Terms & Conditions, Release from Liability, Assumption of Risk, and Binding Arbitration Agreement

By accessing, viewing, or using the Escapes Travel, Inc. (hereinafter referred to as TBA Escapes) website, you acknowledge that you have read, understood, and do thereby agree to be bound by the terms and conditions herein (the “Terms”). The Terms constitute a legal contract between you and TBA Escapes and shall govern all use of the website, and the accessing and use of all content, services, and information provided on this website. TBA Escapes may update the Terms with or without separate notice to you. Each time you access this website, you agree to be bound by the Terms then in effect. If you do not agree to the Terms, you should not use, view, or further access this website or our services.

Escapes Travel, Inc.
815 E. St., #12709
San Diego, CA 92112
(619) 273-3353
www.tbaescapes.com
[email protected]

Rates & Reservation Information

Rates are per person, double occupancy, unless otherwise noted. For current pricing, please see our website at www.tbaescapes.com. Rates are guaranteed at the time that the deposit is received by TBA Escapes. Until such time, rates are subject to change.

Today our worldwide travel collection features comprehensive tours to South Africa, Jordan, Morocco, Egypt, and the Galapagos Islands. The rates generally include expert leadership, accommodations, arrival & departure airport transfers, three meals a day, ground transportation, local guides, entry fees & tickets to activities, sightseeing as noted in the tour itinerary, and support staff/porters.

The rates do not include any other items such as air travel, airline fees, airport or departure taxes, transfers, visas, customary gratuities, required travel insurance, driver, local guides, hotel housekeepers, cruise ship waitstaff, and any incidental charges. Each tour varies slightly, so please email [email protected] for additional details. Additional details can also be found on the website FAQ page.

Payments

After applying for a tour on the website, space permitting, you will receive an official invitation email for that tour. In order to reserve your place on said tour, an initial 20% non-refundable deposit is due within forty-eight (48) hours of receipt of your invitation email. The invitation email will include a link to pay your deposit. If your booking is made within sixty (60) days of the scheduled departure date, then payment in full for the tour will be required at the time of booking.

Prices are in U.S. dollars. All payments must be made by cash, check or charge to any major credit card company (Visa, MasterCard, or American Express). Credit card transactions may be subject to an additional processing fee.

After we receive your initial deposit, TBA Escapes will thereafter provide you with detailed pre-tour information including travel insurance requirements, a packing list, visa information (if required), health and safety standards for the tour, additional COVID-19 requirements. A final, detailed tour itinerary will be provided approximately one week prior to the scheduled tour.

The remaining payments will be divided between two (2) payments thereafter, unless otherwise stated or agreed. TBA Escapes requires payment in full prior to the tour.

All payments are non-refundable and non-transferable. If the payments are not made on or before their respective due dates, we reserve the right to treat your booking as cancelled, and we will not be held liable for any refunds, tour credits, costs, expenses, travel insurance costs, airfare, visa fees, inoculations, etc. related to your booking or preparation for your scheduled tour.

Travel Protection/Insurance

Proof of travel insurance is required prior to participating in any TBA Escapes tour, covering all applicable dates of travel. We do not accept credit card insurance as proof of travel insurance for our tours. Travel insurance should cover personal injury, emergency medical expenses, medical evacuation coverage, trip cancellation and interruption, as well as baggage loss.. You are strongly recommended to extend your coverage include cancellation, curtailment, and all other expenses that may arise as a result of loss, damage, injury, delay or inconvenience while traveling. You acknowledge that insurance coverage is not included in the cost of any tour offered by TBA Escapes and you are required to obtain separate coverage at an additional cost.

We recommend purchasing your required travel insurance through World Nomads Travel Insurance. There are two tiers of World Nomads Insurance – Standard and Explorer. We highly recommend the Explorer Policy because it is more comprehensive. You are NOT required to purchase travel insurance from World Nomads. However, World Nomads is our preferred partner.

Since TBA Escapes does not offer refunds, if you elect to cancel for any reason other than TBA Escapes cancelling or being unable to offer the tour, you should file a claim with your travel insurance provider to determine if they will cover any payments already made to TBA Escapes. Again, because payments made to TBA Escapes are non-refundable, you should consider adding appropriate cancellation coverage to your policy. Additional travel insurance information can be found on our FAQ page.

Once you have purchased your travel insurance policy, you will be required to provide a copy of the policy to TBA Escapes via email at [email protected].

Travel Documents

It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure, and travel to each country or region. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits, and certificates (including but not limited to vaccination or medical certificates) and insurance policies. You must have a passport that is valid 6 months after the last date of travel with TBA Escapes as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas, and permits prior to the start of the tour, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by TBA Escapes that is a direct result of your failure to secure or be in possession of proper travel documentation. TBA Escapes makes no representations or warranties as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and you agree that TBA Escapes is not responsible for any errors or omissions in this information.

Cancellations By You

All tour payments are non-refundable and non-transferable. As a result, TBA Escapes requires that you purchase travel insurance for coverage in the event of a medical or family emergency, or for any other basis that you deem necessary.

No tour credits, date changes or refunds will be provided in the event you decide to cancel your tour/booking, do not arrive to your scheduled tour on the anticipated start date, or in the event you arrive late to any tour.

Similarly, no refunds will be given for unused hotel rooms, meals, activities, or trek arrangements for any reason whatsoever. Tours are quoted as a package and refunds and credits are not given for services not used.

Cancellations, Delays, or Changes By Us

TBA Escapes reserves the right to cancel any trip due to inadequate enrollment or other cause that makes the trip unfeasible for us to operate. We will inform you at least 21 days prior to departure if a trip is cancelled.

In such instances, where TBA Escapes cancels your trip, a full travel credit toward a future tour or refund of the tour cost is given, except in those instances such as if (i) a tour is cancelled due to force majeure (acts of God; war; civil commotion; riot; blockade or embargo; fire; explosion; breakdown; union dispute; labor strikes; earthquake; epidemic, pandemic or other health emergency; flood; windstorm or other extreme weather event; lack or failure of courses of supply; passage of any law, order, proclamation, regulation, ordinance, demand, requisition or requirement or any other act of any government authority, beyond the reasonable control of the parties, whether or not foreseeable), where prepaid deposits and payments cannot be returned or reversed, or (ii) where TBA Escapes has already disbursed full payment for the services or transportation purchased by you to its third-party suppliers or providers.

For any tour that is instead delayed or postponed by TBA Escapes, TBA Escapes agrees to provide alternate travel dates for that tour, or reserves the right to offer a travel credit towards future travel, in its sole discretion. Any travel credit provided for a delayed or postponed tour, will be equivalent to the rate you paid to TBA Escapes for your booking/tour. Your travel credit never expires. While you may book any future TBA Escapes tour to the same destination for a period of one (1) year, regardless of any rate increases, you will be responsible for paying any difference in the applicable tour rate thereafter.

Your travel credit may also be used towards another TBA Escapes tour destination; However, you will be responsible for paying for any difference in the rate related to that destination

TBA Escapes is not responsible for expenses incurred by you in preparing for a cancelled, delayed or postponed tour (e.g., non-refundable purchase of air tickets, travel insurance costs, visa fees, inoculations, equipment, etc.) or for any additional arrangements should you depart prior to the scheduled tour departure date.

Published times on itineraries are as accurate as possible, but are subject to change due to traffic, weather, mechanical and any other conditions beyond the control of TBA Escapes that prevent TBA Escapes from operating as scheduled. TBA Escapes expressly disclaims any liability for any damages that may be incurred for any changes, cancellations, delays, or additional costs related to any tour itinerary.

All services and accommodations are subject to the laws of the country in which they are provided. TBA Escapes reserves the right to make changes in the tour itinerary or program features whenever, in their sole judgment, with or without notice, conditions warrant, or if TBA Escapes deems it necessary for the comfort, convenience, or safety of the tour.

Baggage

Although every effort is made to handle your luggage as carefully as possible when in our possession, TBA Escapes is not responsible for and does not assume liability or accept claims for loss of or damage to luggage due to breakage, theft or wear and tear through airline/airport, hotel and group carrier handling, or at any time while on an TBA Escapes tour. For this reason, and others, it is required that you have adequate travel insurance to cover these eventualities.

Please contact your airline or refer to its website for detailed information regarding your airline’s checked baggage policies, including size and weight limitations, and baggage fees.

Airlines

TBA Escapes tour pricing does not include airfare. The passage contract in use by the airline concerned, when issued, shall constitute the sole contract between the airline and you, as it relates to any TBA Escapes tour. Please read the terms and conditions related to the airline ticket you purchase.

TBA Escapes is not liable for incidents involving airline safety, risk, delays, etc., or incidents that result in injury, delay, or death. Additionally, TBA Escapes shall not be required to issue any refunds to you for any unused portion(s) of your tour related to any airline delay or other delay outside the control of TBA Escapes.

Medical & Health

You must provide any medical information reasonably requested by TBA Escapes and may be required to complete a medical questionnaire or other related forms prior to the tour. TBA Escapes has the right to disqualify you at any time during the tour if it believes you are physically or mentally unable to participate in the tour or if your continued participation may jeopardize any other individuals in the tour group. Refunds are not given under such circumstances. You agree to complete the medical questionnaires and any related forms honestly and to disclose all relevant medical information accurately and fully.

You acknowledge that hospital facilities are often unavailable, and evacuation can be prolonged, difficult and expensive. You also acknowledge that medical facilities abroad may not be of the same standard and quality of service as medical facilities in the United States or your home country.

You further acknowledge that such travel may be dangerous and involve the risk of injury, sickness or possibly death, as well as damage to property. You acknowledge that you may be traveling to very primitive areas, with high risk of violence due to crime, war, terrorism, political unrest, and other dangers, and may be exposed to various diseases (food, water-borne or otherwise).

The State Department www.travel.state.gov and the US Centers for Disease Control and Prevention www.cdc.gov periodically issue statements, advisories, and warnings about risks to travelers. These statements are country specific and contain important information. We strongly urge you to review any State Department warnings, alerts, advisories, and destination specific information at www.travel.state.gov as well as specific health information for their destination at www.cdc.gov. Please also refer to the CDC website to make sure you are up to date on all required vaccines.

Age Requirements

You must be at least eighteen (18) years of age on the date the tour begins, in order to participate.

Photography and Film Records

You understand and agree that TBA Escapes reserves the right to take photographic or film recordsof any of its tours that may include you, and that it may use any such photographic or film records for promotional and/or commercial purposes without payment of any compensation to you. You further understand and agree that any such photographic or film records may be use by any third-party with whom TBA Escapes may engage for the purpose of joint marketing, without any remuneration to you.

Responsibilities of Tour Participants

You have certain responsibilities to TBA Escapes and to other tour participants. You are responsible for understanding the conditions stated in the tour itinerary and selecting a tour in consultation with TBA Escapes that is appropriate to your interests and abilities, and for preparing for the tour by reading the TBA Escapes tour itinerary provided to you.

Additionally, you agree to arrive on time for the tour and all tour related activities. No reimbursements, discounts or refunds will be issued for services that are missed or unused due to no fault of the TBA Escapes, including your removal from a tour because of your negligence or breach of these Terms.

You must at all times strictly comply with all applicable laws and regulations of all countries and regions. You further agree to follow all written and verbal rules of safety presented to you by TBA Escapes and the independent contractors it employs. You understand and agree that TBA Escapes reserves the right to refuse you as a tour participant, or remove you from any tour, without refund or liability, if it judges you to be incapable of meeting the rigors and requirements of participating in the activities, due to illness or otherwise, or due to any illegal, abusive or disrespectful behavior, or for any other reason it deems necessary and appropriate.

You are responsible for any costs (including repair, replacement and cleaning fees) incurred by TBA Escapes or the TBA Escapes third-party suppliers for property damage, destruction or theft caused by you while on a tour. You agree to immediately report any pre-existing damage to a representative of TBA Escapes and staff of the accommodation, transportation service, or facility as soon as possible upon discovery.

You agree to take all prudent measures in relation to your own safety while on tour including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither the TBA Escapes nor its third-party suppliers are liable for loss or damages caused by your failure to comply with safety instructions or warnings.

You agree to bring any complaints to TBA Escapes as soon as possible in order to provide us the opportunity to properly address such complaints. TBA Escapes assumes no liability for complaints that are not properly brought to our attention and cannot resolve or attempt to resolve complaints until proper notice is provided. Any complaint made after the completion of a tour must be received in writing by the TBA Escapes within thirty (30) days of the last day of travel related to the tour.

Not Liable for Third Party Suppliers

TBA Escapes, its owners, directors, officers, employees and affiliates, (collectively TBA Escapes) do not own or operate any entity which is to or does provide goods or services for your tour including, for example, ownership or control over hotels or other lodging facilities, airline, vessel, bus, van or other transportation companies, local ground operators, providers or organizers of optional or included excursions or equipment used thereon, food service or entertainment providers, etc. Although TBA Escapes takes all reasonable care in selecting third party suppliers, TBA Escapes is unable to control third party suppliers, does not supervise third party suppliers and therefore cannot be responsible for their acts or omissions.Any services provided by third-party suppliers related to your booking are subject to terms and conditions imposed by these third-party suppliers.

As a result, TBA Escapes assumes no responsibility for and cannot be held liable for any claim, personal injury, death, property damage or other loss, accident, delay, inconvenience, irregularity, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party, other than that of TBA Escapes and its employees. TBA Escapes is not liable for the acts or omissions, whether negligent or otherwise, of third-party suppliers or any independent contractors.

Additional Limitations of Liability

Without limitation, TBA Escapes is not responsible for any injury, loss, or damage to person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to: acts of God; acts of government; force majeure; acts of war or civil unrest; insurrection or revolt; strikes or other labor activities; criminal or terrorist activities of any kind, or the threat thereof; overbooking or downgrading of accommodations; structural or other defective conditions in hotels or other lodging facilities; mechanical, or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely; hazards associated with travel to foreign countries including undeveloped areas; dangers associated with or bites from animals, pests or insects, marine life or vegetation of any sort; dangers incident to recreational activities such as scuba diving, zip lining, snorkeling, paddle boarding, surfing, swimming, kayaking, sailing, canoeing, horseback riding, rafting, whitewater rafting, hiking, bicycling, canyoning/canyoneering, fishing, snowshoeing, cruising, camping, helicopter tours, 4×4 Jeep/ATV tours, snowmobiling activities, hot air ballooning, jetboating, mule riding, dogsledding, cross-country skiing, rock climbing, etc.; sanitation problems; food poisoning; lack of access to or quality of medical care; difficulty in evacuation in case of a medical or other emergency; illness; the adequacy of medical attention if and when provided; epidemics or the threat thereof including, but not limited to, exposure to COVID-19 by any means of transmission, including any mutation or variation of, and the ongoing effects of, Covid-19 or SARs-COV2; epidemics or the threat thereof; or for any other cause beyond the direct control of TBA Escapes.

You are voluntarily participating in the tour with TBA Escapes, and as lawful consideration for the agreement to travel with TBA Escapes, you hereby understand and accept the risks and uncertainty involved in participating in any tour. You hereby accept and agree to hold harmless and release TBA Escapes, its related companies, officers and employees from any and all suits, actions, losses, damages, claims or liability for any personal injury, death, property damage or other loss, accident, delay, inconvenience or irregularity which is occasioned by any negligent acts or omissions of TBA Escapes tours related thereto, or otherwise, including negligence of other persons and companies known or unknown, or of willful or criminal conduct of third parties.

Binding Arbitration

You agree that if any dispute relating or referring to these Terms, the tour itinerary, or any other literature concerning the tour, or the tour itself cannot otherwise be informally resolved through informal negotiations or mediation, that the dispute shall be resolved exclusively by binding arbitration before one arbitrator located in San Diego, California. Any party or their representative may appear for the arbitration by telephone or video conference. Each party shall bear its own fees, costs and expenses and an equal share of any arbitrator and administrative fees; however, the prevailing party shall be entitled to full recovery of all such costs and fees.

Disputes shall be arbitrated on an individual basis, with there being no right or authority for any disputes to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public, other third-party travel suppliers or other entities similarly situated. 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 these Terms, including but not limited to any claim that all or any part of these Terms are void or voidable. You understand that by agreeing to these Terms, you and TBA Escapes are waiving their rights to a jury trial.

Optional Extras

“Optional Extras” refers to any activity, transportation, meal, product or service not expressly included in the tour itinerary or price of the tour, and which does not form part of the tour. You agree that any assistance given by any TBA Escapes representative(s) in arranging, selecting, or booking, any Optional Extras is purely at your request and TBA Escapes makes no warranties and expressly disclaims any liability whatsoever arising from participation in Optional Extras or any information provided by any representative of TBA Escapes regarding any Optional Extras. You release TBA Escapes from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to or arising from participation in or booking of Optional Extras.

You acknowledge and agree that any liability for loss, damages, death, personal injury, illness, emotional distress, mental suffering or psychological injury, or loss of or damage to property associated with Optional Extras is the sole responsibility of the third party providing that service or activity.

COVID-19 POLICY

Vaccination/Testing Requirements

TBA Escapes does not currently require tour participants to provide proof of vaccination against COVID-19.

However, we continue to strongly recommend that all tour participants and TBA Escapes personnel get vaccinated to protect themselves and others.

Specific proof of testing or vaccination may still be required by your destination or airline or upon returning to your home country. It is your responsibility to check travel and entry requirements carefully in order to ensure that you comply with any additional testing.

All tour participants are required to bring at least (1) COVID-19 rapid antigen test with them on their respective tour, which they may thereafter be required to use if they exhibit any symptoms while on the tour, or as otherwise set forth below.

Prior to your tour

Proof of travel insurance is required prior to participating in any TBA Escapes tour, covering all applicable dates of travel, as set forth in more detail in the TBA Escapes Terms & Conditions.

This is essential to ensure that you are protected in the event you fall ill prior to departure and need to cancel, for medical coverage while on tour, and for trip interruption coverage should it be necessary to miss a portion of the tour due to illness.

You are responsible for understanding your travel insurance requirements surrounding COVID-19 testing and protocols.

What happens if someone on the trip shows symptoms of COVID-19?

If a tour participant feels unwell during their trip, a TBA Escapes representative may, within their sole discretion, require that the tour participant take a COVID-19 rapid antigen test, by using the test that the tour participant was required to bring with them on the tour.

If the tour participant does not have a COVID-19 rapid antigen test, as required, TBA Escapes may, but is not obligated to provide one, at the tour participant’s sole cost and expense. If TBA Escapes does not have a COVID-19 rapid antigen test available for the tour participant’s use, TBA Escapes, within their sole discretion, may require the tour participant to leave the tour until such time as the tour participant is able to provide a negative COVID-19 test result.

If a tour participant tests positive for COVID-19, at any time, the tour participant will not be permitted to participate in the remainder of the tour, and TBA Escapes will require that the tour participant leave the tour. The tour participant shall be required to isolate (to the extent possible) and wear a mask immediately after discovery of the positive test and until such time as the tour participant can be safely removed from the tour.

TBA Escapes tours are non-refundable, in all instances, and this is why travel insurance is required for all TBA Escapes tours, as set forth above. After obtaining a positive COVID-19 test result, we strongly urge you to contact your travel insurance company to ensure compliance with any other testing or other requirements they may have for the filing of a claim.

To the extent possible, the TBA Escapes local representatives will assist the affected tour participant in making alternative arrangements.

However, the cost associated with the alternative arrangements, including but not limited to medical care, additional testing costs, transportation, lodging and meals, shall be the sole responsibility of the tour participant.

Depending on the destination, please note that the tour participant may be required to isolate for a period of time, at their sole cost and expense.

After any tour participant receives a positive COVID-19 Test Result

In the case of a positive test in the tour group, all TBA representatives are required to take a test. Additionally, any tour participant sharing a room with someone who has tested positive will be required to take a COVID-19 rapid antigen test, in accordance with the procedure set forth above.

If the test result is positive, the above will procedures will apply. If negative, the tour participant may rejoin the scheduled activities so long as they agree to wear a well-fitting mask for the next five (5) days and do not otherwise develop any symptoms. At this point, the above procedures shall apply.

Other than as set forth above, the remainder of the tour participants do not need to be tested. The goal is to maintain continuity of the tour, unless otherwise required by local regulations.

Will I be required to wear a mask while on tour?

TBA Escapes supports the use of masks as one way to help prevent the spread of COVID-19. TBA Escapes follows the mask-wearing guidance and requirements of local governments and individual businesses.

Where masks are not required, we respect all tour participants’ choices surrounding whether or not they choose to wear a mask, unless otherwise required by this policy.

If a tour participant tests negative, but exhibits any other cold symptoms, TBA Escapes may require, within their sole discretion, that the tour participant wear a mask for the next five (5) days while on the tour.

Can I get a refund if I am unwell before my trip and unable to travel?

All tour payments are non-refundable and non-transferable. As a result, TBA Escapes requires that you purchase travel insurance for coverage, as set forth above and in the TBA Escapes Terms & Conditions.

Similarly, no refunds will be given for unused hotel rooms, meals, activities, or trek arrangements for any reason whatsoever. Tours are quoted as a package; refunds and credits are not given for unused services.

Assumption of Risk

You acknowledge that you are choosing to travel at a time where you may be exposed to the COVID-19 virus, regardless of vaccination status.

We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However, it is also your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks and the nature of your itinerary.

You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.

California – Seller of Travel Disclosures

Escapes Travel, Inc. is a registrant of the California Seller of Travel program, registration number 2148226. Registration as a seller of travel in California does not constitute the state’s approval. The program requires that passenger deposits be maintained in a trust account. Escapes Travel, Inc. maintains such an account. The purchase of travel services from Escapes Travel, Inc. is covered by the California Travel Consumer Restitution Fund (TCRF) if the seller of travel was registered and participating in the TCRF at the time of sale and the passenger is located in California at the time of payment. A passenger may request a claim form by writing to: Travel Consumer Restitution Corporation; 468 Manzanita Ave., Suite 1, Chico, CA 95926; or by visiting TCRC’s website at: www.tcrcrinfo.org. Passengers from outside of California that purchase travel services from Escapes Travel, Inc. are not covered by the Restitution Fund.