TRAVEL UNRIVALED’S TERMS & CONDITIONS TO PROVIDE TRAVEL SERVICES

All initial deposits are non-refundable after 2 business days unless cancellation is by Travel Unrivaled.

PASSPORTS: Everyone, including children and infants, MUST have a VALID passport to travel internationally (not Passport Card). Failure to comply will result in denial of boarding, no refund, no exceptions (out of the USA). Travel Unrivaled is NOT responsible for passports in ANY way. Passports are required to be valid for 6 months from your return date. PASSPORT CARDS ARE NOT VALID FOR TRAVEL INTERNATIONALLY VIA AIR!

HONEYMOON & ANNIVERSARY TRAVELERS: You MUST bring a copy of your marriage certificate to qualify for any complimentary honeymoon/anniversary package (photo copy is recommended). Failure to have such proof of marriage will result in the resort denying these complimentary privileges (if applicable). PLEASE notify your Travel Benefits By Design agent if you are celebrating a Honeymoon or Anniversary so that they can annotate this in your reservation. Typically, a resort will honor these packages up to 30 days before or after your honeymoon / anniversary date.

CHANGES TO RESERVATIONS: ANY changes made to your existing room reservation are subject to the current rates, promotions, and terms at the time of change.

FINAL PAYMENT: The final payment MUST be received NO LATER THAN 60 days prior to departure or as required by the travel supplier/hotel/resort. Final payments may not be automatically charged. Please note your calendar of this final payment date as reminders may not be sent, however we try to send reminders about a week before it’s due. You must call 816-624-2443 on the date you’d like the payment to be posted. Travel Unrivaled is not responsible for cancellations due to payments made after this date. Late fees will apply.

CANCELLATION PENALTIES: Once your reservation is made Travel Unrivaled may charge a $500 nonrefundable penalty per person up until any additional resort or supplier penalties take effect. The aforementioned is per person and/or entire room canceling (so if 1 person within the room cancels these same rules apply for that person, if the entire room cancels the same rules apply for each person in the room). Regarding Airline tickets: if Travel Unrivaled booked your individual tickets, they are 100% non-refundable and subject to individual airline penalties/fees (see insurance below).  

LATE FEES: Final payments not received prior to the due date above will incur a $25 per person late fee. All reservations are subject to cancellation and hotel penalties as described above if final payment is not received on the due date. Late fees are not covered by the travel insurance and are always non-refundable.

All the above would be protected with the optional Travel Insurance with the exception of late fees. If you do not have insurance – natural disasters (such as hurricanes), cancellations for ANY reason (medical/personal emergencies, cancelation of the wedding, etc.) do not relieve you from these penalties. ONLY the Travel Insurance will ensure you coverage. All cancellations must be received in writing.

WE STRONGLY RECOMMEND TRAVEL INSURANCE: If you elect to purchase travel insurance, the terms of the policy will dictate whether, and to what extent, coverage for any financial loss may exist under the circumstances of a pandemic, pre-existing medical conditions, and other policy exclusions. Consult the insurance carriers directly for details. Trip insurance or waivers provided by the supplier may not offer insolvency coverage. No representation or description of the insurance made by our staff constitutes a binding assurance or promise about the insurance. You agree to hold us harmless for your election not to purchase travel insurance or for any denial of claim by travel insurer as it relates to Covid-19 or any other claim under the policy.

RE-CONFIRM YOUR Excursions/Transfers/Ground Transportation/Reservations: Travel Unrivaled advises you to personally re-confirm all reservations you have arranged 24 to 48 hours prior to set time directly with the provider in case of any last minute changes, delays or cancellations.  Please notify Travel Unrivaled if the excursion is cancelled by the provider.

TRAVELING WITH CHILDREN: Children under 18 years of age not traveling with both parents or legal guardian(s) may need to present a notarized letter from the absent parent/guardian granting permission to travel outside the United States and provide emergency medical care if necessary. Please refer to this website for more information and sample letters: http://www.globetrektravel.com/minortravelforms.pdf Travel Unrivaled is not responsible for lack of compliance to provide proper documentation to airport authorities. It is the responsibility of the traveler & the traveler’s parents/guardians to provide proper documentation to airport authorities.

TRAVEL DOCUMENTS: Travel documents will be sent to you no later than ten (10) days prior to departure date. Please read through these documents immediately; misprints, misspellings, incorrect dates etc. are not the responsibility of Travel Unrivaled Included in your travel documents (if airfare is purchased through Travel Unrivaled) or airline electronic ticket receipts (proof of purchase, not boarding passes or actual tickets). Boarding passes are printed at the time of check in; online with the airline directly, or at the airport when showing passport & checking in luggage. It is very important that you take your travel documents with you in addition to passports and a major credit card for any baggage fees that may apply.

Exchange Rates: Our products may be foreign currency based, even if the prices given are in US Dollars (USD), we do reserve the right to adjust the exchange rate to the prevailing rate on the day you are paying your balance.  If exchange rates vary by more than 10% either way we reserve the right to adjust pricing for all services.

BAGGAGE FEES: Due to continual changes in airline baggage policies it is suggested that you inquire with your airline’s website for up-to-date fees & information. Travel Unrivaled is NOT responsible for additional fees incurred for baggage or seating.

BAGGAGE FEES ARE NOT PART OF AN ALL-INCLUSIVE PACKAGE!  Please review “Updated Checked Bag and Carryon Bag Rules” at www.TSA.gov

AIRLINE SCHEDULE CHANGES & CANCELLATIONS: Occasionally airlines change flight schedules, & may even cancel flights entirely. These changes are beyond Travel Unrivaled’s control. In the event that such a situation occurs; Travel Unrivaled will do it’s very best to assist you with finding best possible alternate option(s). If the flight time change is minor (2 hours or less) the airline will automatically make the change (airline policies/rules entitle them to legally do so). Travel Unrivaled will notify you of major changes. Please Note: there may be additional costs to re-book a new flight should the airline cancel or make a major change to your original flight itinerary. Travel Unrivaled is NOT responsible for any additional costs or fees imposed by the airlines. It is the responsibility of the passenger to check for last minute airline flight time changes within 24 hours of departure. Travel Unrivaled is not responsible for changes that may occur within 24 hours of original flight departure time.

RE-CONFIRM YOUR FLIGHTS: Travel Unrivaled advises you to personally re-confirm your flight schedule within 24 hours prior to departure directly with the airline in case of any last minute changes or delays. Most airlines allow you to check in online 24 hours prior to departure using the “Record Locator” (found in your Travel Unrivaled documents)

AIRLINE CHECK IN: Please check in with your airline at the airport no later than two (2) hours prior to scheduled flight departure time (three (3) hours for International Flights).

HOTEL/RESORT CHECK IN: Check-in time at most hotels and resorts is 4:00pm (local time). If you arrive prior to 4:00pm your room may not be ready. The hotel/resort will store your luggage in a secure location on property so you may start enjoying your vacation without delay. Change into something more comfortable and enjoy a nice lunch, swim in the pool, walk along the beach, etc. until you are notified that your room accommodation is ready for check in.

DRESS CODE:  Please be advised that some restaurants and activities may have a dress code. Please pack accordingly.

Travel Unrivaled recommends enrolling your trip in the STEP (Safe Traveler Enrollment Program) offered by the Department of State: https://step.state.gov/step/

 

 

WAIVER AND RELEASE OF LIABILITY – BY AGREEING TO THE TERMS OF THIS AGREEMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS

PLEASE READ CAREFULLY

To: E4:9, LLC dba Travel Unrivaled, and its subsidiaries, affiliates, and related companies, and their respective directors, officers, employees, subcontractors, suppliers, agents, guides, volunteers, independent contractors, representatives, owners, insurers, successors, and assigns (individually and collectively, “Travel Unrivaled”)

 

BY SIGNING OR ELECTRONICALLY ACKNOWLEDGING THIS WAIVER AND RELEASE, I ACKNOWLEDGE, AGREE AND CONFIRM THE FOLLOWING:

 

1. I have checked my receipt and confirmation of purchase to verify all information is correct. Travel Unrivaled will not be responsible for omissions or errors if not brought to their attention immediately. I hereby verify that I have reviewed my travel itinerary for accuracy.

 

2. I understand that all prices quoted and not yet paid are subject to change and are based on availability. Payment must be received by the due date to avoid cancellation. I have been advised of all applicable fees imposed by Travel Unrivaled and have been offered the option of purchasing trip cancellation/interruption insurance, and travel insurance from third party insurance providers. I understand that discounted fares and vacation packages typically involve restrictions and that changing any aspect of my travel arrangements may result in the payment of additional money.

 

3. DOCUMENTATION: U.S. citizens travelling to any destination outside of the United States will be required to present a valid U.S. passport. Passports must be valid for 6 months past the return date. Some countries require a visa for transit or entry. Each traveler is responsible to ensure that they have all the proper documents for entry. All names on documents must match the legal name on your passport / photo I.D., and travel document information must match tickets. Please check the State Department website at https://travel.state.gov for further information. Immunizations may also be required. Failure to comply with these regulations may result in being denied boarding, denied entry, and/or government-imposed fines. If you are a citizen of another country, there may be additional requirements. Check with the nearest consulate or embassy of the destination you are travelling to and find out the entry requirements for non-U.S. citizens.

 

4. I understand that I may participate in activities and services (“Activities”) that Travel Unrivaled or its subcontractors or local third party providers will be providing, arranging, or organizing on my behalf depending on my chosen itinerary. I further understand that there are inherent risks associated with any kind of activity or travel arrangements and I assume full responsibility for my well being:

 

These may include:

• Travel within and without the United States;
• Travel in public and private transportation (including to and from tour areas)
• Consumption of food, including food with known or unknown ingredients to which you may be allergic;
• Weather conditions;
• Language barriers;
• Contagious diseases;
• Terrorism;
• Hiking and travelling in areas where aid is not immediately available;
• Entering ancient or historical structures that were not built and may not be maintained according to modern safety and zoning practices;
• Participating in physical activities that may involve a risk of physical harm or death;
• Negligent first aid operations or procedures; and
• Other risks that are unknown at this time.

 

5. ACKNOWLEDGMENT – HEALTH & SAFETY. I am aware that the physical exertion required to participate in the Activities can activate or aggravate pre-existing injuries, conditions, or congenital defects. I acknowledge that I should seek medical advice if I know or suspect that my physical condition may be incompatible with the Activities.

 

I acknowledge that I am required to wear approved safety equipment while participating in certain Activities. I am aware that there are guides and instructors available to answer any questions I may have as to the proper use of any equipment.

 

I acknowledge that I am responsible for determining whether any food, drinks or other substances I may be exposed to may cause an allergic or other adverse reaction.

 

Furthermore, I acknowledge that I will be visiting sites with kitchens and staff that do not directly report to Travel Unrivaled and that Travel Unrivaled has little to no control over the ingredients that may go into food that is ordered and/or prepared aside from making requests on my behalf and possibly making special arrangements in advance of my trip.

 

I acknowledge that even if I notify Travel Unrivaled of my allergies in advance of or during my trip, Travel Unrivaled will not be liable if I am exposed to substances to which I may be allergic at any point during my trip.

 

Travel Unrivaled maintains, in its sole discretion, the ability to deny and/or cancel my trip should it be determined that it cannot cater to my special dietary needs.  Should this happen, Travel Unrivaled will not be held liable for any additional costs incurred in association with my trip such as plane tickets, additional lodging not directly associated with the tour, or any other costs that are not directly related to services provided by Travel Unrivaled.

 

6. FORCE MAJEURE. Travel Unrivaled cannot accept liability or pay any compensation where the performance or prompt performance of contractual obligations is prevented or affected by force majeure. In this Agreement, “force majeure” means any event which Travel Unrivaled or the supplier of services in question could not foresee or avoid, including but not limited to civil strike, industrial deposit, natural disaster, adverse weather conditions and all similar events outside our control.

 

7. ASSUMPTION OF RISKS. I am aware that the Activities involve many risks, dangers and hazards which may include but are not limited to:

• personal injury and/or death;
• travel to remote areas without access to medical facilities or treatment
• changing weather conditions;
• interactions or encounters with wildlife;
• equipment malfunctions
• negligence of other participants or guides;
• Terrorism
• Government Actions
• Natural Disasters

• negligence on the part of Travel Unrivaled including failure to safeguard or protect from the risks or dangers of the Activities;
• consumption of alcohol;
• collisions with vehicles, equipment, or structures;
• becoming lost or separated from guides or other participants; and
• the failure to remain within designated areas.

 

I am not relying on any oral or written representations or statements made by Travel Unrivaled about the safety of the Activities other than what is stated in this Waiver.

 

I understand that I may choose not to participate in any given activity at any time, but that no refund will be given in the event I withdraw from an activity after paying for it.  I freely accept and fully assume these risks and the possibility of injury and loss resulting from my participation in the Activities.

 

RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT

In consideration of Travel Unrivaled allowing me to participate in the Activities I agree:

 

1. In the event that I, or my next of kin, suffer any loss, damage, expense, or injury from my participation in the Activities INCLUDING THOSE CAUSED BY THE RISKS SPECIFICALLY OUTLINED IN THIS WAIVER, I AGREE TO WAIVE ANY AND ALL CLAIMS I have or may have in the future against Travel Unrivaled and to RELEASE Travel Unrivaled from any and all liability; TO HOLD HARMLESS AND INDEMNIFY Travel Unrivaled from any and all liability for damage to property or personal injury to any third party resulting from my participation in the Activities.

 

2. Any dispute or claim, including non-contractual disputes or claims, shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction).

 

3. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns, and representatives, in the event of my death or incapacity. This Agreement and any rights, duties, and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of Missouri and no other jurisdiction.

 

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT:

This Dispute Resolution and Arbitration Agreement will apply if your (i) country of residence or establishment is in the United States; or (ii) your country of residence or establishment is not in the United States, but you bring any claim against Travel Unrivaled in the United States, the only country in which Travel Unrivaled does business.

 

Overview of Dispute Resolution Process. Travel Unrivaled is committed to participating in a reasonable and efficient dispute resolution process. To that end, these Terms provide for a two-part process for parties to whom this section applies: (1) an informal negotiation directly with Travel Unrivaled’s customer service team,

and (2) a binding arbitration administered by the American Arbitration Association (“AAA”). If you are a business, or acting in some way on behalf of your employer, then the AAA Commercial Arbitration Rules will apply. Otherwise, if you are an individual seeking Travel Unrivaled’s services for your personal use, then AAA’s specially designed Consumer Arbitration Rules will apply. In each case, the rules are modified by this “Dispute Resolution and Arbitration Agreement” section to the extent permitted. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.

 

If the Consumer Arbitration Rules apply, those rules provide:

• Claims can be filed with AAA online (www.adr.org);
• Arbitrators must be neutral and no party may unilaterally select an arbitrator;
• Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship

with any party;

• Parties retain the right to seek relief in small claims court for certain claims, at their option;
• The initial filing fee for the consumer is capped at $200;
• The consumer gets to elect the hearing location and can elect to participate live, by

phone, video conference, or, for claims under $25,000, by the submission of documents;

• The arbitrator can grant any remedy that the parties could have received in court to

resolve the party’s individual claim.

 

IMPORTANT NOTE: CONSUMER RULES WILL NOT APPLY TO BUSINESSES OR ANY PERSON USING THE TRAVEL UNRIVALED PLATFORM ON

BEHALF OF THEIR EMPLOYER.

Pre-Arbitration Dispute Resolution and Notification. Prior to initiating arbitration, you and Travel Unrivaled each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. If Travel Unrivaled has a dispute, we will contact you at the email address provided when completing your booking, or using other contact information you have provided to us in your profile.  If you have a dispute with Travel Unrivaled you can contact Travel Unrivaled’s customer service team by emailing us at Robert@TravelUnrivaled.com. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.

 

Agreement to Arbitrate. You and Travel Unrivaled mutually agree that any dispute, claim or controversy arising out of or relating to services you seek from, or services provided by, Travel Unrivaled (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Travel Unrivaled agree that the arbitrator will decide that issue.

 

EXCEPTIONS: You and Travel Unrivaled each agree that the following claims are exceptions to the Arbitration Agreement and may be immediately brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights and (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack). Furthermore, Travel Unrivaled reserves right to seek equitable relief in any court of competent jurisdiction. Any legal suit, action, or proceeding arising out of, or related to, services sought from or provided by Travel Unrivaled, and not subject to arbitration, shall be instituted exclusively in the federal courts of the United States or the courts of the State of Missouri, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country or in any court of competent jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Travel Unrivaled agrees that any required arbitration hearing may be conducted, at your option, (a) in Kansas City, Missouri; (b) in any  other location to which you and Travel Unrivaled both agree; or (c) via phone or video conference. For any claim or

counterclaim under $25,000, the arbitration will be conducted by solely the submission of documents to the arbitrator unless the arbitrator decides that documents alone are not sufficient to resolve the dispute.

 

Attorney’s Fees and Costs. You and Travel Unrivaled agree that Travel Unrivaled will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You may be

entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. For arbitrations conducted under the Consumer Arbitration Rules, unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Travel Unrivaled agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA Rules, to recover attorneys’ fees and expenses if it prevails in arbitration. For arbitrations conducted under the Commercial Arbitration Rules, the prevailing party will be entitled to recover its reasonable attorneys’ fees from the other party.

 

Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

 

I HAVE READ AND UNDERSTAND THIS AGREEMENT PRIOR TO SIGNING THE BELOW CONFIRMING MY AGREEMENT.

 

I am aware that by signing the below I am waiving certain legal rights which I may have against Travel Unrivaled. I hereby acknowledge that I have fully read, understood, and accepted each of the above provisions. I have had the opportunity to consult with an attorney at my own expense to discuss and review the terms of this Waiver and Release. I acknowledge that this Waiver and Release includes a release of liability which legally prevents me or any other person from filing suit, or making other claims for damages, in the event of death, personal injury, or property damage. I understand and agree that this Waiver and Release is binding on me and members of my family, my heirs, estate, executors, administrators, personal representatives and next-of-kin and their successors and assigns. My signature denotes my understanding of and agreement with these statements and their implications