(EFFECTIVE July 10, 2025)

IMPORTANT NOTICE TO GUESTS

THIS DOCUMENT IS A LEGALLY BINDING CONTRACT ISSUED BY OTTER & CO INTERNATIONAL LIMITED AND ACCEPTED BY GUEST SUBJECT TO THE IMPORTANT TERMS AND CONDITIONS (“TERMS”) BELOW. WHEN THE GUEST COMPLETES THEIR BOOKING, THE GUEST ACCEPTS THESE TERMS AND ANY OTHER TERMS AND CONDITIONS THAT THE GUEST IS PROVIDED DURING THE BOOKING PROCESS.
THESE TERMS CONTAIN IMPORTANT LIMITATIONS ON THE RIGHTS OF GUESTS. IT IS IMPORTANT THAT THE GUEST CAREFULLY READS ALL OF THE TERMS.
THE GUEST’S ATTENTION IS SPECIFICALLY DIRECTED TO SECTIONS 20, 22, 26 AND 27, WHICH CONTAIN SIGNIFICANT LIMITATIONS ON THE GUEST’S RIGHT TO ASSERT CLAIMS, INCLUDING DISCLAIMERS, WAIVER OF WARRANTIES, A WAIVER OF A TRIAL BY JURY, A WAIVER OF ANY RIGHT TO BRING, OR PARTICIPATE IN, A CLASS ACTION, FORUM SELECTION, CHOICE OF LAW, TIME LIMITATIONS FOR FILING SUIT, AND AGREEMENT TO SUBMIT ANY AND ALL DISPUTES, CLAIMS AND/OR CAUSES OF ACTION TO MANDATORY BINDING ARBITRATION.

IF ANYTHING IN THESE TERMS IS (OR BECOMES) INVALID OR UNENFORCEABLE, IT WILL STILL BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY LAW AND THE GUEST WILL STILL BE BOUND BY ALL OF THE OTHER TERMS. For all other terms and conditions, please refer to O&C’s website at otterand.co.
OTTER & CO INTERNATIONAL LIMITED and its owners, operators, parents, subsidiaries, affiliates, principals, agents, licensors, and all employees, officers, and agents of such individuals, companies and entities requires that Guest or anyone else accessing and/or using our: (i) telephone contact centers(s), (ii) website(s), (iii) mobile application(s), or (iv) any other digital or telephonic properties or services, that provide travel content, products, or services (each, a "Digital Platform") adhere to the following Terms. By accessing O&C’s Digital Platforms, Guest indicates that Guest acknowledges and agrees to these Terms, and any other terms and conditions provided on/through a Digital Platform or herein, including, without limitation, Expedition Cruise Additional Terms and Booking Terms & Conditions for Private Jet Journeys & Inspiring Expeditions by Geoffrey Kent, each of which are incorporated herein and form part of these Terms.

These Terms apply to the relationship between Guest and O&C concerning the booking of the Trips and Journeys covered by this Contract. Together, the items described in the preceding sentence constitute a contract between the Guest, on behalf of themselves and all other persons traveling under Guest’s booking (including any accompanying minors or other persons for whom the Trip was purchased), and O&C to be bound by these Terms. Guest and O&C agree that the booking of the Tour Package and Journey are subject to the terms and conditions set forth below. In addition, Guest acknowledges the availability of, and Guest agrees to abide by, these Terms, including but not limited to certain payment terms such as minimum deposit requirements and payment due dates, including refunds. In the event of any conflict between a brochure or other written material or website materials and these Terms, these Terms shall prevail. All capitalized words are defined below.
 
DEFINITIONS
“O&C” means OTTER & CO INTERNATIONAL LIMITED and its owners, operators, parents, subsidiaries, affiliates, principals, agents, licensors, joint venturers, and all employees, officers, pilots, crew members and agents of such individuals, companies and entities but does not include those third-party, independent contractor Suppliers and Service Providers that provide Journeys, accommodations, transportation, sightseeing, or any other activities associated with a Tour Package or Journey which is operated outside of the United States of America and arranged by and booked through OTTER & CO INTERNATIONAL LIMITED. O&C may license qualified professional Suppliers and Service Providers to administer Journeys and Guest may be subject to the separate terms and conditions of the service providers in any country where Guest’s Tour Package travel will take place.
“Booking” means the Guest or Guest’s agent’s agreement to enter into a Contract with OTTER & CO INTERNATIONAL LIMITED
“Booking Terms and Conditions” or “Terms” means these terms and conditions and the information contained in O&C brochures, its website and/or other information that will form the express terms of your Contract with O&C.
“Contract” means the contract between O&C and the Guest for the Tour Package as reflected in the confirmation invoice sent by O&C to Guest’s Travel Advisor or directly to Guest, which expressly includes these Booking Terms and Conditions.
“Guest” means each person, including minors, named either on the booking confirmation, on the invoices, or on a ticket issued by O&C.
“Guest with Disabilities” means any Guest who has special needs.
“Journeys” means those journeys offered by O&C.
“Minor” means any person under the age of 18.
“Private Estates” means those overnight stays at a private property from the curated portfolio contracted by O&C on behalf of our guests.
“Refund” means a return of all or part of the fare paid and is applicable only on the conditions described herein. A Refund may, at O&C’s sole option, be issued in the form of a travel credit which shall have no cash value.
“Service Provider” or “Service Providers” means any third parties and/or independent contractors, their parent, subsidiaries, and assigns, and their respective employees, affiliates, officers, directors, successors, representatives, agents, and assigns that are responsible for administering Journeys and providing certain content, products, and services available by and through O&C, including, without limitation, providing services of Suppliers.
“Suppliers” means suppliers that includes, without limitation, suppliers of air travel, lodging accommodations, car rental, cruises, tours, other transportation, restaurants, or other suppliers of services hired, retained, or used by Services Providers in connection with providing services related to Guest’s Journey and Tour Package. Suppliers are independent contractors acting only as an agent for Service Providers.
“Tour Package” means the Journey whether or not in combination with any flights.
“Travel Advisor” means any travel agent or any website not owned or operated by O&C and used by the Guest to book their Tour Package.
“Website” means the set of related web pages, documents and hypertext links served from the web domain www.otterand.co.

Pricing and Payment Details

Deposit
To reserve a tour, Otter & Co requires a $750 per person deposit. This deposit is fully refundable until the final payment due date.

Final Payment
Once a deposit has been received, and your reservation has been confirmed and accepted by Otter & Co, we will send a final invoice. For reservations made within the final payment period, final payment is due at time of booking.

Final payment is required 75 days prior to departure. Unless you provide alternate instructions in advance of the final payment due date, we automatically bill the credit card on file when the balance is due. If final payment is not received when due, Otter & Co reserves the right to cancel your reservation. Please note that should final payment not be received by 15 days past the deadline, a $150 late payment fee may apply.

Payment Methods
Payment must be in USD, and can be made by debit or credit card (Visa, Mastercard, American Express, or Discover), personal check, Venmo, or wire. We do not accept cash. A 3% service fee will be added to each reservation if you choose to refund a payment and recharge a different credit card. When paying by credit card, you agree that Otter & Co may charge the same card on the date(s) that future payments are due. Any additional services added after final payment will also be charged to the card on file. In the event that you wish to use a different form of payment, please contact us.

Your credit card authorization is an agreement for Otter & Co to charge your card and an acknowledgement and agreement to these Terms and Conditions, including the cancellation terms. As such you agree not to make any improper chargebacks.

In certain cases, you have the ability to dispute charges with credit card companies (“chargebacks”). Before initiating a chargeback, we ask you first to contact us to discuss any questions or concerns about charges so that we may attempt to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. Otter & Co retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and refute any such chargeback claims:
Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
Chargebacks arising from inconsistency or inaccuracy with regard to a product description.
Chargebacks resulting from force majeure or other circumstances that are beyond the control of Otter & Co.
Chargebacks resulting because you do not agree with the cancellation policy.

Pricing
Prices on Otter & Co's website and invoices are displayed in USD per person and include taxes. Each Otter & Co itinerary includes a variety of features and elements unique to that specific tour. Guests should consult the individual trip page on Otter & Co's website for a list of inclusions and exclusions.

Guests who wish to have their own room will be charged the single traveler price. This varies depending on the tour and can be found on each individual tour page on our website.
The "Price From" listed on the website for scheduled and private tours refers to a specific tour, date, hotel lineup, and group size. Actual tour prices may differ from the price listed.
There is no price adjustment offered for arriving late or departing early from a tour, nor for tour participants who do not participate in the included activities.

A given price quote is valid for 10 days. After 10 days, quotes are subject to repricing. All prices and quotes are subject to verification by Otter & Co staff.

Cancellations and Trip Changes

Cancellation Policies
The cancellation policies outlined below take into consideration the costs Otter & Co incurs long before travelers ever depart. Otter & Co strictly adheres to the following cancellation policies. Trip price is defined as everything purchased from Otter & Co as part of your tour, including upgrades and pre- and post-tour arrangements. Additionally, supplements paid for gear upgrades or additional activities and services will be considered non-refundable if cancelled inside 14 days prior.

To avoid cancellation and trip change costs, please consider protecting your tour with travel insurance. We offer travel insurance recommendations, found in your reservation confirmation email and our FAQ section.

Standard Cancellation Policies:

Up to 75 days before departure
 Your deposit and any payments made are fully refundable.

45–74 days before departure
You will receive a 50% refund of the total trip cost.

15–44 days before departure
You may apply 50% of the total trip cost as a Travel Credit toward any future Otter & Co trip. All Travel Credits are non-transferable and non-refundable. Travel Credits cannot be used towards payment of a deposit. Travel Credits must be used within one calendar year of the original departure date or will be forfeited. Once a Travel Credit has been applied to a trip, it is considered non-refundable. Special rules apply for COVID-related Travel Credits. Please contact our office for details.

Within 14 days of departure
All payments are non-refundable.

Changes Initiated by Guest
Requests to change tour or date of an existing reservation will be accommodated based on availability and requested change must be within the same calendar year. If this request is made inside of 90 days prior to departure, a minimum $250 per person late change fee will be applied. The guest is responsible for any additional cancellation fees incurred from hotels, etc. Additionally, the guest must pay any increase in tour price. Only one date change per reservation is permitted.

Otter & Co Itinerary Changes and Cancellations
Otter & Co reserves the right to make date, route, activity, and hotel modifications to any tour. This includes the details of itineraries as they appear on Otternad.co. Every effort is made to keep changes to a minimum.

Otter & Co retains the right to cancel, modify, or delay any tour at any time for any reason. In the event of a force majeure ("Force Majeure"), which shall include, but not be limited to, an act of God, natural disaster, epidemic, pandemic, government-issued travel restriction or advisory impacting any portion of the tour, or any other reason beyond the control of Otter & Co, Otter & Co may at any time, cancel the tour or change the date of the tour. In the event of cancellation due to Force Majeure or otherwise, guests will receive a Travel Credit in the amount paid to use towards another Otter & Co trip.

Otter & Co is not responsible for any personal expenses incurred due to changes in itineraries or tour cancellations, such as prepaid hotel accommodations or airline tickets. We strongly recommend confirming your trip with Otter & Co before making any additional travel arrangements.

Travel Documents and Services

Travel Services
At the request of guests, Otter & Co may recommend the services of other companies including hotels, transportation, restaurants, and other services outside the scope of our operations. While Otter & Co takes care to recommend excellent and reliable external travel organizations, we do not guarantee services provided by these companies and are not liable for issues, or cancellations that may arise.

Children on Trips
To participate in a scheduled departure, travelers must be age 18 or older. Please note that minors must be accompanied by an adult. Travelers under the age of 18 are welcome to participate in a Family or Private tour. We are happy to work with you and your family to select the date and destination that will meet your specific needs. 

Travel Documents
Each guest must obtain a passport and any applicable visas for his or her tour prior to departure. If a guest is unable to obtain travel documents or is prohibited from entering the destination (including COVID-related travel restrictions), our standard cancellation policy will apply. Passports must be valid for at least six months after the tour ends. Non-U.S. citizens should contact the embassy or consulate of their destination countries to ensure they meet specific entry requirements. Visit the U.S. Department of State for further information.

Release of Liability and Miscellaneous

Traveler Profile
After submitting your deposit, you will receive a Traveler Profile to complete. This profile must be signed and returned to Otter & Co within 10 days of receipt in order to finalize your trip. The Traveler Profile enables Otter & Co to secure your gear and requested accommodations, note dietary restrictions, and recognize any special requests you may have.

Traveler Code
By submitting your deposit and completing your Traveler Profile, you agree to the following Traveler Code:
I have chosen a trip that suits my abilities, level of fitness, and state of health.
I do not have any physical conditions or disabilities that are a hazard to me or other travelers.
I have a valid passport and all visas, permits, certificates, and vaccinations required for travel.
I will read all pre-trip materials about clothing, medical requirements, and culture-specific etiquette.
I will make sure to communicate any special requests at least 30 days prior to travel. This includes dietary restrictions, medical requirements, and room preferences. I understand that Otter & Co will make every effort to accommodate special requests but cannot guarantee they will be met.
I will respect the laws and customs of countries visited.
I will follow environmental guidelines and regulations while on the trip in accordance with guide direction.
I will respect the rights and privacy of fellow guests.
I understand that group travel invariably involves compromise to accommodate the diverse desires, travel goals, personalities, and physical abilities of all group members. Otter & Co guides may be required to improvise and exercise good faith, use discretion, and/or make decisions based upon group consensus. These decisions may not always please each individual, but are intended to satisfy the larger desires of the group.
I understand that Otter & Co reserves the right to refuse service during a tour to anyone whose health or behavior could impede the welfare or enjoyment of fellow guests. An individual may be asked to leave a trip if the leader determines that the person's continuing participation may prove detrimental to the individual or the group.
I understand a road less traveled means that access to medical facilities and evacuation services may be limited.
I understand the weather is out of Otter & Co's control.
I will always wear a helmet when riding.
I will not wear headphones when riding.
I will consume alcohol responsibly.
I will be responsible for all and any damages made to a hotel room.

If you do not consent to these regulations, you risk dismissal from the tour and returning home at your expense with no refund for the missed tour portion. Otter & Co reserves the right to decline or cancel a reservation should the individual's health or behavior impede the welfare or enjoyment of fellow guests.

Release of Liability
Otter & Co is not liable for bodily injury or property damage as a result of (but not limited to): physical exertion for which a guest is not prepared; forces of nature; collisions with bicycles, pedestrians, or automobiles; road conditions including but not limited to lack of shoulder and roadway surfaces affected by weather conditions; travel by plane, train, auto, boat, or other conveyance, or by bicycle, ski, horseback, foot, or other form of active or adventure travel; consumption of alcoholic beverages; civil unrest; terrorism; breakdown of equipment; high altitude; lack of or limited access to medical attention in remote locations or the adequacy of medical attention once provided. 

Guests who fail to provide a signed Release of Liability prior to departure will not be permitted to join the trip and standard cancellation policy will apply.

Limitations of Liability
Otter & Co is not liable for expenses including meals, transportation, or hotel costs that are not specified as included in the trip cost but may be required to get to or from a trip start or end. Otter & Co reserves the right to make route and hotel modifications as necessary to improve the quality of a trip or to accommodate the comfort and wellbeing of guests.
Baggage

Otter & Co is not responsible for loss of passports, tickets, or other documents, or loss of or damage to luggage, personal property, valuables, or other passenger belongings. Guests may not take as baggage on the tour animals, firearms, prohibited or controlled substances, inflammable or hazardous items. Given the nature of our trips, you will not always have your luggage with you. Therefore, we urge you to pack carefully and consider leaving valuables at home. Guests are responsible to ensure their baggage is properly labeled and transferred to and put on any train, ship, aircraft, or other means of transport.

Miscellaneous
While Otter & Co makes every effort to ensure the accuracy of our publications, we cannot be held responsible for typographical or printing errors, including prices.
Otter & Co recognizes that some guests may have severe food allergies. We make every effort to ensure that our suppliers are notified and prepared, but cannot guarantee that all requests will be accommodated.

Additionally, guests grant Otter & Co permission to take photographs or film recordings of trips for promotional and commercial use, without remuneration now or in the future. The guest agrees to assign all right, title, and interest they may have in or to any media in which their name or likeness might be used to Otter & Co. Guests agree that Otter & Co may use any testimonials regarding services rendered for promotional and/or commercial purposes without any remuneration now or in the future. Otter & Co photography within this website is copyrighted by Otter & Co and may not be reproduced without permission.
Harassment Policy
Otter & Co is committed to providing tours free from any form of harassment and disrespectful or other inappropriate conduct based on race, religion, color, gender (including gender identity and gender expression), national origin, ancestry, physical or mental disability, medical condition, marital status, registered domestic partner status, age, sexual orientation, military and veteran status, or any other basis protected by federal, state or local law or ordinance or regulation. Prohibited harassment, disrespectful or inappropriate conduct includes, but is not limited to, the following behavior: 1) verbal conduct such as epithets, derogatory jokes or comments, slurs or unwanted sexual advances, invitations, comments, posts, or messages; 2) visual displays such as derogatory and/or sexually-oriented posters, photography, cartoons, drawings or gestures; 3) physical conduct including assault, unwanted touching, intentionally blocking normal movement or interfering with the Trip because of sex, race, or any other protected basis; and 4) threats and demands to submit to sexual requests or sexual advances. Guests should report any harassment, disrespectful or inappropriate conduct immediately. Harassment, disrespectful or inappropriate conduct may be grounds for immediate dismissal from a tour. Should a Guest be asked to leave a tour, there will be no refund of any portion of the tour price, used or unused, nor will Otter & Co be responsible for any additional expenses incurred by the Guest as a result of their dismissal.

COVID-19
Guest understands and acknowledges that there is an inherent risk of being exposed to bacteria, pathogens, and viruses, including the coronavirus that causes COVID-19, and of contracting an illness or disease, including COVID-19, as a result of exposure to other individuals and/or surfaces. Guest hereby waives and releases the Released Persons from any and all claims, demands, and damages arising from or relating to any exposure to bacteria, pathogen, or virus, including, but not limited to, the coronavirus and/or the contraction of any illness or disease as a result of any such exposure, including, but not limited to, COVID-19, including claims and damages due or allegedly due to the negligence of any Released Person or Guest. Guest understands and acknowledges that he/she may be required by Otter & Co, government authorities, local suppliers, or other entities to undergo screening measures and/or sign additional forms before and/or during the Trip in order to join and/or continue on the Trip.
Guest agrees to obey all rules and regulations related to COVID-19 set forth by Otter & Co, the guides, other representatives of Otter & Co, government authorities, or local suppliers. Otter & Co reserves the right, in its sole discretion, to prohibit any guest from joining or continuing on a Trip if, in its opinion, guest’s health, behavior, or actions pose or could pose a threat to his/her health or safety, or the health or safety of other Guests or staff. Should a guest not be permitted to join a Trip or be asked to leave a Trip in progress, (i) guest shall not receive a refund for any portion of the Trip price, used or unused, beyond that which is listed in Otter & Co’s cancellation policy, and (ii) Otter & Co shall not be responsible for any additional expenses incurred by guest as a result of his/her dismissal. Additionally, Otter & Co shall not be responsible for any expenses incurred by guest as a result of any required or recommended treatment for suspected or confirmed COVID-19 cases including, but not limited to, transportation, accommodation, or medical expenses.


Photography During Travel
O&C reserves the right to take photographs and videos of Guest during the operation of any Journey or part thereof and to use, re-use, publish, and republish Guest’s image, identity, likeness, voice, interview, statements, video clips and sound recordings, and/or photographic portraits or pictures in which Guest may be included (each an “Image”), for promotional, commercial, or any other purpose during or after the Journey. Guest further agrees that O&C shall be the owner and have all rights, title, interest and copyrights to all Images, which may thereafter be used by O&C for any purpose. Guest’s consent extends to Minors and other persons in the care and/or charge of any Guest.
By booking a Journey with O&C, Guest acknowledges, understands, and agrees to allow their likeness and image to be used by O&C without compensation to the Guest. Guests who prefer that their images and likeness not be used must (1) identify themselves to their Resident Tour Director at the beginning of their Journey, and (2) notify their O&C Travel Consultant by email no later than thirty (30) days following the end of the Guest’s Journey. If Guest fails to comply with both of the foregoing obligations, then Guest agrees to allow their likeness and image to be used by O&C without compensation or liability. If such written notice is not timely provided, the Guest, individually and on behalf of any Minor travelling with him/her, has granted unrestricted rights and permission for O&C to use the Images.

COPYRIGHT OF ALL PHOTOGRAPHS, VIDEO, AND RELATED MATERIALS CREATED BY GUESTS (“GUEST IMAGES”) WILL BELONG TO THE GUEST UPON CREATION. GUESTS AGREE TO GRANT TO THE O&C RELEASED PARTIES, AS DEFINED IN SECTION 20 BELOW, A NON-EXCLUSIVE, WORLDWIDE, IRREVOCABLE LICENSE TO USE ANY GUEST IMAGES PROVIDED TO O&C IN ANY MEDIA FOR THE FOLLOWING LIMITED PURPOSES: EDITORIAL USE, PROMOTION OF THIS EDITORIAL USE, PROMOTION OF O&C’S TRAVEL PROGRAMS, OR PROMOTION OF O&C’S MISSION AND/OR BRAND.

Limitation of Liability
(A) SERVICE PROVIDERS AND SUPPLIERS. O&C PURCHASES TRANSPORTATION (BY AIRCRAFT, COACH, TRAIN, VESSEL OR OTHERWISE), HOTEL AND OTHER LODGING ACCOMMODATIONS, RESTAURANT, GROUND HANDLING, TOURS, EXCURSIONS, AND OTHER SERVICES FROM VARIOUS SERVICE PROVIDERS AND SUPPLIERS (INCLUDING, FROM TIME TO TIME, OTHER AFFILIATES OF O&C) FOR TOUR PACKAGES. NEITHER O&C NOR ITS PARENT COMPANY, SISTER COMPANIES, RELATED COMPANIES, AFFILIATES, PREDECESSORS, SUCCESSORS, OR SUBSIDIARIES, NOR ANY OF ITS/THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, OFFICERS, DIRECTORS, SUCCESSORS, REPRESENTATIVES, AGENTS AND ASSIGNS (COLLECTIVELY THE “O&C RELEASED PARTIES”), OWN OR OPERATE ANY TRANSPORTATION, LODGING ACCOMMODATIONS ON LAND, RESTAURANTS, GROUND TRANSPORT AND OTHER GOODS AND SERVICES FOR GUEST’S TRIP THAT ARE OWNED OR OPERATED BY SERVICE PROVIDERS OR SUPPLIERS. ALL SERVICE PROVIDERS AND SUPPLIERS ARE INDEPENDENT CONTRACTORS. IN CONSIDERATION OF THE SERVICES PROVIDED BY O&C, THE GUEST ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT THE O&C RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY (1) DAMAGE TO, OR LOSS OF, PROPERTY, (2) INJURY TO, OR DEATH OF, GUEST, AND/OR (3) LOSS OF SERVICES, PROFITS, OR MONIES, INCLUDING BUT NOT LIMITED TO, CONSEQUENTIAL, EXEMPLARY, INDIRECT OR PUNITIVE DAMAGES OR OTHERWISE, ARISING OUT OF, RELATED TO, OR OTHERWISE IN CONNECTION WITH ANY ACT OR OMISSION OF ANY SERVICE PROVIDERS AND SUPPLIERS, INCLUDING BUT NOT LIMITED TO ANY DEFECT IN ANY AIRCRAFT, WATERCRAFT, OR VEHICLE OPERATED OR PROVIDED BY SUCH SUPPLIERS, CANCELLATIONS, DELAYS, AND/OR ANY NEGLIGENT OR WILLFUL ACTS OF SERVICE PROVIDERS OR SUPPLIERS, INCLUDING ACTS OF ANY OF THEIR EMPLOYEES, AGENTS, CONTRACTORS OR ASSIGNS. GUEST HEREBY RELEASES THE O&C RELEASED PARTIES FOR ANY SUCH LOSS, DAMAGE, INJURY, OR DEATH.
IN ADDITION AND WITHOUT LIMITATION, THE GUEST AGREES, UNDERSTANDS, AND ACKNOWLEDGES THAT O&C RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY INJURY, FINANCIAL OR PHYSICAL LOSS, DEATH, INCONVENIENCE, DELAY, CANCELLATION, DISRUPTION, VARIATION OR DEVIATION FROM THE SCHEDULED JOURNEY, OR DAMAGE TO PERSONAL PROPERTY ARISING OUT OF, RELATED TO, OR OTHERWISE IN CONNECTION WITH SERVICE PROVIDERS’ AND SUPPLIERS’ PROVISION OF ANY GOODS OR SERVICES WHETHER CAUSED BY LAWS, REGULATIONS, ACTS OR FAILURES TO ACT, DEMANDS, ORDERS, OR INTERPOSITIONS OF ANY GOVERNMENT OR ANY SUBDIVISION OR AGENT THEREOF, OR BY ACTS OF GOD OR FORCE MAJEURE, ILLNESS, DISEASE, ACTS OF WAR, CIVIL UNREST, INSURRECTION OR REVOLT, ANIMALS, STRIKES OR OTHER LABOR ACTIVITIES, FIRE, FLOOD, REBELLION, QUARANTINE, PANDEMIC, EPIDEMIC, THEFT, CRIMINAL OR TERRORIST ACTIVITIES OF ANY KIND, OVERBOOKING OR DOWNGRADING OF SERVICES, FOOD POISONING, MECHANICAL, OTHER FAILURE OF AIRCRAFT OR OTHER MEANS OF TRANSPORTATION OR FOR FAILURE OF ANY TRANSPORTATION MECHANISM TO ARRIVE OR DEPART ON TIME, OR ANY OTHER CAUSE(S) BEYOND SERVICE PROVIDERS’ AND SUPPLIERS’ CONTROL. GUEST HEREBY WAIVES ANY CLAIM AGAINST O&C RELEASED PARTIES AND HEREBY RELEASES THE O&C RELEASED PARTIES FROM AND AGAINST ANY SUCH INJURY, FINANCIAL OR PHYSICAL LOSS, DEATH, LOSS, INCONVENIENCE, DELAY, CANCELLATION, DISRUPTION, OR DAMAGE TO PERSONAL PROPERTY SET FORTH HEREIN.

(B) RISK OF ILLNESS, INJURY OR DEATH. BY PURCHASING A JOURNEY, GUEST ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT HE/SHE IS AWARE THAT THE TRAVEL ASSOCIATED WITH PARTICIPATING IN THE JOURNEY INVOLVES ACTIVITIES WITH A RISK OF ILLNESS (INCLUDING COMMUNICABLE AND INFECTIOUS DISEASES), INJURY, OR DEATH WHICH MAY BE CAUSED BY FORCES OF NATURE, ILLNESS, OR BY NEGLIGENT, WILLFUL OR CRIMINAL CONDUCT OF THIRD PARTIES OR TERRORISM. GUEST FURTHER ACKNOWLEDGES THAT WEATHER CONDITIONS MAY BE SEVERE, ADVERSE AND/OR UNPLEASANT AND THAT MEDICAL SERVICES OR FACILITIES MAY NOT BE READILY AVAILABLE OR ACCESSIBLE OR CONSISTENT WITH STANDARDS IN THE UNITED STATES DURING SOME OR ALL OF THE TIME DURING WHICH HE/SHE IS PARTICIPATING IN THE JOURNEY AND THAT WHEN AVAILABLE MEDICAL SERVICES OR FACILITIES MAY NOT BE OF THE QUALITY WHICH EXISTS IN THE UNITED STATES. GUEST ASSUMES ANY AND ALL SUCH RISKS ASSOCIATED WITH PARTICIPATING IN THE JOURNEYS AND GUEST AGREES TO AND HEREBY RELEASES THE O&C RELEASED PARTIES FROM ANY AND ALL LIABILITY WHATSOEVER THAT IS IN ANY WAY RELATED THERETO.
BY PURCHASING A JOURNEY, GUEST FURTHER ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT HE/SHE IS AWARE THAT WHILE TRAVELLING IN A REMOTE LOCATION CERTAIN SERVICES, INCLUDING, BUT NOT LIMITED TO, TELEPHONES, MEDICAL ASSISTANCE, MEDICAL EVACUATION, WATER/GROUND/AIR TRANSPORTATION, ETC., MAY BE UNAVAILABLE OR PROVIDED AT A DIFFERENT OR LOWER STANDARD THAN THAT WHICH WOULD BE AVAILABLE IN THE UNITED STATES. GUEST UNDERSTANDS, ACKNOWLEDGES, AND AGREES THAT O&C RELEASED PARTIES (REGARDLESS OF THE COUNTRY WHERE GUEST IS TRAVELLING) SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSS, INJURY, DAMAGE OR DEATH, HOWSOEVER ARISING WHILE THE GUEST AND THEIR TRAVELLING COMPANION(S), INCLUDING MINORS, ARE ON THE JOURNEY.
GUEST FURTHER ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT O&C MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE QUALITY AND/OR SUITABILITY OF ANY MEDICAL CARE, INCLUDING ANY FIRST AID SERVICES, THAT IS AVAILABLE OR PROVIDED, IF ANY, DURING THE GUEST’S JOURNEY. ALL MEDICAL CARE AND SERVICES PROVIDED TO GUEST ARE PROVIDED BY INDEPENDENT CONTRACTOR, LOCAL MEDICAL SERVICE PROVIDERS (“MSPs”) AUTHORIZED TO PRACTICE IN THE COUNTRY IN WHICH THE GUEST RECEIVES MEDICAL CARE, SERVICES, AND/OR TREATMENT, AND SUCH CARE/SERVICES/TREATMENT ARE RENDERED PURSUANT TO THE MSP’S SOLE PROFESSIONAL JUDGMENT AND DISCRETION. GUEST ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT ANY MEDICAL CARE/SERVICES/TREATMENT WILL BE LIMITED TO THE TYPE OF CARE AND TREATMENT NECESSARY, IN THE SOLE OPINION OF THE THIRD-PARTY MEDICAL SERVICES PROVIDER, FOR THE GUEST’S CONDITION AT THE TIME OF TREATMENT WTIHIN THE SCOPE OF THE LIMITED AVAILABLE MEDICAL FACILITY IN THE LOCATION AND COUNTRY OF TREATMENT. GUEST FURTHER ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT O&C HAS NO CONTROL OVER AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE ACTIONS OF THE INDEPENDENT CONTRACTOR MSPS, EXCEPT FOR O&C’S OWN NEGLIGENCE OR MISCONDUCT, AND MSPS AND OTHER INDEPENDENT CONTRACTORS DO NOT HAVE AUTHORITY TO MAKE COMMITMENTS FOR, OR ON BEHALF OF, O&C.
GUEST FURTHER AGREES THAT GUEST WILL NOT HOLD O&C RELEASED PARTIES RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DEMANDS, JUDGMENTS, CAUSES OF ACTION, DAMAGES, AND LIABILITIES ARISING OUT OF, RELATING TO, AND/OR IN CONNECTION WITH THE PROVISION OF FIRST AID SERVICES AND/OR THE MSP’S PROVISION OF MEDICAL SERVICES, INCLUDING, BUT NOT LIMITED TO, THE QUALITY AND SUITABILITY OF SUCH MEDICAL SERVICES. GUEST UNDERSTANDS THAT O&C HAS MADE NO INVESTIGATION AS TO THE MEDICAL BACKGROUND, LICENSING, TRAINING, EDUCATION AND QUALIFICATIONS AND SKILLS OF THE MSP(S) AND UNDER NO CIRCUMSTANCES SHALL O&C RELEASED PARTIES BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATING TO GUEST’S CARE OR TREATMENT BY THE MSP(S). GUEST HEREBY WAIVES, RELEASES, AND DISCHARGES O&C RELEASED PARTIES FROM ANY AND ALL NEGLIGENCE AND LIABILITY FOR DEATH, PERSONAL INJURY, DISABILITY, PROPERTY DAMAGE, PROPERTY THEFT, OR CLAIMS OF ANY NATURE WHICH MAY HEREAFTER ACCRUE AS A DIRECT OR INDIRECT RESULT OF ANY MEDICAL TREATMENT/CARE/SERVICES PROVIDED TO GUEST DURING THE JOURNEY. GUEST FURTHER AGREES TO DEFEND, INDEMNIFY, AND HOLD O&C RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OF ANY NATURE, INCLUDING ALL COSTS, EXPENSES, AND ATTORNEYS’ FEES, WHICH IN ANY MANNER ARISE OUT OF, RELATE TO, OR ARE IN CONNECTION WITH ANY MEDICAL CARE, TREATMENT, OR SERVICES PROVIDED TO GUEST DURING THE JOURNEY.
GUEST FURTHER UNDERSTANDS AND AGREES THAT IF MEDICAL TRANSPORTATION AND/OR EVACUATION FURTHER THAN THE NEAREST TOWN IS NEEDED, WHICH TRANSPORTATION/EVACUATION IS NOT INCLUDED IN THE FEES PAID TO O&C AND/OR ANY TRAVEL INSURANCE, TO THE EXTENT GUEST PURCHASED TRAVEL INSURANCE, SUCH COSTS COULD BE SIGNIFICANT, AND GUEST SHALL BE SOLELY LIABLE AND RESPONSIBLE FOR PAYING ANY SUCH FEES FOR SERVICES NOT INCLUDED IN THE FEES PAID TO O&C. GUEST UNDERSTANDS AND AGREES NOT TO HOLD O&C RELEASED PARTIES RESPONSIBLE OR LIABLE FOR ALL OR ANY PORTION OF ANY MEDICAL SERVICE FEES, CHARGES, AND/OR EXPENSES CHARGED TO GUEST THAT ARE NOT INCLUDED IN THE FEES PAID TO O&C.

(C) INHERENT RISKS OF DANGEROUS ACTIVITIES.
IF GUEST PARTICIPATES IN ANY ACTIVITIES INCLUDING, BUT NOT LIMITED TO, ANY EXCURSIONS INVOLVING ANIMALS, RIDING ON ANIMALS, SCUBA DIVING, SNORKELING, BOATING, HOT AIR BALLOONING, HELICOPTER FLIGHTS, ZIPLINING, HIKING, HIGH ALTITUDE TREKS, CLIMBING, QUAD BIKING, PARASAILING, PARACHUTING, KAYAKING, WHITEWATER RAFTING, JET BOAT RIDES, SNOWMOBILING, PRIMATE TRACKING AND ANY OTHER ACTIVITY WHICH CARRIES INHERENT RISK OF SERIOUS ILLNESS, INJURY OR DEATH (COLLECTIVELY “DANGEROUS ACTIVITIES”), THEN GUEST FULLY UNDERSTANDS AND ACKNOWLEDGES THAT DANGEROUS ACTIVITIES CARRY WITH THEM VARIOUS INHERENT RISKS, INCLUDING SERIOUS ILLNESS, INJURY OR DEATH, AND GUEST ACCEPTS COMPLETE RESPONSIBILITY FOR GUEST’S OWN HEALTH AND SAFETY AND AGREES TO ASSUME ALL RISKS OF INJURY, ILLNESS OR DEATH, WHETHER FORESEEN OR UNFORESEEN, ARISING OUT OF, RELATING TO, OR OTHERWISE IN CONNECTION WITH PARTICIPATING IN ANY OF THE DANGEROUS ACTIVITIES AND GUEST FURTHER AGREES TO RELEASE THE O&C RELEASED PARTIES FROM ANY AND ALL LIABILITY WHATSOEVER RELATED THERETO.
FURTHER, AS CONSIDERATION FOR BEING PERMITTED TO PARTICIPATE IN THE DANGEROUS ACTIVITIES, GUEST AGREES TO AND HEREBY RELEASES AND AGREES NOT SUE OR MAKE ANY CLAIM AGAINST THE O&C RELEASED PARTIES, FOR ANY CLAIMS, PROPERTY DAMAGE, CANCELLATION OF ANY ACTIVITIES FOR ANY REASON, ILLNESS, NEGLIGENT RESCUE OPERATIONS OR PROCEDURES, PERSONAL INJURY, OR DEATH ARISING OUT OF, RELATED TO, OR OTHERWISE IN CONNECTION WITH GUEST’S PARTICIPATION IN THE DANGEROUS ACTIVITIES, AND ANY ACTIVITY RELATED THERETO, INCLUDING TRANSPORTATION TO AND FROM THE SITE OF THE DANGEROUS ACTIVITIES, REGARDLESS OF WHETHER SUCH PROPERTY DAMAGE, ILLNESS, PERSONAL INJURY, OR DEATH RESULTS FROM THE NEGLIGENCE OF THE O&C RELEASED PARTIES AND/OR FROM ANY DEFECT IN EQUIPMENT. GUEST FURTHER AGREES TO INDEMNIFY AND HOLD THE O&C RELEASED PARTIES HARMLESS WITH RESPECT TO ANY CLAIM MADE AGAINST THE O&C RELEASED PARTIES BY ANYONE ELSE (A) ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH GUEST’S PARTICIPATION IN ANY TRIP OR ANY DANGEROUS ACTIVITIES, OR (B) WHICH WOULD BE SUBJECT TO THE ABOVE RELEASE AND COVENANT NOT TO SUE IF GUEST HAD MADE THE CLAIM DIRECTLY HIMSELF. UPON RECEIPT OF NOTICE OF THE ASSERTION OF A CLAIM, THE O&C RELEASED PARTIES RESERVE THE RIGHT TO SELECT DEFENSE COUNSEL OF ITS OWN CHOICE AND IN ITS SOLE DISCRETION AND AT THE EXPENSE OF GUEST.

Amendments
O&C reserves the right to correct any errors or omissions in its published materials and to amend these Terms at any time. All amended Terms shall automatically be effective upon being posted by O&C to the Website. Guests should check the Website prior to travel in order to ensure they are aware of any changes.

Important Limitations on the Company’s Liability
Nothing in these Terms shall limit or deprive O&C of the benefit of any applicable statutes or laws of the United States of America or any other country; or any international convention providing for release from, or limitation of, liability. In the event multiple statutes, laws or conventions may apply, O&C shall be entitled to any or all such limitations unless there is a conflict between such statutes, laws or conventions, in which case O&C shall be entitled to invoke the limitation which provides the most favorable limitation to O&C.

(A) TIME LIMITS FOR CLAIMS, CAUSES OF ACTION AND LAWSUITS

(1) TIME LIMITS FOR PERSONAL INJURY, ILLNESS, AND DEATH CLAIMS
O&C SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, ILLNESS, AND DEATH CLAIMS WHATSOEVER UNLESS FULL PARTICULARS IN WRITING ARE PROVIDED TO O&C AT THE ADDRESS PROVIDED IN SECTION 31 WITHIN SIX (6) MONTHS AFTER THE DATE GUEST COMPLETES THE JOURNEY, AND SUIT IS COMMENCED (FILED) WITHIN ONE (1) YEAR FROM THE DATE OF SUCH INJURY, ILLNESS OR DEATH AND PROCESS SERVED WITHIN 120 DAYS AFTER FILING. GUEST EXPRESSLY WAIVES ALL OTHER POTENTIALLY APPLICABLE STATE OR FEDERAL LIMITATION PERIODS FOR PERSONAL INJURY, ILLNESS, AND DEATH CLAIMS.

(2) TIME LIMITS FOR ALL OTHER CLAIMS (EXCEPT 22(A)(1) ABOVE)
O&C SHALL NOT BE LIABLE FOR ANY CLAIMS OTHER THAN PERSONAL INJURY, ILLNESS AND DEATH WHATSOEVER UNLESS FULL PARTICULARS IN WRITING ARE PROVIDED TO O&C AT THE ADDRESS PROVIDED IN SECTION 31 WITHIN THIRTY (30) DAYS FROM THE DATE OF THE EVENT THAT RESULTED IN THE LOSS, DAMAGE OR LIABILITY. LEGAL PROCEEDINGS TO RECOVER FOR ANY CLAIM WHATSOEVER ENCOMPASSED BY THIS SECTION 29(A)(2) SHALL NOT BE MAINTAINABLE UNLESS COMMENCED (FILED) WITHIN SIX (6) MONTHS FROM THE DATE OF THE EVENT THAT RESULTED IN THE LOSS, DAMAGE OR LIABILITY, AND UNLESS SERVED UPON O&C WITHIN 120 DAYS AFTER COMMENCEMENT. GUEST EXPRESSLY WAIVES ALL OTHER POTENTIALLY APPLICABLE STATE OR FEDERAL LIMITATION PERIODS FOR CLAIMS WHICH INCLUDE, BUT ARE NOT LIMITED TO, ALLEGATIONS CONCERNING ANY AND ALL CIVIL RIGHTS, THE AMERICANS WITH DISABILITIES ACT (ADA), DECEPTIVE TRADE PRACTICES, PRIVACY AND/OR ADVERTISING.
 
(B) VENUE FOR CLAIMS UNDER $75,000 EXCLUDING CLAIMS FOR PERSONAL INJURY, ILLNESS AND DEATH
ALL DISPUTES, CLAIMS, OR CONTROVERSIES WHATSOEVER, EXCLUDING PERSONAL INJURY, ILLNESS, AND DEATH, WHETHER BROUGHT BASED ON CONTRACT, STATUTORY, CONSTITUTIONAL OR OTHER LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO ALLEGED VIOLATION OF CIVIL RIGHTS, DISCRIMINATION, CONSUMER OR PRIVACY LAWS, OR FOR ANY LOSSES, DAMAGES OR EXPENSES, IN ANY WAY ARISING OUT OF, RELATED TO, OR CONNECTED WITH THESE TERMS, THE BOOKING OF THE JOURNEY AND ALL REQUESTS FOR REFUNDS OR CREDITS ARISING FROM, RELATED TO OR IN CONNECTION WITH BOOKINGS, NO MATTER HOW DESCRIBED, PLEADED OR STYLED, BETWEEN THE GUEST AND O&C IN WHICH GUEST OR ANY OTHER CLAIMANT ASSERTS DAMAGES FOR LESS THAN $75,000 (EXCLUDING ATTORNEY FEES, COSTS, AND INTEREST, WHICH ARE NOT INCLUDED TO DETERMINE THE AMOUNT AT ISSUE) SHALL BE LITIGATED, IF AT ALL, BEFORE THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, OR AS TO THOSE LAWSUITS TO WHICH THE FEDERAL COURTS OF THE UNITED STATES LACK SUBJECT MATTER JURISDICTION, BEFORE A COURT LOCATED IN BROWARD COUNTY, FLORIDA U.S.A. TO THE EXCLUSION OF THE COURTS OF ANY OTHER COUNTY, STATE OR COUNTRY. GUEST HEREBY CONSENTS TO SUCH EXCLUSIVE JURISDICTION AND WAIVES ANY JURISDICTIONAL, VENUE OR OTHER OBJECTION THAT MAY BE OTHERWISE AVAILABLE.

(C) ARBITRATION FOR ALL PERSONAL INJURY, ILLNESS AND DEATH CLAIMS AND ALL OTHER NON-PERSONAL INJURY, ILLNESS, AND DEATH CLAIMS OVER $75,000
ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES FOR: (1) PERSONAL INJURY, ILLNESS, AND DEATH AND (2) ANY AND ALL OTHER DISPUTES, CLAIMS OR CONTROVERSIES WHATSOEVER OTHER THAN PERSONAL INJURY, ILLNESS, AND DEATH IN WHICH GUEST OR ANY OTHER CLAIMANT ASSERTS DAMAGES FOR MORE THAN $75,000.00 (EXCLUDING ATTORNEY FEES, COSTS, AND INTEREST, WHICH ARE NOT INCLUDED TO DETERMINE THE AMOUNT AT ISSUE) WHETHER BROUGHT BASED ON CONTRACT, STATUTORY, CONSTITUTIONAL OR OTHER LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO ALLEGED VIOLATION OF CIVIL RIGHTS, DISCRIMINATION, CONSUMER OR PRIVACY LAWS, OR FOR ANY LOSSES, DAMAGES OR EXPENSES, RELATING TO OR IN ANY WAY ARISING OUT OF OR CONNECTED WITH THESE TERMS AND THE BOOKING OF THE JOURNEY, NO MATTER HOW DESCRIBED, PLEADED OR STYLED, BETWEEN THE GUEST AND O&C SHALL BE REFERRED TO AND RESOLVED EXCLUSIVELY BY BINDING ARBITRATION PURSUANT TO THE UNITED NATIONS CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS (NEW YORK 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ì 202-208 (“THE CONVENTION”) AND THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1, ET SEQ., (“FAA”) SOLELY IN BROWARD COUNTY, FLORIDA, U.S.A. TO THE EXCLUSION OF ANY OTHER FORUM. GUEST HEREBY CONSENTS TO SUCH EXCLUSIVE JURISDICTION AND WAIVES ANY JURISDICTIONAL, VENUE OR OTHER OBJECTION THAT MAY BE AVAILABLE TO ANY SUCH ARBITRATION PROCEEDING IN BROWARD COUNTY, FLORIDA. THE ARBITRATION SHALL BE ADMINISTERED BY NATIONAL ARBITRATION AND MEDIATION (“NAM”) UNDER ITS COMPREHENSIVE DISPUTE RESOLUTION RULES AND PROCEDURES AND THE FEE SCHEDULE IN EFFECT AT THE TIME OF INITIATING THE PROCEEDING WITH NAM, WHICH ARE DEEMED TO BE INCORPORATED HEREIN BY REFERENCE. EACH PARTY SHALL BEAR THEIR OWN COSTS AND FEES ASSOCIATED WITH ANY SUCH FILING. IF GUEST HAS A QUESTION ABOUT THE ARBITRATION PROCESS OR WANTS TO OBTAIN A CURRENT COPY OF THE COMPREHENSIVE DISPUTE RESOLUTION RULES AND PROCEDURES AND/OR FEE SCHEDULE, GUEST MAY CONTACT NAM AT: NATIONAL ARBITRATION AND MEDIATION, ATTENTION CLAIMS DEPARTMENT, 990 STEWART STREET, FIRST FLOOR, GARDEN CITY, NY 11530, TELEPHONE NUMBER (800) 358-2550. NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES AND HEREIN, OR OTHERWISE TO LITIGATE THE CLAIM IN ANY COURT (OTHER THAN NON-PERSONAL INJURY, ILLNESS, AND DEATH CLAIMS WITH DAMAGES AND LOSSES LESS THAN $75,000). THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING.

(D) Jurisdiction, Venue and Jury Trial Waiver
EXCEPT AS PROVIDED IN SECTIONS 29(B) AND (C) ABOVE OR IF THE ABOVE-REFERENCED ARBITRATION CLAUSE IS RULED UNENFORCEABLE BY AN ARBITRATOR, IT IS AGREED BY AND BETWEEN THE GUEST AND O&C THAT ALL DISPUTES AND MATTERS WHATSOEVER RELATED TO, ARISING OUT OF, IN CONNECTION WITH OR INCIDENT TO THESE TERMS, SHALL BE LITIGATED, IF AT ALL, EXCLUSIVELY BEFORE THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA OR, AS TO THOSE LAWSUITS TO WHICH THE FEDERAL COURTS OF THE UNITED STATES LACK SUBJECT MATTER JURISDICTION, EXCLUSIVELY BEFORE THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA, U.S.A. TO THE EXCLUSION OF THE COURTS OF ANY OTHER COUNTY, STATE OR COUNTRY. GUEST HEREBY CONSENTS TO SUCH EXCLUSIVE JURISDICTION AND WAIVES ANY JURISDICTIONAL, VENUE OR OTHER OBJECTION OR DEFENSE THAT MAY BE AVAILABLE. GUEST HEREBY KNOWINGLY AND VOLUNTARILY WAIVES A TRIAL BY JURY.

(E) Arbitration Rules and Jury Trial Waiver
NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES AND HEREIN, OR OTHERWISE TO LITIGATE THE CLAIM IN ANY COURT (EXCEPT AS TO NON-PERSONAL INJURY, ILLNESS, AND DEATH CLAIMS WITH DAMAGES LESS THAN $75,000 AS SET FORTH ABOVE). THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT GUEST OR O&C WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. AN AWARD RENDERED BY AN ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION UNDER THE CONVENTION OR FAA. O&C AND GUEST FURTHER AGREE TO PERMIT THE TAKING OF A DEPOSITION UNDER OATH OF THE GUEST ASSERTING THE CLAIM, OR FOR WHOSE BENEFIT THE CLAIM IS ASSERTED, IN ANY SUCH ARBITRATION. IN THE EVENT THIS PROVISION IS DEEMED UNENFORCEABLE BY AN ARBITRATOR OR COURT OF COMPETENT JURISDICTION FOR ANY REASON, THEN AND ONLY THEN THE PROVISIONS OF SECTION 29(D) ABOVE GOVERNING VENUE AND JURISDICTION SHALL EXCLUSIVELY APPLY TO ANY LAWSUIT INVOLVING CLAIMS DESCRIBED IN THIS CLAUSE.

(F) Governing Law
O&C BOOKINGS ARE DEEMED TO BE CONTRACTS MADE IN THE STATE OF FLORIDA. ANY CLAIMS, CONTROVERSIES AND CAUSES OF ACTION WHATSOEVER ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH O&C BOOKINGS, THE JOURNEY, OR THE RELATIONSHIP BETWEEN THE GUEST AND O&C, INCLUDING BUT NOT LIMITED TO ANY CONTRACTUAL AND NON-CONTRACTUAL CLAIMS AND STATUTES, SHALL BE GOVERNED, INTERPRETED, AND/OR ENFORCED PURSUANT TO FLORIDA LAW, INCLUDING ITS STATUTES OF LIMITATION, WITHOUT REGARD TO ANY CONFLICT OF LAW PRINCIPLES OR OTHER RULE THAT WOULD RESULT IN THE APPLICATION OF THE LAWS OF A DIFFERENT JURISDICTION. GUEST WAIVES ANY OBJECTION OR DEFENSE THAT MAY BE AVAILABLE CONCERNING THE APPLICATION OF FLORIDA LAW. GUEST FURTHER AGREES THAT ENFORCEABILITY OF THIS CHOICE OF LAW CLAUSE SHALL BE ANALYZED AND DETERMINED PURSUANT TO FLORIDA’S CHOICE OF LAW PRINCIPLES.

(G) Class and Collective Action Waiver
GUEST HEREBY AGREES THAT THESE TERMS PROVIDE FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION ON EACH GUEST’S BEHALF RATHER THAN ANY CLASS, COLLECTIVE OR REPRESENTATIVE ACTION. GUEST MAY ONLY BRING CLAIMS AGAINST O&C IN GUEST'S INDIVIDUAL CAPACITY. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, GUEST AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST O&C WHATSOEVER SHALL BE LITIGATED BY GUEST INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE OR ACTION, AND GUEST EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS ACTION. IF GUEST’S CLAIM IS SUBJECT TO ARBITRATION AS PROVIDED IN SECTION 29(C) ABOVE, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. GUEST AGREES THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH ABOVE, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION. THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER MAY BE DETERMINED ONLY BY A JUDGE OR COURT OF LAW AND NOT BY AN ARBITRATOR. GUEST AGREES THAT O&C CAN RECEIVE IMMEDIATE JUDICIAL ASSISTANCE TO ENFORCE THIS CLASS ACTION WAIVER.

(H) Claims for Emotional Distress
O&C SHALL NOT BE LIABLE TO THE GUEST FOR ANY EMOTIONAL DISTRESS, MENTAL ANGUISH OR PSYCHOLOGICAL INJURY OF ANY KIND, EXCEPT WHERE SAID EMOTIONAL DISTRESS, MENTAL ANGUISH OR PSYCHOLOGICAL INJURY WAS THE RESULT OF EITHER (A) PHYSICAL INJURY TO THE GUEST CAUSED BY THE NEGLIGENCE OR FAULT OF O&C OR (B) THE GUEST HAVING BEEN AT ACTUAL RISK OF PHYSICAL INJURY AND SUCH RISK WAS CAUSED BY THE NEGLIGENCE OR FAULT OF O&C.

(I) Claims of Improper Performance or Breach of the Contract
O&C’S LIABILITY FOR IMPROPER PERFORMANCE OR BREACH OF THE CONTRACT SHALL BE LIMITED TO A MAXIMUM OF TWO TIMES THE PRICE WHICH THE GUEST PAID FOR THEIR TOUR PACKAGE.

(J) No Consequential, Indirect or Punitive Damages
NOTWITHSTANDING ANYTHING TO THE CONTRARY ELSEWHERE IN THESE TERMS, GUEST HEREBY AGREES THAT IN NO EVENT SHALL O&C RELEASED PARTIES, INCLUDING ITS MEMBERS, PARTNERS, SHAREHOLDERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF CONTRACT OR OTHER OPPORTUNITY, FOR ANY OTHER CONSEQUENTIAL OR INDIRECT LOSS OR DAMAGE OF A SIMILAR NATURE) ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH THE TRANSACTION CONTEMPLATED HEREIN.

Service Providers, Relationship And Use Of Digital Platform

(A) Service Providers. Certain content, products, and services available on/through a Digital Platform are provided by Service Providers. Certain content, including, without limitation, software, data, and other information that may be found on or provided in conjunction with O&C’s Digital Platforms may be the copyrighted property of Service Providers and other third parties. Guest is prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content for commercial or public purposes.

(B) Relationship. In O&C’s role as a tour operator and provider of Digital Platforms, O&C acts as an intermediary third party between Guest and the Service Providers and Suppliers; no joint venture, partnership, employment, agency, representative, fiduciary or similar relationship exists between O&C and any Service Provider or Supplier as a result of Guest’s use of O&C’s travel services. We create, plan and arrange Tour Packages and Journeys and make travel arrangements for Guest by finding and booking travel through Service Providers and Suppliers for Tour Packages and Journeys. We consider various factors in identifying travel Services Providers and Suppliers and recommending specific itineraries. In identifying Service Providers and Suppliers and recommending itineraries, O&C may consider a number of factors, including, without limitation, Supplier and Service Provider availability and Guest’s preferences. The relationships O&C has with Service Providers and Suppliers may also influence the Service Providers and Suppliers O&C identifies and the itineraries O&C recommends. While O&C may recommend certain destinations of travel and Service Providers and Suppliers, these are solely suggestions; Guest agrees that any and all decisions as to appropriate destinations of travel and Service Providers and Suppliers are Guest’s sole and exclusive decision and O&C has no responsibility or liability if the Guest is dissatisfied, for any reason, due to the destinations and services provided by the Service Providers and Suppliers O&C may suggest.

(C) Guest’s and/or Others’ Use of Digital Platform. Guest may only use Digital Platforms to make legitimate reservations or purchases for Guest or other persons for whom Guest is authorized to act, and Guest shall not use O&C’s Digital Platforms for any other purposes, including, without limitation, making any speculative, false, fictitious or fraudulent reservation or bookings. Guest shall not: (i) use Digital Platforms or anything contained therein or provided in conjunction therewith for commercial purposes, (ii) use any "robot," "spider", or other automatic device, or a program, algorithm, or methodology having similar processes or functionality, or any manual process to monitor, scrape, copy, or republish any of the webpages, data, or content found on Digital Platforms, (iii) “frame,” “mirror,” or otherwise incorporate any part of Digital Platforms (or anything contained therein or provided in conjunction therewith) into any other website or application, or (iv) use Digital Platforms in violation of, or to violate, any law, rule, or regulation.
Guest shall not use, nor shall Guest permit any use of, O&C’s Digital Platforms in conjunction with any of Guest’s activities or by anyone that resides, stays, or is accessing Digital Platforms from a country prohibited under U.S. export and/or Office of Foreign Assets Control regulations, including, without limitation, regulations based upon sanctions, country programs, or embargoes. For more information regarding these regulations, visit www.treas.gov/ofac. Guest shall become unauthorized to use Digital Platforms in the event of a breach of these obligations, and Guest shall indemnify and hold harmless O&C, Service Providers, and Suppliers for any breach of this section.

Reservation And Purchase
Guest shall abide by these Booking Terms and Conditions, including, without limitation, payment of all amounts when due. Guest understands that any violation of O&C’s Booking Terms and Conditions, policies, rules, or restrictions, including, without limitation, timely payment, may result in: (i) Guest forfeiting any monies paid for such reservation or purchase, (ii) cancellation of Guest’s reservation or purchase, (iii) Guest being denied access to any flights, hotels, or any other products or services, and (iv) O&C debiting Guest’s account for any costs O&C incurs as a result of such violation. Guest acknowledges and agrees that: (i) O&C may change its prices without notice prior to reservation or purchase by Guest, and (ii) Guest shall be responsible for all charges, fees, duties, taxes, and assessments arising out of Guest’s use of O&C’s travel services by and through its Digital Platforms and Guest’s Journey. Guest acknowledges that some Suppliers and/or Service Providers may require Guest to sign a liability waiver or other forms prior to using their services, and Guest understands that Guest’s unwillingness to do so may result in a cancellation of his/her reservation(s), being denied access to the Supplier’s and/or Service Providers’ services, and/or forfeiting any monies paid for such reservation(s), in accordance with applicable Supplier and/or Service Provider’s terms and conditions.
Guest’s reservation/purchase may be non-refundable and non-cancellable. Any cancellation or change, if permitted, is subject to these Booking Terms and Conditions and O&C’s policies. At the time of reservation/purchase, Guest’s credit/charge card may be charged the total cost of the Tour Package and/or Journey that Guest selected, including taxes and fees (but excluding any mandatory hotel-imposed charges that may be applicable upon check out from the hotel). If applicable, certain mandatory hotel-imposed charges are payable to the property upon check-out (e.g., mandatory resort fees); any incidental charges that Guest incurs during Guest’s stay will be charged to Guest by the property upon check-out, including but not limited to parking, phone calls, internet access, room service, and damage to the room or property. Some properties have age requirements; please check with O&C for more information. Guest’s reservation/purchase includes the products/services that Guest selected; therefore, if baggage, seat-selection, or similar ancillary items were not included in those products/services, additional Service Provider and/or Supplier fees may apply. If Guest purchased a flight, Guest’s flight is not confirmed until ticketed. Once ticketed, the name on the ticket cannot be changed and tickets are non-transferable. If permitted, and Guest chooses to change Guest’s reservation/purchase, Guest may incur a change fee and shall be responsible for any difference in the fare attributable to the change. If Guest’s reservation/purchase includes arrangements made by O&C with multiple Service Providers and/or Suppliers, and if cancellation is made by Guest for one or more Service Providers or Suppliers and not the other(s), Guest will not be refunded for the portion of Guest’s trip for which cancellations are not permitted and Guest will be required to (1) cancel Guest’s entire trip if travel has not commenced or (2) if travel has commenced, Guest will not be entitled to a refund of any remaining portion of the Journey and/or Tour Package . If cancellation is permitted, Guest may incur a cancellation fee. Upon receipt, Guest is responsible for promptly reviewing Guest’s reservation/purchase and confirmation/itinerary for accuracy and immediately notifying O&C of any errors.

Age And Responsibility
Guest represents and warrants that: (i) Guest is of sufficient legal age to use O&C travel services and to create binding legal obligations for any liability Guest may incur as a result of the use or purchase of any O&C travel service, (ii) Guest shall supervise all use of O&C travel service by Minors and others using Guest’s name or account, and (iii) all information supplied by Guest, or using Guest’s name or account, in using O&C travel services is true, complete, and correct. Guest acknowledges and agrees that: (i) Guest is financially responsible for all uses of O&C travel services by Guest and those using Guest’s name and/or account, (ii) some Service Providers and/or Suppliers have age requirements and restrictions for use of their products and services, and Guest and those traveling with Guest shall be subject to such requirements and restrictions, and (iii) should Guest make a reservation and/or purchase for other people, Guest agrees to inform those people of all terms, conditions, policies, rules, and restrictions that apply.
 
Disclaimer Regarding Service Providers And Suppliers
SERVICE PROVIDERS AND SUPPLIERS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OR AGENTS OF O&C. O&C ACTS SOLELY AS A TOUR OPERATOR FOR GUESTS AND IS NOT LIABLE FOR, INCLUDING, WITHOUT LIMITATION, THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, OR NEGLIGENCE OF ANY SUCH SERVICE PROVIDERS OR SUPPLIERS OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOSS, ACCIDENT, DELAY, IRREGULARITY, OR ANY OTHER DAMAGES OR EXPENSES RESULTING THEREFROM, WHETHER DIRECTLY OR INDIRECTLY. O&C SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, SCHEDULE CHANGE, CESSATION OF OPERATIONS, LABOR DISPUTE, STRIKE, ACTS OF GOVERNMENT, ACTS OF WAR, TERRORISM, DISEASE, QUARANTINE, WEATHER OR OTHER FORCE MAJEURE EVENT OR OTHER CAUSE BEYOND O&C’S DIRECT CONTROL (EXCEPT WHERE REQUIRED UNDER APPLICABLE LAW). O&C HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, CANCELLATIONS OR RE-ROUTING CAUSED BY ANY ACTS OR OMISSIONS OF ANY SUPPLIER, SERVICE PROVIDER, OR GOVERNMENTAL AUTHORITY. THE FACT THAT O&C INCLUDES OR OFFERS ANY PRODUCT OR SERVICE DOES NOT MEAN O&C IS ENDORSING OR RECOMMENDING SUCH PRODUCT OR SERVICE. ANY AND ALL CLAIMS REGARDING ANY PRODUCTS AND SERVICES OFFERED ARE LIMITED TO CLAIMS AGAINST THE SERVICE PROVIDER AND/OR SUPPLIER OF SUCH PRODUCTS AND SERVICES. O&C HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH PRODUCTS OR SERVICES PROVIDED BY ANY SERVICE PROVIDER AND/OR SUPPLIER, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, DEATH, PROPERTY DAMAGE, LOSS, ACCIDENT, DELAY, IRREGULARITY OR ANY OTHER DAMAGES OR EXPENSES WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, OR OTHERWISE, OF SUCH SERVICE PROVIDERS AND/OR SUPPLIERS AND GUEST HEREBY EXONERATES O&C FROM ANY LIABILITY WITH RESPECT TO THE SAME.

No Warranties
TO THE EXTENT PERMITTED BY LAW, AND WITHOUT LIMITING THE GENERALITY OF ANY DISCLAIMERS SET FORTH IN OUR TERMS OF SERVICE, O&C MAKES NO WARRANTY OF ANY KIND REGARDING ITS WEBSITE AND ANYTHING PROVIDED ON OR THROUGH ITS WEBSITE, BROCHURES AND/OR MARKETING MATERIALS, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. O&C DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY OF THE CONTENT, DATA, OR INFORMATION FOUND ON/THROUGH ITS WEBSITE, BROCHURES AND/OR MARKETING MATERIALS (MUCH OF WHICH IS PROVIDED BY SERVICE PROVIDERS OR SUPPLIERS), AND O&C EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. O&C DOES NOT WARRANT THAT ITS WEBSITE, ITS SERVERS, OR ANY E-MAIL SENT FROM O&C ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO GUEST. SUCH WARRANTIES GIVE GUEST SPECIFIC RIGHTS WHICH MAY VARY FROM STATE TO STATE.

Severability
Should any provision of these Terms be contrary to or invalid by virtue of the law of any jurisdiction in which these Terms are attempted to be enforced, or for any other reason, said provision shall be deemed to be severed from these Terms and shall be of no effect, but all remaining provisions herein shall remain in full force and effect.

Written Notices
Except as otherwise expressly noted in this Contract, all written notices required by this Contract must be emailed to:

OTTER & CO INTERNATIONAL LIMITED
admin@otterand.co
Attn: Legal Department

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