This transaction is not covered by the California Travel Consumer Restitution Fund.
Upon cancellation of the transportation or travel services, where the passenger is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the passenger, all sums paid to the seller of travel for services not provided will be promptly paid to the passenger, unless the passenger advises the seller of travel in writing, after cancellation. This provision does not apply where the seller of travel has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, the seller of travel must provide the passenger with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler. California law requires certain sellers of travel to have a trust account or bond. This business has a trust account.
Final itinerary details will be sent once all spots on the itinerary have been filled, or at the latest 30 days before the trip start date.
CST No. 2142228
WANDERROCK, LLC. (HEREIN acknowledged as "The Program" or "WanderRock LLC") is a provider of Services; NOW THEREFORE, for and in consideration of the premises contained herein and good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows (HEREIN acknowledged as "Our Contract", “WANDERROCK Contract Agreement” and “Contract Agreement”):
By booking a trip with us you are deemed to have agreed to be governed by this Contract and these Conditions (including The Contract, all Waivers and Code of Conduct, and your booking will be accepted by us on this basis. The services to be provided are those referred to on the relevant itinerary web page located on the website https://www.wanderrock.com (HEREIN acknowledged as "The Itinerary", "Your itinerary" and "Itinerary").
The Program offers an experiential adventure education opportunity for young adults and neurodiverse young adults included but not limited to experiences in the United States and abroad during set periods of time. The Program is designed to build efﬁcacy and social skills for young adults.
You are required to pay a non-refundable deposit of 60% of the total for your trip for your booking to be confirmed. If your booking is made within 60 days of the departure date then the full amount is due at the time of booking.
If we accept your booking we will issue a confirmation invoice via email. A contract will exist between us from the date we issue the Electronic Booking Confirmation or if you book within 60 days of departure the contract will exist when we accept your payment. Please refer to your Electronic Booking Confirmation invoice for details regarding final payments. Payment of the full amount or remaining balance of the trip price is due 60 days before the departure date. If this balance is not paid on or before the due date we reserve the right to treat your booking as cancelled.
Our trip prices are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means our trip prices may vary at any time in accordance with demand, market conditions and availability. It is likely that different passengers on the same trip have been charged different prices. Your best option if you like the price you see is to book at that time.
In order for us to confirm your trip you must accurately provide all requested contact information and details for the booking you have selected. Necessary details vary by trip; they include but are not limited to full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. Failure to accurately provide requested details may result in additional charges or non-refundable cancellation of your trip.
If you cancel some or all portions of your booking cancellation fees will apply. A cancellation will only be effective when we receive written confirmation of the cancellation. If you cancel a trip:
Up to 61 days prior to departure, there will be 50% refunds.
60 days or less prior to departure, then we will retain 100% of trip cost as paid by you in connection with the booking, however you are entitled to a credit toward a future trip, less any unrecoverable costs incurred by WanderRock LLC.
If you leave a trip for any reason after it has commenced we are not obliged to make any refunds for unused services. If you fail to join a trip, join it after departure, or leave it prior to its completion, no refund will be made. The above cancellation fees are in addition to fees which may be levied by accommodation providers, travel agents or third party tour and transport operator fees.
We may cancel a trip at any time up to 60 days before departure. We may cancel a trip at any time prior to departure if, due to terrorism, natural disasters, political instability or other external events it is not viable for us to operate the planned itinerary. If we cancel your trip, you can transfer amounts paid to an alternate departure date or receive a full refund. In circumstances where the cancellation is due to external events outside our reasonable control refunds will be less any unrecoverable costs. We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.
The price of your trip includes:
· All accommodation as listed in your itinerary.
· All transport listed in your itinerary.
· Sightseeing, activities and meals as listed in your itinerary.
· The services of WanderRock Guides as described in your itinerary.
The price of your trip does not include:
· International or internal flights unless specified in your itinerary.
· Airport transfers, taxes and excess baggage charges unless specified in your itinerary.
· Meals other than those specified in your itinerary.
· Visa and passport fees
· Travel insurance unless specified
· Optional activities and all personal expenses
The minimum age is 18 at the time of travel unless agreed upon in writing by WanderRock LLC.
It is your responsibility to ensure that you obtain proper and detailed medical advice regarding the latest health requirements and recommendations for your destination.
You must carry a valid passport and have obtained all of the appropriate visas, permits, vaccines and certificates for the countries which you will visit during your trip. Your passport must be valid for 6 months beyond the duration of the trip. It is your responsibility to ensure that you are in possession of the correct visas, permits, vaccines and certificates for your trip. We are not responsible if you are refused entry to a country because you lack the correct passport, visa or other travel documentation.
You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is the ideal itinerary, but it is understood that ideal routes, schedules, itineraries, amenities, services, events, activities, accommodations and modes of transport may be subject to alteration without prior notice due to local circumstances or events.
Our group trips are run by a group of professional Guides. Guides work collaboratively to reach decisions. There will be one Guide acting as Lead Guide. The decision of the Lead Guide is final on all matters likely to affect the safety or well-being of any Traveler or Guide participating in the trip. If you fail to comply with a decision made by a Lead Guide, or interfere with the well-being or mobility of the group, the Lead Guide may direct you to leave the trip immediately, with no right of refund. We may also elect not to bring you on any future trips booked. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited, and you also agree to travel in accordance with the expectations mentioned in your itinerary.
You acknowledge that the nature of the trip is adventurous and participation involves a degree of personal risk. You may be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives. We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However, it is also your own responsibility to acquaint yourself with all relevant travel information and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel.
We contract with a network of companies, organizations, government agencies and individuals to assist in the running of our trips as agent for these third parties. We are not responsible for the acts and omissions of these third parties.
To the fullest extent permitted by law:
- any liability for any loss, death, injury or damage which you may suffer (directly or indirectly) in connection with or arising out of your participation in a trip, or any breach of the Booking Conditions, is excluded;
- you release us and our officers, employees, agents and representatives from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in a trip; and
- any condition or warranty which would otherwise be implied by law into these Booking Conditions (Implied Warranty), is excluded.
To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion): (i) the provision of a similar trip to an equivalent value; or (ii) a refund of the total amount received by us from you in connection with your booking.
Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive or exemplary damages.
Optional activities not included in the trip price do not form part of your itinerary or this contract. You accept that any assistance given by Guides, Lead Guide or local representative in arranging optional activities does not render us liable for them in any way. The contract for the conditions, provisions and arrangements of that activity will be between you and activity provider.
If you have a complaint about your trip, then please inform your Lead Guide at that time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means, then any further complaint should be put in writing to us within 30 days of the end of the tour.
In the event that any term or condition contained in this contract is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
You consent to us using images and video of you taken during the trip for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable license to use such images for publicity and promotional purposes.
WANDERROCK, LLC. is a registered seller of travel in California (CST 2142228). Registration as a seller of travel does not constitute approval by the state of California.
The laws of the state of California, United States govern this contract and these Conditions to the fullest extent allowable. Any disputes in connection with a trip or this contract and these Conditions must be initiated in the courts of Alameda County, State of California, United States.
2443 Fillmore St 380 2362, San Francisco, CA, 94115
You verify that you have read this contract in full and understand that the Code of Conduct governs your behavior and the right of The Program to remove you from this trip without a refund if you violate the terms of this contract by, but not limited to, bullying, drug use, excessive consumption of alcohol and other items as mentioned in full in your trip itinerary.
You also verify that you have read, understand and will adhere to the "Itinerary" as described by WANDERROCK, LLC.
I, the Traveler, consent to this Arbitration Agreement and confirm it by accepting the "Booking Terms and Agreement" and recognize that disputes may rise between WanderRock (the "Company") during or following the program. I understand and agree that by entering into this mutual arbitration agreement I anticipate getting the benefits of a speedy less formal, final and binding dispute resolution procedure.
For purposes of this Agreement the term "Company" shall include all affiliates subsidiaries and organizations related to the Company and their owners, shareholders, officers, directors, employees, members, and agents. The Company and Traveler agree to arbitrate before neutral arbitrator, and all disputes or claims which would otherwise be subject to resolution in court arising from or relating to the Traveler's program or recruitment with the Company or the termination of that program or recruitment whether voluntary or involuntary including claims against any current or former agent or Guide of the company whether the disputes or claims arising tort, contract, or pursuant to a statute, regulation, or ordinance now in existence or which may in the future be enacted or recognized including but not limited to the following:
1. Claims that either party for fraud, promissory, estoppel, embezzlement, fraudulent inducement of contract, or breach of contract or contractual obligation whether such a large contract or obligation be oral written or expressed or implied by fact or law including breach of a covenant of good faith and fair dealing;
2. Claims by either party for defamation, negligence, or any other tort or tort-like causes of action relating to or arising from the relationship or formation or termination thereof including but not limited to infliction of emotional distress, misrepresentation, interference with contract or prospective economic advantage, defamation, or unfair business practices;
3. Claims by the Traveler;
4. Claims by the Traveler for unfair practices; failure to grant or interference with statutory rights; failure to engage in the interactive process; failure to accommodate; discrimination; harassment; or retaliation under any and all federal state or municipal statutes, regulations, or ordinances that grant certain statutory rights and protections to the employees, and/or prohibit discrimination, harassment, or retaliation to the fullest extent permitted by law including but not limited to claims arising under Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act of 1967 (“ADEA”), 42 U.S.C. Section 1981, the Older Workers Benefit Protection Act (OWBPA) the Family Medical Leave Act (FM LA) the Americans with Disabilities Act as amended and the California Family Rights Act (CFRA), and any other similar federal state or local law;
5. Claims by the Traveler for wrongful program termination, violation of public policy, and/or constructive discharge.
Traveler hereby understands and agrees that Traveler waives right to bring on behalf of persons other than himself or herself or to otherwise participate with other persons in any class action. Traveler understands, however, that to the maximum extent permitted by law, he or she retains the right to bring claims in arbitration for himself or herself as an individual and any and all claims shall exclusively be handled on an individual basis in a binding arbitration as set forth in this agreement.
The parties understand and agree that the following claims are not covered by this Agreement and shall therefore be resolved in any appropriate form including courts of law as required by laws then in affect: (1) disputes or claims that are expressly excluded by federal or state law for being resolved by mandatory arbitration and (2) disputes that are expressly required to be arbitrated under a different procedure.
The parties understand and agree that nothing in this Agreement shall prevent either party from seeking from a court the remedy of an injunction for a claimed misappropriation of trade secrets, patent rights, copyright, trademark, or any other intellectual, confidential property. Nothing in this Agreement should be interpreted as restricting for having employee from filing a charge or complaint with federal, state, or local administrative agency charged with investigating and/or prosecuting complaints under the applicable federal, state, or municipal law regulation such as the National Labor Relations Board, the US Equal Employment Opportunity Commission, or state equipment agencies in order to exhaust his/her administrative remedies, or from participating in any investigation, or proceed in conduct and buy any such agency. However, any dispute or claim that is not resolved through the federal, state, or local Agency must be submitted to arbitration in accordance with this Agreement.
Either party to this Agreement may, if necessary, seek judicial relief in order to enforce this Agreement, and or seek dismissal for the failure to honor this Agreement. Should either party pursue any dispute covered by this Agreement by any methods other than by arbitration, the other party shall be entitled to recover from the noncomplying party all damages, costs, expenses, and attorneys fees incurred as a result of such action unless recovery of such is prohibited by federal, state, or local law.
The parties understand that a party seeking to initiate (or demand) arbitration must submit a notarized "Demand for Arbitration" in writing to the other party within the same statutes of limitations period that would have applied if the matter has been brought in a court of law. If the "Demand for Arbitration" is not submitted to the other party in accordance with the aforementioned time limitation, initiating party waves the right, and will be unable, to raise the claim in arbitration or any other forum.
The demand for arbitration shall, unless otherwise required by law, clearly state "Demand for Arbitration" at the beginning of the first page and include the following information:
1. factual description of the dispute in sufficient detail to advise the responding party of the nature of the dispute;
2. the date when the dispute first arose;
3. the names, work locations, and telephone numbers of any co-Travelers, witnesses, or supervisors with knowledge concerning the dispute; and
4. the relief requested by the requesting party
A demand for arbitration from the employer must be submitted to the Company by mail or hand delivery addressed to the attention of: CFO/COO. Demand for arbitration from the Company must be mailed to the last known address. The party to whom the demand for arbitration is directed will respond in writing within 60 days so that the parties can begin the process of selecting an arbitrator. Such response may include any counterclaims.
The parties understand and agree that all disputes will be resolved by single arbitrator. The arbitrator will be mutually selected by the Company and the Traveler. If the parties cannot agree on an arbitrator, then the party initiating the arbitration request shall request a list of seven arbitrators experienced in legal issues presented by the Demand for Arbitration and any counterclaims, from the American Arbitration Association (AAA) or JAMS. The parties will in good faith agree upon an arbitrator from the list within 10 days of receipt of a list. If the parties cannot agree on an arbitrator from the list, then they shall each select one name from the list and the two chosen arbitrators will name the arbitrator who shall arbitrate the parties' dispute. More information and a list of arbitrators can be obtained from AAA and JAMS at their respective websites.
The parties understand and agree that the arbitration shall take place in Alameda County, California or any other mutually agreeable location.
The parties understand and agree that this Agreement and its validity, construction, and performance, as well as disputes and or claims arising from this Agreement shall be governed by California law except where the disputes and/or claims are based on federal statutes in which case those disputes and/or claims shall be governed by the applicable federal law.
Nothing in this Agreement shall prevent the parties from mutually agreeing to submit the dispute to mediation. If the dispute is not resolved in mediation it shall be submitted to binding arbitration pursuant to the terms of this Agreement.
The parties understand that the fees will be split evenly between the Company and the Traveler (or Traveler's representatives or agents) bringing the charge and any other type of expense or cost that is unique to arbitration or its associated processes. The Company and the Traveler shall each pay their own attorneys fees incurred in connection with the arbitration, the arbitrator will not have the authority to award attorneys fees unless a statute or contract at issue in the dispute authorizes the award of attorneys fees in which case arbitrator shall have the authority to make an award of reasonable attorneys fees if required or permitted by applicable law. If there is a dispute as to whether the company or Traveler is the prevailing party in arbitration, the arbitrator will decide the issue of who has a prevailing party consistent with applicable law.
The arbitrator, and not any federal, state, or local court, or agencies shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, and enforceability of this agreement including, but not limited to, any claim that all or any part of this agreement is invalid or voidable. The parties understand and agree that if any term or portion of this agreement shall for any reason to be held to be invalid, or unenforceable, or to be contrary to public policy, or any law, then the remainder of this agreement shall not be affected by such an validity or unenforceability, but shall remain in full force and effect, as if the invalid and unenforceable term or portion thereof had not existed within this Agreement.
The parties understand and agree that this Agreement contains the complete agreement between the Company and Traveler regarding the subjects covered in it; that it supersedes any and all prior representation and agreements between the parties, if any; and then, it may be modified only in writing, expressly referencing this Agreement, and signed by an authorized agent of the Company and the Traveler. If any modification(s) is/are not confirmed in writing by the Company, but the Traveler continues to participate in the program, it shall become effective with continued Traveler participation.
By this section, the parties have been advised that they may consult with an attorney before agreeing to the booking agreement if they choose to do so. Otherwise, the parties have read this Agreement carefully and understand it. By agreeing to it, parties are waiving all rights to a trial or hearing before court or jury of any and all disputes and claims subject to arbitration under this Agreement.
READ THIS MUTUAL ARBITRATION AGREEMENT CAREFULLY BEFORE ACKNOWLEDGING AND AGREEING TO THE BOOKING AGREEMENT BECAUSE YOUR AGREEMENT CONFIRMS THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF THE AGREEMENT.