KIN TRAVEL, LLC TERMS & CONDITIONS and ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT
By submitting this payment, you agree to the below terms and conditions and Kin Travel, LLC Liability Waiver:
All Travelers must be 18 years of age or older to travel with Kin Travel Travel unless they are accompanied by an adult.
I. INSURANCE REQUIREMENTS
It is mandatory that all of Kin Travel’s travelers provide proof of current and adequate travel insurance before the trip begins. Travel insurance must cover personal injury, medical treatment, repatriation, and evacuation expenses, including helicopter rescue and air ambulance internationally as well as trip cancellation coverage. It is recommended that travel insurance also address personal property coverage. Trip cancellation insurance may be the only means of receiving reimbursement for flights and other non-refundable expenses should an Kin Travel trip be cancelled for any reason, whether voluntarily by you or as a result of Kin Travel’s actions. You are responsible for understanding the specifics of your travel insurance policy, ensuring that your policy covers all optional and included activities listed in the trip itinerary, and ensuring that there are no exclusion clauses (e.g., air delays due to mechanical issues) that would limit the coverage that you might reasonably need. If you have current health insurance coverage, check your insurance policy to see if it provides the coverage described above while traveling outside your country. It is your responsibility to verify your insurance policy details with your insurance provider to ensure Kin Travel’s requirements are satisfied.
II. DEPOSITS, PAYMENTS, REFUNDS AND CANCELLATIONS
Bookings may be made through our online booking system. The deposit and payment schedule for our various trips appears as stated. Note that a booking is not accepted and there is no contract between us until we confirm your booking in writing.
1. There is the option to pay for our trips in two halves, 50% of the cost of the trip at booking and 50% 70 days before departure. You will be notified 80 days prior to departure that the balance of payment will be due in 10 days. If the balance of payment due is not made by you to Kin Travel, LLC 70 days prior to the departure date of your scheduled trip, your booking will be canceled resulting in the loss to you of all monies collected.
a. If your booking is made within 70 days or less than your trip departure date, the entire trip cost must be paid at the time of confirmation.
2. Cancellations made by Kin Travel: If Kin Travel is forced to significantly alter or cancel your trip, we will let you know as soon as possible. In these circumstances, you can choose one of the following options:
a. Accept Kin Travel’s offer of a comparable replacement trip (offered at Kin Travel’s sole discretion and subject to availability), or
b. Receive a refund of all monies paid.
When accepting an offer for a replacement trip, if the cost is lower than the price of your original trip, you will receive a refund for the difference in cost. If the cost of the replacement trip is equivalent or higher than your original trip, you will not be charged for any difference in cost.
3. Cancellations made by you: If you decide to cancel your trip, the following fees apply and are due to Kin Travel at the time (prior to departure) we receive written notice of your cancellation.
*120 or more days: 20% of trip cost (80% refund)
*81 - 119 days: 50% of trip cost (50% refund)
*0 - 80 days: 100% of trip cost (no refunds)
For this reason, we strongly recommend you have comprehensive travel insurance that includes cancellation coverage, so you are protected financially in case anything comes up that prevents you from joining your trip.
III. PHOTO RELEASE
Travelers who wish to not be photographed must inform Kin Travel in advance. Photographs may be used for Kin Travel website and for other marketing purposes. Kin Travel is not responsible for internet circulation of images via outside outlets.
IV. ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT
Description of Program: Kin Travel Kin Travel, LLC (“Company”) has organized a private trip for a small group to the Program location and has used its professional judgement in selecting guides, hotels, restaurants, sightseeing destination, various different cultural and other activities, and other components of the Program (hereinafter the “Program”)
I hereby acknowledge, and agree as follows:
Assumption of Risk: I am aware of and acknowledge that there are risks of injury, illness, death and property damage inherent to participating, to traveling, and specifically to traveling to the Program destination(s). I am also aware that all such risks may result from, among other causes, the active or passive negligence of Company and its employees, owners, operators, officers, independent contractors, representatives, agents and successors and Licensor and its employees (hereinafter collectively referred to as the “Releasees”). I am voluntary allowing myself to engage in all of the activities that are planned or that may be offered on this Program with knowledge that the risk of injury, illness, death or property damage, and other associated risks, and assume any and all known and unknown risks of injury, illness, death, and property damage that may result from my participation in the Program and all of its activities. I further assume all risks associated with my participation in the Program including, without limitation, the risks of negligence or recklessness or failure to act, by me or by other participants or other individuals or parties, and the risk of injury caused by the condition of any property, facility or transportation used during the Program.
I understand and acknowledge that the above list is not complete or exhaustive and that other risks, known or unknown, anticipated or unanticipated ay also exist and result in injury, illness, disease, death or damage. I expressly agree to be responsible for my own welfare and fully assume all of the above risks, as well as other risks set forth in this agreement, both known and unknown, voluntarily and knowingly, to the fullest extent permitted by law.
Release of Liability: To the fullest extent permitted by law, I, voluntarily and without reservation, and realizing the full legal significance of my action, hereby EXPRESSLY WAIVE, RENOUNCE, AND RELEASE, on behalf of myself, my spouse or domestic partner whichever the case may be, me heirs, my representative, my successors and assigns, and my estate, all claims, demands, rights, or causes of action of whatever or whatever nature against the Releasees, including by not limited to claims of any injury, illness, loss, damage, accident, delay, irregularity or expense caused by strikes, war or acts of terrorism, weather, sickness, quarantine, government restrictions, or arising from any act or omission of an airline, bus company, hotel, tour operator or supplier of travel services in connection with the above-referenced the Program. Further, I accept personal responsibility for any injury (including personal injury, disability, death), illness, damage, loss, claim, liability or expense, of any kind or nature that I or my property may suffer and I agree to release the Releasees from any and all liability arising from such risks.
I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, all members of my family, my heirs, as well as my next of kin, successors, assigns, and legal and personal representatives. It is my intention to fully assume risk associated with the Program to release the Releasors from any and all liability to the maximum extent permitted by law.
Indemnification and Hold Harmless: I expressly understand that Releasees are providing no, or only limited, chaperones or supervision with respect to this the Program and that I am responsible for my individual conduct, health and safety at all times. I agree to defend, indemnify and hold harmless the Releasees for all demands, costs, losses, expenses, claims, recoveries, judgements and liabilities (including attorneys’ fees) of any nature arising out of, or in consequence of, my acts, words, conduct, etc. in any way connected with my participation on the Program including, but not limited to, damage to property, ant injuries or death sustained by any person(s), including myself.
Choice of Law, Binding Agreement, Enforceability: I agree that this agreement shall be governed by the laws of the State of Delaware, that any lawsuit related to the terms of this agreement must be filed in Delaware, and that I shall submit to said jurisdiction and waive any objection to venue. I agree that this agreement is a legally binding agreement and it is my intent that it be constructed broadly to provide a release and waiver to the maximum extent permissible under the agreement shall remain in full force and effect and in no way be impaired.
Knowing and Voluntary Execution: I acknowledge that I have read this agreement, I understand that this agreement includes an assumption of risk of the Releasees’ negligence and ability. I acknowledge that the Releasees are materially relying on this waiver and is allowing my participation in the Program due to its existance.
I have read and understand all of the above conditions and, having signed up for this program, I agree to be bound by them.