Thank you for your interest in joining TravelQuest on one of its many adventures around the world. You have chosen to become a member of a family of travelers (referred to herein as a “Travel Member”) that love to share their passion for exploring the world.
Event Horizon LLC, d/b/a TravelQuest International, (collectively, “TQ Tours”), its officers, agents, employees, and representatives (collectively “Tour Provider”) and sponsoring organizations act as a tour wholesaler for the suppliers of transportation, accommodations, food and other goods and services (collectively “Amenities”) provided to the Travel Member. Such suppliers of Amenities and other goods and services, (collectively “Service Providers”) often designate a tour operator to act as its agent for all services offered by said Service Providers and said Service Providers shall be solely responsible and liable for the respective services of said Service Provider and tour operator. The designated tour operator, in turn, acts as an agent for any common carrier, transportation provider, hotel, ground operator, or other suppliers of services connected with the tour (the “Expedition”), and the Service Providers are solely responsible and liable for providing their respective services.
When you make a reservation or create an account on our website, you, and all parties included on your submitted reservation form, acknowledge that you have read and accept the Pricing & Terms, and the Terms & Service as outlined for this website and for the tour you have purchased and agree to be bound by them.
As a Travel Member, you voluntarily participate in this Expedition (or any trip to which you may subsequently transfer) with the knowledge of the numerous risks and dangers involved and acknowledge that the enjoyment and excitement of adventure travel, such as this Expedition, is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work and that these inherent risks contribute to such enjoyment and excitement, and are a reason for my participation. Travel Member agrees to be responsible for your own welfare and that of those traveling with you and accept any and all risks of delay, cancellation, unanticipated events, inconvenience, illness, injury, emotional trauma or death, and release and indemnify TQ Tours from all such claims.
Tour Provider does not own or operate any entity that provides, or is to provide, goods or services for your Expedition including, for example, lodging facilities, yacht and other transportation companies, airlines, buses, vans, automobiles, or common carriers, food service providers, equipment suppliers, recreational suppliers, local ground handlers, naturalist and tour guides, etc. You agree that Tour Provider will not be held liable for (a) any damage to, or loss of, property or injury, or death of persons (including you as a Travel Member, or your family, or invitee) occasioned directly or indirectly by an act or omission of any Service Provider, including but not limited to any defect in any aircraft, watercraft, bus, or vehicle operated or provided by such Service Provider or in conjunction with the Expedition; and (b) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any political subdivision or agent or agency thereof, or by acts of God, strikes, fire, flood, weather, attacks by or bites from wild or domestic animals, pests or insects, epidemics (or the threat thereof) war, rebellion, terrorism, insurrection, sickness, quarantine, theft, or any other cause(s) beyond Tour Provider’s control (collectively “Loss Event”). You, as a Travel Member, on your behalf, and on the behalf of those traveling with you, release and agree to indemnify Tour Provider for any direct, indirect, consequential or incidental damage, injury, or loss to any person or property occasioned by reason of any said Loss Event, including without limitation, any act or negligence or breach of contract by Tour Provider, including without any limitation, any act or negligence or breach of contract by any company, person, or third party providing services in conjunction with the Expedition chosen by you, such as an airline, cruise line, train, hotel, restaurant, ground transportation provider, ground handler, etc., who is to or does supply any goods or services as part of your Expedition. As a Travel Member, you, individually and on behalf of any of your invitees, waive any claim against Tour Provider for any such loss or damage.
Tour Provider and the Service Providers used in connection with your chosen expedition reserve the right to make route, hotel, itinerary, leader changes and trip modifications as required or desirable to improve the trip quality and/or to accommodate the comfort and well-being of the participating Travel Members and guests.
Tour Provider disclaims all warranties, express or implied, as to any services or materials purchased in conjunction with any trip offered by TQ Tours, including but not limited to any warranties of fitness for a particular purpose.
As a Travel Member you agree to follow all written and verbal rules of safety or information otherwise presented by Tour Provider, any trip leaders, or the local ground operator or Service Provider.
Travel Members have the responsibility to select a trip appropriate to their abilities and interests. In order to assist you as a Travel Member, we grade each trip based on its level of difficult or anticipated level of exertion. Travel Members must take responsibility to be in sufficient condition to undertake the activities associated with the Expedition. Travel Members are responsible for preparing for the Expedition by studying the itinerary and pre-departure information sent by Tour Provider and for bringing the appropriate clothing and equipment as advised therein.
Travel Members are responsible for obtaining any documents required for their participation in the Expedition such as a valid passport, all visas, vaccination certificates, and any other documents. Failure to obtain documents does not negate the Terms and Conditions, and any extra costs incurred for rerouting due to travel without the necessary documents will be the Travel Member’s responsibility.
By registering for any Expedition with TQ Tours, the Travel Member certifies that he/she does not have any mental, physical, or other condition or disability that would create a hazard for the Travel Member or other travel members. Tour Provider reserves the right in its sole discretion to accept, decline to accept, or remove any Travel Member or trip participant on an Expedition, at the Travel Member’s own expense and without any refund, from an Expedition, if Tour Provider judges the Travel Member or any of a Travel Member’s invitees to be incapable of meeting the rigors and requirements of participating in the activities, or who it determines detracts from the enjoyment of the Expedition by others.
TQ Tours encourages all Travel Members to consult a doctor for specific medical advice about any activities or destinations. Certain Expeditions may require that the Travel Member obtain medical clearance prior to departure as a condition of participation.
All Travel Members under 18 must be accompanied by a parent or legal guardian for the duration of their entire Expedition. Some itineraries have a more restrictive minimum age requirement — please call for more information before departure. You acknowledge and agree that Tour Provider will not be responsible for any additional expenses incurred by you as a result of any such changes
The Travel Member acknowledges that he/she is aware that travel such as the Expedition he/she is undertaking involves potentially dangerous activities, some in remote areas of the world, with a risk of illness, injury or death which may be caused by animals, insects, plant life, or persons, forces of nature, illness, or by willful or criminal conduct of third parties or by terrorism. The Travel Member further acknowledges that weather conditions may be severe, adverse and/or unpleasant and that medical services or facilities may not be readily available or accessible or consistent with standards in the United States during some or all of the time during which he/she is participating on the Expedition and that, even if available, may not be of the quality which exists in the United States. In conjunction therewith, Travel Member hereby releases Tour Provider and any trip leaders from any damages resulting there from.
The Travel Member acknowledges that seeing a celestial event, like a total solar eclipse, aurora borealis and/or stargazing, is weather dependent, and TQ Tours can make no guarantees that the weather will cooperate with the timing of the tour.
Please see the Pricing & Terms Page for the trip(s) you have purchased for a detailed and complete outline for that trip’s pricing and terms.
Unless otherwise stated in writing, a deposit or an advance payment for your Expedition is due at time of reservation, and the remaining balance will be due in accordance with the terms outlined in the trip brochure.
Payment schedules for each trip vary. The schedules for each trip offered by Tour Provider are clearly indicated in the detailed web brochure, which is published separately for each trip offered by Tour Provider. Prices are typically quoted in US dollars and all payments must be made in US dollars whether by check, credit card, or bank wire. By checking the required box during the checkout process, all Travel Members accept these Terms and Conditions, as well as those contained in the web brochure published online by the Tour Provider.
To offer the best possible experience, all of our Expeditions are priced based on a number of variables. The per-person cost of a trip does not include airfare to and from the trip, unless otherwise noted in writing. A full list of elements and items that are included or not included are noted in the Pricing & Terms of each Expedition. As indicated above, please refer to the published web brochure.
Prices listed are subject to change because the trip dates and prices have often been published more than a year in advance. Between the date of publication and the time of the trip’s actual departure, we are occasionally faced with exceptional cost increases or currency fluctuations that we cannot absorb. We will notify you of all such changes prior to final payment.
All Expedition prices, taxes, and airfares quoted in this brochure are based on tariffs, costs, and United States dollar exchange rates that were in effect at the time of publication. Consequently, prices herein are subject to change. Due to fluctuations in global oil prices, a fuel surcharge may be added to your Expedition fee. You will be advised of details and costs prior to departure.
While Tour Provider does everything we can to keep our prices the same as published, Tour Provider may increase the Expedition cost if there are cost increases. Any increases will be disclosed before final payment is due and published in the web brochure on Tour Provider’s website. If any Travel Member chooses not to participate in any included activity, meal, or amenity, there will be no refund for that unused portion of the activity, meal, or Expedition amenity. If any Travel Member leaves or is removed from the Expedition for any reason, no refund shall be made for unused services. This Expedition may be sold in conjunction with the services of any airline or other common carrier. The passenger tickets in use by the carriers, when issued, shall constitute the sole contract between the carriers and Service Provider and the Travel Member. The Travel Member’s contract with such carriers or Service Provider govern the rights and responsibilities of the carriers, and Travel Members are advised that those Travel Member’s contract and application regulations and treaties may otherwise provide that the carriers and Service Providers are not responsible for certain acts or omissions.
Tour Provider will not be liable for any common carriers, air carriers, or Service Provider’s cancellation penalty incurred by the purchase of a nonrefundable ticket to or from the Travel Member’s Expedition departure city. Baggage and personal effects are at all times the sole responsibility of the Travel Member or a Travel Member’s family member or invitee.
In the uncertain, often volatile global oil market, it is difficult to predict long-term fuel costs and more specifically, costs at the time of the trip. Our prices are based on the prevailing fuel rates at the time of brochure publications, which is well in advance of departure. While we will do everything possible to maintain our prices, if fuel costs increase significantly at or before the time of the trip, it may be necessary to institute a fuel surcharge.
Accommodations are based on double occupancy. A single supplement is paid by Travel Members who specifically request single accommodations, and are subject to availability. If you are traveling alone and wish to share accommodations, Tour Provider will try to match you with a travel-mate. However, if a travel-mate is not available, the single supplement will be charged. If a Travel Member requests a single room after a travel-mate has been assigned by Tour Provider, the Travel Member will be charged a single supplement, which will be due at the time of assignment by Tour Provider. If a Travel Member refuses an assignment, that Travel Member may be asked to leave the Expedition, without refund.
Please review the specific payment and cancellation schedule for your expedition, as noted in the Pricing & Terms above, and as set forth in the web brochure published separate and apart from these Terms and Conditions. By checking the required box during the checkout process, all Travel Members accept the fees, terms, and limits for cancellations terms contained in the web brochure published online by the Tour Provider.
If it becomes necessary for you to cancel your trip, refunds may be unavailable or applicable refunds will be applied based on the date of receipt of the written cancellation notice, which can be sent by email, fax, or first-class mail. Our ability to provide refunds are conditioned upon the actual receipt of a refund from the common carrier, air carrier, ground transportation provider, hotel, or other Service Provider. To the extent a common carrier, air carrier, ground transportation provider, hotel, or other Service Provider is unavailable, unwilling, or not required to make a refund, Tour Provider will not be responsible for said refund.
* Cancellation and transfer schedules for certain group trips, as well as cruises, private departures, extensions, and Special Events are often stricter. These exceptions are addressed in the detailed itineraries for each such trip.
Rates are based on group participation and no refunds will be given for unused trip arrangements for any reason whatsoever. Once you have been confirmed on a trip that requires a medical release signed by a doctor, our normal cancellation penalties and forfeitures apply if your doctor does not sign the release
You may transfer to another trip, if one is available, by notifying us in writing of your wish to transfer. Additional costs and fees may apply in conjunction with that transfer. Please contact the Tour Provider to determine what those additional costs and fees may be.
Tour Provider reserves the right to cancel any trip prior to departure for any reason whatsoever, including insufficient signup or logistical problems that may impede trip operations. Your receipt of any refund for any eligible payments shall release Tour Provider from any further liability or obligation for further refunds.
Tour Provider’s itinerary serves only as a guideline and is subject to change. Those changes may be reflected on the Tour Provider’s web brochure, as set forth on the TQ Tours or Tour Provider website.
Tour Provider reserves the right, without penalty, to make changes in the published itinerary whenever, in their judgment, conditions warrant such a change or if they deem it necessary for the comfort, convenience, safety of the Travel Members, or changes to the available services or Amenities. Tour Provider shall not be obliged to refund any payments by reason of such changes.
Travel Member acknowledges that Tour Provider must normally make substantial payments to its suppliers (hotels, restaurants, transportation companies, airlines, etc.) and other Service Providers far in advance of the scheduled embarkation date. If a trip is cancelled or modified by reason of a Loss Event, including but not limited to cancellation due to force majeure (and including but not limited to any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any political subdivision or agent or agency thereof, or by acts of God, strikes, fire, flood, weather, attacks by or bites from wild or domestic animals, pests or insects, epidemics (or the threat thereof) war, rebellion, terrorism, insurrection, sickness, quarantine, theft, changes in atmospheric conditions, storms, clouds, inclement weather, the non-occurrence of an expected event, or any other cause(s) beyond Tour Provider’s control), any refund will be conditioned on Tour Provider’s ability to obtain actual payment from a Service Provider, and Tour Provider will promptly refund the portion of the trip cost not already advanced to suppliers or Service Providers, and will use its best efforts to recover and refund the balance as promptly as possible. However, Tour Provider does not guarantee recovery of any, or all, of the advance payments made, and our use of best efforts to recover these payments will not include the institution of any legal proceedings in foreign jurisdictions.
A trip with insufficient signup will normally be cancelled typically three to four months prior to departure. Please be sure to check TQ Tours web brochure as published on its website. However, Travel Member acknowledges and agrees to any cancellation deemed necessary by Tour Provider and waives any claim for damages that arise by reason thereof, including any damages for additional travel expenses, the costs of replacement trips, travel costs, the cost of alternate arrangements, lost profits or other consequential damages.
Tour Provider is not responsible for expenses incurred by Travel Members in preparing for a trip or Expedition that is modified or cancelled (e.g., nonrefundable advance purchase air tickets, visa fees, inoculations, equipment, rentals, or purchases etc.) or for any additional arrangements the Travel Member has made prior to the scheduled trip departure date.
TQ Tours does not sell travel insurance but encourages you to purchase a travel protection plan to help protect you and your travel investment against the unexpected. Trip-cancellation insurance may be available at an additional cost and is strongly recommended. For more information, please refer to your trips Pricing & Terms page for our travel insurance recommendations.
While Tour Provider shall not, under any circumstance, be obliged to arrange for medical treatment for a Travel Member or a family member or invitee of a Travel Member, in the unlikely event the Travel Member or Travel Member’s family member or invitee becomes sufficiently incapacitated as to be unable to direct or arrange for his or her own care, there is no one on the trip who can effectively direct or arrange for Travel Member’s care, and Tour Provider is unable or does not have time to contact Travel Member’s emergency contact, the Travel Member, authorizes any medical treatment deemed necessary in the event of any injury or illness while participating in the activity including, but not limited to, X-ray, examination, anesthetic, medical or surgical diagnosis, or treatment and hospital care which is deemed advisable by, and is to be rendered under the general or specific supervision of, any physician and/or surgeon licensed in the United States, or, if in a foreign country and no physician licensed to practice in the United States is reasonably available, by a duly licensed physician available to respond to the location of the Travel Member, and hereby authorizes Tour Provider to arrange for such treatment and authorizes Tour Provider to share such personal or medical information as may be necessary to allow for said treatment. Travel Member agrees to hold Tour Provider harmless from and indemnify Tour Provider for any damages or injuries which might be suffered by Travel Member or Travel Member’s family member or invitees as a result of said treatment or the failure to receive such treatment.
The Travel Member certifies that they and all family members or invitees have medical insurance which will cover personal accidents, medical expenses, medical evacuation, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Travel Member, or that in the absence of this medical insurance coverage, agrees to pay all costs of rescue and/or medical services as may be incurred on the Travel Member’s behalf, or that of a Travel Member’s family member or invitee, and shall hold Tour Provider harmless from and indemnify against any related expenses.
An inherent risk of exposure to viruses, including, but not limited to, COVID-19, exists in any public place where people are present. By traveling on a TQ Tour provided trip, you voluntarily assume all risks related to exposure to viruses, including COVID-19.
The payment of a deposit represents acceptance by the Travel Member(s) of this agreement and all releases of liability, assumptions of all risks by the Travel Member and Travel Members family members or invitees, Travel Members commitment for indemnification of Tour Provider against all claims and other agreements in terms of this agreement and agrees to the rules of Binding Arbitration as set forth below.
By joining a TQ Tours Expedition, you will automatically be added to our marketing database, from which you can unsubscribe from at any time.
The information we learn from Travel Members helps us personalize and continually improve your TQ Tours experience. Here are the types of information we gather:
Information about our Travel Members is an important part of our business, and we are not in the business of selling it to others. We share Travel Member information only as described below.
Our site may include third-party advertising and links to other web sites. For more information about third-party advertising at TravelQuestTours.com, including personalized or interest-based ads, please read our Internet-Based Ads policy.
When you use TQ Tours, its website, or send e-mails, text messages, electronic communications, social media, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through Tour Provider, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of TQ Tours or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through TQ Tours is the exclusive property of TQ Tours and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through TQ Tours are trademarks or trade dress of TQ Tours in the U.S. and other countries. TQ Tours’ trademarks and trade dress may not be used in connection with any product or service that is not TQ Tours’, in any manner that is likely to cause confusion among Travel Members, or in any manner that disparages or discredits TQ Tours. All other trademarks not owned by TQ Tours that appear in any TQ Tours service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TQ Tours.
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. TQ Tours reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant TQ Tours a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant TQ Tours and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify TQ Tours for all claims resulting from content you supply. TQ Tours has the right but not the obligation to monitor and edit or remove any activity or content. TQ Tours takes no responsibility and assumes no liability for any content posted by you or any third party.
Parties other than TQ Tours may provide services or sell product lines through TQ Tours. In addition, we may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). TQ Tours does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ARE PROVIDED BY TQ TOURS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TQ TOURS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH TQ TOURS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF TQ TOURS IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, TQ TOURS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TQ TOURS DOES NOT WARRANT THAT TQ TOURS INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH TQ TOURS, TQ TOURS’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM TQ TOURS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, TQ TOURS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY TQ TOURS INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
By using TQ Tours, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Arizona, without regard to principles of conflict of laws, (“Applicable Law”) will govern these Terms and Conditions and any dispute of any sort that might arise between you and TQ Tours
332 North Rush Street, Suite A
Prescott, Arizona 86301
Tour Provider and any trip leader reserve the right to take photographs or videos during the operation of any trip or part thereof and to use the resulting photography, videos, or recordings for promotional or commercial use. By making a reservation on a trip, the Travel Member agrees to allow his/her likeness, and that of their family member or invitees, to be used by Tour Provider without compensation to the Travel Member or family member or invitee. Travel Member further represents that Travel Member has obtained the consent for any Travel Member invitees or family members as to the same and agrees to hold Tour Provider harmless from and indemnify Tour Provider against any claims as a result of the use of the same. If the Travel Member or any invitees or family members of Travel Member prefers that his/her likeness not be used, he/she must notify Tour Provider and/or the tour operator in writing prior to departure of the trip. No financial or monetary compensation will be provided.
Travel Member hereby releases Tour Provider and any trip leaders from any damages in the event that Travel Members or its invitee or family members likeness is used, duplicated, or otherwise disseminated by a third party.
PLEASE NOTE THAT THE “ARBITRATION AGREEMENT” SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN THE TRAVEL MEMBER AND TOUR PROVIDER UNDER THIS AGREEMENT TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND (ii) THE TRAVEL MEMBER AND TOUR PROVIDER WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE BE SURE TO READ AND REVIEW CAREFULLY THE ENTIRE SECTION LABELED “ARBITRATION AGREEMENT” BELOW. BY ACCEPTING THIS AGREEMENT, THE TRAVEL MEMBER AGREES TO BE BOUND BY THE ARBITRATION AGREEMENT.
Any litigation concerning this Expedition shall be brought in Yavapai County, in the State of Arizona, pursuant to the laws of Arizona. Changes in these Arbitration and Dispute Resolution provisions can be made only in writing and signed by an officer of TQ Tours. Deposits paid by Travel Member indicate acceptance of these Terms and Conditions.
(1) Tour Provider and the Travel Member agree that any and all disputes and claims that the Travel Member (including any family member or invitee of Travel Member) and Tour Provider may have against the other that arise out of or relate to this Arbitration Agreement and the Expedition, including the breach, termination, enforcement, interpretation or validity of this Agreement, or the Terms and Conditions of the Agreement or Expedition and the scope or applicability of this Arbitration Agreement (collectively, “Disputes”), including but not limited to any dispute occurring before this Arbitration Agreement became effective, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. The Travel Member agrees to give up the right to sue in court. The Travel Member also agrees to give up the right to have Disputes heard by a jury and the ability to seek remedies or participate in a class action or otherwise (also see paragraph 9 of this Arbitration Agreement below). The only exceptions to this Arbitration Agreement are that the Travel Member and Tour Provider may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.
(2) This Arbitration provision, and the Travel Member’s duties to hold Tour Provider harmless from any claims and indemnify Tour Provider against any claims will survive termination of this Arbitration Agreement.
(3) Any arbitration between the Travel Member and Tour Provider will be governed by the AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single arbitrator. If the Travel Member and Tour Provider cannot agree on who that single arbitrator should be, then the AAA shall appoint an arbitrator with significant experience resolving the type of Dispute at issue. The arbitrator is bound by the terms of this Arbitration Agreement.
(4) If either the Travel Member or Tour Provider wants to arbitrate a Dispute, the Travel Member or Tour Provider must first send by mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving Notice, the specific facts giving rise to the Dispute, the Expedition to which the Notice relates, and the relief requested. The Travel Member’s Notice to Tour Provider must be sent by mail to Arbitration Notice of Dispute, c/o Business and Legal Affairs, Litigation VP, 1145 17th Street NW, Washington, DC 20036, with a copy to: TQ Tours, 332 North Rush Street, Suite A, Prescott, Arizona 86301. Tour Provider may send any Notice to the Travel Member at the contact information Tour Provider has for the Travel Member or that the Travel Member provides. It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 45 days after the Travel Member or Tour Provider sends a Notice to the other, the Travel Member and Tour Provider may try to reach a settlement of the Dispute. If the Travel Member and Tour Provider do not resolve the Dispute within those first 45 days, either the Travel Member or Tour Provider may initiate arbitration in accordance with the rules and procedures provided for by the AAA. [A form for initiating formal arbitration may be found on the AAA’s website at www.adr.org (“Arbitration Form”)]. In addition to filing this Arbitration Form with AAA in accordance with its rules and procedures, the Travel Member must send a copy of the completed Arbitration Form to Tour Provider at the address listed above to which the Travel Member sent the Notice of Dispute.
(5) AAA charges fees to conduct arbitrations. Ordinarily, the claimant has to pay that fee to start a case, but if the Travel Member wishes to commence an arbitration against Tour Provider, and the Travel Member is seeking to recover less than $10,000 (inclusive of attorneys’ fees), the Travel Member will not have to pay this filing fee; Tour Provider will pay it on the Travel Member’s behalf. If the Travel Member is seeking to recover $10,000 or more, the Travel Member will pay the filing fee charged by AAA, and Tour Provider will reimburse that fee if the Travel Member wins the arbitration.
(6) If the Travel Member is seeking to recover $10,000 or less, the AAA rules provide that the Dispute should be resolved without a hearing, by submission of documents only. Either the Travel Member or Tour Provider may request a hearing, however, and be responsible for the fees associated with it. If the arbitrator recommends a hearing even if neither the Travel Member nor Tour Provider request one, Tour Provider will pay the arbitrator’s fees associated with the hearing. If the claim is for more than $10,000, the manner and place of the hearing will be determined in accordance with the AAA Rules.
(7) Regardless of how the arbitration proceeds, the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.
(8) The Travel Member and Tour Provider may incur attorneys’ fees during the arbitration. In addition to whatever rights the Travel Member may have to recover the Travel Member’s attorneys’ fees under Applicable Law, if the Travel Member prevails in the arbitration, and if Tour Provider failed to make a settlement offer to the Travel Member before the arbitration or the amount the Travel Member wins is at least 25% greater than Tour Provider’s highest settlement offer to resolve the Dispute, then Tour Provider will pay the Travel Member’s reasonable attorneys’ fees in addition to the amount the arbitrator awarded. If Tour Provider wins the arbitration, the Travel Member will be responsible for the Travel Member’s own attorneys’ fees and will be responsible for TQ Tours’ reasonable attorneys’ fees. In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a Dispute or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides’ arbitration fees and may order the losing party to pay the winning party’s reasonable attorneys’ fees, unless such an award of fees is prohibited by Applicable Law.
(9) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not order Tour Provider to pay any monies to or take any actions with respect to persons other than the Travel Member, unless Tour Provider explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. THE TRAVEL MEMBER AGREES IT WILL NOT PARTICIPATE IN, AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING. Further, unless Tour Provider agrees, the arbitrator may not consolidate other persons’ claims with the Travel Member’s, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Arbitration Agreement will be null and void, but the rest of this Agreement, including the provisions governing where actions against Tour Provider must be pursued, will remain in effect.
(10) The Travel Member and Tour Provider agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.
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The applicable Terms and Conditions may vary from those listed above based upon the specific Expedition selected by the Travel Member. A copy of the final Terms and Conditions applicable to each Travel Member may be sent in pre-Expedition communications. Tour Provider reserves the right to modify these Terms & Conditions from time to time, and Travel Member agree to be bound by the same.
These Terms & Conditions apply to all tours operated or offered by Tour Provider, except the trips noted below, if any.