OUR TRAVEL PASSPORT ADVENTURES Terms & Conditions

 

Our Travel Passport, hereafter referred to as “Company” or “OTP” will host participants or customers as they follow the itinerary as outlined on its website (www.ourtravelpassport.com/greece) or in other details sent to participants. Our Travel Passport will strive to help participants enjoy the respective destination and will provide participants with all information, tips, photos, and videos within Our Travel Passport’s reasonable ability.

 

General

By joining  the event being paid for by the participant, hereafter referred to as “Adventure”, with Our Travel Passport, you agree to be bound by the terms and conditions set forth in the Terms & Conditions, or “Agreement”. It is the participants responsibility to understand what is and is not included in the itinerary and what is and is not his or her own responsibility. Any minors below the age of 18 must be accompanied by a parent or guardian for the entire Adventure. OTP reserves the right in their sole discretion to accept, decline to accept, or remove any participant on an OTP Adventure without penalty, and to make changes in the published itinerary whenever, in their judgment, conditions warrant or if they deem it necessary for the comfort, convenience, or safety of participants.

Any controversy or claim arising out of or relating to this Agreement or the breach thereof, including without limitation any claim related to illness, injury, or death, shall be governed as a dispute by California law and the parties agree that they will attempt in good faith to settle any and all disputes arising out of, under or in connection with this Agreement, including without limitation the validity, interpretation, performance and breach hereof, through a process of mediation in California under the supervision of a mutually agreed upon mediator. In the event that mediation fails to settle such a dispute, the parties agree that they will proceed to arbitration in California using one arbitrator pursuant to the then existing rules of the American Arbitration Association and the maximum amount of recovery to which a participant will be entitled under any and all circumstances will be the published cost of the participant’s OTP Adventure or the total monetary amount paid by the participant to Our Travel Passport, LLC, whichever is less. This agreement to arbitrate does not waive or modify any liability release agreed by the participant.

Choice of Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with California law and shall be subject to the exclusive jurisdiction of the California Courts.

It is your express intent that this Agreement shall bind the members of your family and spouse, if you are alive, and your heirs, assigns and personal representative, if you are deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE any of the OTP Parties.

This Agreement constitutes the entire agreement between you and OTP, and supersedes any prior agreement, regarding the subject matter herein. You acknowledge and represent that no oral representations, statements, or inducements, apart from those set forth herein, have been made to you by any OTP Party. You acknowledge and agree that this Agreement, including the releases and waivers of liability herein, are intended to be as broad and inclusive as permitted by applicable law.

If any portion(s) of this document is/are held by a court of competent jurisdiction to be unlawful, invalid, or unenforceable, such portion(s) shall be interpreted and/or reformed without further action of the parties hereto to render them valid and enforceable when applied to the facts at issue and the lawfulness, validity, and enforceability of such provision(s) as applied to any other facts, and the lawfulness, validity, or enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby. The failure or delay by OTP to enforce or exercise any provisions of this Agreement shall not constitute or be deemed a waiver of such provision or any other provisions herein. Furthermore, any waiver or breach of any provision of this Agreement shall not amount to a waiver of any other provision.

 

Included

Accommodations and meals as outlined in the itinerary, pre-departure information; entrance fees, excursions, and sightseeing noted as included in the itinerary; all land, air, and sea transportation during the tour as included in the itinerary; transfers to and from the airport where applicable; photography and videography services; cost of hosting and coordinating and planning the items included in the itinerary

 

Not Included

Air transportation and related fees to the beginning location and from the final location; activities noted as optional in the itinerary or not included in the itinerary at all; gratuities; passport, visa, and permit expenses; medical expenses and immunizations; baggage/accident/cancellation insurance; personal expenses, such as laundry, telephone calls, dinner (unless otherwise specified) and alcoholic beverages; and any other items not specifically noted as included.

Participants are responsible for obtaining any documents required for their participation in the tour such as a valid passport, all visas, vaccination certificates, licenses, and any other documents. Failure to obtain documents does not negate the terms and conditions, and any extra costs or damages incurred for consequences of travel without the necessary documents will be the participant’s responsibility.

We strongly recommend the purchase of travel insurance for the Adventure. You are solely responsible for the cost of any travel insurance and ensuring that you are adequately insured for the full duration of the Adventure with respect to possible illness, injury, death, property damage, loss of baggage and personal items, cancellation and/or curtailment, and/or any other potential losses, damages, costs, expenses, or liabilities (collectively “Losses”). You will be solely responsible for any Losses related to your failure to procure travel insurance. OTP is not responsible for any Losses you incur and/or sustain.

 

Payment, Modification, and Cancellation

All prices are per person and based on double occupancy (two persons sharing a room). All prices and fares are quoted in U.S. dollars. The rates are based on tariffs, currency values, airfares, and third-party charges as of their publication date and are subject to change due to unforeseen circumstances. While OTP will do everything possible to maintain the listed prices, if it is necessary to levy a surcharge, or the participants request additional services not included in the designated itinerary, OTP reserves the right to increase the price accordingly and appropriately, and notification will be given at the time of final invoicing.

To reserve space on an OTP Adventure, a 50% per person deposit is required.  Final payment is due no later than six weeks prior to departure. Payments can be made by debit card, direct deposit (ACH Transfer), and credit card. Payment by check is available at the discretion of OTP. A participant’s reservation may be canceled if full payment has not been received six weeks prior to departure. For reservations made within six weeks of the departure date, full payment is required when the reservation is accepted. All cancellation notices must be received in email form and will become effective as of the date of the date stamp. If a participant cancels six weeks or more prior to departure, the participant will receive a refund of the unspent and retrievable amount of the deposit less an administrative fee of 50%. OTP never guarantees that any portion of your deposit will be available to be refunded. You may request to have your deposit applied to another participant’s registration for the same Adventure at least six weeks prior to departure (“Cancellation Penalty Period”). Per-person charges for cancellations that occur during the Cancellation Penalty Period are 100% of the Adventure cost. Any revisions made within the Cancellation Penalty Period, such as a change in departure date or choice of tour, are subject to this cancellation policy. Any airline tickets issued are subject to the carrier’s refund policy. Arriving late or leaving an Adventure in progress, for any reason whatsoever, will not result in a refund, and no refunds will be made for any unused portions of a tour. OTP reserves the right to cancel the Adventure or modify any and all aspects of an Adventure (which may include without limitation changes to the types and/or timing of activities available during the Adventure, items and/or services included with the Adventure, accommodation, and/or the itinerary) if, in OTP’s sole discretion, OTP deems it necessary to do so because of inadequate enrollment that makes the tour economically infeasible to operate or due to conditions that may be hazardous, dangerous, or otherwise adverse or threatening, if an act or omission of a third party prevents any such aspects of the Adventure or any portion of the Adventure, or for any other reason considered commercially necessary by OTP. You will not be eligible for any refunds of any amounts based on any changes to the Adventure. If an OTP Adventure is canceled prior to departure, OTP will provide participants with a refund and/or credit toward a future OTP Adventure equivalent to payments made to OTP. If OTP cancels the tour in progress, participants will receive a prorated monetary refund or credit towards future OTP Adventures based on the number of days not completed on the tour. Except as outlined above when OTP cancels an tour, OTP has no responsibility for any expenses, including any non-refundable expenses, airfare, travel documents, other expense incurred by participants in preparing for a cancelled tour or for any additional arrangements should participants embark prior to or after the scheduled group departure dates, or  for any other losses or claimed damages.

The hosts, photographers, and videographers presented in the details and on the website are subject to modification and change by OTP. Every reasonable effort will be made to operate programs as planned, but alterations may still occur after final itineraries are sent.

After OTP receives your Deposit you will receive a confirmation email. Please contact us if you do not receive a confirmation email within six business days of submitting your Deposit. Thereafter, we may send you, and you consent to receive, correspondence related to the OTP Adventure, including the itinerary for the Adventure.

If OTP is prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of any Act of God, strike, trade dispute, fire, inclement weather, breakdown, interruption of transportation networks/means, government or political action, acts of war or terrorism, acts or omissions of a third party, loss of life of an immediate family member, or for any other cause whatsoever outside of OTP’s reasonable control, OTP will be under no liability whatsoever to you and may, at OTP’s sole discretion, by written notice to you, either cancel the Adventure pursuant to cancellation policies or take any other reasonable action.

 

Media Release

OTP reserves the right to take photographs or videos during the operation of any tour part thereof and to use the resulting photography, videos, or recordings for promotional or commercial use. By making a reservation on an OTP Adventure, the participant agrees to allow his/her likeness to be used by OTP or OTP-authorized third parties for any and all marketing purposes, distribution, publishings, social media posts, unrestricted by time or geographic area. If the participant prefers that his/her likeness not be used, he/she must notify us in writing prior to departure of the tour. 

Participants have the right to use any photos or videos taken of them by OTP for any non-commercial use. The participant grants to OTP a non-exclusive, worldwide, irrevocable license to use any media provided to OTP in any media for any of OTP’s commercial purposes. You further waive any right to royalties or other compensation arising or related to the use of your likeness or media. This release applies to all photographic, audio, and/or video recordings collected as part of, in connection with, and/or during the Adventure.

 

Indemnity

In consideration for participating in the Adventure, YOU VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR AND HEREBY RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, AND COVENANT NOT TO SUE OTP, ITS OFFICERS, MEMBERS, AGENTS, CONTRACTORS, EMPLOYEES, VOLUNTEERS, GUIDES, AND OTHER REPRESENTATIVES (each a “OTP party” and collectively, the “OTP parties”) FOR ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, AND/OR LOSSES (including but not limited to any exemplary, direct, indirect, incidental, special, consequential, punitive, or other damages, medical expenses, lost wages/income, loss of services, lost profits, property damage, pain, illness, and death) (collectively “liabilities”) WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO YOUR TRAVEL TO AND/OR PARTICIPATION IN THE ADVENTURE AND/OR ANY ACTIVITIES CONDUCTED IN CONNECTION THEREWITH, REGARDLESS OF WHETHER SUCH LIABILITIES ARE CAUSED BY THE NEGLIGENCE OF ANY OTP PARTY OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY OTP PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. You have been advised and urged to obtain travel insurance to cover against Liabilities resulting from trip cancellation or interruption, weather, natural disaster, strike, illness, job reasons, accident, sickness, evacuation, pre-existing medical conditions, baggage delay, loss, theft, and other Liabilities associated with travel and your participation in the Adventure. You acknowledge that whether or not you elect to purchase or not purchase travel insurance, you will not look to any of the OTP Parties for reimbursement for any Liabilities suffered or occurring during your travel and/or participation in the Adventure.

You further hereby agree to indemnify and hold harmless the OTP parties from any and all liabilities (including without limitation court costs and attorney’s fees) that one or more of the OTP parties may incur as a result of your participation in the Adventure, whether caused by the negligence of any OTP party or otherwise (but excluding any gross negligence or willful misconduct of a OTP party), to the fullest extent allowed by applicable law.

You understand that Our Travel Passport, LLC and its agents, owners, hosts, members, etc. are not travel agents and do not claim to be. You understand that Our Travel Passport, LLC and its agents, owners, hosts, members, etc. agree to host you as you travel through our Adventure destination for the determined period of time. As a courtesy Our Travel Passport will book the group items listed in the itinerary as included.

 

Health & Medical

By signing up for an OTP Adventure, the participant certifies that he or she does not have any mental, physical, or other condition or disability that would create a hazard for him or herself or other participants.

Participants must be in good physical and mental health. Any physical condition, diet, or treatment requiring special attention must be reported in writing when the reservation is made. OTP encourages participants to consult a doctor for specific medical advice about any activities or destinations. Certain OTP Adventures may require that the participant obtain medical consent prior to departure as a condition of participation.

In the event participant becomes sufficiently incapacitated as to be unable to direct his or her own care, there is no one on the OTP Adventure who can direct participant’s care, and OTP is unable or does not have time to contact participant’s emergency contact, the participant, by registering and paying for an OTP Adventure, authorizes any medical treatment deemed necessary in the event of any injury or illness while participating in the activity including, but not limited to, X-ray, examination, anesthetic, medical or surgical diagnosis, or treatment and hospital care which is deemed advisable by, and is to be rendered under the general or specific supervision of, any physician and/or surgeon licensed in the United States, or, if in a foreign country and no physician licensed to practice in the United States is reasonably available, by a duly licensed physician deemed competent to render the necessary care. In addition, the participant certifies that they have medical insurance which will cover personal accidents, medical expenses, medical evacuation, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the participant, or that in the absence of this medical insurance coverage, the participant agrees to pay all costs of rescue and/or medical services as may be incurred on the participant’s behalf.

You represent that documentation from your physician confirming your clearance to participate in the Adventure can be provided upon request. If, at any time, you have any doubts about your physical condition or fitness to participate in any aspect of the Adventure, you will cease participation in the same and seek appropriate medical attention. YOU ARE HEREBY ADVISED THAT THE ADVENTURE MAY TAKE PLACE IN REMOTE AREAS WHERE THERE IS LITTLE OR NO ACCESS TO TRADITIONAL MEDICAL SERVICES OR HOSPITAL FACILITIES FOR SERIOUS HEALTH ISSUES (OR YOUR PARTICULAR HEALTH ISSUES). YOU ARE FURTHER ADVISED THAT ANY MEDICAL OR EVACUATION EXPENSES WILL BE YOUR SOLE RESPONSIBILITY. We reserve the right in our sole discretion to refuse your participation in the Adventure, any Adventure Classes, Physical Activities, and/or any other activities, due to medical, fitness, or other grounds. OTP also reserves the right to deny participation in the Adventure or any related activities at any time to individuals demonstrating behavior that may result in injury to themselves or others.

You acknowledge that you are voluntarily participating in the Adventure with OTP, which may include strenuous physical activity including without limitation walking, running, hiking, climbing, swimming, jumping, surfing, yoga, ATV riding, driving, sailing, and various other exercises or physical activity (“Physical Activity”). You acknowledge that you are fully aware of the risks and hazards connected with participation in the Adventure and/or engaging in Physical Activity, which may include the risk of serious injury (e.g., heart attacks, muscle strains, pulls, tears, broken bones, shin splints, and other illnesses) or death, and you hereby elect to voluntarily participate in such Physical Activities as part of the Adventure. All activities are optional and if you do not want to participate in an activity you are not required to. OTP is not responsible for providing an alternative activity for you if you choose not to participate.

You understand that serious accidents may occur during Physical Activities, including without limitation Adventure Classes, and that participants can sustain fatal and/or serious personal injury. You acknowledge that your decision to participate in the Adventure is made in full consideration of the foregoing information and that you solely and exclusively assume the risks involved with participating in the Adventure. In the event you are injured while participating in the Adventure, you agree to assume all financial obligations for any and all medical costs you incur. You acknowledge and agree that IN NO EVENT SHALL OTP AND/OR ANY OTP PARTY BE LIABLE OR RESPONSIBLE FOR ANY LOSSES OR LIABILITIES ARISING OUT OF YOUR PARTICIPATION IN THE ADVENTURE.

 

Property

Baggage and personal effects are at all times the sole responsibility of the participant and in no way is OTP ever responsible for the loss, theft, damage, etc. of participants’ property. We suggest the participant takes the necessary measures to ensure the safety and or their personal belongings.

 

Accommodations

Single rooms are available at the appropriate additional cost. We will assist persons requiring a roommate. Participants will be notified if a suitable roommate is not available, in which case the single rate will be charged.

 

Airfare

Participants are 100% responsible for airfare to our beginning location and from our final location, including but not limited to cancellation or change fees, and expenses resulting from a delay or cancellation.