Terms of service.

Fair Travel Co.– Liability Waiver & Booking Terms

Fair Travel Co., and its officers, employees, subcontractors, suppliers, agents, guides, volunteers, independent contractors, representatives, owners, insurers, successors, and assigns (individually and collectively, “Fair Travel Co.”)

“Tour” means the pre-planned travel itinerary I am purchasing or reserving from Fair Travel Co., which, depending on my selected Tour, may include travel arrangements, accommodations, transportation and various activities and services organized on my behalf (typically through a third party) such as: 

  • Participation in adventure travel; 

  • Sailing; 

  • Cycling;

  • Scuba Diving;

  • Snorkeling;

  • Surfing;

  • Trekking;

  • Organized Receptions;

  • City Tour or Bar Crawl;

  • Travel in boats; 

  • Hot air ballooning;

  • Self-driven motorized vehicles;

  • Horseback riding or camel rides;

  • Travel in public and private transportation (including to and from tour areas).

ACKNOWLEDGMENT – HEALTH & SAFETY

I am aware that the physical exertion required to participate in the Tour can activate or aggravate pre-existing injuries, conditions, or congenital defects.

I acknowledge that I should seek medical advice if I know or suspect that my physical condition may be incompatible with the Tour.

I acknowledge that I am required to wear approved safety equipment while participating in certain activities during the Tour. I am aware that there are guides and instructors available to answer any questions I may have as to the proper use of any equipment.

I agree that if I suffer injury or illness Fair Travel Co. can, at my cost, arrange any medical treatment and emergency evacuation service as it or they deem necessary for my health and safety. I understand that Fair Travel Co. will not be responsible for any medical costs associated with an injury I may sustain. 

I agree at all times during the Tour, to abide by and comply with any additional instructions given by my tour guide and I accept that non-compliance may result in injury, death or permanent disability. I understand that non-compliance may result in my removal from the Tour, at my expense with no refund.

ASSUMPTION OF RISKS

I am aware that the Tour involves many risks, dangers and hazards which may include but are not limited to:

  • personal injury and/or death;

  • travel to remote areas without access to medical facilities or treatment

  • risk violence from crime, war, terrorism, political unrest and other dangers

  • food and water-borne diseases;

  • diseases from other carriers or while traveling, including COVID-19 and variants; 

  • changing weather conditions;

  • travel delays and sudden change or cancellation of schedules or activities; 

  • interactions or encounters with wildlife;

  • equipment malfunctions;

  • negligence of other participants or guides;

  • negligence of other operators or suppliers;

  • negligence on the part of the Fair Travel Co., including failure to safeguard or protect from the risks or dangers of the Tour 

  • consumption of alcohol;

  • collisions with vehicles, equipment, or structures;

  • becoming lost or separated from guides or other participants; and the failure to remain within designated areas.

I acknowledge that the enjoyment and excitement of the Tour is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and these inherent risks contribute to such enjoyment and excitement, being a reason for my participation. 

I acknowledge that I can fully participate in this Tour. I am fully aware of risks and hazards connected with the Tour, including but not limited to the risks as noted herein and I voluntarily assume full responsibility for any risks of loss, property damage or personal injury, including death, that may be sustained by me, or any loss or damage to property owned by my, as a result of my participation. 

CANCELLATION POLICIES

Due to the unprecedented impact of coronavirus (COVID-19) on the travel industry, we have adopted the following Booking Conditions and cancellation policies. The terms and conditions below took immediate effect on July 11, 2023.

Travelers who book a trip that must be rescheduled by Fair Travel Co. due to an insurmountable risk to the guests will receive a credit of 100% of all monies paid, toward any future trip with Fair Travel Co., one year from original trip departure date. You will be notified of any rescheduling via email directly from a Fair Travel Co. representative.

If you choose to cancel a scheduled Fair Travel Co. itinerary due to your own reasons (ie: contracting COVID, feeling uncertain about travel, etc.) our normal policies apply: Deposits are non-refundable (but are transferable to another person or trip) and additional payments can be refunded if cancelled more than 90 days prior to the trip start date (or per trip policies, some trips can not be cancelled, read the specific trip notes on the website please).  Deposits may only be transferred one time and incur a $100 rebooking fee.

There are no exceptions to this cancellation policy, including reasons related to weather, terrorism, civil strife, airline default, strikes, personal, family or medical emergencies, or any other circumstances beyond our control.  If you cancel because of medical issues, a positive virus test, sickness, quarantine, travel restrictions or warnings, fear of traveling, or any other reason, your booking is subject to this cancellation and refund policy.  Therefore, we suggest you purchase travel insurance.

Further, we cannot provide refunds for any unused portion of your trip if you are quarantined, refused services due to exhibiting symptoms, test positive for infectious disease, or refuse to comply with health and safety standards for our trip, and therefore cannot complete the itinerary. This includes if you are unable to board a plane to your trip destination or return flight home due to symptoms of an illness or if you are denied entry or if you are required to quarantine. 

Fair Travel Co. tours are hosted by a trip host. The decision of the trip host is final on all matters likely to affect the safety or well-being of all guests on the trip. If you fail to comply with a decision made by a trip host, or interfere with the well-being or mobility of the group, the trip host may direct you to leave the trip immediately, with no right of refund. Fair Travel Co. may also elect not to allow you on any future trips, even if they are already booked.

We strongly recommend purchasing travel insurance that covers cancellation, personal liability, loss of luggage and personal effects, evacuation, and repatriation. We strongly recommend that participants consider the purchase of “cancel for any reason” coverage. Our preferred travel insurance provider can be found by emailing explore@fairtravelco.com

AIR TRAVEL SCHEDULES

Fair Travel Co.is not liable for mistakes or errors in airfare bookings made by the traveler or any independent third parties. It is up to the traveler to book the correct arrival and departure flight from the trip start and end cities. All travelers should speak to a Fair Travel Co. representative before booking their flight. Any airline charges or change fees are the sole financial responsibility of the traveler.

Fair Travel Co. is not responsible for any change to airline schedules or flight numbers or for any additional expenses or loss that may arise from airline strikes and/or airline, airport, or weather delays. Fair Travel Co. will not reimburse travelers for any additional expenses incurred as a result of such events or delays.

ALCOHOL AND ILLEGAL SUBSTANCES

If I use, consume, or am under the influence of alcohol or illegal drugs prior to or while engaging in the activities or anytime during the Tour, I ASSUME AND ACCEPT ALL RISKS, DANGERS, AND HAZARDS THAT MAY RESULT FROM THIS INCLUDING THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND LOSS, even in the event of negligence or fault by Fair Travel Co. or third parties, and will indemnify Fair Travel Co. from any and all liability for any damage to property or personal injury to any third party, resulting from my participation in the Tour, while, during, or after consumption of illegal drugs or alcohol.

I AM AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH THE TOUR.

I am not relying on any oral or written representations or statements made by Fair Travel Co. about the safety of the Tour other than what is stated in this Liability Waiver.

I freely and voluntarily accept and fully assume these risks and the possibility of injury and loss resulting from my participation in the Tour. 

RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT

In consideration of Fair Travel Co. allowing me to participate in the Tour I agree:

  1. In the event that I suffer any loss, damage, expense, or injury from my participation in the Tour INCLUDING THOSE CAUSED BY THE RISKS SPECIFICALLY OUTLINED IN THIS WAIVER, I AGREE TO WAIVE ANY AND ALL CLAIMS I have or may have in the future against Fair Travel Co. and to RELEASE, HOLD HARMLESS AND INDEMNIFY Fair Travel Co. from any and all liability;

  2. TO RELEASE, WAIVE AND DISCHARGE Fair Travel Co. from any and all actions, damages, claims or demands which I, my heirs, personal representatives, executors, administrators or assigns may have against any and all of the aforementioned for any and all personal injuries, accidents, illnesses or death, known or unknown, which I have or may incur by participating in the Tour;

  3. TO RELEASE, HOLD HARMLESS AND INDEMNIFY Fair Travel Co. from any and all liability for damage to property or personal injury to any third party resulting from my participation in the Tour;

  4. If I violate this Agreement and attempt to bring suit against any of the parties named herein, I will be held responsible for attorney’s fees and any costs incurred in defending such action. Any litigation shall be brought solely within the State of California and shall be within the exclusive jurisdiction of the State of California;

  5. This Agreement and any rights, duties, and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of the State of California;

  6. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns, and representatives, in the event of my death or incapacity;

  7. This Agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect. 

  8. If paying by credit card, I agree to not file a dispute or chargeback request with my bank, credit card company, credit union, or other financial institution. I understand that no refund will be provided for my deposit and that inside 90 days of the trip departure the balance is also non-refundable. Should I file a credit card dispute, I agree to be liable for all attorneys’ fees and costs expended by Fair Travel Co. in defending the dispute.