Welcome to SAExpeditions.com (the “Website”). We’re very excited to work with you on planning your next tour. The Website serves as a platform where you can: a) learn about our travel-related goods and services (“Tours”), b) communicate with us about Tours, and c) complete your purchase of Tours.
2.1 Legally Binding Agreement.
Please understand that these terms of service are a legally binding agreement (“Agreement”) between you and SA Luxury Expeditions, LLC (“SA Expeditions”). The Agreement governs your use of the Website and your purchase of any Tour. SA Expeditions recommends that you read this Agreement carefully.
2.3 Arbitration and Remedies.
Please be aware that this Agreement contains a mandatory arbitration provision that requires the arbitration of any disputes on an individual basis, rather than a jury trials or class action. See Section 13 (Dispute Resolution) for full details.
3. ELIGIBILITY TO USE WEBSITE
You represent that you are at least 18 years old and are legally qualified to enter into contracts. If you are using the Website on behalf of any other person or entity, you represent that you have full legal authority to act on behalf of that other person or entity and to enter into this Agreement on that person or entity’s behalf.
4.1. Payment Method.
To purchase any Tour, you will need to provide SA Expeditions with the required information for a payment method accepted by SA Expeditions (“Payment Method”), such as your bank account, credit card, debit card, or other financial account information. You represent that you are allowed to make payments using your Payment Method.
4.2. Your Payments.
When you purchase any Tour through the Website (“Sales Process”), you agree to pay SA Expeditions all of the charges, fees, and taxes identified to you on the Website.
4.3. Deposit and Timing of Payment.
The Purchase Price consists of two categories of costs: a) Tour Costs, and b) Upfront Costs, such as airfare. You authorize SA Expeditions to charge the Purchase Price to your Payment Method, as follows:
If you purchase a Tour more than 90 days before the first day of travel associated with the Tour (“Tour Start Date”), you will pay 30% of the Tour Costs and all of the Upfront Costs at the time of purchase and the remainder of the Tour Costs at 90 days before the Tour Start Date.
If you purchase a Tour 90 days or less before the Tour Start Date, you will need to pay the entire Purchase Price at the time of purchase.
4.4. Changes in Costs and Fees.
SA Expeditions reserves the right, in its discretion as allowed by law, to change the costs of Tours, or to add new fees associated with Tours, by posting such changes or providing notice to you.
4.5. While SA Expeditions does not provide you with travel insurance, SA Expeditions strongly encourages you to purchase a travel insurance policy, which will help reimburse certain costs that may arise when unexpected circumstances interrupt your travel, including costs for unanticipated travel delays, weather interruptions, lost luggage and medical emergencies. Please be aware that many insurers require you to purchase the policy within two weeks of purchasing a Tour.
5. CANCELLATION AND REFUND POLICY
In the event that you cancel a Tour and you seek a refund of the Purchase Price, SA Expeditions will pay you a refund according to the following schedule, except that all cancellations are also subject to a $100 per person administrative fee and any cancellation fees assessed by SA Expeditions’ Service Providers (the term “Service Provider” is defined in Section 11.2).
Amount of Time Between Cancellation and First Day of Travel Associated with Tour
Amount of Refund
90 Days or More
Entire Purchase Price of the Tour
Between 60 Days and 89 Days
70% of Purchase Price of the Tour
Between 30 Days and 59 Days
50% of Purchase Price of the Tour
Less than 30 Days
6. AIRLINE AND OTHER SERVICE PROVIDERS’ RULES AND RESTRICTIONS
Additional terms and conditions of Service Providers may apply to any Tour you purchase.
SA Expeditions is not responsible for any airline penalties or airline fees that arise if you change or cancel a Tour. It is up to you to verify that the correct flights are booked according to your issued and confirmed itinerary, and please note that all airfare for any Tour is subject to change without notice until tickets are issued. Please also be aware that many discount airlines do not provide refunds and/or limit refunds due to delays or cancellations caused by unforeseen circumstances.
7. INTERNATIONAL TRAVEL
You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas, and recommended inoculations are in order and any other foreign entry requirements are met.
8. ELECTRONIC COMMUNICATIONS FROM SA EXPEDITIONS
By entering this Agreement, you agree to receive electronic and other communications from SA Expeditions, including email communications. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.
SA Expeditions grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access and use the Website. No part of the Website may be copied, modified, sold, distributed, or otherwise exploited for any commercial purpose without the prior written consent of SA Expeditions. All rights not expressly granted in this Agreement are reserved by SA Expeditions. Without limitation, this Agreement grants you no rights to the intellectual property of SA Expeditions.
10. NO RELIANCE ON THIRD PARTY CONTENT
Opinions, advice, statements, or other information made available through the Website by third parties are those of their respective authors and should not necessarily be relied upon.
11. DISCLAIMERS; LIMITATION OF LIABILITY
11.1. As-Is Descriptions.
Please understand that the information on the Website is for informational purposes only and is provided on an “as-is” basis. While SA Expeditions tries to maintain the accuracy of the information on the Website, it does not guarantee the accuracy of, and disclaims all liability for, any errors or inaccuracies in the Website’s content.
11.2. No Liability for Service Providers’ Conduct.
The services comprising a Tour, including but not limited to accommodations, transportation, and guided tours, may be provided by independent suppliers, with whom SA Expeditions contracts (“Service Provider(s)”). While SA Expeditions exercises all reasonable care to ensure your safety and satisfaction on a Tour, SA Expeditions does not assume nor bear any responsibility or liability for any damage to personal property, injury, death, damage, accident, delay, or irregularity arising in connection with the services of any Service Provider, or the actions of any third-party involved in providing travel services to you.
11.3. No Warranties Regarding Website or Tour.
Please understand that SA Expeditions, on behalf of itself and its Service Providers, expressly disclaims any and all warranties, express or implied, regarding the Website and regarding the provision of Tours, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability and fitness for a particular purpose.
11.4. Limitation of Liability.
You knowingly and freely assume all risk when using the Website or purchasing or attending any Tour. In no event shall SA Expeditions or its Service Providers be liable to you for any claims arising from your use of the Website or your purchase of or attendance on any Tour, including without limitation for special, incidental, or consequential damages, lost profits, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
Additionally, SA Expeditions is not responsible for any damages, additional expenses, or any other losses due to cancellation, delay or other changes in air or other services, illness, weather, travel warnings or bans, any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of its control.
11.5. Application of Disclaimers.
The above disclaimers and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and SA Expeditions. However, please be aware that some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you.
12. INDEMNITY BY YOU
You agree to defend, indemnify, and hold harmless SA Expeditions and all of its officers, directors, employees, agents, Service Providers successors, and assigns (collectively, the “Indemnitee(s)”) from and against any and all Claims (as defined in Section 13 (Dispute Resolution)), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to SA Expeditions, including the choice of legal counsel and all related settlement negotiations. The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any Claim that you are required to defend any Indemnitees. You may not settle any Claim without the prior written consent of the concerned Indemnitee.
13. DISPUTE RESOLUTION
13.1. Binding Arbitration.
This Section governs all claims relating to: (i) the alleged breach of this Agreement; (ii) your access to or use of the Website; (iii) your purchase of any Tour; or (iv) the provision to you of or your attendance of any Tour (“Claims”). Claim shall be settled by arbitration administered by the American Arbitration Association (“AAA”), rather than in court. Arbitrations will be conducted in San Francisco, California, by a single arbitrator, and in accordance with the AAA’s Commercial Arbitration Rules and under California law. The prevailing party shall be entitled to an award of reasonable attorney’s fees. The award of the arbitrator shall be accompanied by a reasoned opinion. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.
13.2. Small Claims Actions.
As an Exception to Section 13.1 (Binding Arbitration), you may bring an individual claim against SA Expeditions in a small-claims court of competent jurisdiction in California under California law.
You are responsible for paying your portion of the fees set forth in the AAA’s fee schedule for any arbitration, and SA Expeditions will pay all remaining fees; however, if your Claim is for less than $1,000, SA Expeditions will pay all fees. If you believe you cannot afford the AAA’s fee, you may apply to the AAA for a fee waiver.
13.4. No Joinder of Claims.
You and SA Expeditions agree that any arbitration (or small-claims action) shall be limited to each Claim individually. Under this agreement, you give up your right to go to court to assert or defend any claims between you and the SA Expeditions (except for matters that may be taken to small-claims court). You also give up your right to participate in a class action or other class proceeding. There is no right for any Claim to be arbitrated on a class-action basis, or to employ class action procedures. There is no right for any Claim to be brought in a purported representative capacity on behalf of either the general public or any other individuals.
13.5. Judicial Remedies in Aid of Arbitration or Equitable Relief.
As exceptions to Section 13.1 (Binding Arbitration), any party may seek, in a Court of Competent Jurisdiction, provisional remedies in aid of arbitration (including orders to stay a court action, to compel arbitration, or to confirm an arbitral award), or equitable relief (including a temporary restraining order, preliminary injunction, or other interim or conservatory relief).
14.1. By SA Expeditions.
SA Expeditions may, in its sole discretion and without notice or liability, terminate this Agreement and deny use of the Website to any person for any reason or for no reason at all.
You may terminate this Agreement and your rights under it at any time, for any reason or no reason at all, by providing notice to SA Expeditions of your intention to do so, in the manner required by Section 15 (Notices).
Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the Website.
Upon termination, all rights and obligations created by this Agreement will terminate, except the following Sections will survive any termination of this Agreement: Section 2 (Agreement), Section 4 (Payments), Section 5 (Cancellation and Refund Policy), Section 6 (Airline and Other Service Providers’ Rules and Restrictions), Section 7 (International Travel), Section 11 (Disclaimers; Limitation of Liability), Section 12 (Indemnity by You), Section 13 (Dispute Resolution), Section 14 (Termination), and Section 16 (General).
You agree to provide, SA Expeditions agrees to accept, all notices and communications to SA Expeditions by email to: firstname.lastname@example.org.
SA Expeditions agrees to provide, and you agree to accept, all notices and communications to you by email sent to the email address that you have provided to SA Expeditions. You bear the responsibility of making sure that your email address on file with SA Expeditions is accurate.
Notwithstanding the foregoing, any Tour you purchase may be coordinated by a Destination Expert, who is a Service Provider for SA Expeditions. SA Expeditions encourages you to contact your Destination Expert directly with any questions or comments you have about the Tour, and which do not need to be provided to SA Expeditions directly under this Agreement.
This Agreement constitutes the entire agreement between you and SA Expeditions concerning your use of the Website. Should any part of this Agreement be declared invalid, void, or unenforceable by a court of competent jurisdiction, that decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in effect. The Agreement may only be modified by a written amendment signed by SA Expeditions. A waiver by either party of any term or condition of this Agreement, or any breach, will not waive that term or condition or any later breach. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of SA Expeditions. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. The headings in this Agreement are for convenience only and shall have no legal or contractual effect.