sent by electronic mail, upon confirmation of receipt; or three (3) days after the date of mailing if sent by registered/certified mail, postage prepaid.
44. SELLER OF TRAVEL REGISTRATION INFORMATION
OUTbound, LLC is registered with the California Department of Justice. CST #2145200-50
Registration as a seller of travel does not constitute approval by the State of California. California law requires certain sellers of travel to have a trust account or bond to protect consumer’s money. OUTbound, LLC has a bond in the amount of $25,000.00 with Western Surety Company.
OUTbound, LLC is registered with the Travel Consumer Restitution Corporation. TCRC #604476
44. DISCLAIMER OF WARRANTIES
UNLESS OTHERWISE STATED, ALL GOODS, SERVICES AND EXPERIENCES OFFERED BY OUTBOUND, LLC ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO ANY AND ALL APPLICABLE LAW, OUTBOUND, LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, TITLE, UNINTERRUPTED SERVICE, AND ANY WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE FOR ALL GOODS AND SERVICES SOLD BY AND/OR THROUGH OUTBOUND, LLC. If the applicable law in your jurisdiction does not allow the exclusion of implied warranties, the above exclusions may not apply to you.
45. INDEMNIFICATION & RELEASE
Except as otherwise set forth herein, Guest hereby releases OUTbound, LLC from any and all liability, loss, expense, damages, or claims arising out of or resulting from Guest’s participation in a Vacation event, tour or service, whether caused by the negligent or reckless conduct of Guest, a Supplier or Third Party Supplier, a provider of accommodations, another third party, or otherwise.
Further, Guest hereby also agrees to indemnify, defend and hold harmless OUTbound, LLC from all and against any and all damages, losses, claims, liabilities, deficiencies, costs, fees (including reasonable attorneys’ fees) and expenses, arising out of any claim brought against OUTbound, LLC regarding, resulting, or arising from Guest’s participation in a Vacation event, tour or service or Guest’s performance of this Terms and Agreement.
46. RESOLUTION OF DISPUTES
Binding Arbitration, Governing Law, Jurisdiction, Venue, etc.
These Terms and Conditions and the relationship between Guest and OUTbound, LLC will be governed by the laws of California without regard to its conflict of law provisions.
Guest agrees that you and OUTbound, LLC shall attempt in good faith to resolve any dispute concerning, relating, or referring to a Vacation event, tour or service, Services sold by OUTbound, LLC or a Third Party Supplier, OUTbound, LLC’s website, any literature or materials concerning OUTbound, LLC, and these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof, (hereinafter a “Dispute”) through preliminary negotiations. If the Dispute is not resolved through good faith negotiation, Dispute(s) shall be resolved exclusively by binding arbitration held in California and presided over by one (1) arbiter. The arbitration shall be administered by American Arbitration Association (AAA) or a similar ADR organization pursuant to AAA Commercial Arbitration Rules and Mediation Procedures and in accordance with the Expedited Procedures in those Procedures. The arbitrator’s decision shall be final and binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration the other party is entitled to costs of suit including a reasonable attorney’s fee for having to compel arbitration. Nothing herein will be construed to prevent any party’s use of injunction, and/or any other prejudgment or provisional action or remedy. Any such action or remedy shall act as a waiver of the moving party’s right to compel arbitration of any dispute.
Guest agrees that you and OUTbound, LLC will submit to the personal jurisdiction of the federal and state courts located in California with respect to any legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or a Dispute. The Guest and OUTbound, LLC agree the exclusive venue for any and all legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or a Dispute, shall be the federal and state courts located in California, and to irrevocably submit to the jurisdiction of any such court in any such action, suit or proceeding and hereby agrees not to assert, by way of motion, as a defense or otherwise, in any such action, suit or proceeding, any claim that: a) he, she or it is not subject personally to the jurisdiction of such court; b) the venue is improper; or c) this agreement or the subject matter hereof may not be enforced in or by such court. GUEST RECOGNIZES, BY AGREEING TO THESE TERMS AND CONDITIONS, THAT YOU AND OUTBOUND, LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY BINDING ARBITRATION PROVISION. Guest further agrees that you will not file any complaints through any Better Business Bureau or similar organization prior to completing the Dispute resolution procedures described above (mandatory binding arbitration, etc.). Should you file a complaint through any Better Business Bureau or similar organization, this action will void any potential claim and/or any compensation reimbursements that may have previously been decided. In addition, you fully understand and agree that the defense of any complaint filed with the Better Business Bureau or similar organization will result in the defense of the contract with all costs being the responsibility of the Guest as outlined above.
47. ATTORNEY’S FEES, COSTS, AND EXPENSES OF SUIT
If any act of law or equity, including any Arbitration Proceeding or an action for declaratory relief, is brought to enforce, interpret or construe the provisions of these Terms and Conditions, a Vacation event, tour or service, or any literature or materials concerning OUTbound, LLC or your Vacation event, tour or service, the prevailing party shall be entitled to recover actual reasonable attorney’s fees, costs, and expenses.
48. INUREMENT AND ASSIGNMENT
This Terms and Conditions Agreement shall inure to the benefit of and be binding upon the parties hereto, and each of them, and their respective heirs, executors, administrators and assigns, though Guest may not assign their rights or obligations hereunder without the prior written consent of OUTbound, LLC.
49. WAIVER, ETC.
No delay or failure by either party to exercise or enforce at any time any right or provision hereof will be considered a waiver thereof of such party’s rights thereafter to exercise or enforce each and every right and provision hereof. No single waiver will constitute a continuing or subsequent waiver. OUTbound, LLC does not guarantee it will take action against all breaches of these Terms and Conditions. No waiver, modification, or amendment of any provision hereof will be effective unless it is in a writing signed by both the parties.
Upon acceptance of these Terms and Conditions, Guest agrees to be responsible for any error in the accuracy of information they provide OUTbound, LLC, and warrants that the Guest, after consideration and with an opportunity to consult legal counsel, shall be bound by these Terms and Conditions, including the Limitations of Liabilities and Cancelation Policies herein. This is a fully enforceable and legally binding agreement.