Terms & Conditions

Last updated June 23, 2021

When you reserve a Holbrook Travel program, you agree to both our Booking Terms & Conditions and our General Release - Release, Limitation of Liability, Assumption of Risk & Binding Arbitration Agreement. Please review these agreements carefully.

Booking Terms & Conditions
General Release - Release, Limitation of Liability, Assumption of Risk & Binding Arbitration Agreement

 


Booking Terms & Conditions

Reservations, Release & Payments

A deposit and completed enrollment form is necessary to reserve your space on the trip. This deposit is per person and is applied to the total cost of the trip. All final payments are due no later than 95 days prior to departure or otherwise noted. Failure to deliver complete payment on schedule is considered notification of cancellation by default and subject to cancellation charges.

When you reserve a Holbrook Travel tour, you agree to our Release, Limitation of Liability, Assumption of Risk & Binding Arbitration Agreement (“Release”) on our website at holbrooktravel.com/terms. Holbrook Travel reserves the right to update and/or alter these terms and conditions at any time, and it is your responsibility to be familiar with them. The most current Holbrook Travel Booking Terms and Conditions can be found on our website at www.holbrooktravel.com and are effective immediately upon posting. You are deemed to have accepted any amendments to these terms and conditions on the date they are posted to our website, when we provide notice to you in writing by email or mail, if you continue to use our services, if you participate on one of our Programs (ours), or use our website, whichever occurs first.

Tour Costs

Land cost includes: Accommodations and meals as specified in the itinerary (including hotel/restaurant taxes, as applicable,) all local transfers, tours and activities as described in the itinerary. Accommodations listed in the itinerary are subject to availability and those of similar or better quality may be substituted.

Land cost does not include: Items not specifically mentioned in the itinerary, airport departure taxes, passport and visa fees, insurance, alcoholic beverages, soft drinks, bottled water, laundry, telephone calls, or any other expense of a personal nature. Neither will it include any tips – unless otherwise stated.

Prices quoted are based on rates in effect at the time of printing and are subject to change at any time. Even after full payment, Holbrook reserves the right to increase the program price in the event of cost increases beyond the control of Holbrook Travel and its Suppliers such as, but not limited to, changes in enrollment numbers, currency fluctuations, taxes or fuel or energy surcharges.  All such increases are to be paid to Holbrook upon notice to the program participant of such increases.

Cancellations and Refunds

Unless otherwise noted for your specific program or tour, cancellation fees are based on the following schedule:

Land Program Cancellation and Refunds - Cancellations received 95 days or more prior to departure are refundable less a $100 per person processing fee. Cancellations received fewer than 95 days prior to departure are not refundable. All cancellations must be received in writing; however, they will be considered effective upon advisement of the cancellation.

Cruise Program Cancellation and Refunds - Cancellations received 150 days or more prior to departure are refundable less a $100 per person processing fee. Cancellations received 149-96 days prior to departure are refundable less the full deposit amount of $350. Cancellations received fewer than 95 days prior to departure are not refundable. All cancellations must be received in writing; however, they will be considered effective upon advisement of the cancellation.

Holbrook Travel is not responsible for any expenses incurred by travelers in preparation for the program (e.g. non-refundable airline tickets, seat reservations, passport or visa fees, travel insurance, gear or equipment, etc.), including in the event of program cancellation for any reason.

Physical Accessibility

All trips require physical independence and mobility. Any physical or mental condition that may require special medical attention or physical assistance (for example, the need for a wheelchair) must be reported in writing when you make your reservation. Participants must be able to embark or disembark motor coaches alone or with minimal assistance from your traveling companion and climb stairs and step over raised thresholds without assistance. Participants requiring assistance must travel with a companion who will be responsible for handling equipment. No special considerations are made for medical condition or physical handicaps. The passenger accepts full responsibility for evaluating his/her fitness for this expedition, and shall bear any additional expense should he/she be physically unable to participate in any or all portions.

Travel Insurance

We strongly recommend that you purchase trip cancellation insurance. In the event that you must cancel your participation on a trip, trip cancellation insurance may be the only source of reimbursement. We also highly recommend that you consider securing “cancel for any reason” travel coverage (CFAR), which must be obtained soon after your first deposit is paid for your travels.  Many travel insurance policies treat Covid-19 as any other illness for the purpose regarding coverage.  We encourage you to make sure that your insurance policy covers Covid-19.  “Fear” of Covid-19 or a positive Covid-19 test alone will not be covered.

Assumption of Risk

I have voluntarily applied to participate in the tour on which I am booked, which may involve hiking, whitewater rafting, swimming, snorkeling, diving, game safaris, turtle patrols, horseback riding, and/or transportation via boat/vehicle/aircraft (“Adventure Activities”). I am voluntarily participating in this tour with the knowledge of the numerous risks and dangers involved, which include but are not limited to: dangers and risks inherent in Adventure Activities; negligence in any manner on the part of Holbrook Travel, Inc.; emotional trauma; disfigurement; temporary or permanent disability, including paralysis; death; acts of God; forces of nature; explosion, flood, hurricane, tempest, tidal wave, earthquake, landslide, forceful wind, fire or accident; the hazards of traveling in remote, unsafe or politically unstable areas or under unsafe conditions; the dangers of civil disturbances and war; forces of nature; transportation failures; equipment failures; accident or illness in remote places without access to medical facilities, transportation, or means of evacuation and assistance; sanitation deficiencies; illness; disease or virus, both known and unknown, such as coronavirus (including but not limited to the community spread thereof); epidemic; pandemic; quarantine; border closures; government travel restrictions or warnings; regulations or orders, acts or non-acts of any governmental entity or official; diplomatic or health organization (e.g., World Health Organization) warnings; foodborne, airborne, and communicable illnesses and disease; bites or stings from insects or pests; unexpected events; terrorist activities, social or labor unrest or strike; mechanical or construction failures or difficulties; diseases; local laws; climactic conditions; abnormal conditions or developments; negligence or intentional actions by other participants including traveling while sick with or without symptoms or any actions, omissions, or conditions outside of Holbrook Travel, Inc.’s control not mentioned in this agreement. The right is reserved to decline to accept as a program participant, or remove from a program, without refund, any person Holbrook judges to be incapable of meeting the rigors and requirements of participating in the activities, or who is abusive to other program participants, leaders or third parties, or who Holbrook determines to detract from the enjoyment of the program by others.

All contracts for services provided by Holbrook Travel Inc. and its affiliates are entered into in the State of Florida and all parties to such contracts submit to the exclusive jurisdiction of the courts of the State of Florida.


General Release - Release, Limitation of Liability, Assumption of Risk & Binding Arbitration Agreement

Please read this release carefully as it is a legally binding contract. We must have an acknowledgement from each traveler (whether adult or a minor under 18 years old) by signing a participant form or accepting the terms in the online portal, “My Account”.  A parent/guardian must acknowledge this General Release on behalf of a minor who is participating on a tour.

Responsibility

Holbrook Travel, Inc., its owners, employees, shareholders, affiliated entities, agents, representatives, officers, directors, associates, volunteers, successors and assigns (collectively, “Holbrook”, which acts only as an intermediary for its suppliers, assumes no responsibility for and cannot be held liable for any negligent or willful act or omission of any supplier or other third party, or for their financial insolvency, bankruptcy, or dissolution. A supplier’s services are subject to the supplier’s own terms and conditions, as well as the local laws and regulations of the relevant country.

I assume full and complete responsibility for checking and confirming any and all passport, visa, vaccination, or other entry requirements of each destination and all safety or security conditions at those destinations. I agree that photographs taken of me during this trip may be used by Holbrook Travel for marketing materials or other purposes.

COVID-19:  I am aware that while on or traveling to or from my trip, I might be exposed to COVID-19 from other people, animals or objects. I assume all risk of any such contacts, including sickness, incapacity or death and agree to hold harmless Holbrook from any such developments, for myself or any minor in my custody. In addition, I recognize that the U.S. Department of State as well as the Centers for Disease Control and Prevention may have warnings concerning same or other travel warnings. See https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html and https://wwwnc.cdc.gov/travel/destinations/list

I also accept the following risks of participating on this trip including, without limitation:  All other risks associated with coronavirus (COVID-19) including preclusion from public or private buildings, land or areas, inconvenience, limitations and closures, etc.; risk of my travel insurance not covering COVID-19 related claims; all risks regarding transportation problems including, without limitation, entry into or exit from any country and/or difficulties with or closure of transportation systems or the unavailability of other features or attractions within the country where my trip takes place; The likelihood that at some or all destinations or facilities and/or on cruises, motor coaches or at hotels or restaurants I may be required to undergo a temperature check, wear a mask while in public and observe social distancing requirements and/or produce evidence of a vaccination against COVID-19; the potential for being quarantined, even if I am not symptomatic and/or do not have COVID-19 and/or the possible requirement that I have a negative COVID-19 test immediately before or on or after arrival at my destination.  Any expenses incurred, including but not limited to medical expenses, testing fees, quarantine and evacuation expenses as a result thereof are to be borne by me, the participant.

Release of Liability

As lawful consideration of, and as part of the payment for, the right to participate in the tour, and as part of the payment for the services arranged for me by Holbrook Travel, Inc., I HEREBY EXPRESSLY AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE AND ASSUME ALL OF THE ABOVE RISKS, INCLUDING BOTH THOSE KNOWN AND UNKNOWN TO ME.

As lawful consideration of, and as part of the payment for, the right to participate in the tour, and as part of the payment for the services arranged for me by Holbrook, I HEREBY EXPRESSLY AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS FOREVER Holbrook Travel, Inc., their owners, employees, shareholders, affiliated entities, employees, agents, representatives, officers, directors, associates, volunteers, successors and assigns from and against any liability, actions, causes of actions, debts, suits, claims and demands of any and every kind and nature whatsoever which I now have or which may hereafter arise out of or in connection with my tour or participation in the activities arranged for me by Holbrook Travel, Inc.

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, my and their heirs, successors, assigns, and legal representatives. It is my intention to fully assume all risks associated with this tour and to release Holbrook Travel, Inc. from any and all liability to the maximum extent permitted by law.

Parent or Guardian on Behalf of a Minor Traveling - In consideration of the services (“tour”) provided by Holbrook Travel, Inc. (“Holbrook,” “we,” or “us”), I, an adult traveler or parent or legal guardian of a traveler who is a minor (under 18 years of age; the “Child” or “Minor”), acknowledge and agree to the following terms and conditions to the maximum extent allowed by law on my own behalf or, if applicable, on behalf of the Child.

Indemnification

I further agree to “indemnify” (meaning to defend and to pay or reimburse Holbrook Travel, Inc. against any claim by any person, including minors, arising in whole or in part from an injury or other loss suffered or caused by me in connection with the tour or my participation in the Adventure Activities.

Binding Arbitration

Any dispute concerning, relating or referring to this Agreement, the brochure or any other literature concerning the trip, or the trip itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. Sections 1-16, either according to the then existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) Florida law and will take place in Alachua County, Florida. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Please understand that by agreeing to these terms and conditions, the participant and Holbrook are waiving the right to a trial by jury.  Any arbitration commenced against Holbrook must be on behalf of only the signatory to this Agreement and his or her immediate family members who travelled with signatory, such as a spouse or child.  Under no circumstances can participant be part of a class or other joint action.

Class Action Waiver and No Punitive Damages

You are waiving your right to serve as a representative, litigant, or in any other representative capacity, and/or to participate as a member of a class of claimants, in any lawsuit/arbitration filed against us In no event shall we be liable for or pay punitive damages.

Knowing and Voluntary Execution

I have carefully read and understand the provisions and legal consequences of this agreement, and I hereby agree to all of its conditions. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

I understand that in calculating the cost of the tour, Holbrook Travel, Inc. has relied on my consent to these terms and their enforceability. Without this agreement, the tour cost would have been higher or, alternatively, Holbrook Travel, Inc. would not be able to offer these services. I agree that execution of a facsimile counterpart or electronic transmission of this agreement shall be deemed execution of the original agreement.

I agree that facsimile or electronic transmission of an executed copy of this agreement shall constitute acceptance of this agreement.

By participating in a Holbrook Travel tour, I also acknowledge that I have carefully read and fully understand and agree to the contents and legal consequences of Holbrook Travel Booking Terms and Conditions, the itinerary of my specific trip, and any other Holbrook Travel material that governs my trip.