These terms and conditions (the “Agreement”) describe what you are legally entitled to expect from us when you purchase any travel-related services through us, in addition to your obligations as a customer. The terms “we”, “us”, and “our” refer to UNIQUE TRAVELS AND GETAWAYS, LLC, D/B/A Groupit Travel, and D/B/A Sisterhood Travels. This document will collectively reference Unique Travels and Getaways, LLC as “UTG”. The term “you”, “passenger”, and/or “client” refers to the customer/passenger/client visiting our website, booking a reservation through us, or otherwise using any of our services. 

PLEASE READ THIS ENTIRE NOTICE IN FULL. THIS NOTICE CONSTITUTES AS PART OF YOUR CONTRACT FOR YOUR TRIP AND ANY RELATED SERVICES, WHICH YOU SIGN AND AGREE TO UPON COMPLETION OF YOUR ENROLLMENT FORM. PLEASE CALL US IMMEDIATELY IF YOU HAVE QUESTIONS AT 910.742.5324.

ACCEPTANCE:

Please thoroughly review these terms and conditions of Unique Travels and Getaways, LLC, D/B/A GroupIt Travel, and D/B/A Sisterhood Travels. The addressee of this notice will be the only recipient of this booking receipt and terms and conditions. It is the addressee’s sole responsibility to inform all other parties listed on the enrollment form of the contents of these terms and conditions. Accepting this receipt and making payment to UTG, the booking passenger acknowledges that they have been advised and reviewed. As a result, they accept these terms & conditions and contract travel-related services. 

The Terms and Conditions may be amended or modified by UTG at any time without notice. You must consult the Terms and Conditions listed on the website before making each booking, mainly to ensure what provisions are in operation in case they have changed since your order was placed. 

Only those who have accepted the Terms and Conditions and affirmatively indicated their consent with signature to be bound to the Terms and Conditions may make a booking/reservation with UTG. Without this acceptance, any order is subject to cancellation at any time.

The failure of UTG to act concerning the breach of these Terms and Conditions by you, or others, does not waive its right to act concerning subsequent or similar breaches. UTG does not guarantee it will take action against these Terms and Conditions.

BOOKING ACCURACY/LEGAL NAMES: 

All clients are required to immediately review all aspects of their booking reservation to verify the accuracy provided by the client and entered by UTG. This includes (but is not limited to): Passenger Name (First, Middle, and Last), Mailing Address, E-Mail Address, Telephone Number, Date of Birth, Country of Citizenship, Emergency Contact Information, COVID vaccination status, known allergies (food and otherwise), dietary restrictions, pricing, airfare, arrival/departure airports, accommodations, and organized activities on your booking invoice/receipt. Please notify UTG immediately if any omissions and/or corrections are needed regarding the booking details. Passenger(s) voluntarily assumes full & sole responsibility for any and all risks and/or costs involved with failure to report such errors and/or omissions. The Passenger(s) is required to verify the accuracy of the Passenger’s LEGAL first and last names. Any guests listed on the enrollment form must have all the correct information, and the LEGAL first and last name listed matches the name as it appears on the booking and travel documents.

TRAVEL DOCUMENTS:

Passenger(s) assume the sole responsibility to independently confirm any and all documentation requirements for all passport, visa, vaccination, or other entry and/or travel requirements for each destination. Passenger(s) assumes sole responsibility for and nearby releases UTG from any claims or responsibility for any and all damages incurred as a result of Passenger(s) failure to comply with applicable documentation requirements that all Passenger(s) procure and have on their person the proper travel documents at all times. UTG recommends that the Passenger(s) consult with the appropriate domestic and foreign governmental agencies for the current document requirements. 

PAYMENTS:

UTG accepts VISA, American Express, Discover, and Mastercard.

Reservation Deposits: Reservation deposits are defined by the monies owed to create a reservation. UTG will only hold reservations if the deposit for the reservation has been paid in full. If UTG does not receive the deposit/payment on or before the booking date (the date the enrollment form is completed), reservations are automatically canceled or not guaranteed until payment is received. Failure to remit payments promptly will atomically put your booking at risk of cancellation.

Final Payments: Final Payment Date is definite as the last remaining day to pay the outstanding balance for each reservation. This date may be found on the enrollment form, invoice, and trip page on our website. These payments must be made on the final payment date by 11:59 PM EST. If the client cannot meet the obligation to pay the outstanding balance by the Final Payment Date, please contact administration@sisterhoodtravels.com in advance of your payment due date. Failure to do so may result in a canceled reservation. If this communication is not made before the final payment date, UTG reserves the right to cancel the reservation, and any Passenger(s) on the reservation agree to waive all monies paid to UTG. Without limitation, Passenger(s) voluntarily hold UTG harmless for cancellation of any booking for either late payment or declination of a credit card (or any payment method). 

PRICING:

Pricing and availability quoted by UTG are not guaranteed until the reservation’s final payment date and the reservation is fully paid. Pricing and availability may change without notice. Passenger agrees that UTG is not responsible for any errors or omissions in any quotes, or advertisements, including our website, resulting in inventory, content, or pricing discrepancies nor is UTG responsible for any errors or omissions that may occur as the result of incorrect information from third parties. Suppliers reserve the right not to honor any published prices it determines were erroneous due to electronic, printing, or clerical errors. You acknowledge this right and agree to hold UTG harmless for any actions or damages arising from Supplier pricing. 

UTG reserves the right to charge Passenger(s) for any increase in taxes, fees, or surcharges (i.e., fuel). Passenger(s) acknowledge this right and agree to pay additional taxes, fees, and surcharges.

CANCELLATION POLICIES: 

All cancellations, no-shows, or non-payments are subject to penalties imposed by the UTG. Additionally, all booking cancellations, no-shows, or non-payments are considered cancellations and are subject to a non-refundable deposit (cost depends on trip/reservation). This fee is a per-person fee imposed by UTG. This information is provided on each booking form. The initial deposit for each trip is non-refundable. The cancellation fees charged by UTG are waived if the written request to cancel is received within a 24-hour grace period from your booking date. Additional cancellation fees may arise for pre and post-night packages.

All reservations made beyond 09/21/2021 are not transferable to any other trip or person. 

All cancellations must be made in writing and sent to UTG at administration@sisterhoodtravels.com. Cancellations sent to any other address will not be processed. Upon completing the booking, Passenger(s) hereby accept & acknowledge liability for all cancellation fees imposed by UTG and their suppliers. Cancellations are posted on the day the complete cancellation documents are received by UTG as long as they are received before 5:00 PM EST on a business day. Business days are Monday through Friday from 9 AM EST to 5 PM EST. All other cancellations will be posted on the next business day. For example, if an email is received at 6 PM on Saturday – when we are closed – it will be processed on Monday morning. Your cancellation will be provided to you via email when processed. 

ACCOMMODATIONS AND ACTIVITIES: 

“Accommodations” are lodgings in a dwelling or similar living quarters afforded to travelers, including, but not limited to: hotels, condos, quarters in cruise ships, motels, timeshares, campgrounds, and resorts. 

1. Accommodation Classifications.

• • • The number of stars attributed to the hotels and other providers of accommodations quoted by UTG corresponds to a classification established as a reference point in accordance with local stands in the host country. Please be advised that accommodations and “star” designations may vary from country to country. The comments that we make in our descriptions are based on our knowledge of the establishments and the comments we have received from customers. 
    • UTG makes no guarantee about the suitability availability of accommodations, and if the particular accommodations sought are unavailable, we will do our best to reserve comparable accommodations, if possible. You would bear any additional costs, i.e., upgrades, etc. We reserve the right, for technical reasons, in case of force majeure or actions by third parties, to replace the planned hotel with accommodation of the same category offering equivalent services. This would be in exceptional circumstances, and we will inform you as soon as we know of this necessity.

2. Taking possession of and vacating your room. 

Policies regarding taking possession of and vacating rooms vary by hotel and/or country. It is your responsibility to check with the hotel ahead of time to verify the relevant policies and times. UTG is not responsible for any charges and damages resulting from your failure to take possession or vacate your room timely.

3. Types of rooms.

Room classifications and amenities may vary by hotel and/or country, so it’s your responsibility to check with the hotel ahead of time to verify the specific amenities offered at the time of your stay. UTG makes no guarantee that its descriptions and photographs are an exact representation of the particular rooms offered.

4. Meals. These depend on the meal plan (chosen/applicable). 

1. 1. All-inclusive. This includes accommodation, breakfast, lunch, dinner, and standard drinks (mineral water, fruit juice, sodas, wines, and local alcohol). Some alcoholic beverages may not be included and will be billed separately. 
   2. Full Board. This includes accommodation, breakfast, lunch, and dinner, but no drinks.
   3. Half Board. This includes accommodation, breakfast, and either dinner or lunch, but no drinks. 

In full or half-board cases, drinks are not included unless specifically mentioned in the description. In some countries, drinking water is not always available. Any bottles of drinking water bought are, therefore, at the client’s expense. It is necessary to comply with the relevant rules, particularly concerning the opening hours of the restaurant(s) or bar(s) and the places designated for consuming meals and drinks.

YOU ACKNOWLEDGE THAT THE USE OR ENJOYMENT OF ANY ACTIVITY MAY BE HAZARDOUS AND INHERENTLY RISKY, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, UTG SHALL HOLD NO LIABILITY FOR ANY PERSONAL INJURY OR DEATH; LOST, STOLEN, DAMAGED OR DESTROYED PROPERTY; ILLNESS; OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE AND OPERATION OF THE ACTIVITY, AND ALL ACTIONS OR EVENTS OCCURRING BEFORE, DURING, AT OR AFTER, THE ACTIVITY. 

5. Infants. 

We ask parents traveling with infants to bring the appropriate food for their child, as they may not be able to find it at their destination. You may be asked to pay a charge, for example, for providing a cot and/or heating baby food and drinks. You should request this when making your reservation, though we cannot confirm the availability of such services. 

6. Pregnant Women.

UTG advises pregnant women to consult with their doctor(s) before making any reservation to confirm that it is appropriate for them to participate in the tour. You agree that UTG will not be held liable for any damages arising from the inability to participate in any or all of the tour due to pregnancy or related illness. No compensation will be payable under such circumstances.

7. Travelers with special needs or disabilities. 

If you have special needs or a disability, you must notify UTG of said needs, and we will contact the suppliers ahead of time and verify that your required special needs can be met. UTG makes no guarantee as to the ability of any accommodations, activity, provider, or facilities advertised on its site to meet the particular needs of disabled clients. UTG has no special knowledge regarding the suitability of disabled person(s) for any portion of any tour or activity offered. For information concerning the suitability of disabled persons for any leg of any tour or other reservation, please contact administration@sisterhoodtravels.com immediately.

AIRFARE TERMS AND CONDITIONS: 

1. General Conditions Governing Air Transport.

Airline tickets are highly restrictive, non-refundable, and non-transferable. Modification of Passenger names, dates, times, routings, or departure/arrival airports is at the airline’s sole discretion and, if permitted, will likely be subject to a substantial change fee. Passenger(s) is responsible for any such fees.

UTG’s responsibilities regarding air travel are limited by the relevant airline’s terms and conditions of carriage. The airline fulfilling your contract for carriage may change from the airline mentioned by UTG. UTG cannot specify the type of aircraft to reuse by any airline. If an airline cancels or delays a flight, you must work directly with the airline to ensure you arrive at your destination on or ahead of time. UTG will not provide any refund for trips missed, in part or whole. UTG is not responsible for working with the airline regarding any cancellations or delays, regardless of whether UTG provided Airline Ticketing services.

2. Seat Assignments.

Seat assignments are subject to the airline’s policies and may only be able to be made once you are at the airport on the day of departure. Airline tickets booked through UTG may not be eligible to earn frequent flyer miles. You agree to confirm all bookings with the airline before the state date of departure (UTG recommends securing 72 hours before departure). 

3. Layovers. 

Direct flights may be “non-stop” or involve one or more stop-overs (in the latter case, this means the same flight by the airline because the flight number remains the same). The same applies to connecting flights that may be subject to crew changes. When you reserve a scheduled or charter flight involving a stop-over in a town, and the second flight takes off from a different airport to the airport of arrival, ensure that you have sufficient time to reach the second airport. The journey to the other airport is at your own expense. UTG will not reimburse you for these costs, nor will it be liable if you miss the next flight.

4. Prohibited Practices.

You agree that you will not deviate from your booking by making unscheduled stopovers. Tickets may not be purchased and used at fare(s) from an initial departure point on the ticket, which is before your actual end of origin of travel, or to a more distant point(s) than your actual destination being traveled even when the purchase and use of such ticket will produce a lower fare. This practice is known as “Hidden City Ticketing” or “Point Beyond Ticketing” and is prohibited. The purchase of round-trip tickets for the purpose of one-way travel only, known as “Throwaway Ticketing” is prohibited. Using two or more different tickets issued at round-trip fares to circumvent applicable rules (such as advance purchase/minimum stay requirements), commonly referred to as “Back-to-Back Ticketing” is prohibited. 

Where a ticket is purchased and used in violation of these rules, UTG and the applicable air carrier have the right in their sole discretion to take all actions permitted by law, including but not limited to the following: 

1. Invalidate the ticket(s).
2. Cancel any remaining portion of your itinerary.
3. Confiscate any unused Flight Coupons.
4. Refuse to board you and carry your baggage.
5. Assess you for the actual value of the Ticket, which shall be the difference between the lowest fare applicable to your itinerary and the fare paid.
6. Delete miles in your frequent flyer account and/or terminate your participation.
7. Take legal action against you.

5. Luggage.

Each airline has its policy regarding luggage. We recommend that you check with your airline ahead of time for any weight restrictions and additional charges relating to checked baggage. You will be responsible for paying the airline any additional charges for checked or overweight baggage, including, but not limited to, golf bags and oversized luggage. If you exceed the weight limit set by your airline, and excess weight is permitted, you must pay a supplement directly to the airline at the airport.

The airline is liable to you for the baggage you entrust to it only for the compensation contemplated in the international conventions and relevant statutes. In the event of damage, late forwarding, theft, or loss of luggage, you should contact your airline and declare the damage, absence, or loss of your personal effects BEFORE leaving the airport, and then submit a declaration, attaching the originals of the following documents: the travel ticket, the baggage check-in slip, and the declaration. UTG strongly recommends that you obtain an insurance policy covering the value of your items.

6. Limitation of Liability for Air Transport.

IN ADDITION TO THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, YOU AGREE THAT UTG IS NOT LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY AIRLINE TIMETABLE CHANGES, DELAYS, CANCELLATIONS, MISSED CONNECTIONS, MECHANICAL PROBLEMS, INCLEMENT WEATHER, SEATING REARRANGEMENTS, LOST/DELAYED BAGGAGE, SCREENING AND SECURITY DELAYS, REFUSED BOARDING OR FAILURE TO CHECK-IN PROPERLY.

7. Airline Ticketing Fee Payments and Cancellations.

A client may decide to utilize UTG to book their airfare. A fee is imposed for this service. This fee is non-refundable and not transferable to any other trip or person, regardless of circumstance. This fee will be reflected on your invoice, and if able, UTG will provide you with three quotes at no additional cost. This may change anytime, and more information can be found at: https://sisterhoodtravels.com/booking-airfare/.

About the purchase of air tickets, UTG simply acts as an intermediary between you and the airline. Once you confirm a quote sent to you, we will book your reservation. Your credit card will be charged for the amount shown – regardless of whether or not the reservation is used. Credit will not be given for unused airline tickets and cannot be used for future bookings.

TRAVEL PROTECTION: 

TRAVEL INSURANCE IS STRONGLY RECOMMENDED.

As your travel agency, we have a professional responsibility to recommend the purchase of travel protection to protect you, your belongings, and your vacation. While we offer coverage through certain carriers, we cannot compare all the policies or companies currently in the marketplace. This responsibility rests solely with you, the customer, and we advise you to research and find coverage that best fits your individual needs. UTG is limited to notifying you of the need for such coverage.

Declining travel protection means acknowledging and accepting liability for cancellation penalties, damages, and/or out-of-pocket expenses incurred. You also acknowledge and take responsibility for arranging and paying for any treatment in case of a medical emergency while traveling. Please note that if you decline this kind of coverage, you have waived your right to this essential coverage, and your enrollment form will note “declined” next to the travel protection section. 

We urge you to read your policy when it arrives as it contains essential information. This information includes, but is not limited to, details on the extent of coverage and procedures for making a claim.

All requests for service under the policy must be filled out directly with the travel insurance provider under the policy terms and conditions, which you, the Passenger(s), are responsible for reviewing upon receipt of your travel protection policy. UTG cannot advise concerning possible cancellations and any associated claims processing. All queries regarding cancellations, penalties, and coverage should be directed to your particular travel insurance provider. Please note that the travel insurance provider may not be allowed to discuss your claim with UTG due to privacy laws (i.e., HIPAA). Accordingly, you acknowledge that UTG cannot be involved in any aspect of your claim/request for service. Passenger(s) acknowledge and agree that UTG has no control over the travel insurance provider or its coverage decisions. As a result, UTG is not responsible for and shall not be liable for policy coverage claims processing or the denial of any claims.

ADDITIONAL ILLNESS POLICY:

Failure to comply with any of the below procedures will result in the removal from the tour. There are no refunds for unused portions of the tour. UTG cannot abandon a tour or schedule due to the illness of a Passenger(s). This policy is applicable to any and all transmissible diseases, such as COVID-19. 

1. If you are showing symptoms of COVID (coughing, sneezing, runny nose, sore throat, etc.) and you have a fever, you must leave the tour and our group transportation immediately. 
2. You will be instructed to visit the nearest facility (urgent care, physician, pharmacy) to obtain a medically-supervised COVID, Flu, and RSV test. Once you have your results, you must notify your Group Leader as quickly as possible. The responsibility for finding such a facility lies with you, although the front desk at the hotel can generally assist you with this.
   1. If you receive a negative test, you are welcome to rejoin the group once you have been fever free for 24 hours. We request that you wear a mask until you are symptom-free. You may need to make your own accommodations to rejoin the tour at your own cost.
   2. If you receive a positive test, you may not rejoin the tour until you have been medically cleared to do so by a physician. We must have this in writing from the physician, and it must say you can rejoin the GROUP TOUR.

3. You must call the 24-hour number for your travel insurance to open a claim to assist you in planning for extended hotel stays, medical treatment, transportation, flight changes, etc. If you do not have travel insurance, you are required to manage all of this directly, including all associated costs.
4. If you are required to stay in the location where you became ill, it is your responsibility to make your way to meet the group when you are medically allowed to rejoin the group, regardless of what city the tour is now in.
5. If you are sharing a room, as the person who is ill, you will be required to leave your shared accommodations and find another room at your own expense. While we can ask the front desk staff if there is space available, we cannot help you find other accommodations in other hotels. This is a same-day change that you MUST make to protect your roommate as much as possible. 
6. Your Group Leaders are NOT medical professionals and, by law, cannot assist you. Further, we cannot risk the health and safety of our Group Leaders by putting them in situations that would exacerbate contagious conditions.

AGENT/INTERMEDIARY:

UTG is simply an intermediary between the Suppliers and the public. UTG does not own or operate any of the hotels, shore excursions, tours, transportation providers, cruise lines, vessels, airlines, travel protection companies, attractions, or other travel-related suppliers who provide goods or services for the Passenger(s) trip. Passenger(s) acknowledge and agree that UTG shall not be responsible for any loss, damage, delay, inconvenience, or injury to Passenger(s) or group members as a result of a breach of contract, act, or omission, whether willful or negligent, criminal or otherwise of any person other than UTG or its direct employees, including but not limited to these suppliers, their employees, agents, servants, tour guides, or representatives. 

Suppliers reserve the right to deviate from the direct, customary, and/or scheduled route or itinerary for any reason without limitation and notice. Passenger(s) acknowledge and agree that UTG is not responsible for supplier deviations, delays, cancellations, mandated overnight stays, missed connections, or any other condition beyond its control. UTG is not liable for any loss due to Passenger(s) gambling and is not responsible for any purchases made while on the trip. 

UTG recommends that all Passenger(s) be in good physical and mental health condition and have medical approval to travel. Any physical disabilities must be reported directly to UTG at the time of reservation. UTG recommends that all Passenger(s) be in good physical and mental health condition and have medical approval to travel. Passenger(s) must provide personal or individually prescribed devices such as wheelchairs or walkers OR agree to rent similar equipment at the destination (if available). If more than minor assistance is needed, suppliers may require that the Passenger(s) be accompanied by a travel companion who is capable of and responsible for providing such assistance. Suppliers often reserve the right to reject Passenger(s) whose mental and physical condition may interfere with the itinerary. Passenger(s) acknowledge and agree that UTG shall be held harmless for any and all claims relating to any supplier rejection relating to mental or physical condition.

While UTG prides itself on selecting only top-quality suppliers, no undertaking, guarantee, or warranty is given or shall be implied as to the fitness or condition of the supplier’s accommodations, transportation, or any food, drink, medicine, or provisions supplied. Passenger(s) acknowledge and agree that UTG shall not be responsible for fully or partially refunding any amounts paid due to unsatisfactory services from any supplier. In no event shall UTG be liable for any accident that occurs in hotels, resorts, on/in airplanes/airports, on/in buses/bus stations, on/in trains/train stations, onboard a cruise ship, on tenders, on shore excursions, or during any mode of transportation encountered during the trip, resulting from equipment or any other cause. The Passenger(s) admit(s) a complete understanding of the nature and character of the mode of transport and assumes all risks of travel, transportation, and handling of Passenger(s) and baggage.

LIMITATION OF LIABILITY: 

Without limitation, Passenger(s) assume the risk of and agree that UTG is not liable for any damages arising from or related to any act of God or public enemies, arrest, restraints, or any government or rulers of people, piracy, war, revolution, extortion, terrorist activity, threatened or actual rebellion, political upheaval, civil unrest, riots, fire, lookouts, explosion, collision, weather conditions, lockdown, dangers incident to the sea, mechanical or construction failures or difficulties, diseases, local laws, abnormal conditions or developments, closure of airports/seaports/hotels/train stations, carrier or supplier logistical problems, computer problems, stranding, food or water poisoning, illness, grounding, perils of the sea, rivers, canals, locks or other waters, hazards of navigation of any kind, theft, accident to or from machinery or boilers, or latent defects even through existing commencement of the trip, desertion or revolt of the crew, or lost/damaged/delayed luggage.

UTG assumes no responsibility for and shall not be liable for any refund, personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity, which may be caused by: 1) any defaults, wrongful or negligent acts, or omissions of the suppliers, 2) any defect in or failure of any vehicle, craft, equipment, or instrumentality owned, operated or otherwise used or provided by the suppliers, 3) any wrongful or negligent acts or omissions on the part of any other party not under UTG’s control. You hereby release UTG from all claims arising from any problem this paragraph covers. 

Travel arrangements involving airline and cruise components are subject to supplemental pricing increases that may be imposed by the Supplier and/or government after you have completed your purchase. You hereby consent to any such price increases and authorize that you will make immediate payment on any such charges or risk cancellation of your reservation. Suppliers have their own contracts covering cancellation penalties and other terms and conditions, and you may be bound to those contracts regardless of whether you receive notice of their terms. By signing below, you are consenting to those terms and conditions. 

UTG has no special knowledge regarding the financial condition of the Suppliers, unsafe conditions, health hazards, weather hazards, or climate extremes at locations to which you may travel. For more information concerning possible dangers at destinations, UTG recommends contacting the Travel Warnings section of the U.S. State Department at (202) 647-5225 or www.travel.state.gov. For medical information, UTG recommends contacting the Centers for Disease Control (CDC) at (877) FYI-TRIP or www.cdc.gov/travel. You assume complete responsibility for checking and verifying any passport, visa, vaccination, or other entry requirements of your destination(s). Your nearby release UTG from all claims arising from any problem covered in this paragraph. You agree that courts in New Hanover County, North Carolina, will be the exclusive jurisdiction for all claims brought by you or any other Passenger(s), and you, as a result, submit to the personal jurisdiction of these courts. 

RELEASE OF LIABILITY: 

Unique Travels and Getaways, LLC (D/B/A GroupIt Travel and/or D/B/A Sisterhood Travels) and it’s owners, directors, officers, employees, and affiliates, do/do not own or operate any entity which is to or do provide goods/services for your trip including, for example, ownership or control over hotels or other lodging facilities, airlines, vessels, busses, vans or other transportation companies, local ground operators, providers or organizers of optional or included excursions or equipment used thereon, food service or entertainment providers, etc. All such persons and entities are independent contractors. As a result, UTG is not liable for any negligent or willful act or failure to act of any such person, entity, or any other third party. Without limitation, UTG is not responsible for any injury, loss, damage to person or property, death, delay, or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God, actions of government, Force Majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, or the threat thereof, overbooking or downgrading of accommodations, structural or other defective conditions in hotels or other lodging facilities, mechanical or other failures of airplanes or other means of transportation or for any failure or loss of any transportation mechanism to arrive or depart timely or safely, the danger associated with or bites from animals, pests or insects, marine life or vegetation of any sorts, dangers incident due to recreational activities such as scuba diving, zip lining, snorkeling, paddle boarding, surfing, swimming, kayaking, sailing, canoeing, horseback riding, rafting, whitewater rafting, hiking, cycling, canyoning/canyoneering, fishing, snowshoeing, cruising, camping, helicopter tours, 4×4 Jeep ATV tours, snowmobiling activities, hot air ballooning, jet boating, mule riding, dogsledding, cross-country skiing, rock climbing, sanitation problems, food poisoning, lack of access to or quality of medical care, difficulty in evacuation in case of a medical or other emergency, illness, the adequacy of medical attention if and when provided; epidemics or the threat thereof including, but not limited to, exposure to COVID-19 by any means of transmission, epidemics or the danger thereof or for any other cause beyond direct control of UTG. In addition, I release UTG from its negligence and assume all risk thereof. 

ASSUMPTION OF RISK:

I know that adventure travel such as the one I am undertaking involves hazardous activities, some in remote areas, with a risk of illness, injury, or death. Forces of nature may cause this, animals, insects, or flora, the negligence of UTG, other persons, companies known or unknown, or third parties willful or criminal conduct. I know weather conditions may be severe, adverse, and/or unpleasant. I am also aware that medical services or facilities may not be readily available, accessible, or consistent with standards in the United States during some or all of the time during which I am participating on the trip and that, when available, may not be of the quality that exists in the United States. To partake of the enjoyment and excitement of this adventure travel trip, I am willing to accept the risks and uncertainty involved as being an integral part of my adventure. I hereby accept and assume full responsibility for any and all risks of illness, injury, or death and of the negligence of UTG and agree to hold harmless and release UTG from third-party negligence claims. 

SEVERABILITY: 

Suppose any provision of this agreement shall be unlawful, void, or unenforceable for any reason. That provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. 

HEADINGS:

The Headings of this document are for reference purposes only and do not limit the scope or extent of such section. 

MANDATORY ARBITRATION/FORUM/CHOICE OF LAW:

Both UTG and the Passenger(s) or other Parties (all known as “Parties”) hereby agree that any and all disputes arising out of or relating to this Agreement shall be submitted to final, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and shall be governed by the laws of the State of North Carolina. The parties agree that the arbitration shall take place in New Hanover County, North Carolina, and will be conducted by a single mutually agreed upon arbitrator. The arbitrator shall permit both sides to conduct reasonable discovery at their sole discretion and render a written award. Payment of the cost of arbitration, including the arbitrator’s fees and room rental, shall be split equally between the Parties. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The Parties acknowledge and agree that this arbitration is their sole recourse and that they may not file a lawsuit against UTG. If Passenger(s) fails to submit their claim to arbitration and instead files suit, UTG shall be entitled to recover its attorney’s fees and other costs incurred in enforcing the terms of this Agreement, including costs incurred seeking referral arbitration. Passenger(s) and UTG agree that neither party shall be entitled to join or consolidate claims or arbitration of any claims as a representative or class action.