TERMS AND CONDITIONS, RELEASE AND WAIVER OF LIABILITY FORMNOVA CONSERVATION
Thank you for participating in an experience offered by Nova Conservation (and is successors and assigns) (“Nova Conservation”). All travel and expedition services are provided to you subject to these terms and conditions (these “Terms”). These Terms are binding upon you, the individual listed below as the “Participant”, and all minor dependents under your legal care.
Reference in these Terms include Nova Conservation and its employees, managers, directors, owners, agents, contractors, volunteers, affiliated corporations and suppliers, and these Terms inure to their benefit. By booking or participating in a trip, experience or any other product (collectively, “Experience”) offered by Nova Conservation, you (“you” or the “Client”) agree to these Terms. If you are booking 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.
ASSUMPTION OF RISK
Traveling is inherently risky and requires an understanding that modes of transport, accommodation and itineraries may change, even after the Experience has commenced, without prior notice due to circumstances beyond the Nova Conservation’s control or when Nova Conservation deems it necessary. Accordingly, Nova Conservation reserves the right to amend, vary, reroute, or cancel Experiences and cannot guarantee exact arrival or departure times. You acknowledge that participation in the Experience and each activity is voluntary and that you are prepared to assume the risks associated with the Experience and that changes to the Experience may incur additional charges that will be at the cost of the Client. Nova Conservation will not be held liable for cancellations, re-scheduling, or re-routing due to pandemic, forces of nature, terrorism, civil unrest, war, accidents, or other forces beyond Nova Conservation’s control. You acknowledge and assume the risks associated with altitude, illness, disease, physical exertion, and alcohol consumption, with the knowledge that access to evacuation and/or suitable medical supplies and support may not be immediately available. By booking an Experience, you agree to take full responsibility for your own actions, safety, and welfare.
THIRD PARTY OPERATORS
Nova Conservation has full confidence in the professionalism of the third party suppliers with whom we do business, and we will do our utmost to ensure the Client receives professional service at all times and a smooth travel experience. However, Nova Conservation acts solely as an agent between participants and third party suppliers, and their local operators and sub-contractors, and thus cannot accept any responsibility for their services. Any services provided by third party suppliers are subject to their own terms and conditions. You acknowledge that third party suppliers operate in compliance with applicable laws in their state or country, and that any disputes that may arise will be handled through the jurisdiction of each operator’s respective place of business.
You understand that you will be a member of a group during the Experience and will conduct yourself in a way that will not endanger the group or yourself. You will choose an Experience and activities that are appropriate to your abilities. You understand that if you fraudulently represent yourself as fit for this Experience, you may be removed prior to or during the Experience at your own expense. You agree to comply with applicable laws and regulations of all destinations visited. If you fail to comply or Nova Conservation feels your behavior may cause danger, distress, or material annoyance to other clients, Nova Conservation may terminate your Experience. You will not be entitled to compensation for any unused or missed portions of the Experience, and expenses incurred due to termination of your Experience will be at your own expense.
The Client must take necessary steps to prepare for the Experience by studying the itinerary and any pre-departure information supplied, and for obtaining personal identification documents, visas, vaccinations, appropriate clothing, and equipment as advised therein. NOVA Conservation will not be held liable for any errors or omissions in provided information. You acknowledge that you have read the Experience itinerary and understand that optional activities, meals not listed as included, drinks and other personal expenses are undertaken at your own expense.
If you (or your minor dependent traveling with you) suffer from any known medical conditions you must let us know in advance. You are responsible for assessing the risks and requirements for the Experience and whether it is suitable for your unique circumstances, limitations, and requirements. Any special requirements or dietary requests or restrictions must be made to Nova Conservation at time of booking. While Nova Conservation will make every effort to accommodate such requests, we cannot guarantee such accommodations will be available and we will not be liable for any failure to fulfill such requests. The Experience may involve travel in remote places where medical care my not be easy to access or at the standards found in North America or other advance countries. Please ensure that you carry sufficient supplies of any medications you may require, even if you do not use them regularly. Experience prices do not include travel or medical insurance so please make sure you are adequately covered. Please consult with your health care advisor to confirm your fitness for travel and planned activities and any medical issues concerning your trip, including vaccination advice and malaria precautions. Nova Conservation does not provide medical advice and is not liable for the sickness or injury of any Experience participant. You warrant to us that neither you nor any minor dependent has any pre-existing medical condition or disability that will have an impact on or prevent you or your minor dependent from participating in or completing the Experience. In the event of illness or injury, you authorize Nova Conservation to take such action as is necessary for the provision of medical services at your cost. You must pay the costs of those services to the provider of those services. You are not entitled to any refund for any part of a Experience that you missed due to sickness, illness or injury or due to other circumstances outside the control of Nova Conservation.
We strongly recommend obtaining travel insurance to cover events such as death, personal accident, injury, medical expenses, air ambulance, air rescue, loss of effects, repatriation costs, and all other expenses which may arise as a result of death, illness, loss, damage, injury, delay, and inconvenience occurring to the participant. It is also highly recommended that all passengers take out trip cancellation insurance, including flight cancellation and delay, to cover any possible losses incurred by the mishaps of chance. The costs of travel insurance are not included in the Experience price and you are responsible to purchase coverage separately at an additional cost.
As a condition of booking, you are responsible for providing the information requested by Nova Conservation and for the correctness and accuracy of the information including, but not limited to, passport information, health information, ages of participants, and more. Nova Conservation will not be held liable for any fees, costs or losses associated with errors, omissions, inaccuracies, or incomplete information provided by the client or information not provided in a timely manner. You acknowledge that Nova Conservation must collect this information and at times may disclose such information with third party suppliers as reasonably required and will make every attempt to keep the information private. You are responsible for obtaining all documentation prior to start of the Experience and for the costs to obtain any missing documentation or for costs and fees associated with failure to have documents in your possession. You agree that any loss or expense incurred by Nova Conservation that is a result of your failure to have proper documentation is your responsibility.
RELEASE AND WAIVER OF LIABILITY
In further consideration of your participation in the Experience, you hereby WAIVE, RELEASE, DISCHARGE AND COVENANT NOT TO SUE Nova Conservation, and each of its directors, officers, owners, employees, volunteers, representatives and agents, and all activity holders, sponsors and volunteers (the “Released Parties”) from any and all liabilities, claims, demands actions, and causes of actions of any type or nature, including but not limited to, liabilities arising from the negligence or fault of the Released Parties, for death, disability, personal injury, property damage, property theft, or any other loss, damage or injury of any kind which may hereafter occur to you or any of your minor dependents arising out of or relating to participation in the Experience and related activities, including the traveling to and from any activities.
Nova Conservation may suspend its obligations under these terms and conditions if its ability to perform is affected by circumstances outside its control including natural disasters, pandemics, epidemics, explosions, embargos, government directives, political events, war, or any law or regulation, litigation, labor dispute or terrorism or any other cause which is beyond the Nova Conservation’s reasonable control. Unless required by law or otherwise expressly agreed to in writing by Nova Conservation, no refunds are payable, and no claims may be made if you do not complete an Experience regardless of the reason. You acknowledge that you cannot claim compensation or seek damages if Nova Conservation exercises any of the rights conferred on it by these Terms unless these Terms expressly provide otherwise.
Nova Conservation is not liable for death, injury, illness, delay, loss, or damage to person or property, direct and indirect financial costs, or failure to perform or complete any duty if such death, injury, illness, delay, loss, or damage is caused by act of God, war, terrorist activity or threat, political or governmental action, mechanical breakdown, strike, riot, transportation cancellation, natural disaster, pandemic, fire, extreme weather, or any other cause beyond the control of Nova Conservation, or an event which Nova Conservation or its partners, suppliers, or agents, could not foresee any and all of which constitute “Force Majeure”.
COVID-19 AND OTHER DISEASE
You acknowledge that there is a worldwide COVID-19 (coronavirus) pandemic, as well as periodic outbreaks of other diseases throughout the world and that any outbreak, epidemic, or pandemic could affect travel plans. You acknowledge that due to this and other reasons not foreseeable by Nova Conservation, travel plans may be interrupted, delayed, or cancelled by Nova Conservation or its suppliers, a governmental agency or a transportation supplier and that the Nova Conservation’s and the third party supplier’s cancellation, rescheduling, and refund policy will determine your rights to rebook or refund or lack thereof. You acknowledge the risk that any third party supplier may refuse or be unable to comply with their own rescheduling or refund policy and that this is out of the control of Nova Conservation and will result in a refund not being available to you. You agree to comply with local health and safety requirements including but not limited to mandatory face coverings, temperature checks, social distancing and you acknowledge possible delays due to increased screening and testing at entry and exit points and that these restrictions may be implemented or altered during the Experience which could delay or prevent entry or exit. You agree that the terms of any travel insurance policy you purchase will determine coverage which may or may not include cancellations due to outbreaks, epidemics, or pandemics. You agree to release Nova Conservation from any and all liability for any such damages or losses that may arise from such cancellation or interruption of the Experience.
You give permission for Nova Conservation to use images (including still and video) and audio of you taken during the trip without recourse to you and without compensation to you, for publicity and promotion purposes as well as television content, through whatever medium it chooses.
PRICES, PAYMENT AND CANCELLATION
Nova Conservation reserves the right to increase the Experience price due to changes in airfare, taxes, fees, permit fees, fuel charges, currency fluctuation and availability. Any initial deposits are non-refundable for any reason, including lack of additional participants, unless prior arrangements have been agreed to in writing between Nova Conservation and the client. Nova Conservation will present a payment schedule for remaining payments after the deposit, your failure to complete total balance of payments may result in removal from the Experience and forfeit of all funds paid to date. You may cancel your Experience by notifying Nova Conservation in writing. Cancellation fees will be determined by the date on which notice of cancellation is received by Nova Conservation. Nova Conservation will not be held responsible for any incidental expenses or losses incurred due to cancelled or rescheduled Experiences including but not limited to visa fees, vaccination expenses, airfare or other transportation expenses. On occasion, a portion of the Experience may have to be altered prior to or during the Experience without notice due to unforeseeable circumstances or events outside Nova Conservation’s control including but not limited to Force Majeure, illness, injury, strikes, terrorism, political events, mechanical breakdown or transportation cancellation, governmental action, pandemic, epidemic, outbreak, or natural disaster. You acknowledge that you will not receive refunds or credits for missed or unused services or accommodation changes.
I/WE HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I/WE HAVE READ AND UNDERSTOOD IT, AND I/WE AGREE TO BE BOUND BY ITS TERMS.