BOOKING TERMS, CONDITIONS, & WAIVEr

Read this agreement thoroughly and carefully before booking a trip; it contains important terms and conditions regarding the trip you are purchasing including, but not limited to, our rights to cancel or alter the tour, our cancellation and refund policies, and a limitation of our liability and other important disclaimers.

AGREEMENT

The terms and conditions set forth in this agreement constitute the entire understanding and agreement between you (“You”, “Participant”, “I” as context provides) and Literati Tours, LLC (“Literati Tours”) with respect to any and all bookings, tours, or transactions made with Literati Tours.

By making a booking, you accept all of the terms in this agreement and direct us to perform services on your behalf. All Participants are subject to this agreement. 

PRICING: INCLUSIONS & EXCLUSIONS

The trip price is in U.S. dollars, and includes the services specified in the daily itineraries (subject to change), such as meals, accommodations, admission fees and guided activities.

Prices do not include any item not specifically listed in the itinerary, including but not limited to, air and other transportation to and from trip start and termination points; services and meals not listed in the itinerary; all expenses during leisure time including admission fees, meals, and beverages; passports or other travel documents; travel insurance or travel protection (i.e., medical insurance, emergency evacuation, and similar services); airport arrival/departure fees or country taxes; personal expenses; gratuities; and all items of a personal nature.

Trip prices are subject to change without notice. Unless otherwise specified, prices do not include any local taxes or use-fees, including foreign departure, security, port charges, park fees, customs, immigration, agricultural, passenger-facility charges or international transportation tax.

Your bank or credit or debit card company may convert the payment into the local currency and charge fees, resulting in differences between the amount displayed on the Literati Tours website or its affiliated websites, and the final amount charged to your bank account or credit or debit card statement. Please contact your bank or card company if you have any questions concerning any applicable conversion or fees.  

TRIP DEPOSITS AND PAYMENT

To reserve your booking, a Trip Deposit of 25% per person is required.

After making a Trip Deposit/Booking Reservation for a trip departing in more than 210 days, full payment is due 120 Days prior to Tour start date. Literati Tours will email reminders at least 3 days before full payment is due with a link to submit full payment and pay your balance due. 

If you make a Trip Deposit/Booking Reservation for a trip departing in fewer than 120 days, the balance of payment is due within 7 days from the date your Trip Deposit/Booking Reservation is received by us. 

If you make a Trip Deposit/Booking Reservation for a trip departing in fewer than 30 days, payment is due in full at time of booking. 

If full payment is not received when due, Literati Tours reserves the right to cancel your Trip Deposit/Booking Reservation. 

All other booking terms and conditions apply to Trip Deposits/Booking Reservations, including our cancelation policies (see Cancelations By You And Refunds below).

CANCELATIONS BY YOU

To cancel your Booking or Trip Deposit/Booking Reservation, you must email us your complete booking details at info@literatitours.com.

Cancelation fees will be applied per person, based on the date we receive written notification of your complete booking details and your request to cancel your Booking or Trip Deposit/Booking Reservation (a “Cancellation Notice”).  Upon receipt of your complete Cancellation Notice, Literati Tours will effect a refund on the following schedule:

Days before departure date / Cancelation fee per participant

· 120+ days:  Entire amount paid, less $500 per person

· 61 – 119 days: Fifty percent (50%) of amounts paid

· 0 – 60 day: Zero percent (0%), i.e., no automatic refund

If Literati Tours is able to fill the spot for a Booking or Trip Deposit/Booking Reservation cancelled within the 60 day window, we may issue at our sole discretion a partial or full refund minus any non-recoverable expenses. 

Departure date is the date the trip begins regardless of the date that you may depart from your location of origin.

We will refund the applicable amounts to you using the original payment method for your Booking or Trip Deposit / Booking Reservation.

No refunds will be provided for any reason for an unused portion of a trip once the trip begins. 

Literati Tours is not responsible for expenses incurred by Participants in preparing for a trip (e.g. nonrefundable advance purchase air tickets, equipment, etc.) or for any additional arrangements pre- or post-departure date. The term applies whether the tour is altered, modified, or cancelled by us or by you for any reason. Because the tour may be cancelled when a minimum number of Participants have not signed up, we recommend that you either purchase refundable air tickets or wait until we have confirmed with you that we have a sufficient number of Participants. 

When you cancel a booking for any reason, including electing not to travel on your trip’s rescheduled travel date, Literati Tours has discretion to retain your deposit to offset unrecoverable costs to Literati Tours including credit card fees, non-recoverable deposits, non-refundable permits and booking fees, local taxes and administration costs. 

Literati Tours commits non-refundable, non-recoverable trip payments well in advance of scheduled departure dates. Literati Tours will use reasonable efforts to recover and refund booking balances to guests when possible. However, Literati Tours does not guarantee recovery of any or all of the advance payments made, and the use of reasonable efforts to recover these payments will not include the institution of legal proceedings in foreign jurisdictions. For this and other reasons, we encourage you to purchase trip cancelation and interruption insurance.

CANCELATIONS OR CHANGES BY US

Literati Tours reserves the right to refuse, block, or cancel a Booking or Trip Deposit/Booking Reservation at any time, for any reason.

Literati Tours reserves the right to cancel, alter, or modify a trip prior to departure in any manner, for any reason, including insufficient Participant reservations. Literati Tours and its suppliers reserve the right to substitute hotels, restaurants, routes or other elements of the itinerary with comparable services in Literati Tours’ sole discretion. Literati Tours will endeavor to inform participants of any material changes prior to departure.

If Literati Tours cancels a tour then Literati Tours will issue a full refund, provided, however, that if Literati Tours cancels a tour due to a Force Majeure event, then Literati Tours will retain amounts sufficient to offset allocable expenses already paid and/or committed by Literati Tours in connection with your tour. Your ability to acceptance of your refund (whether full, or reduced by retained offsetting expenses) is expressly conditioned upon your agreement that your refund acceptance constitutes a full settlement of any claims you may have against Literati Tours or our suppliers, partners, or travel intermediaries. 

FORCE MAJEURE

Literati Tours will not be deemed in breach of this agreement or otherwise liable to you in any way whatsoever, by reason of delay in performance or nonperformance of any of its obligations under this agreement to the extent that any such delay or nonperformance is due to any Force Majeure. “Force Majeure” means any circumstances beyond the reasonable control of Literati Tours, including without limitation acts of God, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, airline disruption, requisition, sickness, quarantine, government intervention, weather conditions, travel disruption (whether due to natural- or human-originated causes), immigration and visa rule/practice modifications, and other unforeseen circumstances.

TRAVEL INSURANCE | HEALTH INSURANCE

The trip price does not include travel insurance. We strongly recommend that you purchase comprehensive travel protection, covering trip interruption and cancellation, baggage, medical, accident/life, evacuation, repatriation, and other expenses which might arise as a result of loss, damage, injury, delay, or inconvenience occurring to you. You also agree to assume all costs of medical care, evacuation, transportation, and related costs.

Literati Tours requires that guests have adequate health insurance to cover injury or illness while participating in the Tour and that they certify that they have no medical or physical conditions that could interfere with their safety in the Tour. Guests will assume all costs of medical care, evacuation, transportation, and costs related to injury or illness. By booking with us, you certify that this requirement is understood and will be met before the Tour starts.

PRE-DEPARTURE DOCUMENTATION

It is important that you carefully read all trip-related documents that you receive from us by email as soon as you receive them. It is your responsibility to contact us if any information is incorrect. We cannot accept any liability if you do not notify us of any inaccuracies within thirty (30) days of your receipt of those documents.

PASSPORTS AND VISAS

You are responsible for ensuring that all necessary travel documents are valid and effective and in your possession for the entire tour. Passports are required for all U.S. citizens traveling abroad and should be valid for at least six (6) months after your date of return. We suggest you apply for or renew a passport early. 

Other required documents may include visas, permits, and vaccination certificates. You assume complete and full responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements. You are also solely responsible for any adverse consequences resulting from incomplete or defective documentation. While we may provide information or advice on matters such as visas, vaccinations, climate, clothing, baggage, and special equipment in good faith as a courtesy to you, we are not responsible for any errors or omissions as to the information provided.

HEALTH REQUIREMENTS AND MEDICAL CARE

Our trips are physically active, with varying levels of demands and fitness requirements depending on the specific itinerary. By making a booking, you represent that you do not have any physical or other conditions that would create a hazard for you or other Participants or affect other people’s enjoyment of the trip. It is Participant's sole responsibility to assess your fitness level for the Tour and to manage any pre-existing conditions.

If you have a physical condition, dietary restrictions, or other conditions that will require special attention during the Tour this must be discussed and approved by Literati Tours prior to booking the Tour. 

You are responsible to make certain you have the proper immunizations and required documentation of immunizations before you travel. For information related to proper immunizations and documentation, Literati Tours recommends that you contact the Centers for Disease Control at (877) FYI-TRIP or www.cdc.gov/travel and that you see your health practitioner for advice.

COMPLAINT PROCEDURE

If you have a complaint during your trip, you must promptly notify Literati Tours or your trip leader/host of the problem so that they can attempt to remedy the situation and allow you to enjoy the remainder of your trip. While we strive to provide you with a comfortable and enjoyable trip, your notice to Literati Tours or its suppliers of a complaint does not mean that we will accept liability or responsibility, and we will evaluate each complaint as it arises. At the same time, failure to raise a concern or complaint while you are on the trip will extinguish or reduce any ability to claim recourse from Literati Tours or its suppliers. Further, if you attempt to address the problem on your own without using this notice procedure, you assume responsibility for any added costs you may incur and forfeit any potential remedy.

TRIP START DATE

It is your responsibility to be ready to embark on the trip as specified in the itinerary. Literati Tours is not responsible for any losses due to cancelled or missed flights, changed flight itineraries, late arrivals, or early departures.

TRIP SAFETY AND ETIQUETTE

You must strictly comply with all local laws, respect local customs and culture, accurately assess your abilities, respect other trip members’ privacy, and follow the suggestions and advice of any assigned guide. The decision of Literati Tours, the local guide, or local supplier is final on all matters that may threaten the safety or interfere with the well-being or tour-enjoyment of others. During the trip, Literati Tours or the local guide or supplier has the right in its sole discretion to remove anyone from the Tour a) who it judges to be incapable of meeting the demands and requirements of participating in the tour activities; or b) who it determines to detract from others’ enjoyment of the tour. If you are removed from a Tour by Literati Tours, the local guide, or a local supplier, your further participation in any and all aspects of the tour itinerary will be forfeit and Literati Tours will not provide any refund whatsoever.

REPRESENTATIONS

By making a booking, you certify the following:

· I have chosen a trip that suits my abilities, level of fitness, and state of health.

· I do not have any physical conditions or disabilities relevant to this tour that could be a hazard to me or other travelers.

· I have a valid passport and all visas, permits, certificates, and vaccinations required for travel.

· I will communicate any special requests at least 30 days prior to travel. This includes dietary restrictions, medical requirements, and room preferences. I also understand that Literati Tours will make a reasonable effort to accommodate special requests but cannot guarantee they will be possible.

· I will respect the laws and customs of countries visited.

· I will respect the rights and privacy of other trip members.

· I understand that Literati Tours reserves the right to refuse service during a tour to anyone whose health or behavior could impede the welfare or enjoyment of fellow guests. An individual may be asked to leave a trip if the trip guide/host/leader feels that the person’s continuing participation may prove detrimental to the individual or the group.

· I understand access to medical facilities and evacuation services may be limited.

IMAGES RELEASE

You shall, and hereby do, grant Literati Tours and its contractors and suppliers all rights with respect to your image and likeness, and further that you grant Literati Tours and its contractors and suppliers the right to use, re-use, display, modify, perform, distribution, and reproduce any images, photos or videos that you send to us, or that are taken by our guides, staff, contractors and/or other travelers of you individually or in a group, all in any medium now known or hereinafter invented, including but not limited to print, electronic media, or Internet.  The foregoing grants of rights is perpetual, irrevocable, worldwide, royalty free, fully paid up, and sublicensable through multiple tiers. You can elect to opt out of sharing your image. Fill out this form prior to Tour start. 

SEVERABILITY AND HEADINGS

If any provision of this agreement shall be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the agreement unenforceable or invalid as a whole. Such unenforceable provision will be replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the original provision. Titles and headings of this Agreement are for convenience only and shall not affect the construction of any provision of this Agreement.

SUCCESSORS AND ASSIGNS

This agreement shall inure to the benefit of and be binding upon Literati Tours and the Participant and their respective heirs, legal personal representatives, successors, and assigns. Literati Tours may assign this agreement, but Participant may not. Any action in breach of this section shall be null, void, and without effect.

UPDATING OF TERMS AND CONDITIONS

Literati Tours reserves the right to update and/or alter these terms and conditions at any time. It is your responsibility to be familiar with these terms and conditions. Any update and/or alteration will be effective immediately upon posting to the Literati Tours website.

APPLICABLE LAW AND CHOICE OF FORUM

Any dispute arising out of this agreement, including all tort claims and any dispute relating to bookings, tours, or transactions made with Literati Tours – whether such dispute arises in contract or in tort or otherwise – shall be resolved exclusively by the state and federal courts located in Michigan, and you agree to personal jurisdiction of those same courts. The laws of the State of Michigan, USA, govern this agreement.

MERGER

This Agreement is the final, complete, and exclusive statement of the parties’ agreement on the matters contained in this agreement. It supersedes all previous negotiations and agreements.

LIABILITY, ASSUMPTION OF RISK, & INDEMNIFICATION

All travelers must agree to the following prior to your trip departure. 

Your acknowledgement of this Booking Agreement constitutes acceptance of all the terms in the Booking Agreement.

ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS

I am voluntarily participating on the Tour, which will involve a variety of activities depending on my itinerary and the activities in which I elect to participate, including but not limited to: sightseeing; classes; readings; lectures; demonstrations; tastings; guided tours; walking; biking; boating; hiking; swimming in various bodies of water such as oceans, rivers, and lakes; nature walks; encounters with wild fauna and flora; and/or other outdoor activities or sports (collectively, “Activities”). I understand that this list is not exhaustive of all Activities that may be made available to me and that I may decide to participate in.

I also acknowledge that I am voluntarily participating on the Tour with knowledge that travel involves numerous risks and dangers including, but not limited to, the following: dangers and risks inherent in Activities; negligence by Literati Tours and/or its suppliers and local operators in the conduct or arrangement of the Tour in any respect from inception to completion; emotional trauma; disfigurement, temporary or permanent disability, including paralysis; death; muscle strains, pulls, tears, broken bones, and shin splints; forces of nature; civil unrest and war; terrorism; roads, trails, hotels, vehicles, boats or other means of conveyance which are not operated or maintained at standards common in my country; crossing roadways and entering/exiting vehicles; the hazards of traveling in remote, unsafe or politically unstable areas or under unsafe conditions; high altitude; accident or illness without access to means of rapid evacuation or availability of medical supplies; the adequacy of medical attention once provided; physical exertion for which I am not prepared; transportation failures; equipment failures, malfunctions or deficiencies; contact with wild animals whether on foot or in vehicles; social or labor unrest; consumption of alcoholic beverages; stolen, lost or misplaced luggage or property; theft or break-ins into vehicles, lodging or elsewhere; mechanical or construction failures or difficulties; diseases; epidemics; bites or stings from insects or pests; local laws; climatic conditions; abnormal conditions or developments; negligence by third-party service providers; financial default of any third party suppliers; and any actions, omissions or conditions outside of Literati Tours’ control not mentioned herein.

I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Tour provided by Literati Tours. Furthermore, guides/instructors/facilitators have difficult jobs to perform involving judgment of the weather, the elements, the terrain, and other aspects of the Tour. They must also make judgments when providing warnings or instructions. They seek safety, but they are not infallible and may misjudge the weather or other environmental conditions.

I acknowledge that these are some, but not all, of the inherent and acquired risks associated with the activities performed on a Literati Tours tour. A complete listing of inherent and acquired risks is not possible.

I expressly agree to be responsible for my own welfare and fully assume all of the above risks, as well as all other risks set forth in this agreement, both known and unknown, voluntarily and knowingly, to the fullest extent permitted by law. 

YOUR LIABILITY

You agree to defend, indemnify, and hold Literati Tours and all of its respective owners, members, officers, directors, employees, agents, and successors and assigns harmless from and against any claims, causes of action, demands, suits, proceedings, investigations, losses, damages, fines, penalties, fees, expenses, costs and any other liabilities of any kind or nature including but not limited to reasonable legal and accounting fees, arising out of or related to:

· Your breach of this Agreement or the documents referenced herein;

· Your violation of any law, rule, regulation or guideline;

· Your violation, infringement or misappropriation of the rights of a third party, including without limitation any rights of publicity or privacy;

· Your use of this Website;

· Your booking or use of any Products obtained through this Website; or

· Your negligence or willful misconduct.

MEDICAL CERTIFICATION

I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the Tour, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions, which could interfere with my safety in the Tour, or else I am willing to assume the risk of and bear the costs that may result, directly or indirectly, from any such condition.

CREDIT CARD AUTHORIZATION FOR POST-BOOKING CHARGES

You authorize Literati Tours to charge your credit card that is on file for any fees incurred by the company arising from your conduct on the trip.

WAIVER OF LIABILITY, RELEASE, INDEMNIFICATION, AND COVENANT NOT TO SUE

To the fullest extent permitted by law, I, an adult traveler, or as parent or legal guardian of the Minor, for myself, the Minor, my heirs, legal and personal representatives, next of kin, including my spouse, successors and assigns (individually and collectively, “Releasors”), expressly RELEASE, WAIVE, FOREVER DISCHARGE, HOLD HARMLESS AND COVENANT NOT TO SUE Literati Tours, its owners, shareholders, officers, employees, directors, representatives, volunteers, guides, local operators and suppliers, successors and assigns (individually and together, “Released Parties”) from and against any and all liability, claims, causes of action, demands, costs, damages, losses or suits of any and every kind which I or the Minor now have or may later have against the Released Parties arising out of, relating to, or in connection with the Tour arranged through or provided by Literati Tours whether arising from the Released Parties’ negligence or otherwise.

In addition, I agree to fully indemnify (that is protect and defend, and satisfy claims against) and hold harmless each Released Party from any and all claims, actions, suits, and demands (including all reasonable attorney’s fees and costs incurred by the Released Party) initiated by a third party and arising from, attributable to, or related to my or the Minor’s negligent or intentional actions or inactions, whether arising from the Released Parties’ negligence or otherwise, occurring during the trip.

I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, all members of my family and all minors traveling with me or on whose behalf I am booking a reservation, including the Minor (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. It is my intention to fully assume all risks associated with the Tour and to release the Released Parties from any and all liability to the maximum extent permitted by law.

LIMITATION OF REMEDIES

YOU AGREE THAT THE SOLE REMEDY FOR ANY DEFAULT BY LITERATI TOURS LLC FROM OR RELATING TO THIS AGREEMENT AND/OR ANY TOUR SHALL BE THE RETURN OF THE PAID TOUR COST TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. LITERATI TOURS SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR OTHER DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING LOST PROFITS, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO RECOVER DAMAGES AS OUTLINED IN THIS PARAGRAPH.

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