Terms and Conditions

TERMS OF USE

Updated: January 24, 2023

Welcome to our Website, owned and operated by Extraordinary Adventures, LLC (hereinafter “Extraordinary Adventures,” “our,” “we”). We may refer to anyone using, registering, visiting, or taking advantage of any of the features, functions, offers, or links made available, on or through our Website, as “you” or “your.” By using our Website, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, and all the terms, conditions, disclaimers, and limitations that appear or are made available to you on our site, (for example, in connection with special offers or promotions) and all of these, as they may be amended from time to time, we may refer to collectively as your Agreement with us.

ACCEPTANCE OF AND CHANGES TO TERMS OF USE

By using our Website and services, you accept this Agreement, including, without limitation, all the terms and conditions in these Terms of Use. If you do not agree completely with any terms, conditions, disclaimers, limitations, or other provisions in your Agreement with us, your only remedy is to discontinue use of our Website. We reserve the right to modify our Agreement with you at any time. Your continued use of any portion of our Website following the effective date contained in the notification or the posting of such changes on our Website, if no other effective date is specified, will constitute your acceptance of those changes and Agreement to comply with all the current terms and conditions of the Agreement.

PROHIBITED USES

The Content and information on the Service (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such Content and information, is proprietary to us or our suppliers and the Travel Providers. While you may make limited copies of your travel itinerary (and related documents) for travel or reservations booked through the Service, you agree not to do any of the following without our express permission:

• modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer, or sell or resell any information, software, products, or services obtained from or through our Website;
• use this Website or its contents for any commercial purpose;
• access the Our Website with any manual or automated process for any purpose other than your personal use or for inclusion of Extraordinary Adventures pages in a search index. Use of any automated system or software to extract data from Our Website (“screen scraping”) for commercial or non-commercial purposes is prohibited;
• violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to Our Website;
• take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
• deep-link to any portion of Our Website (including, without limitation, the purchase path for any travel services) for any purpose;
• use any device, software, or routine that interferes or attempts to interfere with the normal operation of Our Website or take any action that imposes an unreasonable load on our computer or network equipment;
• “frame,” “mirror,” or otherwise incorporate any part of this Website into any other website without our prior written authorization;
• post or distribute any material on Our Website that violates the rights of any third party or applicable law;
• use Our Website to collect or store personal data about others, whether through data mining or any other means;
• use any feature of Our Website for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate, as determined by us; and
• use any data mining methods whatsoever and for any purposes whatever.

If your booking shows signs of fraud, abuse, or suspicious activity, Extraordinary Adventures, in our sole and absolute discretion, may cancel any bookings associated with your name or email address. If you have conducted any fraudulent activity, Extraordinary Adventures reserves the right to take any necessary legal action, and you may be liable for monetary losses to Extraordinary Adventures, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, or cancellation of an order, please contact Extraordinary Adventures.

THIRD-PARTY CONTENT AND MONITORING

Any opinions, advice, statements, services, offers, events, or other information or Content expressed or made available on our Website by any third parties (including information provided by users) are those of the respective author(s) and not ours. We neither endorse nor are responsible for these, in any way, including, without limitation, the accuracy or reliability of any opinion, advice, information, or statement made by anyone other than our employees who are authorized by us when acting in his or her official capacity.

PARENTAL CONTROL PROTECTIONS

As required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to information and Content that may be objectionable or harmful to minors as specified by law.

LINKS

Our site may contain links to other websites and/or resources. You acknowledge and agree that we are not responsible or liable for their (1) availability or accuracy; or (2) content, advertising, or products on or made available. The inclusion of any link on our site does not imply that we endorse, verify, have reviewed, or monitor the link or the site reached through the link.

COPYRIGHT NOTICE

All text, graphics, logos, icons, images, audio clips, video clips, and software on the Website (“Content”) are copyrighted materials owned by or licensed to us. Content may contain trademarks, service marks, and trade names which are owned by us and may also contain brand and product names which are trademarks, service marks, or trade names which are owned by us or by third parties, and the term Content will be used and mean to include these as well. Unless authorized in writing by Extraordinary Adventures, you may not use any Content without our prior written consent and even if we consent, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits us or the copyright owner. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent or the consent of the rights holder if not us. You may not use the Content on any other Website or medium. You may not use the Content in a networked computer environment for any purpose other than to transact with our site as authorized by us. If you violate any of these terms, your permission to use the Content will automatically terminate, you must immediately destroy Content in your possession or under your control and any copies you have made, and we may end your authorization to use our site. Nothing shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark, or other intellectual property rights to you, and we expressly reserve all such rights.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright infringement, please contact us. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. We will then take appropriate action, if any, to disable or remove the material(s).

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest:

• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and email address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

NOTICES

“Communication” means any agreements or amendments thereto, disclosures, notices, responses to claims, transaction history, privacy policies, and all other information related to your use of the site, including but not limited to information that we are required by law to provide to you in writing. We will give you any necessary Communications by posting them on our site. You authorize us to send any Communications and all changes to such Communications electronically. You must provide at your own expense an Internet-connected device that is compatible with the minimum requirements outlined below. You also confirm that your device will meet these specifications and requirements and will permit you to access and retain the Communications electronically each time you access and use the applicable services.

Please print and retain a copy for your records. If you do not have a printer, you can save this document as a pdf and retain it electronically.

SYSTEM REQUIREMENTS TO ACCESS INFORMATION

To receive and view an electronic copy of the Communications, you must have the following equipment and software:

• A personal computer or other device which is capable of accessing the Internet. Your access to this page verifies that your system/device meets these requirements.
• An Internet web browser which is capable of supporting 128-bit SSL encrypted communications, JavaScript, and cookies. Your system or device must have 128-bit SSL encryption software. Your access to this page verifies that your browser and encryption software/device meet these requirements.

TERMINATION/ CHANGES

We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law, and the current version of these Terms of Use will list the effective date at the top for your convenience.

DISCLAIMER OF WARRANTIES

Although we endeavor to provide current, accurate, and reliable information on our site, we cannot and do not warrant, promise, guarantee, or make any representations regarding the accuracy, security, reliability, or any use of the functions, features, operations, Content, statements, or information. We cannot and do not warrant your use of our site, or the operation or function of our site, any component, feature, function, capability, or offer or any products, software or services, will be uninterrupted or error-free, or that defects or malfunctions will be corrected or that the site is free of viruses or other harmful elements.

Your use of our site is solely and fully at your own risk, and you assume full responsibility for all costs and expenses associated with servicing and/or repair in any way connected or arising from attempted, alleged, or actual use or access of our site. We make no representations about the suitability, reliability, availability, timeliness, and accuracy of the site. OUR SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

In no event shall we and/or our officers, directors, partners, owners, agents, contractors, representatives, and manufacturers who fulfill your subscription be liable to you or anyone else for any indirect, punitive, incidental, special, or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with our Website, this Agreement, the use or performance of our Website, the delay or inability to use our Website, the provision of or failure to provide services, or for any events, information, software, products, services, and related graphics obtained through our Website, or otherwise arising out of the use of our Website, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any other party may have been advised of the possibility of damages.

If you are dissatisfied with any portion of our Website or with any part of this Agreement or your transactions with us, your sole and exclusive remedy is to discontinue using our Website and, if applicable, cancel your subscription. This sole and exclusive remedy is separate and independent of any other provision that limits our liability or your remedies under this Agreement

INDEMNITY

You agree to defend and hold Extraordinary Adventures, its affiliates, employees, officers, directors and agents (collectively “Extraordinary Adventures and Affiliates”) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest and expenses including attorneys’ fees that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Extraordinary Adventures, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) any content you post or upload on or to the site; (ii) your use of the site and your activities in connection with the site; (iii) your breach or alleged breach of these Terms or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities in connection with your use of the site or your activities in connection with the site; (v) information or material transmitted through your device used to access the site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Extraordinary Adventures  and Affiliate’s use of the information that you submit to us (all of the foregoing, Claims and Losses). You will cooperate as fully required by Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, Extraordinary Adventures and Affiliates retain the exclusive right to settle, compromise and pay any and all Claims and Losses. Extraordinary Adventures and Affiliates reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of Extraordinary Adventures.

PRIVACY POLICY

Your use of our Website is also subject to our Privacy Policy. We shall not be liable for any information you enter into any third-party site for payment processing, and you shall be subject to their Terms of Use and any other Terms and Conditions through accessing their Website.

ERRORS ON OUR WEBSITE

Prices and availability subscription options are subject to change without notice. Errors will be corrected where discovered, and we have the right to refuse or cancel any subscription placed for tours and/or services listed at an incorrect price, rebate or refund, or other promotional offer or containing any incorrect information or typographical errors. We have the right to refuse or cancel any such subscriptions, whether or not the subscription has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your subscription is canceled, we shall issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

MOBILE AND MOBILE APPS

Extraordinary Adventures may offer areas and features which are accessible via a mobile device, like a smartphone. These features and areas may include the ability to upload Content, make purchases, determine your location, and other similar activities. Note that standard messaging, data, and other fees may be charged by your carrier to engage in any activities which are available on your mobile device. If you have questions about these issues, please contact your carrier, as we have no control and are not responsible for such charges. You agree that for the functions or services which are part of your registration and subscription with Extraordinary Adventures, We may send communications to your mobile device regarding the functions or services you have registered to be able to use on Extraordinary Adventures. You also agree that we may collect information related to your mobile device associated with your use of the features and areas which are accessible by your mobile device.

FORCE MAJEURE

We shall be excused from performance under this Terms of Service if we fail or are prevented, forbidden, or delayed from performing by reason of: (a) any provision of any present or future law or regulation or order of any court, the United States of America, or any State or local government body, (b) any act or omission of a third party, or (c) any act, emergency condition, war, computer or telecommunications failure or other circumstance beyond our control.

GENERAL PROVISIONS

You agree that we and our agents, representatives, contractors, suppliers, and others working on our behalf, may make improvements and/or changes in the Content on our sites, and all features, functions, and/or services may change at any time without notice and without liability of any kind. You are responsible for compliance with applicable laws and regulations that apply to you, keeping in mind that access to our site may not be legal by certain persons or in certain countries. Even if we don’t exercise some right or enforce some provision at any particular time, that doesn’t mean we have waived that or any other right in any way. These Terms of Use, along with our Terms and Conditions and any other terms, conditions, or provisions specifically referred to herein, comprise the entire Agreement between you and us regarding the subject matter and supersedes all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties with respect to same. These Terms of Use and our Agreement with you are personal to you, and you may not transfer, assign, or delegate any of them to anyone without our express written permission, and any attempt to do so without prior written permission will be void ab initio. These Terms of Use will inure to the benefit of our successors, assignees, and licensees. The headings are included for reference only and have no effect on the meaning of any provision.

DISPUTE RESOLUTION

Any dispute, controversy, or claim arising out of or relating in any way to the Service, your use of the Service, or these terms, including without limitation any dispute concerning the construction, validity, interpretation, enforceability, or breach of the terms, shall be exclusively resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be three. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The demand for arbitration shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen, and in no event shall it be made after one year from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.

SEVERABILITY

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. These Terms constitute the entire Agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

ATTORNEYS FEES

In any action or proceeding brought regarding any controversy or claim arising out of or relating in any way to the Service, your use of the Service, or these terms, including without limitation any dispute concerning the construction, validity, interpretation, enforceability, or breach of the terms, the successful party shall, to the extent permitted by applicable law, be entitled to recover reasonable attorneys’ fees in addition to any other available remedy.

VALIDITY

If any provision of the Terms or the application of any provision hereof to any person or circumstances is held invalid, unenforceable, or otherwise illegal, the remainder of the Terms and the application of such provision to any other person or circumstances will not be affected, and the provision so held to be invalid, unenforceable, or otherwise illegal will be reformed to the extent (and only to the extent) necessary to make it enforceable, valid, or legal.

CONTACT US

If you have any questions about these Terms, please contact us.