TRAVELER TERMS AND CONDITIONS

Last updated [3/5/24]

These Traveler Terms and Conditions (these “Terms”) govern your (“you”, “your,” “user,” or “user’s”) access to and use of the website at farwesttravels.com (the “Website”), which is owned and/or operated by Farwest Travels LLC, a Washington limited liability company (“Company”, “we”, “us”, “our”), and any other products, mobile applications, or other apps or platforms that the Company offers. The Website and these other products, mobile applications, and other apps and platforms are collectively referred to as the “Company Programs.” These Terms also govern all Bookings (as defined in Section 5.1.1) and Trip Services (as defined in Section 5.1.2).

PLEASE READ THE FOLLOWING CAREFULLY:

THESE TERMS, TOGETHER WITH THE PRIVACY POLICY (AS DEFINED IN SECTION 4 BELOW) AND ALL OTHER DOCUMENTS THAT ARE INCORPORATED BY REFERENCE INTO THESE TERMS (HEREINAFTER COLLECTIVELY REFERRED TO AS THIS “AGREEMENT”), FORM A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE COMPANY. PLEASE READ ALL THE PROVISIONS OF THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR ACCESS TO, USE OF, AND BOOKINGS AND PURCHASES ON THE COMPANY PROGRAMS.

BY CONTINUING TO USE OR OTHERWISE ACCESS THE WEBSITE OR ANY OTHER COMPANY PROGRAM, YOU HEREBY AGREE TO BE BOUND BY ALL THE PROVISIONS OF THIS AGREEMENT.

AS SET FORTH IN MORE DETAIL IN SECTION 10 HEREIN, THE COMPANY RESERVES THE RIGHT, AT ITS DISCRETION AND AT ANY TIME, TO MAKE CHANGES TO ANY OF THE PROVISIONS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE TERMS AND CONDITIONS GOVERNING BOOKING A TRIP AND THE PRIVACY POLICY. YOU WILL BE BOUND BY ALL UPDATES TO THIS AGREEMENT AS MORE FULLY SET FORTH IN SECTION 10 OF THIS AGREEMENT.

NO CHANGES, ADDITIONS, OR DELETIONS BY YOU TO THIS AGREEMENT WILL BE ACCEPTED BY THE COMPANY. THUS, IF YOU DO NOT AGREE TO ALL THE PROVISIONS OF THIS AGREEMENT, YOU SHOULD NOT ACCESS OR OTHERWISE USE THE WEBSITE OR ANY OTHER COMPANY PROGRAMS, AND YOU SHOULD NOT BOOK A TRIP.

YOU SHOULD DOWNLOAD AND PRINT THIS ENTIRE AGREEMENT (INCLUDING, WITHOUT LIMITATION, THESE TERMS AND THE PRIVACY POLICY) FOR YOUR RECORDS.

PRIVACY NOTICE

YOU ARE DIRECTED TO SECTION 4.2 OF THIS AGREEMENT FOR A LINK TO THE PRIVACY POLICY. YOUR USE OF ANY COMPANY PROGRAM, INCLUDING, WITHOUT LIMITATION, BOOKING A TRIP, CONSTITUTES YOUR AGREEMENT TO OUR COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION, INCLUDING THE USE OF COOKIES, PURSUANT TO THE PRIVACY POLICY AND SECTIONS 4 AND 5.21. PLEASE READ THE PRIVACY POLICY AND SECTIONS 4 AND 5.21 CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT OUR COLLECTION, USE, STORAGE, DISCLOSURE, AND TRANSFER OF YOUR INFORMATION. IF YOU DO NOT AGREE TO ALL THE TERMS OF THE PRIVACY POLICY AND THIS AGREEMENT, YOU MAY NOT USE THE WEBSITE OR ANY OTHER COMPANY PROGRAM.

1. Definitions.

1.1 “Access Right” has the meaning set forth in Section 2.1 herein.

1.2 “Booking” and “Book a Trip” have the meanings set forth in Section 5.1.1 herein.

1.3 “Company IP Assets” has the meaning set forth in Section 3.2.3 herein.

1.4 “Privacy Policy” has the meaning set forth in Section 4.2 herein.

1.5 “Company Server” or “Server” means the computer software or hardware that serves and hosts the Website or Company Programs to users across the Internet.

1.6 “Content” means any data, information, messages, text, photos, graphics, videos, messages, tags, works, material or any other content, including, without limitation, any personal identifiable information.

1.7 “Host” means the influencer, entrepreneur, or other business that hosts a Trip which Travelers can then Book by using the Website or other authorized Company Program.

1.8 “Traveler” means an individual who Books a Trip using the Website or any other Company Program.

1.9 “Trip” means a travel itinerary with dates and a price that is offered by the Company on the Website or another Company Program.

1.10 “Trip Leader” means the representative assigned by the Company to coordinate logistics and oversee the group.

1.11 “Trip Payments” means the payments that are made by a Traveler for a Trip and that the Company will use to pay the deposits, fees, charges, and invoices of the third parties that will provide the services for the Trip pursuant to the terms and conditions of the Booking.

1.12 “Trip Services” has the meaning set forth in Section 5.1.2 herein.

1.13 Workshops and Informal Gatherings. Workshop services are designed and executed by your Host. While your Trip Leader may assist in the facilitation of these services, the Company is not responsible for the execution, content or quality of this service type.

2. ACCESS AND CONDITIONS OF USE OF WEBSITE AND ANY OTHER COMPANY PROGRAMS

2.1 Subject to the provisions in this Agreement, Company hereby grants to a user a non-exclusive, revocable, and limited right to access and use this Company Website and Company Programs (“Access Right”). Company reserves the right to suspend or revoke this Access Right at Company’s discretion without notice. Notwithstanding the foregoing Access Right, Company also has the right to change, suspend, or discontinue any or all aspects or features of the Website or any Company Program at any time, and from time to time, including the availability of any Content or features on the Website or any Company Program.

2.2 User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the Website or any Company Program, including, without limitation, Internet connections, modems, hardware, software, and long distance or local telephone service.

2.3 As a condition of each user’s use of the Website or any Company Program, the user covenants to Company that: (a) user shall not use the Website or any Company Program: (i) for any unlawful purpose or for any purpose that is prohibited by this Agreement; or (ii) in any manner that could damage, disable, overburden, or impair the Website or any Company Program or that could interfere with any other party’s use and enjoyment of the Website or any Company Program; and (b) user shall not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Website or any Company Program.

2.4 Notwithstanding any assistance that Company may provide, the user assumes sole responsibility for the uploading and updating of any of the user’s Content that is contained in the Website or any Company Program.

2.5. User further agree as follows:

2.5.1 Without limiting the generality of the foregoing, user agrees to all the following provisions:

(a) User will not upload to, distribute, or otherwise publish through the Website or any Company Program any Content that is unlawful, libelous, defamatory, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, obscene, or otherwise objectionable;

(b) User will not upload or transmit any Content that would violate the rights of any party, would constitute or encourage a criminal offense, or would otherwise create liability or violate any applicable local, state, federal, or international law,

(c) User will not upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party anywhere;

(d) User will not impersonate any person or entity or otherwise misrepresent the user’s affiliation with a person or entity;

(e) User will not distribute or publish unsolicited promotions, advertising, or solicitations for any goods, services, or money, including junk mail and junk e-mail;

(f) User will not use the Website or any Company Program for purposes not authorized by Company; and

(g) User will not use the Website or any Company Program for any illegal purpose or any fraudulent scheme or transaction.

(h) User agrees to the Community Guidelines as outlined here: https://farwesttravels.com/pages/community-guidelines

2.5.2 User hereby grants Company a perpetual, worldwide, transferable, fully paid-up right to use any of the user’s Content to:

(a) provide the user with the Trip Services pursuant to this Agreement;

(b) assist or coordinate with any claims arising out of the use of the Website or any Company Program, including without limitation any claims involving any Host or Trip Leader; and

(c) carry on the Company’s business, operation, or corporate purpose.

2.6 User agrees to all of the following provisions:

2.6.1 User is prohibited from violating or attempting to violate the security of the Website, any Company Program, or any Company Server, by, among other things, (i) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any other user, host, or network; or (iv) sending unsolicited e-mail, including promotions or advertising of products or services.

2.6.2 Any violations of any system or network security (including, without limitation, the Website, any Company Program, and any Company Server) may result in civil or criminal liability; and

2.6.3 The Company has the right to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. The Company also reserves the right to comply with warrants, court orders, and subpoenas and to disclose to law enforcement agencies any information about any user and anything a user does with respect to the Website or any Company Program. By user’s use of the Website or any Company Program, user hereby authorizes the Company to take such action.

2.7 If the user uploads, transmits, or otherwise contributes any Content (either owned by the user or otherwise) to the Website or any Company Program, the user hereby represents and warrants to the Company that the user has the lawful right to distribute and reproduce such Content. Also, the user is solely responsible for its conduct (and the conduct of its users) while using the Website or any Company Program, including, without limitation, all Content in any folders or web pages (if any), or through any other transactions or interactions user generates, transmits, or maintains via the Website or any Company Program. The Company takes no responsibility for any such online distribution or publication by the user or by any other party. The Company cannot and will not review every message or other Content that the user or any other party may generate or post, and the Company is not responsible for the Content thereof.

2.8 The Company hereby has the absolute right to terminate, immediately and without warning, any user’s access to the Website or any Company Program if the user violates any provision of this Agreement.

2.9 LIABILITY DISCLAIMER: The Content and Bookings published on the Website and other Company Programs may include inaccuracies or errors, including pricing errors. In particular, the Company does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies in, the information, photographs, videos, and descriptions of any accommodation, activity, meal, transport, and other travel products, including, without limitation, the package and Trip details and services displayed on this Website or other Company Programs. In addition, the Company expressly reserves the right to correct any pricing errors on our Website, Company Programs, and Bookings. In such event, if available, we will offer you the opportunity to keep your reservation at the corrected price or we will cancel your reservation without penalty.

 
3. COPYRIGHTS, TRADEMARKS, AND OTHER INTELLECTUAL PROPERTY RIGHTS; RESERVATION OF RIGHTS.

3.1 It is the Company’s policy to respect the copyright, trademarks, and intellectual property rights of others. The Company has the absolute right to (i) immediately terminate, without warning, all rights (including, without limitation, all Access Rights and any rights of any user who (in the Company’s determination) appear to infringe upon the copyright, trademarks, or intellectual property rights of others, and/or (ii) remove any such Content from a user from the Website or Company Program that, in Company’s determination, may infringe the copyright, trademarks, or other intellectual property rights of any third party.

3.2 Each user agrees to the following:

3.2.1 The Company or its licensors own all rights, title, and interest, in the U.S. and elsewhere, in and to all trademarks, service marks (whether registered or common law marks), logos, and any other trade names that are displayed on or in the Website and other Company Programs or that are otherwise embodied in or associated with any of the Company’s other products and services (hereinafter collectively referred to as “Trademarks/Trade Dress”). User shall not use any Trademarks/Trade Dress for any commercial purpose.

3.2.2 All Content included on or made available through any Websites or any other Company Programs, including, without limitation, any text, graphics, logos, page headers, button icons, scripts, images, audio clips, digital downloads, and data compilations, and all copyrights contained or arising out of the foregoing, is and shall remain the sole property of the Company and is protected by United States and international copyright laws (collectively, “Works”).

3.2.3 Without limiting the provisions of Section 3.2.1 or 3.2.2 above, user hereby acknowledges and agrees that the Company or its licensors are the sole owners, worldwide, of all Trademarks/Trade Dress (as defined in Section 3.2.1 above), all Works (as defined in Section 3.2.2 above), and any and all other inventions, patents, logos, images, graphics, photos, videos, icons, content, features, functionalities, data, processes, techniques, software, website designs, copyrights, works, and all other intellectual property provided in, made available by using, or otherwise contained or embodied in, the Website and all other Company Programs, or otherwise used by the Company in the furtherance of its business (collectively “Company IP Assets”).

3.3 Company IP Assets are protected by the copyright, patent, trademark, and/or other intellectual property laws of both the United States and other countries. This Agreement shall not be interpreted to: (i) grant any rights to any user in or to any of the Company IP Assets except for the limited Access Right set forth in Section 2.1 of this Agreement; or (ii) transfer any rights in any Company IP Assets or in any other Company intellectual property rights from Company to any users.

3.4 A user shall not use any of the Company IP Assets beyond the Access Right without the Company’s prior written consent. Any rights not expressly granted herein to user are reserved to the Company. In addition to any other conditions on the user’s Access Right as set forth in this Agreement, the user’s Access Right is subject to the following additional conditions: (i) user shall not modify, disassemble, decompile or reverse translate, or create derivative works from any of the Company IP Assets or otherwise attempt to derive any source code of the same or let any third party do the same; (ii) no copyrighted material, content, or any other Company IP Assets may be downloaded, modified, copied, displayed, transferred, distributed, sold, published, broadcast, or otherwise used except as expressly stated either in such materials or in this notice without the Company’s prior written consent (which the Company may withhold in its sole discretion); (iii) user shall not remove, alter, cover, or obscure any copyright notices or other proprietary rights notices of the Company or any other party placed on or embedded in the Company IP Assets and shall otherwise retain all such notices on all copies of the same; and (iv) use of any of the Company IP Assets is prohibited unless user is an authorized user in good standing. Unauthorized use is a violation of copyright and other intellectual property rights and is actionable under law.

3.5 User agrees to keep strictly confidential all Company IP Assets that have not been made publicly available by the Company. User’s obligation under this Section shall endure indefinitely.

4. PRIVACY.

4.1 User agrees that, if the user has any Content or any login or password that it uses in association with the Website or Company Program or is otherwise used in association with any Trip Service, (i) the user is solely responsible for maintaining the confidentiality of the same; (ii) the user is solely responsible for all uses of its login and password regardless of whether these uses are authorized by the user; and (iii) the user will immediately notify the Company of any unauthorized use of the user’s login and password.

4.2 Each user’s access to and use of the Website or any other Company Programs, including, without limitation, Booking a Trip, are subject to the Company’s Privacy Policy, which is available at https://farwesttravels.com/pages/privacy-cookies. The Privacy Policy, as it may be amended from time to time, is incorporated by reference into this Agreement (“Privacy Policy”). THE COLLECTION, USE, DISCLOSURE, AND PROCESSING OF A USER’S PERSONAL INFORMATION IS GOVERNED BY THE PRIVACY POLICY AND THIS AGREEMENT.

5. BOOKING A TRIP; SCOPE OF COMPANY’S TRIP SERVICES.

5.1 Booking; Company’s Trip Services for Travelers.

5.1.1 A Traveler may request to go on a Trip only on the Website or other Company Program and subject to this Agreement (“Book a Trip” and such a request is a “Booking”).

5.1.2 If a Booking is accepted by the Company pursuant to Section 5.4, the Company’s services (the “Trip Services”) will include, as set forth on the Website or other Company Program advertising the Trip and the Trip confirmation email: (i) paying the Host and other vendors and suppliers; (ii) coordinating with vendors and service providers to reserve accommodations, activities, and transportation; (iii) curating and designing the experiences and itinerary for the Trip; (iv) offering travel insurance; (v) paying administrative fees; and (vi) providing a Trip Leader throughout the Trip to facilitate the Travelers’ movement through the itinerary.

5.2 Down Payment. You are required to pay a down payment (“Down Payment”) at the time you Book a Trip. The amount of the Down Payment is 30% of the total amount you will be obligated to pay the Company for the Booking (the “Trip Price”). If the Company accepts your Booking and sends you a confirmation email pursuant to Section 5.4, the Down Payment will immediately and automatically become non-refundable. If the Company does not accept your Booking, the Company will refund the Down Payment in full. If you cancel your accepted Booking more than 150 days before the departure date identified in the Booking (the “Departure Date”), you will be permitted to use the Down Payment (less any applicable cancellation fee) for a future Booking that you request and that is accepted within 12 months from the canceled Booking’s Departure Date. If you do not Book a Trip that is accepted within 12 months after the canceled Booking’s Departure Date, the Company will retain the Down Payment, and you will not be able to use it for a future Booking. If you cancel your accepted Booking 150 or fewer days before the Departure Date, you will not be permitted to use any portion of the Down Payment for a future Booking because the Company must pay non-refundable deposits to third parties and expend substantial time and effort in connection with the Booking during the 150-day period before the Departure Date.

5.3 Payments through Affirm: If a Traveler chooses to finance their trip through Affirm, the Terms remain binding and valid in all respects, including, without limitation, all payment obligations. Your payment agreement with Affirm is separate from these Terms, and you will be subject to Affirm’s terms and conditions.

5.4 Acceptance of Booking and Final Payments. If the Company accepts your Booking, we will send you a confirmation email. Please refer to your Booking confirmation email for payment details. Payments, other than the Down Payment, made towards the Trip Price are referred to as the “Additional Payments.” Payment of the balance of the Trip Price is due on the later of the date that is 150 days before the Departure Date or the date that is 3 days after the Booking confirmation email is sent. If the balance of the Trip Price is not paid by the due date, we reserve the right to cancel your Booking. If we cancel your Booking because you do not pay the Trip Price in full by the due date, you will not receive a refund of any prior Down Payment or Additional Payment that you made in connection with the canceled Booking, and you will not be permitted to use the Down Payment or any Additional Payments related to the canceled Booking for any future Trips.

5.5 Prices & Surcharges. Prices are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means prices may vary at any time. It is likely that different passengers on the same trip have been charged different prices. Discounts cannot be combined. A maximum of one discount may be applied per traveler per Booking. Any reduced pricing or discounts that may become available after you have paid your Down Payment will not apply to your Booking. Prices are all presented in US dollars. We reserve the right to impose surcharges up to 60 days before the Departure Date due to unfavorable changes in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. In such instances, we will be responsible for any amount up to 2% of the Trip Price and you will be responsible for the balance. If any surcharge results in an increase of more than 10% of the Trip Price, you may cancel the booking within 14 days of notification of the surcharge and obtain a full refund. Please note that a surcharge may be applied to all purchases made by credit card.

5.6 Your Information. In order for us to provide the Trip Services, you must provide all requested information within two weeks of booking your trip. Necessary details vary by Booking, and may include, without limitation, your full name as per your 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 Trip. Failure to provide the requested information two weeks after your booking date may result in additional charges or cancellation of your Booking.

5.7 Cancellation by the Traveler. If you cancel some or all portions of your Trip, we will charge you a cancellation fee of at least $100. A cancellation will only be effective when we receive written confirmation of the cancellation.

5.7.1 A cancellation fee in excess of $100 will apply if specified in the confirmation email from us. If you leave a Trip for any reason after it has commenced, we will not make any refunds or provide any credit for future Bookings. If you fail to join a Trip, join it after departure, or leave it prior to its completion, no refund or credit for future Bookings will be made. The above cancellation fees are in addition to fees which may be levied by accommodation providers, travel agents, and third-party tour and transport operators. We are not responsible for any unfavorable exchange rate fluctuations that may lead to a smaller refund in your local currency.

5.8 Cancellation by the Company.

5.8.1 For any Reason. We may cancel a Booking for any reason up to 45 days before the Departure Date. Except as provided below, if we cancel your Booking, you can transfer the Down Payment and Additional Payments to an alternate Booking or receive a full refund. In case of any cancellation for any reason, we are not responsible for any incidental expenses that you may have incurred as a result of your Booking, including, without limitation, visa fees, vaccination expenses, unfavorable exchange rate fluctuations, travel insurance premiums and deductibles, and non-refundable airfare.

5.8.2 Force Majeure Event. Notwithstanding the above, the Company shall not be liable or responsible to you, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (including without limitation any terms of a Booking), when and to the extent such failure or delay is caused by or results from acts beyond the Company’s reasonable control (“Force Majeure Event(s)”), including, without limitation: (a) acts of God; (b) flood, fire, earthquake, pandemics, epidemics, drought, bushfire, storm or other natural disaster, explosion, or public health and safety emergency; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; and (h) shortage of adequate power or transportation facilities. In case of a Force Majeure Event, the Company shall reschedule your Booking for a future date and provide you with written notice of the same. Within 30 days of notice of the Force Majeure Event, you may cancel the rescheduled Booking, and you will be granted a credit In the amount of the Down Payment and either a credit or a refund of the Additional Payments.

5.8.3 Violation of Community Guidelines. We may cancel a Booking without any refund to you or any credit for future Bookings and remove you from a Trip and all Company Programs if you violate any of the Community Guidelines, which are listed at https://farwesttravels.com/pages/community-guidelines.

5.9 Cancellation by or Removal of Host.

5.9.1 Except in the case of a Force Majeure Event, if the Host cancels your Trip and/or Booking prior to 45 days of the Departure Date, you can use the Down Payment and Additional Payments for a different Booking or receive a full refund.

5.9.2 Except in the case of a Force Majeure Event, if the Host cancels their participation in your Trip within 45 days of the Departure Date, the Trip will continue as planned and the Booking shall remain subject to these terms including, without limitation, the Traveler cancellation restrictions in Section 5.7 above.

5.9.3 In case of any cancellation for any reason, we are not responsible for any incidental expenses that you may have incurred as a result of your Booking, including but not limited to, visa fees, vaccination expenses, unfavorable exchange rate fluctuations, travel insurance premiums and deductible, and non-refundable airfare.

5.10 Inclusions & Exclusions. The Trip Price covers the following items to the extent they are listed in the Booking:

All accommodations
All transportation
Activities
Meals
Trip Leader’s fees

Otherwise, the Trip Price does not include any other services or products unless they are expressly included in the Booking. Pursuant to the foregoing, the Trip Price excludes, without limitation, the following:

International or internal flights
Taxes and excess baggage charges
Unlisted Meals and Beverages
Visa and passport fees
Travel insurance
Optional activities and all personal expenses
Tour guide tips

5.11 Age & Health Requirements. You must be at least 18 years of age to Book a Trip. If you Book a Trip for an additional Traveler who is a minor or if you bring a minor to a Trip, you must be at least 25 years of age, be legally authorized to act on behalf of the minor, and provide an executed guardian waiver in a form acceptable to the Company, in its sole discretion. You are solely responsible for the supervision of that minor. By Booking a Trip, you affirm you are at least 18 years of age. It is your sole responsibility to ensure that you are suitably fit to participate in the Trip and to obtain proper and detailed medical advice for the latest health requirements and recommendations for your destination. The Company reserves the right to remove any Traveler or deny any service to a Traveler due to concerns over the health and safety of the individual or the group as a whole. Any health or safety-related removal or denial is at the discretion of the Company and/or the authority on Trip.

5.12 Passport and Visas. You must carry a valid passport and obtain all the appropriate visas, permits, and certificates for the countries that you will visit during your Trip. Your passport must be valid for 6 months beyond the duration of the Trip. It is your sole responsibility to ensure that you are in possession of the correct visas, permits, and certificates for your Trip.

5.13 Travel Insurance. Travel insurance is recommended for all our Travelers and should be taken out at the time of Booking. Your travel insurance should provide cover against personal accident, death, medical expenses, and emergency repatriation with a recommended minimum coverage of $200,000 USD for each of the categories of coverage. We strongly recommend the travel insurance policy include coverage for cancellation, curtailment, personal liability, and loss of luggage and personal effects. If travel insurance is required for a Trip, you will be notified. If a Traveler has travel insurance for a Trip, the policyholder and policy number in the Traveler’s name must be provided to the Company no later than 72 hours prior to the Departure Date.

5.14 You agree 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 representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities, and mode of transport are subject to alteration without prior notice, and the Company is not liable for any such changes.

5.15 Change of Itinerary. The Company reserves the right to change the Trip itinerary. Please refer to our Website or other Company Programs before departure for the Company’s ’s most recent updates to the Trip itinerary.

5.15.1 Before Departure. If the Company makes a major change before the Departure Date, we will inform you as soon as reasonably possible. The definition of a major change is a substantial alteration to an itinerary, including, without limitation, the length of stay, Departure Date, and an overnight stay outside of a 100-mile radius of the advertised location.

5.15.2 When a major change is made, you may choose between accepting the new itinerary, or canceling your Trip and obtaining a credit, without penalty, to be used on a future Booking.

5.15.3 After Departure. The Company reserves the right to change an itinerary after the Departure Date due to local circumstances or events outside of their control. The additional cost of any necessary itinerary alterations will be your sole responsibility. Please note we are not responsible for any incidental expenses that may be incurred, including, without limitation, expenses incurred as a result of the change of itinerary such as visa fees, vaccination expenses, or non-refundable airfare.

5.16 Authority on Trip. If you fail to comply with a decision made by a Trip Leader identified by the Company, or if you interfere with the well-being or mobility of the group, the Trip Leader , if identified in the Booking, may direct you to leave the Trip immediately, with no right of refund or credit. The Company may also elect to prohibit you from Booking a Trip or using any Company Programs. 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 Company’s responsible travel guidelines.

5.17 Acceptance of Risk. You acknowledge that the nature of the Trip is adventurous and participation involves a degree of personal risk. You will be visiting places where the political, cultural, and geographical attributes may present dangers and physical challenges greater than those present in your daily life. It is your sole 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.

5.18 Optional Activities. Optional activities not included in the Trip Price do not form part of the Booking or this Agreement. You accept that any assistance given by your group leader or local representative in arranging optional activities does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider.

5.19 Claims & Complaints. If you have a complaint about your Trip, please inform your Trip Leader so 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 the Company within 30 days of the end of the Trip.

5.20 Photos and Marketing. You consent to our use of images of you on 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.

5.21 Privacy Policy Governs Bookings. Any personal information that we collect about you may be used to handle your Booking and provide Trip Services. We may disclose your personal information to our agents, service providers, or other suppliers to provide the Trip Services. In all other respects, we will use your personal information in accordance with the Privacy Policy.

5.22 Pre-Trip Behavior. The Company may cancel a Booking at any time prior to the Departure Date due to any Traveler actions, inactions, communications, or any other behavior that the Company deems to be a security concern or that may impact the dynamic and safety of the Trip, as determined by the Company in its sole discretion. In the event of such cancellation, you may not be entitled to any refund or compensation. The Company may also elect to prohibit you from Booking a Trip or using any Company Programs.

5.23 COVID-19 Vaccination Requirements. Some Hosts may require that all Travelers on the Trip are fully vaccinated against COVID-19. This requirement will be displayed via website copy at the time of Booking. If required, on the Departure Date, all Travelers must certify that they have been fully vaccinated as defined by the relevant national authority. The Host vaccination requirement is in addition to the vaccination and/or testing requirements enforced by the local authorities within the destination of travel. The Company will not facilitate the collection of proof in regards to vaccination status and is not responsible for providing or verifying this information. The Host is solely responsible to implement, administer, and enforce such vaccination requirement. Traveler agrees and acknowledges that the Company disclaims all liability related to such vaccine requirements and the implementation and enforcement of such requirements.

5.24 Luggage Restrictions. All travelers are allowed to bring one large piece of luggage not exceeding 23kg (50lbs) in weight, with the dimensions (30” x 18” x 10”), one small carry-on (12”x11”x6”), and a personal item. Any additional luggage brought on a Trip without the Company’s pre-approval may result in additional storage fees to be paid by the Traveler.

5.25 On-Trip Behavior:
The Company or authority on Trip reserves the right to remove a Traveler at any time while on a Trip due to the Traveler’s actions, inactions, communications, or any other behavior that the Company deems to be a security concern or that may impact the dynamic and safety of the Trip, as determined by the Company in its sole discretion. In the event of such removal, the Traveler may not be entitled to any refund or compensation. The Company may also elect to prohibit the Traveler from Booking a Trip or using any Company Programs.

5.26 Early Departure from a Trip: Any additional fees or costs incurred due to an early departure from the Trip, whether voluntary or at the request of the Company or the authority on trip, are the sole responsibility of the Traveler. This includes official removal from the Trip due to behavior, violation of the Community Guidelines, and/or health and safety concerns.

6. DISCLAIMERS; LIMITATION OF LIABILITY.

THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, OR OTHER COVENANTS TO THE TRAVELER OR ANY OTHER USER REGARDING THE WEBSITE, ANY OTHER COMPANY PROGRAMS, ANY TRIP, ANY TRIP SERVICES, ANY OTHER COMPANY IP ASSETS, AND ANY OTHER CONTENT PROVIDED THEREIN; AND THE WEBSITE, ANY OTHER COMPANY PROGRAMS, ANY BOOKINGS, TRIP SERVICES, ANY COMPANY IP ASSETS, AND ANY OTHER CONTENT PROVIDED THEREIN ARE ALL PROVIDED TO A TRAVELER AND ALL OTHER USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND.

THE COMPANY HEREBY EXPLICITLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY PRODUCTS OR SERVICES OF ANY HOST OR ANY OTHER THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY OF THE FOLLOWING WITH REGARD TO THE FOREGOING: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

FOR PURPOSES OF THIS SECTION 6, THESE THIRD-PARTY PRODUCTS AND SERVICES INCLUDE PRODUCTS OR SERVICES OF HOSTS.

EXCEPT IN CASES OF GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR KNOWING VIOLATIONS OF LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INJURY, PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S AGGREGATE LIABILITY TO A TRAVELER ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING WITHOUT LIMITATION ARISING OR RELATED TO A TRAVELER’S BOOKING OR TRIP), WHETHER ARISING OUT OF OR RELATING TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE TOTAL OF THE AMOUNTS PAID BY THE TRAVELER TO THE COMPANY FOR THE TRIP SERVICES.

7. INDEMNIFICATION. You hereby agree to defend, indemnify, and hold harmless the Company, its affiliates, and their officers, managers, directors, members, employees, agents, licensors, content providers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) resulting from your violation of this Agreement, including, without limitation: (a) any unauthorized use of the Website, any Company Programs, any Company IP Assets, or any Content thereof; or (b) any actions of a Traveler during a Trip.
8. LINKS TO THIRD-PARTY WEBSITES. The Website, other Company Programs, and our confirmation email about a Trip may contain links to third-party websites. These links are provided for your convenience only. The Company has no control over third-party websites, and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from the Website, other Company Programs, or the confirmation email about a Trip, you do so entirely at your own risk, and your use of those third-party websites is subject to their terms and conditions and privacy policies.
9. GOVERNING LAW; JURISDICTION, DISPUTES. READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND COMPANY MAY HAVE AGAINST EACH OTHER ARE DETERMINED.

9.1 Governing Law. We control and operate the Website and our Company Programs from the State of Washington in the United States of America. While we invite users from all parts of the world to visit the Website and other Company Programs and to Book a Trip, each user hereby acknowledges and agrees that the Website, other Company Programs, all Bookings, and all Trip Services are governed by the laws the State of Washington, without regard to any conflict of law principles that would cause any other jurisdiction’s laws to apply, to the maximum extent permitted by law. Accordingly, you agree that the laws of the State of Washington govern this Agreement, including, without limitation, our Privacy Policy, and your use of the Website, any other Company Programs, and our Trip Services.

9.2 Jurisdiction. You agree that the exclusive forums for any claim or dispute with us (or any of our affiliates) relating to or arising out of this Agreement shall be the federal or state courts in the State of Washington, USA, and you further agree and consent to the exercise of those courts’ personal jurisdiction over you in connection with any such claim or dispute, regardless of your location at the time of the dispute.

9.3 Prohibition of Class or Representative Actions. You and the Company agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action.

10. CHANGES TO THIS AGREEMENT.

BY USING THE WEBSITE OR ANY COMPANY PROGRAM (INCLUDING, WITHOUT LIMITATION, BOOKING A TRIP), YOU HEREBY AGREE AS FOLLOWS:

10.1 The Company reserves the right, at our discretion and at any time, to make changes to any of the provisions of this Agreement, including, without limitation, the terms and conditions governing a Booking and the Privacy Policy (“Updates”).

10.2 The Company may, but will not be obligated to, post notices of Updates on the homepage of the Website.

10.3 Your continued use of the Website, any other Company Program, or any Trip Services shall automatically constitute such your acceptance of and consent to all the Updates, and you will thereafter be bound by such Updates.

10.4 If you do not agree to such Updates, you should immediately discontinue using the Website, all other Company Programs, and all Trip Services.

11. MISCELLANEOUS PROVISIONS.

11.1 Entire Agreement; Waiver; Severability. This Agreement constitutes the entire agreement between the Company and each user (including without limitation each Traveler) with respect to the subject matter hereof and supersedes and replaces any prior agreements we might have had between us regarding such subject matter. The Company’s failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights. If any provision in this Agreement is unenforceable or void by operation of law, such provision shall be deemed to be severed from this Agreement or amended only to the extent necessary to allow all other provisions to remain binding.

11.2 Remedies. User acknowledges that monetary damages may not be a sufficient remedy for unauthorized use of the Website, any other Company Program, or any Company IP Assets, and therefore, each user hereby agrees that the Company shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court or arbitration panel of competent jurisdiction without necessity of posting a bond and without having to plead and prove lack of an adequate remedy at law.

11.3 Attorney Fees. If any suit or action is filed by any party to enforce this Agreement or otherwise with respect to the subject matter of this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court and, if any appeal is taken from the decision of the trial court, reasonable attorney fees as fixed by the appellate court.

11.4 Binding Effect; No Assignment by Client; Permissible Assignment by Company. This Agreement shall be binding upon and inure to the benefit of each party’s respective successors and lawful assigns; provided, however, that user (including without limitation the Traveler) may not assign this Agreement, in whole or in part, without the prior written consent of the Company (which it may or may not grant in its discretion). Any purported assignment in violation of this Section 11.4 shall be void. The Company shall have the right to assign this Agreement, or any part of it, in its sole discretion, to any party, and all covenants and agreements hereunder shall inure to the benefit of and be enforceable by such successors and assigns.

12. CONTACT INFORMATION.

If you have questions or comments about this Agreement, the Website, or the Company Programs, please write or email us at the contact information below:

Farwest Travels LLC
PO Box 352
Yacolt, WA 98675
Email us: hi@farwesttravels.com