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.
2.2 Separate Privacy Policy
Please be aware that SA Expeditions also has a separate privacy policy, which is available at https://saexpeditions.com/privacy. You also agree to be bound by SA Expeditions’ Privacy Policy (the "Privacy Policy"), which is incorporated into this Agreement by reference.
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 14 (Dispute Resolution) for full details.
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. Note limits on credit card payments may apply.
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. Planning Fee, Deposit and Timing of Payment.
SA Expeditions will provide three complementary, custom itineraries during the trip planning process. Additional itinerary revisions will require a non-refundable pre-payment of $300, which will be applied towards the Purchase Price at the time of purchase (as long as a Deposit is made within 30 days of purchasing trip planning).
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. Exceptions may apply.
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. SA Expeditions reserves the right to increase tour prices to account for increases in costs and fluctuations in foreign exchange markets. SA Expeditions also reserves the right to make trip alterations as it seems necessary and to pass any expenditures caused by delays, unforeseen circumstances, or events beyond its control. Every effort will be made to operate tours as planned, but alterations may occur after issuing the final itinerary.
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 100% Upfront Costs, such as airfare, and any excess cancellation fees assessed by SA Expeditions’ Service Providers (the term “Service Provider” is defined in Section 12.2).
The traveler agrees that the sums referenced in the cancellation are not a penalty, but a reasonable effort on behalf of SA Expeditions to cover the additional costs associated with a cancellation. These include, among other costs but are not limited to, expenses charged by hotels and travel suppliers to SA.
|
Amount of Time Between Cancellation and First Day of Travel Associated with Tour |
Amount of Refund |
|
90 Days or More |
Deposit, Minus 10% of Purchase Price |
|
Between 60 Days and 89 Days |
Purchase Price, Minus Deposit |
|
Between 30 Days and 59 Days |
50% of Purchase Price of the Tour |
|
Less than 30 Days |
None |
Changes to the Itinerary: The travelers will be responsible for any changes or cancellations made to the itinerary at their request or beyond their control, before or during travel, including expenses incurred but not limited to costs for re-planning the trip and charged by travel suppliers to SA. Trip date changes may be approved on request, however, travel must be completed within 12 months of the purchase date. If travel cannot be fulfilled within the 12 months, please contact SA Expeditions to discuss options.
It is a condition of traveling with SA Expeditions that you have suitable travel insurance to safeguard against unexpected expenses related to trip cancelation or trip interruptions. Trip cancelation insurance is the only source of reimbursement for costs related to cancellation and disruption. If your trip is interrupted, depending on your policy, you may be able to recover costs that may arise due to unexpected travel delays and interruptions, lost luggage, medical emergencies, and more. Be aware that many insurers require you to purchase the policy within two weeks of purchasing a Tour, particularly for Cancel For Any Reason (CFAR) policies.
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.
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.
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.
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.
12.1. 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.
12.2. No Liability for Service Providers’ Conduct.
The services comprising a Tour, including but not limited to accommodations, transportation, trip design, 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.
12.3. 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.
12.4. 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.
12.5. 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.
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 14 (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.
14.1. 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”). All Claims shall be finally and exclusively resolved by binding arbitration. This arbitration agreement is reciprocal, and any election to arbitrate by one party shall be final and binding on the other(s). The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
The arbitration shall be commenced and conducted through JAMS (www.jamsadr.org) under the Streamlined Rules, as modified by this agreement to arbitrate. All remedies available to the parties under applicable federal, state or local laws shall remain available in arbitration. The parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. Unless you and SA Expeditions agree otherwise in writing, the final arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence. If you initiate arbitration against SA Expeditions, you will be required to pay an initial fee of $250, and all other arbitration costs (including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services) shall be paid as determined by the arbitrator. If SA Expeditions initiates arbitration against you, SA Expeditions shall pay all costs associated with the arbitration. If JAMS is unavailable to arbitrate a dispute or claim, you and SA Expeditions agree to arbitrate using an alternative arbitral forum. 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.
You acknowledge that without this provision, you would have the right to sue in court with a jury trial.
14.2. Small Claims Actions.
As an Exception to Section 14.1 (Binding Arbitration), you may bring an individual claim against SA Expeditions in a small-claims court of competent jurisdiction in California under California law.
14.3. 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.
14.4. Judicial Remedies in Aid of Arbitration or Equitable Relief.
As exceptions to Section 14.1 (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).
15.1. 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 16 (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.
15.2. Survival.
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 7 (Airline and Other Service Providers’ Rules and Restrictions), Section 8 (International Travel), Section 12 (Disclaimers; Limitation of Liability), Section 13 (Indemnity by You), Section 14 (Dispute Resolution), Section 15 (Termination), and Section 19 (General).
You agree to provide, SA Expeditions agrees to accept, all notices and communications to SA Expeditions by email to: travel@saexpeditions.com.
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.
SA Expeditions participates in the California Travel Consumer Restitution Fund (TCRF). SA Expeditions' trip payments are covered by the California Travel Consumer Restitution Fund (TCRF) if SA Expeditions was registered and participating in the TCRF at the time of sale and the passenger is located in California at the time of payment. Eligible passengers may file a claim with TCRF if the passenger is owed a refund of more than $50 for transportation or travel services which the seller of travel failed to forward to a proper provider or such money was not refunded to you when required. The maximum amount which may be paid by the TCRF to any one passenger is the total amount paid on behalf of the passenger to the seller of travel, not to exceed $15,000. A claim must be submitted to the TCRF within 12 months after the scheduled completion date of the travel. A claim must include sufficient documentation to prove your claim and a $35 processing fee. Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a TCRF claim. You may request a claim form by writing to: Travel Consumer Restitution Corporation; P.O. Box 6001; Larkspur, CA 94977-6001; or by visiting TCRC's website at: www.tcrcinfo.org.
California law requires certain sellers of travel to have a trust account or bond. This business has a bond issued by Philadelphia Indemnity Insurance Company in the amount of $ 10,000.
You agree to behave with basic respect and decency when engaging with humans involved in your trip planning and travel execution. As a certified B Corp, SA Expeditions safeguards and advocates these values of respect and decency on behalf of our many underserved suppliers in local destinations. SA Expeditions reserves the right to stop all communication and services, at their sole discretion, if fundamental human dignity is breached by the client, including but not limited to the use of dehumanizing language and/or purposeful manipulation of demonstrable facts regarding pricing and disclosures.
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 ensure 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.