VIVE l'EXPERIENCE, LLC

 

Terms and Conditions & 

Waiver of Liability

​

Vive l'experience, LLC with an office and principal place of business located at 4436 17th Street N, Arlington, VA 22207 offers a unique travel experience traveling to Senegal, Colombia, Tunisia, Spain, and France with other teachers and educators for language immersion experiences. The terms "we", "us", "our", and “Vive l'experience” refer to Vive l'experience, LLC, a limited liability company organized and existing under the laws of the State of Virginia. The term "you" “participant” or “traveler” refers to the participant making a booking with us who fully intends on joining and participating in a tour. 

 

CONTRACT. We draw your attention to the terms and conditions of your participation below. These terms and conditions including all brochures, documents, correspondence and the terms and conditions of our suppliers form the basis of the contract with you. Before booking with us you must ensure that you have read and understood these terms and conditions (raising any questions you may have with us). Please be aware that these terms and conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses. By asking us to confirm your booking you are accepting all of the terms and conditions laid out below and acknowledging that you have read the terms of this contract and agree with it. 

 

You represent and warrant that you are of sufficient age and mind to use our services and website and can create binding legal obligations in connection with your use, and that the information supplied by you is true and correct.

 

VIOLATIONS BY YOU. You agree that any violation of any such terms and conditions may result in (a) the cancellation of your booking or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, and (c) you being denied access to participate in all or any part of the tour. 

 

CHANGES TO THESE TERMS AND CONDITIONS. Vive l'experience reserves the right, in our sole discretion, to change these terms and conditions at any time. Updated versions of the terms and conditions with material changes will be provided to you and are effective immediately upon receipt to you via email. Your continued use of our services including continuing to use or maintain your booking after any changes to the terms and conditions constitutes your consent to the changes.

 

COVID 19 RELEASE OF LIABILITY. By booking this tour at this time, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself that you may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time you book your tour. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling, which cannot be controlled or eliminated by Vive l'experience.

​

You acknowledge that due to the uncertainty of travel at this time, this tour may be postponed or cancelled, or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. You may also be required to quarantine upon arrival in some locations. Some locations may require you to have a vaccination. You are responsible for understanding these requirements and must not rely on Vive l'experience to provide these details. You understand that you may become sick before, during, or after the tour and may not be able to travel and such cancellation or interruption will be subject to our cancellation terms below, for which we will not be liable. 

​

You agree that due to uncertainty caused by COVID 19, Vive l'experience requires the purchase of travel protection insurance, “medical evacuation” coverage and, if available, “cancel for any reason” travel coverage. If you should fail to purchase travel protection coverage, Vive l'experience shall not be liable to any losses howsoever arising. You, and on behalf of your heirs, assigns, personal representatives and next of kin (The Releasors), HEREBY RELEASE, AND HOLD HARMLESS Vive l'experience, its members, officers, agents, and/or employees, suppliers, and other tour participants (RELEASEES), from and against any and all claims, damages, demands, losses, and liability arising out of or related in any way, in whole or in part to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID- 19, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this contract, whether by operation of law or otherwise. 

​

BOOKING/PAYMENT. When you are ready to book a tour, you’ll initially inquire via our “contact us” feature on our website, via email to katy@vivelexperience.com, or by booking the trip via our website at vivelexperience.com. Once you have selected your tour or customized your tour, you will read, acknowledge and agree to these Terms and Conditions and pay the non-refundable deposit. We will send confirmation upon receipt of the initial deposit or, if you so choose payment in full. After final payment is received you will receive an invoice reflecting the same. All Deposits are NON-REFUNDABLE. 

 

The majority of our bookings do not include international round-trip airfare. You must make independent air travel reservations related to your booking. In the event we do include airfare in your booking or if you book independently, your contract for airfare is with the carrier and subject to its terms and we will not be liable for any change fees or cancellation fees or other additional cost you incur with the air carrier. 

 

Upon booking, we will provide you with instructions for payment. You must make all payments in full and on time. If payments are not received when due, we reserve the right to apply late fees, or cancel your booking and apply the cancellation charges set out in the cancellation section below. Failure to make a payment may result in the cancellation of your participation in the tour. In such a case this would be considered a cancellation by you and the cancellation terms and fees as described below would be in effect.

 

Once payment in full for your tour is processed, you will receive confirmation and the full details of your tour. Please review these documents carefully and promptly as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us as soon as possible with any corrections. 

 

CREDIT CARD OR DIRECT BANK TRANSFER. All participant payments are to be made by credit card, Apple Pay, PayPal, Venmo, direct bank transfer or another method of payment specifically approved by Vive l’experience. Your transfer and/or payments are an acknowledgement and agreement to these terms and conditions including the cancellation terms. As such you agree not to make any improper chargebacks or payment disputes. 

 

In certain cases, you can dispute charges with your banking institution, or your credit card company (we will define them as "disputes” or “chargebacks", collectively “chargeback/s”). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. Vive l'experience 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 rebut 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 regarding the supplier’s product description.

• Chargebacks resulting from force majeure or other circumstances that are beyond the control of Vive l'experience or the Supplier.

• Chargebacks resulting because you do not agree with the cancellation policy.

 

WHAT'S INCLUDED IN YOUR TOUR 

 

Accommodations 

Accommodations are provided as detailed in your itinerary but are subject to change (even on site), in order to adapt to situations beyond anyone’s control, including but not limited to weather or any other condition that may affect the group while traveling. The number of nights stay is dependent on your tour itinerary. Special requests are not guaranteed and often cannot be accommodated. 

 

Travelers should be aware that room sizes, standards and facilities can vary regionally and are substantially different from standards in the United States. This can include difference in bed sizes and room sizes, bathroom amenities, amenities such as air-conditioning and compliance with other standards such as ADA and wheelchair accessibility. 

 

Vive l'experience reserves the right, if necessary, to substitute other similar lodging or hotels for any accommodations that may be listed on your itinerary. Such substitutions may be made at any time and without prior notice. We cannot be held responsible for hotel over-bookings; should such occur, we will undertake to find similar accommodations in the same area. Such substitutions are at Vive l'experience’s sole discretion and no refunds will be offered for changes in accommodations.

 

While we exercise due diligence in the selection of our partners, hotel and other accommodation profiles, we cannot guarantee their suitability for your preferences or expectations given the nature of the accommodations and locations. We cannot guarantee the supplier’s images and descriptions of the properties and rooms will be the same or similar for your accommodations during your stay. Additionally, participants should be aware that star ratings or similar systems are based on country classifications and therefore can differ. While Vive l'experience does its best to maintain current and accurate information regarding these suppliers, we cannot be held responsible for any inaccuracies in supplier descriptions, amenities, or images.

 

Transportation

Vive l'experience will offer transportation in accordance with the group itinerary, including vans or buses and drivers. There will be no refund for missed or unused transfers. Your transfers to and from the airport are included. If at any time your flight plans change, you must notify us immediately. Failure to do so may result in missing a portion or all of the tour and no refund shall be due. If you decide to arrive one or more days prior to the commencement of the tour and you stay (at your own expense) in a nearby hotel, we can facilitate your transfer from the airport, but cannot guarantee we will be able to accommodate any requests for transfers from your hotel. 

 

Note that there may be a number of unpaved/dirt roads along the route. We will travel in vans or buses but travel in these vehicles will take a bit longer depending on the road conditions. You agree to travel as a passenger for long hours in the vehicles provided. 

 

Meals

All meals (breakfast, lunch and dinner), except when noted otherwise in your itinerary, water and one non-alcoholic beverage is included. However, the range of food available can be limited based on the itinerary. Western food may or may not be available along the way. Special diets should be requested at the time of booking; however, it may not be possible for special diets to be accommodated. For safety and liability reasons, Vive l'experience and its representatives cannot be responsible for accommodating any food allergies, or dietary requirements and restrictions, and we are not responsible for any issues or problems associated with the same. We will advise the lodging of any special requests, but we cannot guarantee their availability.

 

Airfare

Airfare is generally not included in your tour price. However, in the event airfare is included in your tour price, Vive l’experience cannot be held liable for any changes, cancellations or revisions made by the airlines. Vive l’experience will do our best to assist Participants with any necessary changes to previously scheduled airline reservations. However, Airlines are Suppliers of Vive l’experience and therefore we cannot be held liable for any changes, cancellations or claims for damages made by Participants.

 

Additional Inclusions

We also include all entrance fees to all area attractions which are listed on your itinerary. 

 

Changes to Itineraries

Vive l'experience reserves the right to make changes to its published itineraries. In such cases, we will arrange for the substitution of comparable services. 

 

There may be occasions when certain alterations become necessary. These can be due to religious holidays, national celebrations, or unforeseen events including weather, governmental closures, acts of God, or any other reason. Vive l'experience reserves the right to change the itinerary due to such unforeseen circumstances or emergencies. Additionally, historic sites undergo renovations from time to time which can obscure viewing or otherwise change the nature of visiting these sites. No tours will be cancelled due to renovations, although Vive l'experience may choose to amend itineraries for such sites. These changes will not be considered material changes and will not be considered cause for cancellation by the participant. 

 

If we suggest alternate activities in place of a planned stop or in case of leisure time, such suggestions do not constitute our endorsement. In such a case you will be subject to the terms and conditions of the supplier of the activity and your only recourse in case of damage will be against the supplier of the alternate activity.

 

WHAT’S NOT INCLUDED IN YOUR TOUR 

​

Any items and matters not referred to in your itinerary are not included in the tour price, specifically, airfare, visas, medical costs, alcohol and bar bills (including additional soft drinks/juices), travel protection and insurance of all kinds, photographic equipment, gratuities, passport fees, laundry, phone calls, and all items of personal nature. Additional taxes and surcharges may be collected by foreign governmental and non-governmental entities. The price does not cover costs and expenses, including your return home, if you leave the tour whether of your own volition, our decision that is based on behavior that disrupts the tour, due to illness, action by any government or other reason. This list is illustrative and not a complete list of every item not included.

 

NON-OPERATION OF VIVE L'EXPERIENCE. All tours are based on a minimum number of participants (with ten (10) participants for most Vive l'experience tours). Vive l'experience makes every effort to ensure that tours meet their minimum requirements. However, if the tour drops below the minimum number of participants, cancellation of the tour may occur at the sole discretion of Vive l'experience. In such case, participants will be advised at least thirty (30) days prior to departure. We may offer alternative tour dates or other travel arrangements. You may choose to accept these arrangements or to cancel your booking, in which case a full refund will be provided, less the non-refundable deposit). Any air cancellation will be in accordance with the terms of the carrier and Vive l'experience will not be liable for the carrier’s refusal to make any refund whatsoever. In such case Vive l'experience will not be liable for any additional costs incurred outside of the tour prices such as visa and passport fees, travel insurance or any other purchases made by the guest in anticipation of the tour.

 

CHANGES AND CANCELLATIONS

 

Changes by Participants

Since changes are considered canceled services, additional cancellation penalties may apply. Changes are subject to additional hotel charges based on availability and may incur additional fees. Changes to airfare are subject to the carrier’s Terms and Conditions.

 

If you are unable to complete the tour due to an inability to maintain the speed necessary to keep up with the group of participants, there shall be no refunds owed even if you are unable to complete the tour. 

 

Cancellation

As described above, Vive l'experience is required to pay certain suppliers well in advance of your tour date. This includes but is not limited to hotel accommodations, meals, entrance fees, transportation, etc. All suppliers have their own cancellation policies, which apply to your booking. Should a cancellation become necessary, please inform Vive l'experience immediately in writing and request written confirmation of your cancellation. Upon receipt, Vive l'experience will follow industry procedures for any applicable refunds as outlined in the supplier’s terms and subject to their review. If you are entitled to a refund, please note that the supplier is responsible for this refund, not Vive l'experience. We are not responsible for a supplier’s failure to pay a refund. 

 

In addition to the terms of our suppliers, refunds for any monies paid to Vive l'experience will be refundable for cancellations per the cancellation table below, less any non-refundable payments/deposits made by Vive l'experience to our Suppliers. Also deducted from the net refundable amount will be any adjustments for room rate changes created by the cancellation (i.e., quad, to triple, triple to double, etc.) NO REFUNDS, for any reason will be paid for cancellations received 60 days or less from the departure date. 

 

Since Vive l'experience will pay certain deposits and costs to suppliers prior to the date of travel, Vive l'experience will assess the following cancellation charges as follows (Relevant Cancellation Times Prior to Departure = Cancellation Charge Per Person):

• 121 or more days  = 100% refund, less non-refundable deposit

• 120 - 90 days  = 75% refund, less non-refundable deposit 

• 89 – 61 days  = 50% refund, less non-refundable deposit 

• 60 days or less =  No refund

 

If the reason for cancellation is covered under the terms of your travel protection plan, you may be able to reclaim these charges; for this reason Vive l'experience requires the purchase of a travel protection plan including “medical evacuation” coverage and additional “cancel for any reason” coverage, if available.

​

Airline tickets are governed by the air carriers’ terms, and we are not responsible for any air carrier’s decision regarding refund.

​

Cancellation of Changes by Vive l'experience

We reserve the right to cancel or reschedule any departure for any reason. If we cancel, except in the case of a force majeure event, we will offer alternate arrangements. We may at our sole discretion offer travel vouchers or refunds. Participants are responsible for any additional costs for airline tickets or other travel arrangements whether or not made by us.

 

If between planning time and/or during actual travel, circumstances require changes, Vive l'experience and its suppliers, reserve the right to cancel or vary any itinerary and substitute components of any tour, including but not limited to lodges and accommodations of comparable quality, if air schedule or surface transportation charges, security matters, and/or other events make such alterations necessary. Suppliers may substitute transportation equipment depending on any variety of factors, including the volume of passengers on the tour. Vive l'experience cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason. These changes will not be considered material changes and will not be considered cause for cancellation by the participant. Normal cancellation penalties still apply to the tour that has been changed.

 

NO REFUND FOR UNUSED ARRANGEMENTS. As Vive l'experience prices are based on contract rates, there will not be any refund for any unused portion of a travel booking. If you cancel while the tour is in progress, there is no refund for the unused portion.

 

FORCE MAJEURE. Vive l'experience assumes no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Vive l'experience that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the circumstances amounting to force majeure, we will not be required to refund any money to you, although if we can recover any monies from our suppliers, we will refund these to you without any charge by Vive l'experience.

 

TRAVEL PROTECTION. Travel Protection Coverage is not included, but is REQUIRED. It is the participant’s responsibility to protect their purchases. For this reason, travel insurance, including “medical evacuation” coverage and additional “cancel for any reason” coverage, if available, is required. Proof of said coverage must be provided to Vive l’experience at least thirty (30) days prior to travel. Such plans should cover Trip Cancellation or Interruption, Medical Expense, Emergency Evacuation/Repatriation, and Baggage Travel protection, which can help protect you in the event of loss of non-refundable tour deposits and payments that result from cancellation or tour interruption (due to a covered reason such as injury or illness before or during the tour). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. Travel Protection Plans including “cancel for any reason” coverage must be purchased in close conjunction with your travel purchase. If you choose to travel without adequate travel protection insurance coverage, we will not be liable for any of your losses howsoever arising, for which an appropriate travel protection insurance policy would otherwise have been available.

 

Vive l'experience is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. Vive l'experience cannot evaluate the adequacy of the prospective insured's existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker. 

 

Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. Vive l'experience cannot be held responsible for denied entry if a participant is unable to provide details to authorities of insurance or denial of entry for any reason.

 

We also highly recommend obtaining insurance on all electronic equipment. We shall not be liable for any damages, or losses to your equipment regardless of the circumstances that resulted in the damage or loss. 

 

DESTINATIONS AND DOCUMENTATION. Travel to certain destinations may involve greater risk than others. Vive l'experience urges Travelers to remain informed daily as to current news, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are in compliance with all requirements for admittance into that country, including COVID- 19 requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking. It is your responsibility to be aware of any and all requirements for admittance to a country or state, including Covid-19 requirements. Should you choose to travel to a country that has been issued a travel warning or advisory, Vive l'experience will not be liable for damages or losses that result from travel to such destinations. 

 

It is the responsibility of each participant to obtain and carry a valid passport, visa(s), inoculations, and all other documents required by applicable government regulations. For up-to-date requirements US citizens should visit www.travel.state.gov. When travelling domestically within the USA or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight, found here: http://www.tsa.gov/participant-information/acceptable-ids. Vive l'experience strongly recommends that you consider that certain countries will not admit a passenger if their passport expires within six (6) months of the date of entry. Non-USA citizens may require additional documentation. Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities. 

 

You acknowledge and agree to follow and abide by any and all local and national laws and regulations for any country you visit while participating in the tour. While all local and national laws and regulations are important to follow, we strictly encourage you to be informed concerning the use and/or possession of drugs in particular. There will be no tolerance for any use or possession of any drug and your failure to strictly comply with this requirement will result in a breach of this Agreement and may prevent you from your continued participation in the tour. It is your responsibility to check which prescription drugs need to be accompanied by a doctor’s note and/or prescriptions.

 

Recommended inoculations for travel may change and you should consult your practitioner for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your tour. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/. 

 

You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing participant to miss flight(s), and subsequent scheduled travel tours. Vive l'experience bears no responsibility for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your tour related to improper documentation or government decisions about entry.

 

INSECTICIDE NOTICE. Travelers are encouraged to check the list of countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft on the U.S. Department of Transportation’s Web site, as this list is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements.

 

NON-RESPONSIBILITY. Vive l'experience, and its employees, owners, agents, and representatives use third party suppliers to arrange tours, transportation, sightseeing, lodging, and all other services related to this tour. Vive l'experience is not an employee, agent, or representative of any of these suppliers. Vive l'experience does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurant, or any other entity that supplies services related to your tour. All suppliers are independent contractors and are not agents or employees or representatives of Vive l'experience. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all participants agree that neither Vive l'experience, nor its employees, owners, agents, or representatives are or may be liable for any loss, injury, or damage to any tour participant or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Vive l'experience. Vive l'experience assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any participant that may result from any act or omission on the part of others; Vive l'experience assumes no responsibility or liability for personal property; and Vive l'experience shall be relieved of any obligations under these terms and conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. Vive l'experience accepts no responsibility for lost or stolen items. Vive l'experience reserves the right to refuse any participant or potential participant at its sole discretion.

 

ASSUMPTION OF RISK/WAIVER & RELEASE OF LIABILITY. Traveler is aware that traveling in such areas as participant is undertaking on the tour may involve inherent risks to your health and safety, some in remote areas of the world. Inherent risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, high altitudes, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other participants, Vive l'experience and its owners, employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided. You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by aircraft, or travel a country with developing infrastructure. Standards of hygiene, medical care, accommodation, and transport in the country where this tour is taking place are often lower than the standards you may reasonably expect in your home country or region.

 

While the tour guide will make his/her best effort in maintaining a manageable pace for the group, you agree that there is a risk associated with your ability to keep up with the pace of the group. We shall not be held liable for any reason if you are unable to keep up with the group and your guide at any point during the tour. You agree that we will not be able to slow down or stop at your convenience to accommodate your pace, and we shall not be liable should you need to turn around and not complete the tour. 

 

Traveler understands the description of these risks, is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this tour, participant is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness and death. Traveler hereby accepts and assumes full responsibility for any and all risks and agrees to and shall hold harmless and fully release Vive l'experience from any and all claims associated with the tour, including any claims of third-party negligence and/or the negligence of Vive l'experience and participant hereby covenant not to sue Vive l'experience for any such claims or join any lawsuit or action that is suing Vive l'experience. You waive any and all claims that you have, or may in the future have and release from all liability and agree not to sue, Vive l'experience, its agents, owners, suppliers or affiliates for any personal injury (including mental distress or trauma), illness (including exposure to diseases, epidemics or pandemics), death, property damage, quarantine or other loss that you may sustain during or as a result of the tour due to any cause whatsoever on the part of Vive l'experience or others, including: negligence – including the failure to use such care as a reasonably prudent and careful person would do in the circumstances and failure to meet reasonable standards of care; breach of any other duty imposed by law; breach of contract; and mistakes or errors in judgment of any kind. This agreement also binds your heirs, legal representatives and assigns. The terms of this ASSUMPTION OF RISK AND RELEASE OF LIABILITY paragraph, shall survive any termination or cancellation of this Agreement, whether by operation of law or otherwise. 

 

INDEMNIFICATION. Traveler agrees to and shall indemnify and hold harmless Vive l'experience, and each of our officers, directors, employees and agents (collectively “Vive l'experience”), from any expenses, losses, liabilities (of any type), damages, judgments, demands, settlements and costs (collectively, “damages”) involved with or incurred by Vive l'experience (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) participant’s breach or violation, or threatened breach or violation of this Agreement and (ii) Any damage caused by participant while participating in the tour.

 

PRE-EXISTING MEDICAL CONDITIONS/PERSONS WITH DISABILITIES. Due to the nature of many of the destinations we travel to means that it may be unsuitable for those who use a wheelchair or have a lack of mobility or have pre-existing conditions. Some tours require walking on uneven, rough ground, elevation inclines and declines, loading and unloading from vehicles and/or boats, tower climbing, and exposure to high altitudes and varying weather conditions. 

​

It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your tour, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act and may not have wheelchair accessibility.

​

Additionally, our suppliers are, unfortunately, unable to offer additional assistance to participants with limited mobility and all such assistance will need to be provided by whomever the participant is traveling with. Travelers with disabilities must notify Vive l'experience at the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. 

​

HEALTH. Due to the relatively remote nature and high altitudes of some of our tours, we may require the completion of a medical clearance form from a U.S. licensed doctor, physician assistant, or nurse practitioner attesting to your fitness to travel and to participate in our tours. For the safety or our participants, Vive l'experience has the right to request health information prior to travel and to exclude any participants it deems unfit for travel at its sole discretion, in the best interests of the group and the participant in question. We will provide you with the medical clearance form that is to be completed, signed and returned to us prior to your departure on the tour.

​

PHOTOGRAPHIC/VIDEO LIKENESS. Traveler hereby gives consent to Vive l'experience to publish any photographs and/or videos of the tour or participant in printed or electronic media without obtaining further consent and without compensation. Each participant releases Vive l'experience and its representatives from any liability in connection with any use of such photographs and/or video.

​

CLASS ACTION WAIVER/LIMITATION OF DAMAGES/NOTICE OF CLAIM. You agree that you will only bring claims against Vive l'experience in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. Vive l'experience shall not in any case be liable for any claims or damages other than compensatory damages. Your payment of a deposit on a tour means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against Vive l'experience unless you have first provided a typewritten notice of claim to Vive l'experience within thirty (30) days after the tour or cancellation of the tour. 

 

ENTIRE AGREEMENT & SEVERABILITY. This agreement, including any other documents, including invoices we provide you, constitutes the entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to Vive l'experience. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

 

Effective 1/6/25