Tour Terms & Conditions

Updated: July 15, 2024

Please read the following booking conditions carefully as they apply to bookings made through our website thenomadicnetwork.com. The Nomadic Network (hereinafter “TNN”, “we”, “us”, “our”) is owned by Here on a Layover and serves people (hereinafter “participant”, “you”, “your”) who want to travel.

By booking with us:

• You are acknowledging that you have read these Terms & Conditions and agree.
• You are confirming that you are at least 21 years old, or you will be once you go on your tour.
• You are confirming the information supplied by you is true and correct.

Please be aware that these Terms and Conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses. By asking us to confirm your booking you are accepting all the Terms and Conditions laid out below and acknowledging that you have read the Terms of this Contract and agree with it. 

You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, and (c) your being denied access to the applicable travel-related product or service.

If you are making a booking as a group, the leader of the group is responsible for sharing these Terms and Conditions with all members of the group and is financially responsible for the booking. We will not be liable for a group leader’s failure to share these Terms and Conditions with all Clients in their group.

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time. Upon making changes, we will notify you via the email address you provide to us at booking. Any updated terms will apply to your booking. The current terms will apply to your booking. You must therefore be familiar with the terms in effect at the time you book. Your continued use of our services including continuing to use or maintain any bookings after notice of any changes to the Terms and Conditions constitutes your consent to the changes.

1. Tour Logistics

PRICING

All prices on this website are shown in US dollars. The Nomadic Network reserves the right to adjust tour prices in response to changing market conditions. 

DEPARTURE INFORMATION

We require a minimum number of participants to run each tour. The minimum required can vary per tour. A tour may not be confirmed until 90 days before the tour begins. Tours already confirmed are noted as such on their specific departure page. 

ITINERARY CHANGES

We reserve the right to amend or vary the itinerary or other services should we determine circumstances warrant such changes, such as but not limited to weather, transportation changes, political unrest, or natural disaster, if it would be in the best interest of the participants, or for any other valid operational reason. Due to weather and factors beyond control, times and schedules may need to be altered in some way. If specific hotels are not available at the time of booking and a change becomes necessary, we will make every effort to ensure the substituted accommodation will be equivalent in standard. Such changes shall not be considered material and you shall not be entitled to any refund based on these changes.

CHANGES OR CANCELLATION BY A SUPPLIER

We will inform you as soon as reasonably possible if a supplier needs to make a significant change to your confirmed booking or to cancel. We will also liaise between you and the supplier in relation to any alternative arrangements offered by the supplier, but we will have no further liability to you.

If, between planning time and/or during actual travel, circumstances require changes, our suppliers reserve the right to cancel or vary any itinerary and substitute components of any tour, including but not limited to hotels and accommodations of comparable quality, if air schedule or surface transportation charges, security matters, and/or other events make such alterations necessary. Suppliers may substitute transportation equipment depending on any variety of factors, including the volume of passengers on a tour. During local or national holidays or special events, peak seasons, on certain days of the week, and during religious occasions, certain facilities such as museums, churches, restaurants, sightseeing tours, hotels, and shopping may be limited or not available. Alternatives will be offered whenever possible. 

TNN cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason. These changes will not be considered material changes and will not be considered cause for cancellation by the Client. Normal cancellation penalties still apply to the tour that has been changed.

2. Payments

Depending on how far in advance you are booking your tour, we may be able to offer payment plans for your tour. Any available payment plans will be listed on the booking page for each specific tour. Bookings made within 60 days from the tour’s “Start Date” (the first day of the tour) need to be paid in full and are not subject to the deposit policy found in section 2a.

DEPOSITS

To confirm your booking, you will be asked to send us a non-refundable deposit, applied towards the cost of your tour. This constitutes the “deposit.” Payment of the deposit amount constitutes the client’s acceptance of these Terms and conditions.

Unless otherwise stated on the tour booking page, the following applies to all deposits paid to reserve a spot on one of our tours:

• In order to reserve a spot on a tour, a deposit of 25% of the full price of your tour is required. If you use a payment plan or coupon that lowers your initial payment to less than 25% of the full price of your tour, your deposit is still technically 25% of the full price of your tour (not the discounted amount of the first payment).
• Once paid, the 25% deposit is 100% refundable for up to 14 days as long as it’s paid at least 91 days before the tour’s Start Date, with the exception of any credit card processing fees.
• After 14 days, your 25% deposit is no longer refundable. However, if you’d like to transfer it to another tour that is occurring within 12 months, you can do that as long as the re-booking is made within 90 days of cancellation. If you wait longer than 90 days to rebook, you forfeit the ability to transfer your deposit.

All deposit refunds, if applicable, will be returned via the same method the deposit was paid. It may take up to 14 business days from the date of the request for the deposit refund to be applied.

Final balance is due 60 days prior to your intended departure date unless otherwise stated. If you fail to pay by the due date, your booking may be canceled, and your deposit will not be refunded.

PAYMENT PLANS & BALANCE PAYMENTS

Balance payments are the payments following the initial deposit paid (the difference between the total tour cost and the deposit). 

If you paid in full, you have no balance payments due. 

We have payment plans (you’ll see the different options when booking a specific tour) so you can pay for your tour over time. We can offer different payment plans depending on the tour and how far in advance you’re booking your spot.

TNN can work with you to create a payment plan that helps you pay in full by 60 days out. 

Whichever card you use to pay the first time will be the card used for the subsequent automated transactions. For each transaction, you will receive an automated email. When using a payment plan, an account will be created on our website that allows you to manage your payments. Log into that account to:

• Update your information,
• Check on your scheduled payments, and/or
• Change the card you want used for future payments.

All balance payments are due within seven days of being invoiced, or 60 days before the tour Start Date, whichever comes first. Unless otherwise discussed and agreed to with us, failure to pay your balance within 14 days of being invoiced will result in the forfeiture of your spot.

Final payments are non-refundable. Non-payment of the final amount due will result in your tour cancellation and loss of deposit.

Bookings made after final payment is due (60 days before tour Start Date), must be paid in full.

TNN reserves the right to decline to accept or retain any person as a member of the tour at its own reasonable discretion.

PRICING ADJUSTMENTS

All prices are shown in US dollars and are current at date of printing the itinerary. TNN reserves the right to adjust tour prices prior to final payment in the event of any circumstance beyond its reasonable control (including but not restricted to exchange rate movements between the quoted price and the actual price).

We reserve the right to make changes to and correct errors in advertised prices at any time before your travel is confirmed.  We will advise you of any errors of which we are aware and of the then applicable price at the time of booking.

3. Cancellations

Cancellation of travel must be made in writing and acknowledged via email to [email protected] and is effective from the date we have acknowledged the written notification.

We incur expenses long before your tour. Because of this, any initial deposits made are non refundable after 14 days of booking, but  they may convert into credits if you cancel within an appropriate time frame (61 days prior to start date or more). In certain situations, there may also be outstanding costs owed to us for things like flights incurred on your behalf that we cannot recoup. See below for details.

4. Refund Policy

Our Refund Policy is as follows:

Within 14 days of booking, and more than 91 days before the tour Start Date: 100% refund of the balance amount (the deposit refund schedule is laid out in Section 2A of this document), with the exception of any credit card processing fees. If we have already incurred unrecoupable expenses like internal flights, those will be deducted from your remaining credit.

After 15 days of booking and 90 – 61 days before the tour Start Date: 50% refund of the balance amount (the deposit refund schedule is laid out in Section 2A of this document). Your deposit may convert into a credit, with the exception of any credit card processing fees.

• You may choose to use this credit by 1) transferring the credit to a new traveler for the same adventure, or 2) applying it to a future TNN tour that is occurring within six months, as long as your re-booking is made within 90 days of cancellation.
• If you wait longer than 90 days to rebook, you forfeit the ability to transfer your deposit.
• If you cancel a tour and receive a credit, that credit is valid for 12 months from the date of cancellation. Your credit must be applied towards a tour departing within 12 months and will not rollover past that, should you need to cancel again. Example: If you have a $500 credit from a tour you cancelled on Jan 1, 2023 – that credit must be used on a tour departing on or before Jan 1, 2024. You are free to repurpose that credit on any tour within that time frame, but it will not roll on past this point. 
• If we have already incurred irreversible expenses like internal flights, those will be deducted from your remaining credit. If our total irreversible expenses exceed your deposit amount, we will invoice you for the difference. Every effort will be made to avoid incurring these expenses during this period but may be unavoidable due to commitments to local tour operators.
• There is a $100 rebooking fee when using your credit to book a new tour or new participant.

60 – 1 day before the tour Start Date: 0% refund of the balance amount or deposit. If flights or non-refundable costs have been made on your behalf that exceed your deposit, a remainder may be owed.

Cancellations at or during Tour: 0% refund or credit.

No show: 0% refund or credit.

TNN incurs costs with the suppliers of your trip well in advance of your departure date. All suppliers have their own cancellation policies, which apply to your booking. We are not responsible for supplier bankruptcy or insolvency.

We are not responsible for any direct, incidental, consequential damages, expenses or losses that you may have incurred as a result of the booking including, but not limited to, visas, vaccinations, non-refundable flights, rail, or any other form of transportation, non-refundable car rental and parking or other fees, loss of earnings, or loss of enjoyment and opportunity. 

We require travel insurance to ensure you are protected in the event of a medical or family emergency. If you need to cancel for an insurance-covered reason, you can file a claim with your travel insurance. For this reason we require the purchase of a travel protection plan and strongly encourage including additional cancel-for-any-reason coverage.

Airline tickets are governed by the air carriers’ terms, and we are not responsible for any air carrier’s decision regarding refund.

No refund will be issued in the event that a client fails to join his or her tour or does not utilize accommodation or any services ; or for a partially completed tour other than as a result of the gross negligence or willful default of TNN.

All refunds, if applicable, will be returned via the same method the deposit was paid. It may take up to 14 business days from the date of the request for the deposit refund to be applied. There are no exceptions to this policy.

UNUSED SERVICES

There will be no discounts or refunds for missed or unused services or accommodations while on the tour. If a participant leaves an adventure voluntarily or involuntarily for any reason, no refunds will be issued. Please be aware that any voluntary changes on your part to your itinerary during the tour will be made at your own expense.

EXCHANGING TOURS
Once you have paid your deposit for a tour, we are unable to change you to a different tour unless your tour is postponed or canceled.

TOUR POSTPONEMENT

If we decide to postpone a tour,due to any situation that we feel requires a tour to be postponed, you may choose to receive a 100% refund (deposit and balance payments) OR you may transfer any amount already paid to be applied to the new dates of the same tour or to another tour that we operate.

This decision must be made within 10 days of being notified by us via email about the postponement. After 10 days, if you have not written to us with your decision, we will automatically apply any amount already paid to the new dates of the postponed tour.

If we cancel or postpone a tour and you choose to transfer the amount you have already paid to a new tour or to the new dates of the postponed tour, that amount already paid will be subject to the Deposit and Balance Payment Refund Policies stated above. The date of deposit will remain the original date the deposit was paid. The tour Start Date, for payment and cancellation sake, will be the new Start Date of the postponed tour or the Start Date of the newly chosen tour.

If you choose to rebook in lieu of a refund and an alternative tour chosen is of a lower value than that originally booked, you will receive a refund of the price difference between the originally booked tour and the lower-priced tour. If you are offered a refund but request an alternative tour of a higher value than that originally booked, then you must pay the difference.

TOUR CANCELLATION

Our tours require a minimum of 10 guests to run, and thus, may not be confirmed until 60 days before the tour is set to begin.

We encourage you to wait to book any flights associated with the tour until after the tour has been confirmed.

Though we make every effort not to, in certain cases, we may have to cancel or postpone a tour. If we are forced to cancel a tour, due to low number of participants or other unforeseen circumstances, we will offer you either of the following options:

1. Issue you a 100% credit for the amount paid plus $250 to apply to any new tour that we offer within the next 12 months.
2. Issue you a 100% refund for any monies paid to TNN.

TNN reserves the right to cancel any adventure for any reason, but will not cancel less than 30 days before departure except for force majeure and/or for reasons outside of our control such as Acts of God including natural disasters like hurricanes, tsunamis, earthquakes or any natural disaster, or any acts of terrorism which may arise in the said country that would make the adventure unsafe.

TNN is not responsible for expenses incurred by travelers in preparing for their trip (e.g., non-refundable air tickets, visa fees, etc.) in any cancellation circumstances.

FORCE MAJEURE

We assume no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, but not limited to: war; civil commotion; riot; blockade or embargo; union dispute; strikes or labor disruptions; explosion; sabotage; arrests; restraint of rulers or peoples; acts of terrorism; insurrection; government seizures; acts of God; fire; flood; earthquake; volcanic eruption; hurricane; environmental pollution or contamination; low or high water levels; water or power shortages or failures; tropical storms; inclement weather; windstorm; other extreme weather event; epidemic; quarantine restriction; government health advisory, pandemic; other health emergency; 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, which would make it dangerous or not viable for a trip to commence or continue.

In the circumstances amounting to force majeure, we will not be required to refund any money to you.

5. Credit Card Bookings

Your authorization is an agreement for us to charge your card and an acknowledgment and agreement to these terms and conditions including the cancellation terms. As such, you agree not to make any improper chargebacks.

In certain cases, you can dispute charges with credit card companies (“chargebacks”). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy.

TNN retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:

• Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
• Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
• Chargebacks arising from inconsistency or inaccuracy with regard to the supplier’s product description.
• Chargebacks resulting from force majeure or other circumstances that are beyond the control of TNN or the Supplier.
• Chargebacks resulting because you do not agree with the cancellation policy.

6. Participant Responsibilities

MANDATORY TRAVEL INSURANCE

Travel insurance is mandatory for all of our tours. By participating in this tour, you agree to purchase travel insurance prior to the start of the tour and understand that you’ll be required to show proof of a purchased policy 90 days before tour Start Date. Failure to have travel insurance will result in your exclusion from the tour and no refund will be offered.

We cannot answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. If you have any questions about your travel insurance, you can ask your travel insurance provider directly.

PASSPORT, VISAS, & DOCUMENTATION

It is the responsibility of each Client to obtain and carry a valid passport, visa(s), inoculations, and all other documents required by applicable government regulations. For up-to-date requirements US citizens should visit www.travel.state.gov. When traveling overseas you must hold a valid passport with a minimum of six months validity from your return date. Foreign passport holders must have a re-entry visa. Traveling to other countries may require a visa or you may be refused entry.

Recommended inoculations for travel may change and you should consult your practitioner for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/.

You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing Client to miss flight(s), and subsequent scheduled travel bookings tours. TNN bears no responsibility for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry. 

INTERNATIONAL AIR TRAVEL

Our tours are based on land-only pricing so booking international travel is the responsibility of the client. Airline tickets are issued to and accepted by the passenger subject to the terms, regulations and conditions outlined at the time of booking by the airlines’ conditions of carriage.

INTERNAL/DOMESTIC AIR TRAVEL

Internal air travel is included where possible in our itineraries, but please check inclusions. Domestic airfares and/or chartered flights will generally be booked by our local supplier unless otherwise noted on your specific tour.

CLIENT INFORMATION

Names provided to secure reservations must match Clients’ passport. Middle names are not required to appear on airline tickets. Date of birth and complete passport details are required. Any minor name corrections advised after airline tickets have been issued will incur fees. Not all name corrections will be permitted by airlines and may require the purchase of a new ticket. Clients voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation.

CONFIRM YOUR FLIGHT

TNN advises you personally to re-confirm your flight schedule within 24 hours prior to departure directly with the airline in case of any last-minute changes or delays. Most airlines allow you to check in online 24 hours prior to departure. Upon arrival at the destination it is your responsibility to meet the tour at the designated time and place.

ACCOMMODATIONS

TNN tours are sold as shared rooms or single rooms, meaning, you will share your room with one other participant or have your own. If you would like to have your own room, please choose solo room at checkout. There may be additional charges for such requests. Accommodation type varies based on tour. Some accommodations are luxury properties and/or holiday homes. Some are 3, 4 or 5-star hotels, depending on availability and resources of our suppliers in country. If any of the hotels noted in your itinerary are not available at the time of booking and a change becomes necessary, we will make every effort to ensure the substituted accommodation will be equivalent in standard. All certificates and other travel documents for tour services issued by TNN and its partner agencies are subject to the terms and conditions specified by their suppliers.

Clients should be aware that hotel room sizes, standards and facilities can vary regionally and are often different from standards in the United States. 

This can include differences in bed sizes and room sizes, proximity of the beds to one another, bathroom amenities, amenities such as air-conditioning and compliance with other standards such as ADA and wheelchair accessibility.  

One of the joys of international travel is experiencing different cultures and different ways of life so we hope that you will accept these differences with grace and a sense of adventure.

While we exercise due diligence in the selection of our partners, hotel and other accommodation profiles are based on information provided to us by the supplier. This includes images and descriptions of the properties and rooms. Additionally, Clients should be aware that star ratings or similar systems are based on country classifications and therefore can differ. While TNN does its best to maintain current and accurate information regarding these suppliers, we cannot be held responsible for any inaccuracies in supplier descriptions, amenities, or images.

SIGHTSEEING

Due to weather and factors beyond control, sightseeing schedules may need to be altered in some way. We make every effort to ensure a seamless transition and a bit of fun along the way! As a courtesy to others in the tour and/or activity, it is mandatory that you be on time for all scheduled experiences. Tours and activities will begin on-time and failure to arrive will be considered a no-show for which no refunds will be available. It is essential that you keep in mind that tour and activity times are set to accommodate climate, crowd size and best viewing options for our groups. At times, early morning departure times may help create a better experience. Therefore, late arrivals cannot be accommodated.   

INCLUSIONS

Our tours include ground transportation in the tour country, agreed number of nights’ accommodation, breakfast daily if outlined, plus some lunches and dinners, entrance fees, classes and tours according to the individual tour itinerary.

COSTS NOT INCLUDED

Our tours do not include airfares, personal transportation to and from the home airport(s), passport or visa fees, taxes, travel and health insurance, telephone expenses, drinks unless specified, excess baggage charges, tips and services not otherwise listed and all items of a personal nature. Some optional activities are included in the tour price. The price does not cover costs and expenses, including your return home, if you leave the tour whether of your own volition, our decision based on behavior that disrupts the trip, due to illness, action by any government or other reason. This list is illustrative and not a complete list of every item not included.

PHOTO RELEASE

By traveling with us you consent to images taken of you being used for advertising and promotional purposes. You grant us a perpetual, royalty-free, worldwide, irrevocable license to use such images for publicity and promotional purposes such as but not limited to using group photos on our website, social media, and email communications.

INCLUSIVITY AGREEMENT

On our tours, participants have the opportunity to meet and interact with people of all cultures and backgrounds, both within the countries we travel to and with other group participants. In order to foster an inclusive and respectful environment, we expect participants to exercise discretion and cultural awareness when it comes to language and remarks that may seem insensitive or derogatory to certain people. Remarks that may seem harmless to one person may be deemed offensive by someone of a different identity by religion, gender, age, nationality, race, sexual orientation, ability, body shape, or gender expression, etc. We are dedicated to providing a harassment-free experience for everyone to feel welcome.

We encourage participants to approach others and differences within participants and cultures with an open mind, respect, and curiosity, as well as avoiding stereotypes, assumptions, and judgment based on differences. Valuing diverse perspectives is an important aspect of travel and of our tours specifically.

IF YOU ARE ASKED TO LEAVE

Participating in a group tour is a team effort. If you are asked to leave a tour for bad behavior, violence, bullying, or any other disruptive action, you will not be refunded, no credit will be provided, and you will not be allowed on any of our future tours. If you have undisclosed addictions including alcoholism or substance abuse that makes you a danger to yourself or others on your tour, you may be asked to leave without being refunded or reimbursed. We have a zero tolerance policy for gossip and/or bullying, which can ruin even the best group tour. If you are gossiping about other members of the group and fail to stop after being asked, you may be asked to leave a tour. 

TNN reserves the right to deny service to anyone, at any time, for any reason. If you are known to cause disruption, drama or negativity that disrupts the experience of our guests, you will not be allowed to return on future tours. 

We are not responsible for any of your travel expenses that may arise from the moment you are asked to leave.

COVID POLICY

This tour is currently open to all travelers whether you’ve been vaccinated against COVID-19 or not. Though, we recognize the privilege that we have when traveling and will try our best to take care of the communities we visit. We believe vaccinations play a key role in saving lives and helping to keep people safe. Around 70% of the world is vaccinated against COVID-19 but vaccination rates remain low in some of the destinations and communities we visit. While we do not require proof of vaccination, we strongly encourage getting fully vaccinated against COVID-19 to protect themselves and others. Specific proof of testing or vaccination may still be required by your destination or airline. Travel restrictions change frequently – please ensure you have done the research as to what entry requirements may be required by both country and airline.

DESTINATIONS

Travel to certain destinations may involve greater risk than others. TNN urges Clients to remain informed daily as to current news, as well as to review travel prohibitions, warnings, announcements, and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to destinations can be found at http://www.state.gov, and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are following all requirements for admittance into that country, including COVID- 19 requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking. Should you choose to travel to a country that has been issued a travel warning or advisory, TNN will not be liable for damages or losses that result from travel to such destinations.

7. Legalities

WAIVER OF LIABILITY

By accepting these terms the client acknowledges and agrees that to the full extent permitted by law, TNN LLC and its representatives shall assume no responsibility and will not be held liable for any personal injury, property damage, or other loss, accident, delay or inconvenience sustained by the client in the course of or as a result of services provided by TNN as part of the itinerary and that the client shall hereby release, discharge and/or indemnify TNN and its representatives in respect of any such loss, injury or damage, accident, delay or inconvenience and/or from any liability arising from same.

Without prejudice to the foregoing, TNN and its representatives shall have no liability or obligations to a client arising directly or indirectly out of any circumstances beyond its/their control including, but not limited to, breakdown in equipment, strikes, theft, delay, hijacking, act or threat of war (whether declared or not), riots, civil strife, terrorist activity, industrial disputes, discharge dispersal, release or escape of pollutants, natural and nuclear disasters, fire, sickness, bad weather, technical or transportation problems, closure of stations or airports, cancellations or changes of schedules by railways, air or bus lines or any other circumstances amounting to force majeure and/or Act of God.

DISCLAIMER

TNN is not a carrier or hotelier, nor does it own aircraft, hotels or coaches. The services which TNN provides consist of arranging and coordinating accommodation, tours and transfers, making bookings and issuing vouchers to be redeemed by suppliers if necessary. While TNN exercises every care in the selection of reputable coach operators, hotels and other suppliers of the various services which are used in these tours, TNN does not act as their agent, norare such suppliers or service providers the agent of TNN.

It is important to note, therefore, all bookings with TNN are subject to the terms, conditions and limitations of liability imposed by such suppliers or service providers whose services are utilized, some of which may seek to limit or exclude liability in respect of death, personal injury, delay and loss or damage of baggage.

The client acknowledges and agrees that TNN and its representatives assume no responsibility to the client and will not be held liable by the client for any personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity by reason of:

(1) any wrongful or negligent acts or omissions on the part of the suppliers or service providers,

(2) any wrongful, negligent, or unauthorized acts or omissions on the part of any employee or representative of these suppliers or service providers,

(3) any defect in or failure of any vehicle, equipment or instrumentality owned, operated, or used by any of these suppliers or service providers, or

(4) any wrongful or negligent acts or omissions on the part of any other party not under the direct control of TNN.

INDEMNIFICATION

Client agrees to and shall indemnify and hold harmless TNN, and each of our officers, directors, employees and agents (collectively “TNN”), from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by TNN (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) Client’s breach or violation, or threatened breach or violation, of this Agreement and (ii) Any damage caused by Client while participating in the trip.

GOVERNING LAW/JURISDICTION/CLASS ACTION WAIVER/DAMAGE LIMITATION/NOTICE OF CLAIM

This Agreement and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Oregon exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in Oregon. You agree that you will only bring claims against TNN in your individual capacity and not as a plaintiff or class member in a purported class action or representative proceeding. TNN shall not in any case be liable for anything other than compensatory damages, and your payment of a deposit on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against TNN unless you have first provided a typewritten notice of claim to TNN within 30 days after the tour or cancellation of the trip. 

ENTIRE AGREEMENT & SEVERABILITY

This agreement, including the terms and conditions of our suppliers, any other documents, including invoices, we provide you, constitutes the entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to TNN. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

GOVERNING LAW

These Tour Terms & Conditions shall be construed in accordance with and governed by the laws of the United States and the State of Oregon, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in the State of Oregon in all disputes arising out of or related to the use of the site.

CONTACT US

If you have questions or comments regarding this policy, you may reach us at:

• Address: The Nomadic Network, 4148 SW 43^rd Ave Portland, OR 97221
• Email: [email protected].