Terms and Conditions
Standard Booking Terms and Conditions
This Agreement, including these Standard Booking Terms and Conditions, governs your reservation for booking or reserving travel with us (“Trip”), the itinerary for the Trip (including without limitation any travel reservations, transportation arrangements, reservations, tickets, tours, excursions, rentals, accommodations, experiences or other offerings) and payment for the Trip.
“Down Under Endeavours,” “us,” “we,” “our”, and “DUE” means Down Under Endeavours, Inc., an Illinois corporation with its principal place of business located in Chicago, Illinois, USA. The term “you” refers to the client, booking a Trip through us, or otherwise using our services on your own behalf or on behalf of you and those in your group.
2. Acceptance of this Agreement
Down Under Endeavours sells a variety of travel-related products or services from different suppliers and service providers, including but not limited to, airlines, tour operators, hotels, motels, resorts, excursions, guesthouses, car rental companies, and other transportation, travel or hospitality-related companies, suppliers and/or service providers (collectively, “Suppliers”). By booking your Trip with us, you are agreeing to be bound by the terms of this Agreement, as well as any additional terms and conditions of any Supplier applicable to your Trip (including any such bookings, reservations, refund and/or cancellation policies). You agree that any breach or violation of any such terms and conditions may result in (a) the cancellation, in whole or in part, of your Trip, including any reservation, booking, tour, travel, transportation, excursion, or other purchase, (b) your forfeiture of any monies paid for your Trip in whole or in part, (c) you being denied access to any travel-related product or service, and/or (d) our right to debit your account or otherwise to seek reimbursement for any direct or indirect costs or expenses Down Under Endeavours incurs as a result of such breach of violation, in addition to any other remedies set forth herein.
You represent and warrant to us that (i) you are of legal age and competency to enter into this Agreement, (ii) you are legally authorized to act on behalf of those you represent and accept this Agreement on their behalf, individually and as a group, and (iii) the information supplied by you or members of your group are true and accurate. You are responsible for advising those you represent to review this Agreement and otherwise inform such other persons of all terms and conditions applicable to the Trip. You understand that you are financially responsible for the Trip, including any use of our services and those using your name or account.
A non-refundable prepayment deposit of thirty percent (30%) of the total cost of land arrangements associated with the Trip is due at time of Trip booking, plus any additional non-refundable deposits required by Suppliers (collectively, the “Deposit”). Such Deposit, along with this executed Agreement are required in order to confirm the arrangements listed in your Trip quote.
If a selected itinerary component is unavailable for any reason at time of Deposit, Down Under Endeavours will notify you as soon as possible to discuss a suitable alternative, if any. You acknowledge that Deposits and payments may vary based on passenger numbers and other variables and can be provided on a group-specific basis as requested. You further acknowledge that the Deposit does not include nor apply toward commercial airfare. The cost of airfare is additional to land arrangements and are subject to change until ticket reservations are finalized. The Deposit also does not include nor apply towards travel insurance.
Full payment for the Trip shall be due eight (8) weeks prior to the date of departure. Any bookings, reservations, modifications or changes for a Trip made less than 8 weeks from the date of departure shall require full payment at the time of such booking, reservation, modification or change. The following forms of payment are acceptable: EFT, EBT, bank wire, Zelle, Venmo, check, cash, and/or credit card (MasterCard, Visa, American Express, and Discover). At our sole and absolute discretion on a case-by-case basis, Trip prices may reflect a discount for payments made by check or cash. All payments made less than six (6) weeks prior to the date of departure shall be made only by credit card, wire, or a certified bank check (checks must be sent overnight via FedEx or UPS). Notwithstanding anything to the contrary herein, after partial or full payment, the terms and conditions of any contract with a Supplier may permit them to increase the cost of your reservation, itinerary item or arrangements. Therefore, you acknowledge that you may be charged additional sums by Down Under Endeavours to account for increased fees charged by Suppliers, and we reserve the right to pass through to you any such increases in costs, including, but not limited to, rates of exchange, taxes, security fees, and the like, for confirmed arrangements which may be introduced by Suppliers or governing bodies. Down Under Endeavours also reserves the right to correct all and any errors and omissions, both prior to and after your booking is confirmed. You acknowledge that Down Under Endeavours is not liable for any cost increases imposed by Suppliers at any time before, during or after the Trip.
6. Airfare and Airline Reservations
You understand and acknowledge that airfare costs are subject to change until paid in full. Tickets are issued once the airfare is paid in full. Airline prices are quoted inclusive of all taxes and government fees. Flights must be flown in the sequence they appear on your ticket or eticket confirmation. If you do not plan to take a flight or flight segment as booked, or do not do so, please contact the airline as far in advance as possible to discuss your options. If you do not check in timely for a confirmed reservation, the airline may register you as a “no-show” which could result in additional charges, cancellation of your entire flight itinerary, or voiding of your ticket. In addition, you acknowledge that airfare may be nonrefundable, and your airline ticket constitutes a contract between you and the airline, even if purchased or reserved through Down Under Endeavours. As such, you understand that any liability related to such airfare, airline reservations or itinerary rests with the airline, and not Down Under Endeavours. and you will look exclusively to the applicable airline carrier(s) for any remedies or resolution related thereto.
Commercial airline tickets must be paid in full at the time of ticketing and are subject to airline reservation, change or cancellation policies. Airline cancellation charges are set forth on the respective carrier’s websites.
Baggage (also known as luggage) is at owner’s risk throughout the Trip. Airlines, aviation companies, private aircraft charters, helicopters, buses, vans, taxis, private transport services, water taxis, cruise lines, cars, rental agencies, and other modes of transportation may all have restrictions on baggage dimensions, weight, and number of pieces, and those policies are set by the individual companies, and may change without notice. It is your responsibility to comply with all baggage restrictions. With respect to major commercial air carriers, you should visit the relevant airline’s baggage allowance website for the most up to date information.
8. Contracts with Suppliers
Down Under Endeavours serves as an intermediary between you and the Suppliers on the travel itinerary, regardless if arrangements are being made for land, air, or both, e.g., air carriage and ground transportation, hotel accommodations, meals, tours, cruises, etc. Down Under Endeavours is not a co-vendor of such products or services. Each Supplier has its own terms and conditions that are applicable to your arrangements, in addition to the general terms and conditions set forth in this Agreement. The provision of services by the Suppliers may create a contract between you and the respective Suppliers. Down Under Endeavours cannot and does not accept liability in relation to any or all acts by Suppliers. Your contract with the Suppliers may allow them to cancel or amend bookings. In the event a Supplier cancels or makes changes to your booking, Down Under Endeavours does not accept any liability for any costs or expenses incurred as a result of any such cancellations or changes. Any such liability rests solely with such Suppliers, and you will look exclusively to the applicable Supplier for any remedies or resolutions of issues, changes, cancellations, claims or disagreements.
9. Minimum Booking Fee
Our minimum booking amount for a Trip is Ten Thousand Dollars ($10,000.00 USD). For Trip bookings less than Ten Thousand Dollars ($10,000.00 USD), a minimum of a Five Hundred Dollar ($500.00 USD) non-refundable booking fee will apply.
Changes or modifications requested by you to your travel arrangements are permitted when possible and will be subject to our standard service fee of One Hundred Dollars ($100.00 USD) per change or modification. Such change fees are in addition to any Supplier fees or charges. All changes for land arrangements after Trip confirmation must be in writing and must include: changes to the dates of travel, passenger names, touring/itinerary, and hotels. In some instances, amendments or modifications cannot be guaranteed (i.e., changes to air tickets/reservations that are governed by separate airline-specific conditions). Please contact your original booking agent to inquire about changes and for details on how to request changes. Please note that all reservation changes or modifications are subject to availability and the terms and conditions of the products or services purchased. Also, please note that changes to name details are not allowed by many airlines and other Suppliers. While we will endeavor to make such a change, if necessary, please bear in mind that most airlines and Suppliers treat a name change as a cancellation, to which standard conditions and charges would apply. Any additional increase in itinerary costs due to changes or modifications will be reflected accordingly on an updated invoice, which shall be your financial responsibility, exclusively.
11. Cancellations and Cancellation Policy
If you or any member of your traveling group needs to cancel the booking for any reason, the cancellation(s) must be provided to Down Under Endeavours in writing. All such cancellation notices must be emailed to your travel consultant and/or employee who is assigned to your trip. Cancellations for all or any part of your Trip will not be effective until received in writing. Travel insurance premiums and Trip amendment charges are one hundred percent (100%) non-refundable. As set forth above, Deposits are one hundred percent (100%) non-refundable. Cancellation more than sixty (60) days prior to the date of departure shall result in the loss of Deposit and any fees levied by the Suppliers. Cancellation between sixty (60) and thirty (30) days prior to the date of departure shall result in the loss of fifty percent (50%) of the Trip cost, the Deposit and any fees levied by the Suppliers. Cancellation twenty-nine (29) days or fewer prior to the date of departure, a no-show, or early return from the trip shall result in the loss of one hundred percent (100%) of the Trip cost, the Deposit and any fees levied by the Suppliers. Your decision not to participate on the Trip due to U.S. State Department, U.S. Centers for Disease Control (CDC), or other governmental or health authority, advisories, warnings or travel restrictions, fear of travel, or for any other reason will be deemed a cancellation.
All applicable refunds, if any, will be paid after Down Under Endeavours has received the funds back from the Supplier(s) and after any applicable cancellation and administrative charges have been applied, and will generally be credited or reimbursed within eight (8) weeks of your originally scheduled return date. Down Under Endeavours is not responsible for any Supplier’s failure to pay a refund. Refund applications will also incur a minimum administrative fee of One Hundred ($100.00 USD) per refund. Notwithstanding the foregoing, you acknowledge that some refunds may take longer to process. We will return all unused air tickets to the respective airlines for a refund, where possible. No refunds will be offered for vouchers, or tickets that cannot be returned to us. You are solely responsible for contacting any travel insurance provider to determine if costs incurred by your due to your cancellation are covered under the terms of your travel insurance policy.
12. Cancellations and Postponements by Down Under Endeavours
Down Under Endeavours reserves the right to change the itinerary, the Suppliers, tour operators, accommodations such as hotels, resorts, lodges, guesthouses, etc. utilized or any Trip at any time and for any reason, with or without notice, and Down Under Endeavours shall not be liable for any loss of any kind as a result of any such changes. Down Under Endeavours may cancel or postpone a Trip (or an option) under certain circumstances, of which we would advise in writing prior to cancellation. Further, you acknowledge and agree that seasonal changes (for example, low versus high season) may result in higher prices. In any event, for cancellations (or postponements) based upon acts of God or force majeure, acts or orders of government, epidemics, pandemics or the threat thereof, terrorism or the threat thereof, strikes or labor disturbances, demonstrations, riots or civil unrest, criminal activity, supplier default or insolvency, or other similar circumstances, our sole obligation is to issue credits in the amount of moneys paid to Down Under Endeavours, but only to the extent its Suppliers are crediting Down Under Endeavours with those monies paid by Down Under Endeavours to them. Under no circumstances is Down Under Endeavours obligated to refund the cost of any purchased travel insurance. Down Under Endeavours is not required to cancel any Trip for any reason including without limitation, United States Department of State, Centers for Disease Control, World Health Organization or other warnings or advisories of any kind. Down Under Endeavours is not responsible for fees assessed by air carriers resulting from operational and/or itinerary changes, even if Down Under Endeavours makes the flight arrangements or cancels the Trip. Down Under Endeavours reserves the right to substitute lodges, hotels, resorts, transfers, suppliers, vessels or attractions for those listed in the Trip description if same is required by circumstances beyond its control or for your convenience or well-being.
13. Price Fluctuations and VAT
You acknowledge and agree that destination countries increase their VAT (taxes) from time to time, and some Suppliers may impose energy surcharges or other price increases. In addition, prices are also subject to increase due to currency fluctuations. Any such increases will be applied to your total due at the time of final payment.
14. Other Taxes and Fees
Some governments charge departure taxes and/or fees, and you acknowledge that these fees are the responsibility of each passenger traveling to the designated country and are not included in the Trip price unless otherwise stated. Furthermore, the Trip price does not include prices, fees, costs or charges related to: taxes; passport, visas and associated fees; personal expenses such as laundry, telephone calls and Internet access; accident/sickness, trip cancellation, and baggage insurance; gratuities to Suppliers (including accommodations and transportation Suppliers); optional tours or excursions; baggage charges; local departure air/airport taxes; airfare and associated local taxes, airport facility and security taxes and federal inspection fees; transfers and baggage handling to/from airport/hotel/ship on day(s) of arrival and/or departure; any overnight on land due to flight schedule(s); meals, alcoholic or other beverages and all other services not specifically mentioned as included in the Trip.
15. Physical Accessibility
All Trips require a level physical independence and mobility. Any physical, mental, mobility, or health condition that may require special medical attention or physical assistance (for example, the need for a wheelchair) must be reported in writing when you make your reservation. Travelers must be able to embark or disembark vans or motor coaches alone or with minimal assistance from your traveling companion and climb stairs and step over raised thresholds without assistance. Travelers requiring assistance must travel with a companion who will be responsible for handling equipment.
16. Travel Insurance
In the event that you must cancel your Trip, travel insurance may be the only source of reimbursement. Down Under Endeavours offers a Cancel-For-Any-Reason (CFAR) travel insurance policy through third-party insurance companies, including but not limited to, TravelSafe and IMG, and policy information is available upon request. Down Under Endeavours will offer an initial quote for the purchase of CFAR travel insurance at the time of Deposit for you and each of the members of your traveling group; however, you acknowledge that the quoted price is subject to change until such travel insurance premium is paid in full by you and such members of your traveling group who may opt for such travel insurance. Also note, there are some states that do not permit travel insurance companies to underwrite CFAR policies, and therefore not available on those areas. You are NOT required to use or purchase the travel insurance quoted by us. There are frequently other travel insurance providers available with similar services. You are free to shop around to determine that you are receiving the best services and the best rate and coverage for such services. You acknowledge that travel insurance is a mandatory element of some travel arrangements to certain locations around the world. In addition, medical evacuation coverage may be required as a condition of Trip booking.
Should you elect not to accept the coverage Down Under Endeavours offers, you will be required to confirm to us, in writing, that you are declining coverage via a signed “Travel Insurance Waiver” form that will be provided to you and must be returned to your travel consultant prior to your trip departure date. At such time as execution of such form, such Travel Insurance Waiver form will be incorporated herein and shall be deemed a part of this Agreement. In addition, any reservations, trips, tours, accommodations, services or other items that you wish to include in your insurance coverage that were not purchased or booked through us will require documentation to us confirming proof of purchase (a copy of your receipt). Proof of travel insurance coverage or a signed “Travel Insurance Waiver” is required prior to releasing final travel documentation.
17. Medical Proxy
If you are unable to authorize your own medical attention and treatment, you authorize Down Under Endeavours, Inc. or its subcontractors, Suppliers or agents to authorize medical attention and treatment on your behalf. You agree to hold harmless and release Down Under Endeavours, Inc. from any liability for medical attention arranged or not arranged on your behalf. Down Under Endeavours, Inc. assumes no liability regarding provision of medical care or evacuation services.
18. Travel Documents
Travel documents will be emailed to you approximately twenty-one (21) days before your departure date. Travel documents will not be released until full payment for the Trip has been received and all relevant forms have been signed and returned to us. You are responsible for reviewing all documentation, including but not limited to, invoices, itineraries, tickets, reservations, bookings, accommodations, transportation, transfers, etc., which shall be provided to you. It is your responsibility to ensure that all of the details on your travel documents are correct. You expressly agree and acknowledge that you shall advise Down Under Endeavours, in writing, of any discrepancies in the travel documents within seven (7) days of receipt of same. Down Under Endeavours does not accept any responsibility for any discrepancies or errors if Down Under Endeavours is not notified of same, in writing, within seven (7) days of your receipt of the travel documents. Your travel documents are valuable and should be safeguarded. It is not always possible to replace travel documents in the case of loss, theft, damage, etc. If possible, Down Under Endeavours will use commercially reasonable efforts to assist you in replacing travel documents, vouchers, or air tickets, but assume no liability or expense for any loss, theft, damage, or the inability to replace any such travel documents.
19. Unused Vouchers/Air Tickets
You acknowledge and agree that if your travel package is only used in part, any portion of your package that is not used is non-refundable.
20. Confirmation of Airline Itinerary
It is the responsibility of each traveler to contact the appropriate airline(s) at least twenty-four (24) hours prior to departure to confirm all flights in your travel itinerary. Down Under Endeavours has no control over airline schedule changes and/or cancellations, and accepts no liability whatsoever for any loss, damage, cost, expense, inconvenience or claim which may arise as a result of such changes or cancellations. Down Under Endeavours will make every effort to advise you of schedule changes or cancellations prior to departure; however, we accept no liability for any changes and/or cancellations, or any alleged failure to notify you of such changes.
If necessary, Down Under Endeavours reserves the right to alter, at any time, ground services. If possible, Down Under Endeavours will attempt to consult with you directly to substitute comparable ground service arrangements.
Prior to booking international travel, Down Under Endeavours recommends that you review any U.S. Government’s prohibitions, warnings, and advisories applicable to your destinations. By offering travel to any particular destination, Down Under Endeavours does not represent that travel to such destination is permitted, advisable, safe or without risk.
23. Passport, Visa, and Immigration Requirements
International travel requires a passport valid 6 months beyond your intended return travel date. In most cases, you will also need to have multiple consecutive blank visa pages within your passport (the number varies depending on the destination(s)). If one parent or guardian plans to bring a minor child without the other parent or parents, some countries and airlines have strict documentation and permission requirements. Birth certificates may be required for children under 18. Some destinations require visas, completed health declaration forms, and additional requirements in addition to but not limited to proof of vaccination(s) for all travelers. Certain countries require issuance of a visa prior to entering their country. Down Under Endeavours can advise you of the entry requirements for the destinations that you are visiting, however it is your sole responsibility to check with the respective consular offices for all entry requirements. It is your responsibility to fulfill the passport, visa, and other immigration and entry requirements applicable to your itinerary. If you have a criminal record, you must contact a consular office or embassy to obtain complete details of entry requirements. Down Under Endeavours does not accept any responsibility in the case of you being unable to travel or enter a country due to not complying with any such requirements or entry restrictions.
24. Travel Advice and Vaccinations
U.S. Citizens should refer to the travel advice posted by the U.S. Department of State at travel.state.gov for all the countries you intend to visit. Certain vaccinations and/or health screenings and/or tests may be required for destinations you are intending to visit. It is your responsibility to ensure that you have arranged all necessary vaccinations for your itinerary within the appropriate timeframes in advance of your travels.
25. Special Requests
Down Under Endeavours shall reasonably attempt to assist you with your individual, special requests; however, we cannot guarantee that such special requests will be granted. Down Under Endeavours asks that all such requests be made in writing at the time of making the original Trip booking. Please include requests for frequent flyer updates to bookings, non-smoking rooms, special dining/dietary requirements, and any special accessibility requirements. Although we can pre-assign seats with airlines in selected circumstances, such seat requests are not guaranteed and are subject to change at airport check in, solely at the discretion of the airline and often without prior notification. Down Under Endeavours accepts no liability for any special requests that are not granted.
26. Hazardous Materials Disclosure
Federal law prohibits carrying hazardous materials aboard an aircraft in your luggage or on your person. A violation can result in imprisonment and penalties (49 U.S.C. 5124). Hazardous materials include, but are not limited to, explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives, and radioactive materials (e.g., paint, lighter fluid, fireworks, tear gases, oxygen bottles, radiopharmaceuticals, and the like There are special exceptions for small quantities of medicinal and toiletry articles carried in your luggage and certain smoking materials carried on your person. For further information and the most up to date list of prohibited items, please review the information for both approved and prohibited items found on TSA’s site at tsa.gov. You are also responsible for determining any such prohibited items specific to your Trip destinations.
27. Force Majeure
Down Under Endeavours will not be liable or responsible for any failure or delay in fulfilling or performing any of its obligations when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including, without limitation: (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest or disorder; (d) government order, mandate, advisories, regulation or law; (e) actions, embargoes, quarantines, or blockades; (f) action by any governmental authority; (g) national or regional emergency; (h) disease or medical epidemics, pandemics, or outbreaks; and/or (i) strikes, labor stoppages, disputes or slowdowns, or other industrial disturbances.
You agree to indemnify, defend, and hold harmless Down Under Endeavours, our predecessors, successors, assigns, agents, employees, attorneys, officers, directors, shareholders, contractors, and affiliates, as well as all other persons or entities acting on behalf of Down Under Endeavours, and our Suppliers, from and against all liabilities, losses, damages, demands, claims, fines, taxes, penalties, interest, costs and expenses, including without limitation reasonable fees and disbursements of counsel, suffered or incurred by us, whether or not involving a third-party claim, arising, directly or indirectly, from or in connection with: (a) your breach of this Agreement; (b) your violation of any law; (c) your violation of any rights of any third party; and, (d) your use of our website.
29. Warranties, Disclaimers, and Limitation of Liability
The information, products, and services provided by us or our Suppliers or published on our website may include inaccuracies, errors or dated information, including, but not limited to, pricing errors. Down Under Endeavours does not guarantee the accuracy of any such marketing materials, and disclaim all liability for, any errors, omissions, or other inaccuracies relating to such information that appears on our website. Down Under Endeavours expressly reserves the right to correct any pricing errors and on pending Trip reservations and/or arrangements made under an incorrect price. In such event, if available, Down Under Endeavours will offer you the opportunity to keep your pending Trip reservation(s) and/or arrangement(s) at the correct price or Down Under Endeavours will cancel your Trip reservation(s) and/or arrangement(s) without penalty.
Any ratings for Suppliers are intended only as general guidelines, and Down Under Endeavours does not guarantee the accuracy of the ratings. Down Under Endeavours makes no guarantees about the availability of specific products and services. Down Under Endeavours makes no representations about the suitability of the information, products, and services provided by us or contained on our website for any purpose. The inclusion or offering of any Supplier, products, or services by us does not constitute our endorsement or recommendation of such Supplier, product or service.
All such information, products, and services are provided “as is” without warranty of any kind. Down Under Endeavours disclaims all warranties that our website, our servers, or any email sent from us or our Suppliers are free of viruses or other harmful components. Down Under Endeavours hereby disclaims all warranties and conditions with regard to this information, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and noninfringement. Warranty disclaimers may vary from state to state.
The airline carriers, hotels, and other Suppliers providing travel or other services on this website are independent contractors and not agents or employees of Down Under Endeavours. We are not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any such Suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Down Under Endeavours has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure, or other causes beyond our control, and Down Under Endeavours has no responsibility for any additional expense, omissions, delays, re-routing, or acts of any government or authority.
In no event shall Down Under Endeavours be liable for specific performance or any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your Tip or your access to, display of, or use of this website or our services or with the delay or inability to access, display, or use our website whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if we have been advised of the possibility of such damages.
If, despite the limitation above, Down Under Endeavours is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then our liability will in no event exceed, in the aggregate, the lesser of (a) the service fees you paid to us in connection with such transaction(s) and/or Trip, or (b) one-hundred US dollars ($100.00 USD).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed its essential purpose.
30. Responsibility and Assumption of Risk
Down Under Endeavours, its employees, shareholders, subsidiaries, affiliates, officers, directors, successors, and assigns, do not own or operate any entity which provides goods or services for your Trip including, for example, lodging facilities, airline, accommodation, excursion, vessel, or other transportation companies, safari, tour or guide services, local ground or safari operators, providers or organizers of optional excursions, food service or entertainment providers, etc. All such persons and entities are independent contractors. As a result, Down Under Endeavours is not liable for any injury, claim, loss or any negligent or willful act, failure to act, financial failure or other defaults of any such person, entity, supplier or any other third party.
In addition and without limitation, Down Under Endeavours is not responsible for any injury, financial or other loss, death, inconvenience, delay, or damage to person or property in connection with the provision of any goods or services whether resulting from, but not limited to, acts of God or force majeure, acts or orders of government, acts of war or civil unrest, insurrection or revolt, bites from or attacks by wild or domestic animals, insects or pests, strikes or other labor activities, criminal or terrorist activities of any kind or the threat thereof, sickness, illness, epidemics or the threat thereof, the lack of availability of or access to medical attention or the quality thereof, overbooking or downgrading of accommodations, mechanical or other failure of airplanes, vessels or other means of transportation, or for any failure of any transportation mechanism to arrive or depart timely or safely. Further, you release Down Under Endeavours from its own negligence and assume all risk thereof.
Down Under Endeavours has no special or unique knowledge regarding the financial condition of the Suppliers of services, unsafe conditions, health hazards, weather hazards, or climate extremes at locations to which you may travel. For useful information regarding your destination, Down Under Endeavours strongly recommends reviewing the destination-specific information at www.travel.state.gov, and the Centers for Disease Control at www.cdc.gov/travel as well as other applicable governmental websites maintained by the governmental authorities at your destination.
You acknowledge and agree that specific room assignments are within the sole discretion of the lodge, resort, hotel, guesthouse, etc. If due to weather, flight schedules or other uncontrollable factors, you are required to spend an additional night(s) at a destination, you will be responsible for your own hotel, transfers, meals, and associated costs.
Down Under Endeavours reserves the right to decline to accept or service you or any member of your traveling group or remove from a Trip, without refund, any person Down Under Endeavours judges to be incapable of safely meeting the rigors and requirements of participating in the activities, or who is abusive or harassing to other guests, employees, Suppliers, guides, leaders or third parties, or who Down Under Endeavours determines to detract from the safety or enjoyment of the Trip by others.
31. Intellectual Property Rights
Unless otherwise set forth herein, the software required for our services or available at or used by on our website and the intellectual property rights (including the copyrights) of the contents and information of and material on our website are owned by, permitted to use by, or licensed to Down Under Endeavours or its Suppliers (as applicable).
Down Under Endeavours exclusively retains all rights, title, and interest in and to all intellectual property rights, including, but not limited to, the look and feel of our website on which the service is made available, and you are not authorized or licensed to copy, display, scrape, link to, publish, market, integrate, utilize, combine, or otherwise use the content or our brand without our express written permission. To the extent that you would use or combine our content or would otherwise own any intellectual property rights in the website or any content or guest reviews, you hereby assign, transfer, and set over all such intellectual property rights to Down Under Endeavours. Any unlawful use or any of the aforementioned actions or behavior will constitute a material infringement of our intellectual property rights, including, but not limited to, copyright and database right.
32. Photo and Video Release
If requested by Down Under Endeavours, you consent to our use of pictures or video of you in our marketing materials without compensation or claim of copyright.
33. Binding Arbitration; Governing Law
Any dispute concerning, relating or referring to this Agreement, any marketing materials, advertisements, brochures or any other literature or information concerning the Trip, or any Trip itinerary items or events, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. Sections 1-16, either according to the then existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). The arbitration shall be governed by substantive (but not procedural) Illinois law and will take place in Chicago, Illinois without regard to any conflicts of law. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. By agreeing to this Agreement, you understand that you are waiving the right to a trial by jury. Any arbitration commenced against Down Under Endeavours, Inc. must be on behalf of only the signatory to this Agreement and his or her immediate family members who travelled with signatory, such as a spouse or child. Under no circumstances can you be part of a class or other joint action.
34. California Seller Of Travel Act Disclaimer
California has established a Travel Consumer Restitution Fund under the California Seller of Travel law. This Fund is designed to protect consumers from unscrupulous practices by sellers of travel. This law does not cover non-California residents, and even in the case of California residents, it does not cover any foreign travel where the foreign “providers of transportation or travel services” are not in compliance with the Seller of Travel law (compliance being defined as a Seller of Travel in California and a participant in the Travel Consumer Restitution Fund). Thus, none of Down Under Endeavours’ trips qualify. The law requires all tour operators to advise each of their clients that they would not be eligible to make any claim from the Fund in the unlikely event of default by Down Under Endeavours or any of our foreign suppliers.
This Agreement is intended to be a binding agreement between you and Down Under Endeavours. In the event a court of competent jurisdiction finds any term or provision of this Agreement is unlawful or unenforceable, then it is your intent that such court apply a rule of reasonableness and modify the provision in question so that it will remain in effect to the greatest extent permitted by law. In the event a court finds such procedure to be inappropriate, then the provision held unlawful or unenforceable shall be excised from this Agreement and the remaining provisions of this Agreement will remain in full force and effect.
36. Modification and No Waiver
This Agreement may not be modified or amended except by a writing signed by you and an officer of Down Under Endeavours, Inc. The failure of Down Under Endeavours, Inc. to enforce any right under any provision of this Agreement, in one or more instances, shall not act as a waiver of Down Under Endeavours, Inc.’s right to enforce any provision of this Agreement.
Unless otherwise stated herein, any notice given to Down Under Endeavours pursuant to this Agreement shall be in writing and shall be given to Down Under Endeavours by email to firstname.lastname@example.org or overnight delivery to the following address: 5315 N. Clark St., Unit 615, Chicago, IL. Any such notice shall be deemed to have been given upon receipt by Down Under Endeavours.