Booking Terms and Conditions

11. Amendment, Transfer and Cancellation by You

Any cancellation, transfer or amendment request must be made and sent to us in writing by email to info@referea.com and is effective from the date received by us.

 

11.1. Amendments

If after our booking confirmation has been issued, you wish to change your trip arrangements in any way, we will do our best to assist you in amending your trip after booking, but, subject to your right to transfer under the Section 11.2. below, we cannot guarantee that this will always be possible. Any request for changes must be in writing from the lead named person on the booking. You will be required to pay an administration charge of 100 EUR in addition to the costs we incur in making those amendments. If we are unable to make the amendments and you decide to cancel, we require you to pay us cancellation charges in accordance with Section 11.3. below.
 

11.2. Transfers

You may transfer your booking to another person who satisfies all the conditions applicable to your booked trip.  We must receive at least 7 days’ written notice from you in order to make such a transfer. Any additional fees, charges or other costs incurred as a result of transferring your booking will be passed on to you with these costs being advised to you before we effect any transfer. We will also charge an amendment fee of 100 EUR for any transfer. You and the person to whom you transfer your booking shall be jointly responsible and liable to us for the payment of the balance due and for any such additional fees, charges or other costs. 

 

11.3. Cancellation

You, or any person of your Booking Party, may cancel your trip at any time before the start of the trip. The cancellation will take effect from the date that we receive written notification of cancellation from you. We will accept notification of cancellation by email to info@referea.com, on the understanding that you agree and accept that where you are shown as the sender of the email, we will be entitled to assume that such email has been sent by you. 

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Upon cancellation, the deposit and any amendment charges will be forfeited. Cancellation charges are expressed at a percentage of quoted price as follows:

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• more than 90 days before trip start date - 25% or Deposit only (Get back 75% or Deposit of what you paid)

• 61 to 90 days before trip start date - 50% (Get back 50% of what you paid)

• 31 to 60 days before trip start date - 75% (Get back 25% of what you paid)

• 30 days or less - 100% (No refund possible)

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11.4. In all cases, where cancellation results in us making a refund payment to you, such payment will be made to you as the lead name on the booking. All refunds will be paid within 14 days of cancellation. You acknowledge, understand and agree that you are purchasing your trip in the currency (EUR, GBP, or USD) as stated in the Booking Form and should any refunds or credits be given at any point after the time of purchase, you will be compensated in the same currency you used to purchase our product or services. Referea is not responsible for changes in and fluctuations of exchange rates and hence you acknowledge, understand and agree the amount of your payment and your refund might not be the same. 

 

11.5. If you join the trip after departure, are forced to return home early, cut short your trip, or decide not to participate in any activity or skip any part of the trip provided for any reason you understand, acknowledge and agree that we will not be required to issue a refund of the cost of trip or any part of the trip or activity you have not used, not completed, decided not to participate or be liable for any associated costs you may incur.

 

11.6. We cannot provide refunds for any unused portion of your trip if you are quarantined or a Supplier refuses services for any reason such as, but not limited to, you exhibiting symptoms of or testing positive for infectious disease. 

 

11.7. We will not have any responsibility and liability to you, owe you a refund, or owe you any compensation for loss, damage or injury or anything else:

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• if you are infected with an illness, disease or sickness during your trip;

• if a third party Supplier refuses services (e.g. entry to facilities, SPA or transport); and

• if you show symptoms of or test positive for infectious disease or illness before, after or during your trip.

 

If your trip is going ahead, but you need to cancel due to Covid-19, our standard cancellation terms apply under this section.

 

11.8. There are no exceptions to this cancellation and refund policy, including, but not limited to, reasons related to weather, terrorism, civil strife, airline default, strikes, personal, family or medical emergencies or any other circumstances. This means that even if you cancel because of medical issues, virus, sickness, quarantine, travel restrictions/warnings, fear of traveling, missed flight or any other reason, your booking will be subject to this cancellation and refund policy.
 

12. Amendment and Cancellation by Us

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12.1. We may cancel your confirmed trip if you fail to comply with any of these Terms and any applicable Additional Terms. 

 

12.2. You agreed to conduct yourself in an orderly and acceptable manner, not to disrupt the enjoyment of others, and to comply with the laws, customs, foreign exchange, and drug regulations of all countries visited.

 

12.3. Our trips are run by a group leader. The decision of the group leader is final on all matters likely to affect the safety or well-being of any person participating in the trip. If in our opinion or in the opinion of any other person in authority, your behaviour or that of any member of your Booking Party is causing or is likely to cause distress, danger or annoyance to any other person in the goup or any third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your trip immediately with no further responsibility and liability to you.

 

12.4. You and/or your Booking Party may also be required to pay for loss and/or damage caused by your actions and you and each person of your Booking Party will be jointly and individually liable for any damage or losses caused. Full payment for any such damage or losses must be paid directly to us prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us because of your actions together with all costs we incur in pursuing any claim against you.

 

12.5. We cannot be held responsible or liable for the actions or behaviour of any person in the group or individuals who have no connection with your booked trip or with us. 

 

12.6. We and our Suppliers reserve the right, in its sole discretion, to cancel, vary, alter, make changes or postpone any trip, or any part of a trip without prior notice at any time prior to departure or during of a trip for the safety and/or comfort of travelers, if it is not viable or commercial impractical for us to operate, for circumstances of Force Majeure or for any other reason.

 

12.7. You understand, acknowledge and agree that the nature of this type of trip requires considerable flexibility and the itinerary provided for each trip is representative of the route, schedules, itineraries, activities, amenities, facilities, restaurants, and mode of transport included, but it is not a guarantee, and may be subject to alteration, changes or cancellation without prior notice due to availability issues, local circumstances, weather, or other unpredictable and unforeseen circumstances beyond the control of us.

 

12.8. In the circumstances amounting to Force Majeure we will not be required to refund any money to you. Apart from the Force Majeure, if we have to cancel a trip, we will offer our customers the following options:

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• A transfer, free of charge, to any future departure date of the same trip

• A transfer, free of charge, to any future departure date of different trip of the same value

• A full refund paid within 14 days

 

12.9. If a cancellation occurs after a trip has commenced we will offer the same choice on a pro-rata basis.

 

12.10. We cannot accept any responsibility and liability or pay compensation where the prompt performance of our contractual obligations is prevented or affected by, or you suffer any damage or loss as a result of Force Majeure. 

 

12.11. We shall not be deemed to be in breach of this agreement or otherwise liable to you, by reason of delay in performance, or by non-performance, of any of our obligations hereunder as a result of any cancellations, alterations or modifications under this section.

 

13. Pricing

 

13.1. We reserve the right to alter the prices of any trips advertised at any time before your booking is confirmed. 

 

13.2. We may offer special discounts or early bird pricing on selected trips. If you have previously cancelled a booking for a trip, you may not be entitled to re-book on the same or any similar trip with any promotion or discount applied.

 

13.3. The price of your trip is inclusive of taxes and VAT.

 

3.4. All payments taken on debit or credit card will be taken in EUR, GBP or USD as stated on the Booking Form and hence if you are a customer whose payment card is not denominated in taken currency, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

 

13.5. Referea is not responsible or liable for any charges levied or charged by third parties and/or financial institutions as a result of credit card or other payment transactions related to the purchase of our or products or services. Those fees are your responsibility and we will not refund or return those fees. 

 

13.6. Should you instruct your credit/debit card company to “charge back” any payment(s) properly due from you in respect of your booking, we will charge you a fee of 100 EUR per incident and associated costs. Additionally, you agree to reimburse us for our attorney’s fees, time, costs and expenses in rebutting the chargeback and pay any damages we suffer as a result of your chargeback dispute.  

 

13.7. We further reserve the right to cancel your booking and/or take legal action against you for all outstanding payment(s).

 

13.8. We reserve the right to make changes to and correct errors in advertised prices at any time before your travel is confirmed. We will advise you of any errors of which we are aware and of the then applicable price at the time of booking.

 

13.9. The transportation, facilities, activities, meals, and drinks provided by us are specific to each trip, and are listed on the Booking Form. Anything not expressly listed on the Booking Form as included on the trip is not covered by us, and is the financial responsibility of you. In addition, our trips do not include:

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• flights, hotels, accommodation

• food and meals (if otherwise not specified in the Booking Form)

• visa and passport fees, vaccinations, travel insurance

• optional activities, or other personal expenses.

 

14. Financial Protection

 

14.1. Referea provides services of locally guided day tours only, excluding provision of any other travel services such as hotels, airlines or transportation. Accordingly, we do not sell package holidays under the meaning of 944.3 Federal Act of 18 June 1993 on Package Travel, Directive (EU) 2015/2302 on Package Travel and Linked Travel Arrangements or any other equivalent legislation regarding The Package Travel and Linked Travel Arrangements Regulations applicable in other countries. As we are not subject to these regulations, this means you will not benefit from rights applying to packages and your money will not be financially or otherwise protected.

 

15. Service Providers

 

15.1. You acknowledge and understand that we use, purchase or reserve travel-related services from independent third party service providers and suppliers (collectively, "Suppliers"). Referea is acting at all times as an independent contractor for our Suppliers we use as part of the service. These services include but are not limited to transportation (by land, air and sea), facilities, guide services, meals, restaurant, activities and other travel-related services. The Suppliers have their own special terms and conditions or conditions of carriage, and these terms and conditions or conditions of carriage are binding between you and the Supplier. You can get copies of such terms and conditions or conditions of carriage from any offices of the relevant Suppliers. 

 

15.2. Referea does not own, operate, or control any of the services of Suppliers. The Suppliers terms and conditions or conditions of carriage may limit and/or exclude the Suppliers liability to you. We accept no responsibility or liability whatsoever of any Suppliers for their:

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• performance, delay, inconvenience;

• acts or omissions;

• loss and expense;

• death, accident, injury or illness or damage caused by any negligent or willful act or failure to act; and

• cancellations, strikes, timetable changes, diversions, technical issues unrelated to us, lost or mislaid luggage, rescheduling costs, missed accommodation, or delays which result from any operational decision of the Suppliers or the carrier concerned.

 

15.3. Referea and its owners, employees, shareholders, officers, directors, representatives, volunteers, successors, agents and assignees are not liable for any negligence, willful act, financial insolvency, or default of any Suppliers or any third party. 

 

15.4 We do not accept any responsibility or liability for any services which do not form part of our agreement. Any excursions and/or activities that you decide to purchase at any time from a hotel, other supplier or third party which we have not agreed to arrange or provide under our services, will not form part of your agreement with us. Your agreement for such excursions/activities will be made with the relevant supplier or third party and on that party’s terms and conditions and we have no responsibility or liability whatsoever for the performance of that excursion or activity.

 

15.5. Where we make or take any bookings for or from you in respect of any activity or excursion available, we do solely as booking agents. This is the case regardless of whether the activity is advertised or mentioned in our website or elsewhere. Your agreement for any such activity or excursion will be with the supplier or operator of that activity or excursion. We have no liability for any such activity or excursion or for any acts or omissions of the supplier or operator or for it/their employees or agents or any other persons connected with the activity or excursion. If we are found liable in any respect for any such activity or excursion for example in our capacity as booking agent, that liability is limited to the cost of the activity or excursion concerned.

 

15.6. Whilst we will endeavour to comply with any special requests we receive and pass it to our Suppliers, we or any of our Suppliers are unable to guarantee compliance with such requests and we or any of our Suppliers are not liable for any loss suffered in the event of such requests not being complied. As such, it is your sole responsibility to ask any necessary questions and to make informed decisions such as, but not limited to, your dietary needs or restrictions while traveling.

 

15.7. Any purchase of goods or services which you make while on the trip are solely at your risk, including, without limitation, such problems as defects, failure to ship or damage to goods while in shipment, whether or not the purchase was made from a vendor recommended by a guide, other person rendering trip services or any third party. Baggage is carried entirely at your risk. 

 

16. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

YOUR ACCESS AND USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REFEREA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF NON-INFRINGEMENT, MERCHANTABILITY, SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE WITH RESPECT TO THE SERVICES.

 

WE DO NOT PROVIDE OR AUTHORIZE THE PROVISION OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL ADVICE THROUGH THE SERVICES, AND SO WE DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL INFORMATION THAT IS CONTAINED WITHIN THE SERVICES. RATHER THAN RELYING ON THIS INFORMATION, YOU SHOULD SEEK ADVICE FROM A QUALIFIED PROFESSIONAL. WE DO NOT MAKE ANY REPRESENTATIONS REGARDING, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED IN THE SERVICES, OR AVAILABLE THROUGH LINKS IN THE FOREGOING.

 

REFEREA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE THAT:

 

• THE SERVICES IS AVAILABLE FOR USE IN ALL LOCATIONS;

• THE SERVICES IS APPROPRIATE, ACCEPTABLE OR SUITABLE FOR ANY PURPOSE;

• THE SERVICES WILL MEET YOUR REQUIREMENTS AND WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

• THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE;

• THE QUALITY OF THE SERVICES WILL MEET YOUR EXPECTATIONS;

• THE SERVICES WILL BE SUCCESSFUL IN RESPECT OF YOUR BUSINESS OR COMMERCIAL PERFORMANCE; AND

• ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

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REFERA DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES OR TYPOGRAPHICAL ERRORS RELATING TO THE SERVICES (INCLUDING, WITHOUT LIMITATION, PHOTOGRAPHS, GENERAL PRODUCT AND SERVICE DESCRIPTIONS, COMMENTS, REVIEWS).

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REFEREA IS NOT RESPONSIBLE OR LIABLE FOR ANY ASPECT OF THE CONTENT. THE CONTENT OF THE USER IS NOT MODERATED, APPROVED OR ENDORSED BY REFEREA. ACCORDINGLY, NO CONTENT  CONSTITUTES A REPRESENTATION BY REFEREA, NOR DOES REFEREA ACCEPT ANY LIABILITY FOR THE LEGALITY, VALIDITY, ACCURACY OR SUITABILITY OF ANY CONTENT OF THE USER. YOU AGREE THAT REFEREA IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT ENDORSE, ANY CONTENT POSTED ON SOCIAL MEDIA PLATFORMS OR USING THE SERVICES. REFEREA DOES NOT HAVE ANY OBLIGATION TO PRE-MODERATE, MONITOR, EDIT OR REMOVE ANY CONTENT. IF YOUR CONTENT VIOLATES THESE TERMS OF THIS AGREEMENT AND ANY APPLICABLE ADDITIONAL TERMS, YOU BEAR LEGAL RESPONSIBILITY FOR THAT CONTENT.

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REFEREA AND OUR AGENTS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS AND SUBCONTRACTORS WILL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRE-CONTRACT OR OTHER REPRESENTATIONS (OTHER THAN FRAUDULENT ON NEGLIGENT MISREPRESENTATIONS) OR OTHERWISE OUT OF OR IN CONNECTION WITH THE TERMS OF THIS AGREEMENT, ANY ADDITIONAL TERMS, AND THE SERVICES FOR ANY:

 

• ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, DATA, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS);

• LOSS OF GOODWILL OR REPUTATION;

• LOSS OF ENJOYMENT;

• LOSS OF PRIVACY AND LOSS OF DATA; AND

• SPECIAL OR INDIRECT LOSSES SUFFERED OR INCURRED BY THAT PARTY ARISING OUT OF OR IN CONNECTION WITH THE PROVISIONS OF ANY MATTER UNDER THESE TERMS AND ANY ADDITIONAL TERMS.

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THE SERVICES CONTAINS HYPERLINKS TO WEB OR MOBILE SITES OPERATED BY PARTIES OTHER THAN REFEREA. SUCH HYPERLINKS ARE PROVIDED FOR YOUR INFORMATION AND REFERENCE ONLY. REFEREA DOES NOT CONTROL SUCH WEB OR MOBILE SITES AND IS NOT RESPONSIBLE FOR THEIR CONTENTS OR YOUR USE OF THEM. BREFEREA'S INCLUSION OF HYPERLINKS TO SUCH WEB OR MOBILE SITES DOES NOT IMPLY ANY ENDORSEMENT OF CONTENTS ON SUCH WEB OR MOBILE SITES OR ANY ASSOCIATION WITH THEIR OPERATORS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT REFEREA SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, MATERIALS, GOODS OR SERVICES AVAILABLE THROUGH ANY THIRD PARTY WEB OR MOBILE SITE.

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WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT, OR ON ANY WEBSITE LINKED TO IT.

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WE WILL TAKE ALL REASONABLE PRECAUTIONS TO KEEP THE DETAILS OF YOUR REGISTRATION, ACCOUNT CREATION, BOOKING REQUEST, BOOKING, ORDER AND PAYMENT SECURE, BUT, UNLESS WE ARE NEGLIGENT, WE CANNOT BE HELD LIABLE FOR ANY LOSSES CAUSED AS A RESULT OF UNAUTHORISED ACCESS TO INFORMATION PROVIDED BY YOU.

 

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL AND ANY DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF THESE TERMS AND ANY ADDITIONAL TERMS, OR IN RESPECT OF THE ACCESS OR THE USE OF ANY PART OR ALL OF THE SERVICES, THE CONTENT OR MATERIAL IN ANY MANNER, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING AND USING THE SERVICES.

 

17. INDEMNITY

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YOU AGREE TO INDEMNIFY US FULLY, DEFEND AND HOLD US, AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND THEIR RESPECTIVE SUPPLIERS, AFFILIATES, AGENTS, SUBCONTRACTORS, HARMLESS FROM AND AGAINST ALL CLAIMS, DEMANDS, LIABILITY, DAMAGES, LOSSES, FEES, EXPENSES, COSTS, (INCLUDING REASONABLE LEGAL FEES) INCURRED BY OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE FOLLOWING:

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• ANY BREACH OF THE TERMS OF THIS AGREEMENT OR ANY APPLICABLE ADDITIONAL TERMS BY YOU OR ANY OF THE WARRANTIES OR COVENANTS OR MISREPRESENTATIONS GIVEN OR MADE BY YOU, YOUR USE OF THE SERVICES OR ANYTHING DONE WHILE YOUR ACCOUNT IS ACTIVE OR LOGGED INTO THE SERVICES;

• YOUR CONTENT AND POSTS ON SOCIAL MEDIA PLATFORMS;

• YOUR CLAIM AGAINST REFEREA OR ANY OTHER USER OF THE SERVICES FOR ANY REASON;

• ANY CLAIM OR ACTION BY ANY THIRD PARTY OR ANY OTHER USER OF THE SERVICES ARISING DIRECTLY OR INDIRECTLY FROM YOUR PERFORMANCE, CONTENT, SUBMISSIONS OR BREACH OF ANY OF THE PROVISIONS OF THESE TERMS OF THIS AGREEMENT OR ANY APPLICABLE ADDITIONAL TERMS;

• ANY CLAIM OR ALLEGATION THAT YOUR CONTENT INFRINGES A THIRD PARTY'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS; AND

• YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS.

 

18. ASSUMPTION OF RISKS, RELEASE AND WAIVER 

 

18.1. You agree, acknowledge and understand:

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• that adventure travel is inherently risky and that the enjoyment of adventuring beyond the normal safety of home and work is part of the reason for your participation in this trip;

• that you have made an informed and voluntary choice to participate in this trip, which may involve walking, biking, hiking, boating, and/or a variety of other outdoor, indoor and adventure activities, with the assessment and knowledge of the potential risks and dangers involved; 

• that these risks include, but are not limited to:

 

- injuries ranging from minor mishaps to serious and catastrophic injuries, including, but not limited to, disfigurement, temporary or permanent disability, including paralysis, and death;

- emotional trauma;

- the hazards of traveling, dangers and risks inherent in outdoor, indoor and adventure activities;

- forces of nature, explosion, flood, hurricane, tempest, tidal wave, earthquake, landslide, forceful wind, fire or accident;

- epidemic, pandemic, quarantine, foodborne, airborne, disease, illnesses or virus, both known and unknown, such as coronavirus (including but not limited to the community spread thereof), bites or stings from insect or pests, actions of wild animals;

- negligence or intentional actions by other participants including traveling while sick with or without symptoms;

- accident or illness in remote places without access to medical facilities, transportation, or means of evacuation and assistance;

- border closures, government travel restrictions or warnings, local laws, regulations or orders, acts or non-acts of any governmental entity or official, diplomatic or health organization (e.g., World Health Organization) warnings;

- the dangers of civil disturbances and war (declared, undeclared, or threat thereof), Sabotage, terrorist activities, social or labor unrest or strike;

- theft or break-ins into vehicles, lodging or elsewhere;

- vehicles, aircraft, trains, boats and other means of conveyance, roads, trails and accommodations which are not maintained or operated to standards to which you are accustomed;

- mechanical or construction failures or difficulties, transportation failures, equipment failures, malfunctions or deficiencies;

- climatic condition, abnormal conditions or developments;

- consumption of alcoholic beverages and food;

- negligence in any manner on the part of Referea; and

- any actions, omissions, or conditions outside of Referea’s control not mentioned in this agreement.
 

• that you are responsible for determining your fitness for participating in the trip and activities, and your ability to fully understand any directions or warnings presented;

• the nature of the trip and activities that you have chosen to engage in and find no reason why you are physically or mentally unable to perform the required actions in order to safely accomplish these activities;

• that some of the activities on this trip may be physically and mentally demanding, and you take full responsibility for knowing your limits;

• that you will not participate in any activity when you have a physical, medical, or mental limitation or disability, or when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in that activity;

• that you will act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for participation in the trip. If you notice any hazard during the trip, you will stop participating in the activity immediately; and

• that Referea does its best to plan a smooth, enjoyable trip but that travel is often unpredictable and can involve unforeseen delays, detours, and difficulties. You understand that how you react to difficult situations will greatly impact my experience and that ultimately, you are responsible for your own enjoyment and mental/physical health.
   

18.2. COVID-19

 

You agree, acknowledge and understand that:

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• the World Health Organization has declared the novel coronavirus, also known as Covid-19 ("the novel coronavirus"), a pandemic;

• the novel coronavirus is believed to be spread by person-to-person contact, which includes touching a surface that has been contaminated by an infected person;

• anyone could have the novel coronavirus but not show symptoms. As a result, governments and health agencies at all levels of government (e.g., federal, state and local) recommend social distancing and have, in many locations, prohibited the congregation of groups of people; 

• Referea cannot guarantee that you will not become infected with the novel coronavirus during our trip, quarantined during our trip, denied services by third parties or entry by governments, or otherwise detrimentally impacted by Covid-19; 

• participating in activities offered by Referea may expose or infect me or any minor in my custody or case; 

• the risks relating to the novel coronavirus, including contracting the virus, are inherent in my trip and travel-related activities, and you assume those risks; 

• in the event that you test positive for COVID-19 while on a trip, you must and will disclose this fact to the Referea trip leader immediately; and

• the trip leader and any other Referea representative may inform anyone who has been in contact with me, including, but not limited to, other travelers and suppliers, so that they may undergo proper quarantine and testing procedure, and may inform anyone else on a need-to-know basis (e.g., health officials if required, medical providers, etc.). 

 

18.3. You acknowledge that these are some, but not all, of the inherent and acquired risks associated with the activities performed on a trip.
 

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL OF THE ABOVE RISKS, ALL OTHER RISKS SET FORTH IN THIS AGREEMENT, AND ALL RISKS, BOTH KNOWN AND UNKNOWN, OF PARTICIPATING IN EACH TRIP, INCLUDING EACH TRIP IN YOUR IMMERSIVE TRIP, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF THE REFEREA, SUPPLIERS OR OTHERS, OR DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES USED DURING THE TRIP, OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN THE TRIP AND YOUR OWN WELFARE.

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WE WILL NOT BE RESPONSIBLE, LIABLE OR PAY YOU COMPENSATION FOR ANY INJURY, ILLNESS, DEATH, LOSS (FOR EXAMPLE LOSS OF ENJOYMENT), DAMAGE, EXPENSE, COST OR OTHER SUM OR CLAIM OF ANY DESCRIPTION WHATSOEVER WHICH RESULTS FROM ANY OF THE FOLLOWING: A) THE FAULT OF THE PERSONS AFFECTED OR ANY PERSONS OF THEIR BOOKING PARTY, OR B) THE FAULT OF A THIRD PARTY NOT CONNECTED WITH THE BOOKING OF YOUR TRIP, WHICH WE COULD NOT HAVE PREDICTED OR AVOIDED, OR C) FORCE MAJEURE AND LIKE EVENTS, OR D) THE FAULT OF ANYONE WHO IS NOT CARRYING OUT WORK FOR US (GENERALLY OR IN PARTICULAR) AT THE TIME OF BOOKING. 

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TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND YOUR PERSONAL REPRESENTATIVES, SPOUSE, HEIRS, ASSIGNS AND NEXT OF KIN RELEASE AND PROMISE NOT TO SUE US AND OUR OWNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, MEMBERS, AND THEIR RESPECTIVE SUPPLIERS, AFFILIATES, AGENTS, SUBCONTRACTORS, CONSULTANTS, VOLUNTEERS, TRIP LEADERS, GUIDES, SUCCESSORS, ASSIGNS FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, INCONVENIENCE, EXPENSES, COSTS, NEGLIGENT OR WILLFUL CONDUCT OF ANY THIRD PARTIES, DEATH, INJURY OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR TRIP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.

 

REFEREA WILL NOT BE LIABLE FOR ANY PERSONAL INJURY OR DEATH ARISING OUT OF ANY SUCH ACTIVITIES OR TRIP UNLESS CAUSED INTENTIONALLY OR NEGLIGENTLY BY US.
 

IF YOU RESIDE IN CALIFORNIA, YOU EXPRESSLY WAIVE THE PROTECTION OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE (“SECTION 1542”), WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR. YOU UNDERSTAND AND AGREE THAT CLAIMS OR FACTS IN ADDITION TO OR DIFFERENT FROM THOSE WHICH ARE NOW KNOWN OR BELIEVED BY YOU TO EXIST MAY HEREAFTER BE DISCOVERED.

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YOU AGREE THAT THE TERMS OF THIS AGREEMENT, THIS RELEASE AND WAIVER  SHALL SERVE AS A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY AND EXPRESS ASSUMPTION OF ALL RISK ASSOCIATED WITH TRIS TRIP FOR MYSELF, ALL MEMBERS OF MY FAMILY (COLLECTIVELY ENCOMPASSED BY THE TERM "THEIR" IN THIS PARAGRAPH), MY AND THEIR HEIRS, AS WELL AS MY AND THEIR NEXT OF KIN, SUCCESSORS, ASSIGNS, AND LEGAL AND PERSONAL REPRESENTATIVES, TO THE MAXIMUM EXTENT PERMITTED BY LAW. 

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YOU AGREE THAT IF ANY PORTION OF THIS WAIVER AND RELEASE IS HELD TO BE INVALID, THE BALANCE NOTWITHSTANDING SHALL CONTINUE IN FULL FORCE AND EFFECT.

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YOU AFFIRM THAT YOU HAVE READ THIS RELEASE AND WAIVER AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND CONSENT CONTAINED IN IT. YOU FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THESE TERMS, AND HAVE DONE SO FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT.​

 

19. CONFIDENTIALITY AND NON-DISCLOSURE

 

19.1. You agree not to disclose any Confidential Information to any other person who has not also entered into this Agreement by accepting the Terms of this agreement and any applicable Additional Terms.

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19.2. You will be responsible for any breach of section 19 Terms of this Agreement and will indemnify and keep indemnified in full the Referea against all costs, expenses, losses or damages (including but not limited to legal expenses) which may arise directly or indirectly from unauthorised disclosure or use of Information.

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​20. Marketing Reference

 

20.1 It is often the case that photographs or videos are shared with us prior or post-trip, or we send a professional photographer along. 

 

20.2. You agree that we may use, re-use, link to, repost and reproduce any images, photos, videos, written content, or any other Content that you send to us, that are taken by our employees, guides, trip leaders, Suppliers and/or other persons of you individually or in a group, or that you post online including on social media in any medium, including but not limited to print, electronic media, or Internet, free of charge and without your right to inspection, for promoting and publicizing our Services worldwide. 

 

20.3. You agree that Referea may reference you as our provider or User of the Services and use your name, picture, title, occupation, company name, logo, trade marks and likeness, as applicable, in listings of customers appearing on the Referea site and for other marketing and promotional purposes.

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21. FORCE MAJEURE

 

21.1. We will not be liable to you for any lack of performance, or the unavailability or failure, of the Services, or for any failure or delay by us to comply with these Terms and any Additional Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.

 

22. Intellectual Property

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22.1. Referea owns all of the text, images, software, trademarks, service marks or other material contained on the Services. You will not copy or transmit any of the material except for your personal, non-commercial use, unless permitted otherwise through the functionality of the Service. All copyright, trademark and other proprietary rights notices presented on the Services must appear on all copies you print. Other non-Referea product, service, or company designations on the Services belong to those respective third parties and may be mentioned in the Services for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status. Your use of and access to the Services does not grant you any license or right to use any of the marks included in the Services.

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23. Changes to the Terms and Conditions

 

23.1. We reserve the right, in our sole and absolute discretion, to change or modify these Terms (including and any policies which are incorporated by reference herein) at any time and without prior notice to you. Any such changes will take immediate effect when posted on the website (as indicated by the "Last Revised" date at the top of this page) and it is your responsibility to read the Terms on each occasion you use the Services and your continued use of the Services shall signify your acceptance to be bound by the latest Terms.

 

24. Severability

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24.1. These Terms and any Additional Terms supersede all other agreements between the parties concerning their subject matter. If any provision of these Terms and any applicable Additional Terms is found to be unenforceable, that provision will be limited to the minimum extent necessary so that these Terms and any applicable Additional Terms will otherwise remain in full force and effect. Our failure to enforce any part of these Terms and any applicable Additional Terms is not a waiver of our right to later enforce that or any other part of the Terms and any applicable Additional Terms. We may assign any of our rights and delegate any of our obligations under these Terms and any applicable Additional Terms.

 

25. Governing Jurisdiction

 

25.1. The Swiss courts will have exclusive jurisdiction over any claim arising from, or related to the Terms of this agreement, any Additional Terms, or the Services, although we retain the right to bring proceedings against you for breach of these Terms and any applicable Additional Terms in your country of residence or any other relevant country. These Terms and any applicable Additional Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Switzerland.​

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26. Contact information

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26.1. If you have any questions about this agreement, please contact us at info@referea.com.

 

26.2. If you have a complaint about your trip, you agree to inform your group leader or our Support Team via info@referea.com immediately so that they can attempt to rectify the matter. We take no responsibility or liability for complaints that are not properly brought to the attention of the group leader or the Support Team with sufficient notice to resolve or attempt to resolve complaints. Any complaint made after the completion of a trip must be received via email to info@referea.com within 15 days from the end of the trip. You acknowledge and agree that we have no obligation to respond to or address any claims received after this period and if you fail to follow this procedure, we will not accept liability as we have been deprived of the opportunity to investigate and rectify the problem.