Terms and Conditions
TERMS AND CONDITIONS
These terms and conditions create a contract between you (“Tour Participant”) herein referred to individually as, “Participant,” and collectively, “Participants” and Moraway Adventures, LLC, its owners, employees, shareholders, affiliated entities, agents, representatives, officers, directors, associates, successors and assigns (collectively, “MA, LLC” “we,” “our,” or “us”) To confirm your understanding and acceptance of these binding Terms and Conditions, please read carefully, and acknowledge your understanding and acceptance of these binding Terms and Conditions.
By submitting a trip Reservation Form, paying the Initial Deposit or signing the Waiver of Liability/Release of Liability Assumption of Risk, you accept all of the terms in this Agreement on your own behalf and on behalf of all persons listed on the booking, including any minor under your custody, guardianship, care or control (“Minor” or “Child”) and direct us to perform tour booking services for each and every Participant. You affirm that you have made all other Participants traveling with you aware of these Terms, regardless of how final payment is made, and that all Participants in your party accept these terms. The written confirmation of reservation by us constitutes a binding and enforceable agreement between the Participants.
Reservations and Payment
Reservations are accepted when the Initial Deposit, including our trip planning service fee, is received with a completed Reservation Form signed by each adult 18 years or older.
Per person initial, non-refundable deposit requirements are 20% of trip cost.
Your trip deposit includes a non-refundable fee for MA, LLC’s trip planning services and a portion will be forwarded to independent contractors (“Third Party Suppliers”) at the identified destination(s) of travel (“Destination(s)”) who are contracted to provide certain services in relation with the proposed travel.
Additional deposits may be required by local Third-Party Suppliers prior to your final payment, especially in peak seasons, or if fees, entries, or permits must be purchased in advance. A statement of account is provided for payments due including applicable cancellation penalties. Trip balance is due 90 days prior to departure or as indicated. Failure to deliver complete payment on schedule is considered notification of cancellation by default and subject to cancellation charges. Initial deposits and trip payments may be made by cash, check or credit card As a condition of paying by credit card, Participant agrees to pay MA, LLC’s reasonable attorney’s fees should they file a credit card chargeback claim and not prevail.
Upon receipt of your deposit and Reservation Form we provide detailed pre-departure information including immunization information, visa and other permit forms (if needed), trip insurance information, packing list, reading list, and a statement of account. Certain trips require the Participant to have their physician complete and sign a Physician Certificate. You will receive a final trip packet including Final Reminders and Final Itinerary including local contact information in your destination 2-3 weeks prior to departure. When you receive any and all travel documents, it is your sole responsibility to review and verify all information. MA, LLC relies on the traveler information that you provide for each traveler, and are not responsible for any fees or other expenses caused by your failure to accurately enter data into our booking forms, or otherwise provide it in a timely manner.
Traveler Cancellations, Changes, Postponements, and Refunds
Notice of change or cancellation must be made in writing to MA, LLC. The cancellation date will be the date we receive your written notice. Departure is defined as the date of the arrival flight, or the trip/cruise departure date as indicated on your itinerary, whichever comes first. If you must cancel before departure, money will be returned less the following cancellation schedule plus any additional nonrefundable cancellation fees, deposits and payments already advanced to airlines, hotels and destination service providers:
MA, LLC Land Cancellation Fees Per Person:
Days Prior to Departure: Fee*
120 or more: $500 MA, LLC trip planning service fee
119-90: Initial deposit amount
89-31: 50% of land/cruise cost
30 or less: 100% of land/cruise cost
*Additional Fees: Cancellation or itinerary changes may result in additional service charges by MA, LLC as well as penalties charged by hotels, local service providers and airlines. Penalties on airline tickets are subject to the individual air carrier's rules and regulations.
Your decision not to participate on the tour due to State Department warnings, fear of travel, or any reason outside of act of god, shall be consider a cancellation on the part of you, the Participant. Regarding civil unrest, once MA, LLC has investigated the prevailing situation, as it deems fit, it shall remain in MA, LLC’s sole and absolute discretion whether to proceed with the trip.
Our liability shall be strictly limited to refund of the recoverable cost from Third Party Suppliers of any unused portion of the tour. MA, LLC reserves the right to deny participation to anyone whom it deems unsuitable for a trip. In addition, if you have to be removed from a trip for any reason, you will not be entitled to any refund.
Any postponement or change in a Reservation will be accommodated by MA, LLC subject to space availability and the consent and/or ability of the Third Party Suppliers to such postponement and/or rescheduling. Depending on the nature of the change(s), an administrative charge may be levied which will be added to the final invoice. Third Party Suppliers often impose additional fees or penalties for changes and cancellations. These will be included in the change fee and can be substantial.
Cancellations or Substitutions by MA, LLC
We will make commercially reasonable efforts to operate your itinerary as it has been published; however, the final itinerary may vary due to availability and factors beyond our control. We may in our sole discretion substitute services such as hotels or goods of similar quality for any service or good stated in the itinerary.
We reserve the right to cancel any tour prior to departure for any reason, although such cancellations are rare. Notwithstanding anything contained herein, it is acknowledged by the Participant at the time of making a Reservation, that MA, LLC is liable to make payments in advance to the Third Party Suppliers to secure your reservation, and refunds, if any, payable to the Participant by MA, LLC, are subject to refund of corresponding amounts to MA, LLC by the Third Party Suppliers. In the event of any delay in making refunds to the Participant owing to non-receipt of corresponding amounts from the Third Party Suppliers, MA, LLC shall not be held liable in any manner whatsoever.
THERE ARE NO EXCEPTIONS TO THIS CANCELLATION POLICY. No refunds or reimbursements for personal costs or trip expenses under this paragraph will be provided for cancellations or changes due to Force Majeure, Acts of God, or unforeseeable events and circumstances beyond our control, including but not limited to COVID-19. MA, LLC reserves the right to make alternative travel arrangements or extend credit for future travel to ensure the safety and/or further participation in and enjoyment of the trip subject to additional cost as a result of cancellation fees or non-refundable trip payments to Third Party Suppliers and any other limitations or restrictions including seasonal price increases, currency fluctuations or itinerary changes. The deposit is non-refundable, and the deposit may only be moved to a later date for causes deemed reasonable under the circumstances by MA, LLC
Due to many factors beyond our control, we reserve the right to change our prices without advance notice at any time prior to departure. It may be necessary to adjust prices up or down by notice of a revised statement of account up to 30 days before departure to allow for changes in group size, rooming status, currency fluctuations, local price fluctuations, government taxes or proclamations, or other reasons of force majeure beyond our control. We use reasonable efforts, however, to avoid increasing prices without advance notice. Price increases generally are not passed on to Participants who have already advanced a deposit.
If, prior to departure, we make any significant changes to an itinerary because of a problem with a Third Party Provider including their inability to perform to standard, hotel damage or construction, we will, as soon as reasonably possible, notify you of available alternatives.
Published land costs are per person based on a minimum of two or more persons in double occupancy. Some group tours are priced based on minimum numbers of passengers traveling; if the number of passengers falls below the minimum required, a surcharge may be imposed, or the tour may be rescheduled. Any increase or decrease in the per person cost due to a change in group size is confirmed no later than 30 days before departure by notice of an updated invoice.
Previous travelers on Moraway Adventures, our Moraway alumni, are eligible for increasing discounts on additional trips. Alumni discounts are subject to change, are not applicable on child rates, or when booking through a third party or in combination with other discounts. MA reserves the right to alter, amend or cancel these benefits at any time.
It is your responsibility to make appropriate air arrangements, or other transportation to and from the destination where the Moraway Adventure itinerary originates and returns. MA, LLC shall not assume any responsibility for any air and/or connecting ground schedule changes. Airfares are not guaranteed until purchased. Any increase in fare is your responsibility. It is also your responsibility to assure that the name on your airline ticket matches the correct name as it appears on your passport before tickets are issued. If you must change your land arrangements due to air routing within 30 days of travel, or after ticketing, there is a $50 per change fee in addition to change or cancellation charges levied by the airlines. The passage contract in use by the ticketing agency and airlines concerned, when issued, shall constitute the sole contract between the airlines and such purchasers of these tours and/or passengers. Such conveyance is subject to the laws of the countries involved.
Airlines used vary in degree of safety and risk. Some air carriers have an unknown safety and maintenance record. MA, LLC is not liable for incidents involving airline safety, risk, delays, etc., or incidents that result in injury, disability, disfigurement, or death. You agree that you are subject to all terms and conditions of the airline provider, that you understand those terms, and agree that you are responsible to the airline provider and ticketing agency for any reservations, payments, changes, cancellations, and disputes.
You agree that MA, LLC may copyright in its own name, use, re-use, and reproduce any images, photos or videos that you send to us, or that are taken by our guides and/or other travelers of you individually or in a group, in any medium, including but not limited to print, electronic media, or Internet, free of charge and without your right to inspection, for promotion and publicity purposes worldwide related to our travel products and services.
Medical, Health and Safety
Good physical and mental health are essential for your safety and enjoyment of all our trips. It is vital that persons with medical problems make them known to us well before departure. By forwarding the deposit and Reservation Form, including medical history and dietary restrictions, you certify that you do not have any physical or other condition that would create a hazard for you or other Participants or affect other people’s enjoyment of the tour. A physician's statement may also be required. MA, LLC and its employees, as well as the local guide or tour Supplier have the right to disqualify anyone at any time during the trip if they feel the trip Participant is a) judged to be incapable of meeting the rigors and requirements of participating in the tour activities; or b) determined to detract from others’ enjoyment of the tour. Refunds are not given under such circumstances.
Hospital facilities are often unavailable, and evacuation can be prolonged, difficult, and expensive. You agree to accept first aid and emergency medical treatment and emergency transport if necessary and assume all costs of medical care and transportation. MA, LLC assumes no liability regarding provision of medical care nor special dietary requirements.
Once a trip has been confirmed medical circumstances will not be considered as exceptions to our cancellation policy. All Participants should be covered by a current medical insurance policy applicable for overseas travel for the duration of their trip. Proof of coverage may be required.
The State Department (www.travel.state.gov) and the US Centers for Disease Control and Prevention (www.cdc.gov) periodically issue statements, advisories, and warnings about risks to travelers. These statements are country specific and contain important information. Participants should review relevant State Department warnings, alerts, advisories, and destination specific information at www.travel.state.gov as well as specific health information for their destination at www.cdc.gov.
A Waiver of Liability, Release of Liability and Assumption of Risk, including Agreement to these Terms and Conditions must be signed and submitted by all Participants. If a Participant has failed to submit these and other necessary documentation prior to departure, MA, LLC reserves the right to treat the booking as canceled by you and impose the cancellation fees set forth above.
U.S. Citizens traveling outside the United States are required to carry documentation of U.S. citizenship, such as a passport, valid for six months after your reentry to the US. It is your responsibility to obtain valid and effective documentation, including passports, visas, permits, and vaccination certificates, where necessary. If you are not a U.S. citizen, contact the embassy, consulate or airline for entry requirements. You assume complete and full responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements. You are solely responsible for any adverse consequences resulting from missing or defective documentation. While we may provide information or advice on visas, vaccinations, safety, health, climate, clothing, baggage, special equipment, etc. in good faith as a courtesy to you, we are not responsible for any errors or omissions as to the information provided.
The tour itinerary is only an indication of what you may accomplish and not a contractual obligation. Participant acknowledges that the nature of this type of travel requires significant flexibility and should allow for changes. You understand that the amenities, lodgings, type of transport, route, schedule, and itinerary may change without prior notice due to local circumstances or events, which may include mechanical breakdown, flight cancellations, illness, strikes, political disputes, weather, natural disaster, border crossing problems, epidemic or pandemic, and other unforeseeable factors.
Responsibilities During Tour
Trip Participants have certain responsibilities to MA, LLC and to other trip members. Each Participant is responsible for understanding the conditions stated in the Trip Itinerary and:
Tour Start Date: It is your responsibility to be ready to go at the designated departure location, date and time. We are not responsible for any losses due to cancelled or missed flights, changed flight itineraries, late arrivals, early departures or inadequate travel documents.
Compliance with Local Laws and Tour Etiquette: Your additional responsibilities include strictly complying with all local laws, respecting customs and culture, and following the advice and directions of guides; decisions of the local guide or local service provider are final on all matters that concern the safety or the well-being of the group or individual travelers.
Claims and Complaints
If you encounter a problem or something that does not meet your expectation, you must promptly notify your local tour Supplier or MA, LLC so that the matter can be rectified if possible. Failure to do so while you are on the trip could extinguish or reduce the result in your ability to claim compensation from MA, LLC. Further, if you make any changes on your own without providing the notice described above, you assume responsibility for any added costs you may incur as well as forfeiting any potential refunds.
All guest claims must be submitted in writing and received by MA, LLC no later than twenty-eight (28) days after the completion of the MA, LLC itinerary. Participant claims not submitted and received within this time shall be deemed waived and barred.
It is highly recommended for all guests to purchase travel protection including a Cancel for Any Reason upgrade. MA, LLC is not a licensed insurance broker and is not qualified or authorized to answer technical questions about benefits, exclusions, and conditions of any travel protection offered, nor evaluate the adequacy of the prospective insured’s existing insurance coverage. Full terms and details of a travel insurance plan, including limitations and exclusions can be found in the travel insurance plan policy or description of coverage. More information will be provided with your pre-departure information.
Note: Some trips including polar expeditions and high-elevation treks require proof of emergency evacuation insurance.
Responsibility/Third Party Suppliers
You understand that MA, LLC contracts with independent contractors (“Third Party Suppliers”) at the identified destination(s) of travel (“Destination(s)”) to provide certain services in relation with the proposed travel (“Travel”), including transportation, ground handling, lodging/boarding, provision of food and beverages, travel services, guide services, etc. The services provided by the Third Party Suppliers are offered subject to the terms and conditions contained in the tickets, exchange orders, vouchers or other agreements issued by them.
The Participant understands and acknowledges that MA, LLC acts as an agent who facilitates the travel and for the purposes of execution of the trip, makes the Participant enter into various arrangements with Third Party Suppliers. The Participant further understands that MA, LLC has no ownership of or control over, and assumes no responsibility and cannot be held liable for any loss, injury or damage, to any Participant or their belongings, which may arise out of the negligent or willful act or failure to act of any Third Party Supplier including their financial insolvency, bankruptcy, or dissolution. No Third Party Supplier has the authority to make commitments for or on behalf of MA, LLC Upon confirmation of the Travel by MA, LLC, the Participant shall have deemed to agree and undertake that neither the Participant, nor any of his/her heirs, representatives, or family members will bring a suit against MA, LLC as a result of any acts or omissions by its Third Party Suppliers, in recognition of the fact that MA, LLC is not a necessary or proper party to such proceedings.
The Participant hereby agrees to indemnify, defend, save, and hold harmless MA, LLC its shareholders, officers, directions, and other agents from and against all claims, liabilities, causes of action, damages, judgments, attorneys’ fees, court costs, and expenses which may arise out of the negligent or willful act or failure to act by any Third Party Supplier.
Without limitation, MA, LLC will not be deemed in breach of these Terms or otherwise liable to Participant for any injury, loss, or damage to person or property, death, delay or inconvenience by reason of delay in performance, or by non-performance of any of its obligation hereunder to the extent that any such delay or non-performance is due to any circumstances beyond the reasonable control of MA, LLC (including, but not limited to, acts of God, acts of government, or requisition, civil unrest, acts of war or threat of war declared or undeclared, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind or the threat thereof, flood, fire, explosion, nuclear accidents, sabotage, sickness or disease, public health diseases such as epidemic or pandemic, quarantine or related travel restriction or deviation, weather conditions including tempest, natural disaster, or other untoward occurrences), and includes a Force Majeure event resulting from an actual/claimed Force Majeure incapability of one or more of the Third Party Suppliers to perform their respective services, directly or indirectly, in whole or in part due to extreme or unreasonable difficulty, expense, injury or loss, affecting MA, LLC’s ability to fulfill its obligation here under.
If MA, LLC and/or any of its Third Party Suppliers are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. In this event, MA, LLC shall use reasonable efforts to secure reimbursement or credit for future travel, and shall be entitled to deduct from any recoverable refund the reasonable actual and potential costs to MA, LLC of the Force Majeure and applicable cancellation fees.
Limitation of Liability
You assume all risk and release MA, LLC under provision of this limitation of liability for structural or other defective conditions in hotels or other lodging facilities, failure of airplanes or other means of transportation or any transportation mechanism to arrive or depart timely or safely, defects in machinery and vehicles, cessation of services by Third Party Suppliers, overbooking or downgrading of accommodations, dangers associated with or bites from animals, pests or insects, marine life or vegetation of any sort, dangers incident to recreational activities such as hiking and trekking, horseback riding, scuba diving, zip lining, snorkeling, paddle boarding, surfing, swimming, kayaking, sailing, canoeing, whitewater rafting, bicycling, rappelling, canyoning/canyoneering, fishing, cruising, camping, helicopter tours, 4×4 Jeep/ATV tours, hot air ballooning, jet boating, dog sledding, climbing, etc., sanitation problems, food poisoning, personal, family or medical emergencies of Participant, lack of access to or quality of medical care, difficulty in evacuation in case of a medical or other emergency, illness, epidemics or the threat thereof, or for any other cause beyond the direct control of MA, LLC.
Participant agrees to sign a separate release of liability waiver, that is incorporated into these terms and conditions.
Limitation of Remedies
You agree that the sole remedy for any default by MA, LLC arising under this Agreement shall be the return of the paid tour cost less actual expenses incurred by MA, LLC in arranging for your trip and non-refundable deposits/payments to Third Party Suppliers. To the maximum extent permitted under applicable law, MA, LLC shall not be liable for any special, consequential, indirect, incidental or other damages arising out of this Agreement, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if MA, LLC has been advised of the possibility of such damages. You expressly waive any right you may have to recover such damages. The foregoing shall not apply to MA, LLC’s gross negligence or intentional misconduct.
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the Agreement unenforceable or invalid as a whole. Such unenforceable provision will be replaced with one that is valid and enforceable, and which achieves, to the extent possible, the original objectives and intent of the original provision.
Successors and Assigns
These Terms shall inure to the benefit of and be binding upon MA, LLC and the Participant and their respective heirs, legal personal representatives, successors and assigns.
Updating of Terms and Conditions
MA, LLC reserves the right to update and/or alter these terms and conditions at any time and it is your responsibility to be familiar with them. The latest terms and conditions can be found on MA, LLC’s website www.morawayadventures.com and are effective immediately upon posting online.
This Agreement, including all matters of construction, validity and performance, shall in all respects be governed by, and construed in accordance with, the laws of the State of Montana, and all disputes shall be heard in Gallatin County.
By reading these terms and conditions, and paying your deposit, all of the above text constitutes a binding Agreement. It is the final, complete and exclusive statement of the parties’ agreement on the matters contained in this Agreement. It supersedes all previous negotiations and agreements. These Terms and Conditions (and any other terms and conditions referenced herein) constitute the entire agreement between the Participant and MA, LLC with respect to travel bookings made with MA, LLC by any means, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Participant and MA, LLC with respect to communications with MA, LLC. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Agreement shall be binding upon and shall inure to the benefit of the parties and their permitted successors and assigns.
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