| TryShy Travel LLC Hosted or Non-Hosted Group Terms & Conditions
YOUR CONTRACTUAL AGREEMENT WITH TRYSHY TRAVEL LLC FOR ANY HOSTED OR NON-HOSTED GROUP TRIP WHEREBY WE ARE THE APPOINTED ORGANIZER AND OVERSEEING ENTITY RESPONSIBLE FOR COORDINATING THE TRAVEL ARRANGEMENTS.
All participants must agree to TryShy Travel’s Terms and Conditions prior to traveling on a curated group trip. Please contact us for more information.
Please read all provisions of this Release and Waiver of Liability and Participation Agreement (the “Agreement”) carefully before signing.
1. Acknowledgment and Acceptance of Risk/Informed Consent. In arranging various group trips, TryShy Travel LLC (TST) makes every effort to protect the welfare and safety of its participants. Recognizing, however, that participation in these group trips are voluntary and that there are certain inherent risks that participants voluntarily assume, I understand and agree that neither TST, or its officers, directors, employees, agents, representatives, nor any cooperating institution, assumes any responsibility for damages to or loss of my property, personal illness or injury, or death to me while I participate in a group trip. By voluntarily participating in this trip, I freely assume any risk associated with or arising out of traveling. I further acknowledge that it is my responsibility to review U.S. State Department travel advisories, warnings, or other information available through the U.S. Department of State and freely assume any and all risks which may arise, concern, or relate to the conditions contained in any advisory statements, warnings or other information. I also acknowledge that I am free to seek out any additional information I may desire before I choose to travel. I agree that, as a condition of participating in any trip outside of the U.S., my decision to travel with TryShy Travel is solely my choice and that I voluntarily assume any and all related risks concerning such activities, including the risk of needing additional information upon which to make an informed choice about whether to participate in such activities.
2. Registration Forms. (a) Registration Forms. Registration forms for participation in any TST group trip are accepted throughout the year and is subject to space limited availability. Participants traveling individually have the option to be placed with other individual participants, so long as all parties agree to sharing an accommodation. Upon receipt of the registration form and initial deposit, we will secure the position in the trip for participants. Deposits will be refunded for all unsuccessful participants on a waitlist.
(b) Registration Form Instructions. Participants: please fill out the registration form applicable for your trip and pay your initial deposit on the trip’s dedicated booking page. 3. Deposits, Fees & Flexible Cancellation Policy. (a) Deposits. Deposit deadlines are different for every group trip with TryShy Travel. All registration forms and full payments are required to participate in a group trip and are due no later than 8 weeks, or 56 days, prior to trip departure.
(b) Cancellations and Refunds. All deposits and payments made to TryShy Travel are subject to the following cancellation policy. Deposits may be non-refundable and travel protection is strongly recommended to cover unforeseen circumstances. To cancel a trip, participants must submit their intentions in writing via email to info@tryshytravel.com. Failure to provide notice may result in additional expenses, including loss of funds and trip vouchers. Further details are as follows:
(i) For cancellations made within seven (7) days after placing a trip deposit: Clients who cancel within 7 days of paying their deposit are eligible for a refund to their original payment method, less a $25 administrative fee per person and any non-refundable third-party or bank processing fees.
(ii.) For cancellations made more than 180 days before the trip: The deposit will be converted to a Future Travel Credit (FTC), less a $75 administrative fee per person and any non-refundable third-party or bank processing fees. In some cases, other payments may be refunded.
(iii.) For cancellations made between 179 and 91 days before the trip: All payments are converted to a Future Travel Credit (FTC) that can be applied towards another TryShy Travel hosted or non-hosted group experience within 15 months, less a $100 administrative fee per reservation and any non-refundable third-party or bank processing fees. FTC's cannot be exchanged for cash.
(iv.) For cancellations made between 90 and 0 days before the trip: All payments are final and non-refundable due to the agency's planning and operational commitments. REFUNDS DURING THIS PERIOD WILL NOT BE PROVIDED FOR ANY REASON TO ANY PERSON(S). TRAVEL PROTECTION IS STRONGLY ADVISED.
(c) Future Travel Credit (FTC) Vouchers. Under certain conditions, participants may receive an FTC voucher from TST for funds they have paid toward a trip that is canceled or postponed by either TST or the participant. The voucher can only be used by the original participant, it cannot be transferred to a different person, and the voucher must be used within 15 months towards the cost of a new group trip, either hosted or non-hosted by TST. To qualify for an FTC voucher, either: TST was responsible for the cancellation or postponement of the trip, or the participant must cancel their trip more than 180 days before the departure date. If the trip is canceled by the participant and a transfer of funds to another group trip is requested – there is a $50 administration fee for transferring the funds to a different trip. If TST cancels or postpones the trip, no fee will be assessed. If the participant cancels or requests a transfer of funds to a different group trip more than 8 months before their departure date, they will not be charged the $50 transfer fee. If the participant cancels their trip less than 3 months (90 days) before the departure date, no refunds or FTC vouchers will be available.
(d) Changes. Participants may be granted up to two (2) voluntary changes per trip, up to 8 weeks, or 56 days prior to the trip, complimentary. Each voluntary change made after the 2nd change or within 8 weeks of the trip’s start date will incur a service fee in the amount of $30 per person, per change. This includes, but is not limited to: date changes, room type changes, name changes, addition or removal of participants, etc. Note, TryShy Travel's change fee is in addition to that of the supplier's, where applicable. There are absolutely no room type changes allowed within 2 weeks of any trip's start date.
(e) Inflation Adjustments. Deposits and Fees are subject to an increase based on number of occupants sharing a room, currency exchange rates and increases in vendor costs. Inflation adjustments shall be at the sole discretion of TST and will be calculated based upon the Consumer Price Index for all Urban Consumers (“CPI-U”). I agree and understand that I will be required to pay additional fees related to an inflation adjustment prior to commencing travel, and failure to pay said fees could result in me forfeiting my right to participate in the trip. Further, pursuant to Section 3(b), I shall not be entitled to any refunds.
4. Payment Plans. I understand and agree that by enrolling in a TryShy Travel (TST) hosted group trip, I may be offered the option to enroll in a monthly, bi-monthly or quarterly payment arrangement if the trip's departure date is at least six (6) months from the broadcasting date. I further understand and agree to the following terms regarding the use of a payment plan: (a) Where applicable, I may hold a spot for up to three (3) calendar days without paying a deposit. After this courtesy hold period, a deposit is required to maintain my reservation. Deposits are refundable (less a $25 per person TST administrative fee and any credit card processing or ACH Bank transfer fees) within seven (7) calendar days of payment unless otherwise stated in the trip-specific policy. After seven (7) days, deposits are subject to Section 3(b)(ii).
(b) I understand that I am required to make payments either monthly or bi-monthly or quarterly, with all payments being made between the 1st and the 15th of each scheduled payment month. Failure to make timely payments may result in late fees, cancellation of my reservation, and the forfeiture of any payments made to date.
(c) I understand that TST reserves the right to assess a late fee of twenty-five dollars ($25.00) for any payment not received by the 15th of the scheduled payment month. I further understand that after two (2) consecutive missed or late payments, my trip reservation may be canceled without further notice and without refund.
(d) I acknowledge that my trip balance must be paid in full no later than 8 weeks (56 days) prior to the trip departure date. If I wish to book into a trip scheduled to depart in less than 56 days from the booking date, I understand that the full trip cost is due immediately at the time of booking.
(e) I am solely responsible for ensuring my payments are submitted on time. If I am enrolled in automatic payments, I understand that I must keep my payment information up to date and that TST is not liable for declined or failed transactions, or transactions that result in overdraft fees placed on me from my banking institution. Should I require changes to my payment plan, I understand I must submit such requests in writing, and approval is not guaranteed.
(f) I agree that my participation in a payment plan does not exempt me from the cancellation policies outlined in this Agreement. In the event I cancel my participation in the trip or fail to make the required payments, I acknowledge that I may be subject to cancellation fees or forfeiture of all monies paid, pursuant to 3(b) of this Agreement.
5. Insurance; Travel Documents. I agree that it is my responsibility, and a condition of participation in a TST group trip, to ascertain whether I have adequate health and accident coverage and to procure adequate health and accident coverage, and any other insurance coverage as I may deem necessary. Furthermore, I understand that it is my sole responsibility to review such coverage and obtain any additional coverage that I deem appropriate. I understand that I must possess a valid passport for acceptance into an international group trip coordinated by TST. I also understand that I am responsible for any costs associated with passports, visas, entry fees, and obtaining the proper travel documents for the trip.
6. Trip Changes and Cancellations. I understand and agree that, although TST will attempt to maintain the program as described in its publications, it reserves the right to change the trip, including the itinerary, travel arrangements, or accommodations, at any time and for any reason, with or without notice, and that neither TST, nor its officers, directors, employees, agents, or representatives shall be responsible or liable for any expenses or losses that I may sustain because of these changes. Further, TST reserves the right to cancel any trip if there are insufficient registrants or if TST determines it is in the best interest of the participant’s safety and the quality of activities to cancel the trip. TST is not responsible for other costs incurred by applicants preparing for the trip, however, should TST cancel a trip, full refunds will be granted.
7. Removal from Trip. I understand and agree that TST reserves the right to refuse my continuation in a trip at any time if my actions or general behavior, in the sole discretion of TST, or its officers, directors, employees, or agents, is determined to impede or disrupt the enjoyment of other trip participants in any way or if I fail to follow TST’s Group Code of Conduct policy. In the event the terms and conditions are violated, in addition to being expelled from, and banned from future TST group trips, the participant will be financially responsible for all fees associated with changing their travel plans. I assume any and all liability for my actions after expulsion from a TST group trip, and I hereby hold harmless and release, and agree to indemnify and defend TST, its officers, directors, employees, contractors and agents from any and all third party claims brought against TST directly or indirectly based on my actions before or after I have been released from a TST trip.
8. Waiver, Release, and Force Majeure. I understand and agree that there are unavoidable risks in domestic and international travel. I do hereby forever and absolutely waive and release any and all claims against TST, its officers, directors, employees, agents, representatives, and any program organizer or operator employed by TST (collectively, the “Releasees”), arising out of or relating to my participation in a trip, including but not limited to, claims for any injury, loss, damage or accident, delay or expense resulting from the use of any shared rental vehicle, any strikes, war, acts of terrorism, weather, sickness, quarantine, government restrictions or regulations or arising from any act of omission of any steamship, airline, railroad, bus company, taxi service, hotel, restaurant, school, university, or other firm, agency, company or individual or any other related matter. I also release the Releasees and agree to indemnify and hold them harmless, with regard to any financial obligations or liabilities that I may personally incur or any damage or injury to the person or property of others that I may cause, while participating in the named trip. I further agree that the Releasees are not in any way responsible for any injury or damage that I sustain as a result of my own negligent acts.
I understand that while I am waiving my right to bring legal claims against TST and its affiliates, I retain the right to pursue legal action against any third-party vendor, supplier, or service provider whose actions or negligence directly result in harm, as TST cannot control or be held liable for the conduct of independent third parties.
9. Local Laws and Prohibition of Illegal Drugs. I understand and agree that breaches of the local law of the host community or country will be referred to and handled by the appropriate law enforcement authorities. Regardless of the laws of any foreign country, I further agree that the use of illegal drugs in any form, as governed by the laws of the United States of America, will not be tolerated and will be grounds for immediate removal from a trip and total forfeiture of all trip fees. I understand while I am a visitor in a foreign country, I will be subject to the laws of that country.
10. Independent Travel and Operation of Vehicles. I understand and agree that (1) prior to the start of the trip, (2) during free time within the period of the trip, and (3) after the trip ending date, I may elect to travel independently at my own expense. I agree to inform the trip leader of my travel plans and understand that I shall be solely responsible for any such travel during any free time. I understand that TST strongly discourages participants from renting or operating vehicles while participating in a hosted or non-hosted international group trip. I understand that poor road conditions, different traffic laws and regulations, and varying insurance requirements can make driving motor vehicles in foreign countries extremely hazardous and is not recommended by TST. If I rent or operate a vehicle, while participating in any international group trip, I agree that such activity is totally voluntarily on my part and against TST’s advice.
11. Health and Safety. (a) I represent and warrant I have consulted with a medical doctor or will consult with a medical doctor with regard to my personal medical needs prior to participation in TST’s group trip. I represent and warrant that there are no physical or mental health-related reasons, problems or special dietary requirements or restrictions which would preclude or restrict me from safely participating in TST’s trip.
(b) In the event I suffer any injury or illness while participating in TST’s trip, I hereby authorize the representative of TST, at my expense, to secure necessary treatment, including, but not limited to, the administration of an anesthetic and surgery, and such medication as may be prescribed. It is further agreed that if my condition so requires, I may be returned to my resident country and/or state at my expense. I further assume any and all risks associated with or arising from any such medical treatment and agree to waive any and all claims which I might assert against TST, or its officers, directors, employees, agents, or representatives for such medical treatment. Notwithstanding the foregoing, this consent to medical treatment does not constitute an obligation on the part of TST to secure any such treatment on my behalf. I further acknowledge that it is possible at times during an international trip, I may be many hours from the nearest medical care or treatment center, that available medical treatment may not equate with the level of care available in many U.S. hospitals, and that these conditions and the remoteness of some of my travel may subject me to additional risks of injury, disease, death or damage to my personal property; and, that any injuries or damage I do sustain may grow more severe or lead to my premature death due to the remoteness of the location, the lack of quick access to quality medical care in some instances, and/or the poor quality of the roads or available transportation in some areas.
(c) I understand and hereby acknowledge that I have carefully reviewed and fully understand the directives and recommendations, including recommendations concerning immunizations and medicines for travel to, in and around the country I am traveling to provided by: (i) The United States State Department, which issues Travel Warnings, Travel Alerts and Country Specific Information at: http://travel.state.gov/content/travel/en.html (ii) The World Health Organization https://www.who.int/travel-advice/vaccines, and (iii) The Centers for Disease Control, via the International Travelers Hotline at 1-877-FYI-TRIP (1-877-394-8747) or at http://wwwnc.cdc.gov/travel.
(d) I understand that international travel increases the risk of exposure to rabies. I understand and hereby acknowledge that I have carefully reviewed and fully understand the directives and recommendations, including recommendations concerning rabies exposure, recommendations concerning rabies immunizations, and the potential for limited access to post-exposure rabies treatment while traveling abroad, provided by: (i) The Centers for Disease Control at: https://www.cdc.gov/rabies/country-risk/index.html and https://www.cdc.gov/rabies/hcp/prevention-recommendations/pre-exposure-prophylaxis.html, and (ii) The World Health Organization at: https://www.who.int/teams/immunization-vaccines-and-biologicals/diseases/rabies
12. Peru. I represent and warrant that in addition to the representations I have made in paragraph 10, if I am traveling with TST to Peru, I understand the health and safety concerns when traveling to high altitude destinations, which health concerns are detailed below: Individuals traveling to high-altitude Andean destinations, such as Cusco (11,000 feet), Machu Picchu (8,000 feet), or Lake Titicaca (13,000 feet) should discuss the trip with their personal physician prior to departing the United States. Travel to high altitudes could pose a serious risk of illness, hospitalization, and even death, particularly if the traveler has a medical condition that affects blood circulation or breathing. Instances of death have occurred in Peru from medical conditions exacerbated by altitude.
Tourists or visitors, particularly those who suffer from cardiac-related problems or high blood pressure, who wish to travel to high-altitude areas in Peru, should undergo a medical examination before traveling. New arrivals, even healthy and fit persons, will feel symptoms of hypoxia (lack of oxygen) at high-altitude, and most will need time to adjust to the altitude. Most people will have increased respiration and heart rate. Many will have headaches, difficulty sleeping, lack of appetite, minor gastric and intestinal upsets, and mood changes. To help prevent these complications, consult your personal physician, avoid alcohol and smoking for at least one week after arrival at high altitudes, and limit physical activity for the first 36 to 48 hours after arrival at high altitudes. *The above was taken from the U.S. Department of State Travel website. To read more about health and safety in Peru, please visit the U.S. Department of State Travel website, here: http://travel.state.gov/content/passports/en/country/peru.html
13. Image Release Form. I hereby grant TRYSHY TRAVEL LLC (TRYSHY TRAVEL), its successors, assigns, and legal representatives (“TRYSHY TRAVEL”) the irrevocable right to use my name, written words, photograph, image, audio recording, video recording, and/or likeness (the “image”) in all forms and manner, including, but not limited to, photographs, videos, or other digital media in any and all of its publications, including Internet web-based publications, websites, promotional material, or for any other similar purpose, without payment or other consideration to me.
I understand and agree that all images will become the property of TryShy Travel and will not be returned. I hereby irrevocably authorize TryShy Travel to edit, alter, copy, exhibit, publish, or distribute these images for any lawful purpose. I waive any right to inspect or approve the finished product wherein the image appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the image.
I hereby hold harmless, release, and forever discharge TryShy Travel, and its owners, officers, directors, successors, assigns, and legal representatives from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have arising out of or in connection with this authorization. This Image Release shall be governed by the laws of the state of Florida.
14. Covenant Not To Sue. I promise and agree that I will not sue TryShy Travel, or any of its operators, or its or their respective officers, directors, employees, agents, and insurers for any damages, losses, claims, causes of action, suits, demands, costs, complaints, including those resulting from any illness, injury and/or death. I further agree that TryShy Travel may plead this Agreement as a full and complete defense to any suit brought in violation of this promise.
15. Severability. I agree that, should any provision or aspect of this Agreement be found to be unenforceable, that all remaining provisions of the Agreement will remain in full force and effect.
16. Governing Law; Jurisdiction. This waiver shall be governed by and construed in accordance with the laws of the State of Florida, the state in which TryShy Travel LLC is registered. However, to the extent this waiver pertains to activities taking place in California, it shall also be enforceable under California law. Any disputes arising from injuries or incidents during the trip may be subject to the jurisdiction of California courts. I further agree to submit to the jurisdiction of the courts of the State of Florida for any matter arising out of my participation in the trip and/or any matter arising of this Agreement.
17. Entire Agreement and Modification. The terms and conditions of this Agreement represent my complete understanding of the parties hereto with regard to my participation in a group trip and supersedes any previous or contemporaneous understandings I may have had with TryShy Travel on this subject, whether written or oral, and cannot be changed or amended in any way without the written concurrence of both TryShy Travel and me. I have read this Agreement and I acknowledge that I had an opportunity to have legal counsel review prior to execution. I understand that the normal rule of construction governing ambiguities, favoring the non-drafting party over the drafting party shall not apply to this Agreement.
18. Independent Analysis and Binding Authority. I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I FURTHER ACKNOWLEDGE AND AGREE THAT I HAVE HAD AN OPPORTUNITY TO CONSULT WITH COUNSEL OF MY CHOICE PRIOR TO EXECUTING THIS AGREEMENT. I ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT SHALL BE BINDING UPON MY SURVIVORS, HEIRS, SUCCESSORS, AND ASSIGNS. I AM AWARE THAT THIS AGREEMENT IS A RELEASE OF LIABILITY, INCLUDING BUT NOT LIMITED TO, LIABILITY FOR NEGLIGENCE, AND A HOLD HARMLESS AGREEMENT, AND I SIGN IT OF MY OWN FREE WILL.
19. Other Releases. This Agreement is in addition to and does not revoke or modify any other agreement or release which I may execute in connection with the group trip.
20. Electronic Signature. Electronic and digital signatures are enforceable under Federal Law. This Agreement may be executed by electronic transmission, and any such electronic signature will constitute an original signature for all purposes. You understand and agree that your eSignature executed in conjunction with the electronic submission of your registration form will be legally binding and such transaction will be considered authorized by you.
21. Assurances and Consent. I HAVE READ ALL OF THE ABOVE INFORMATION AND CONSENT TO ALL OF THE FOREGOING PROVISIONS. I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY AND PARTICIPATION AGREEMENT AND FULLY UNDERSTAND ITS TERMS. I AM AWARE THAT THIS RELEASE AND WAIVER OF LIABILITY AND PARTICIPATION AGREEMENT INCLUDES A RELEASE AND WAIVER OF LIABILITY, AN ASSUMPTION OF RISK, AND AN AGREEMENT TO INDEMNIFY THE RELEASEES. I AM OVER THE AGE OF EIGHTEEN (18) YEARS AND AM COMPETENT TO EXECUTE THIS RELEASE AND WAIVER OF LIABILITY AND PARTICIPATION AGREEMENT. |
