These Analog LLC, DBA Bingham Expeditions (“BX”) Terms & Conditions apply to Book-worthy Expeditions departing between January 1, 2024 and December 31, 2024 and bookings for future years until updated.
INCLUDED IN BOOK-WORTHY EXPEDITIONS
All accommodations, internal flights per the itinerary, meals, English-speaking guides and sightseeing, as noted in the itinerary; park and entrance fees; arrival and departure transfers; coffee/tea/soft drinks/water at included meals; local bottled water; porterage of up to two (2) pieces of baggage per person; complimentary Internet access (where available on cruises and at land accommodations; service levels are not guaranteed); and hotel taxes.
Additional Inclusions:
Short recap film and photo library.
NOT INCLUDED IN BOOK-WORTHY EXPEDITIONS
International airfares to the starting or from the ending point, unless otherwise noted; costs associated with obtaining passports or entry visas; reciprocity and other border fees; airport departure taxes, unless otherwise noted; excess baggage charges; all gratuities; meals other than those specified in the itinerary; room service; beverages other than those noted in inclusions above or specified in the itinerary; any meals for your guide if you invite him/her to dine with you; sightseeing not included in the itinerary; and personal expenses such as laundry, communication charges, and optional activities (which are subject to availability).
HOTEL/LODGE/CAMP CHECK-IN
Most hotels allow check-in to take place during the midafternoon. Should you wish to have a guaranteed room ready for your immediate check-in upon arrival, it requires an additional room night to be confirmed. Please ask BX for details and prices. Requests for early check-in based on hotel availability cannot be guaranteed and are at the sole discretion of the hotel.
ROOM UPGRADES/SPECIAL REQUESTS
Upgrades are typically available on request at individual hotels for an additional cost. Please ask BX for details and prices. Specific requests such as adjacent or connecting rooms, bedding requests, smoking rooms and special dietary needs should be advised at time of booking. Please note that reasonable efforts will be made to secure special requests; however, they cannot be guaranteed.
ITINERARIES
BX reserves the right to modify program itineraries, including arranged sightseeing and featured experts, and substitute accommodations, including vessels, aircraft and trains, at any time due to unforeseen circumstances or circumstances beyond BX control. Reasonable efforts will be made to operate itineraries as planned, but alterations may occur after the final itinerary has been issued. All scheduled sightseeing has been confirmed in advance, but venues including wildlife reserves, museums and other points of interest can change their hours of operations at short notice. If this occurs, your guide will offer alternative arrangements.
AIR TRANSPORTATION
International airfare (to the starting point and from the ending point) is not included in program pricing. Some expeditions require internal flights as specified in the itinerary. This airfare is typically included. In the instance where charter flights are used and seating is limited, BX reserves the right to substitute and confirm air reservations on an available alternative scheduled air flight. All internal air is based on economy class seating and is 100% non-refundable at time of final payment (some exceptions may apply). All international and internal air quotes are subject to change until final payment has been received by BX. Flight confirmation is based on availability. Air reservations cannot be confirmed until a passport copy is received by BX.
All air carriers are independent contractors and are not owned, managed, controlled or operated by BX. Your airline ticket constitutes a contract between yourself and the airlines (and not BX), even if purchased through or with the support of BX. BX shall not be liable and does not assume responsibility for, or accept claims with regard to, seat assignments, name changes, schedule changes, flight changes and/or cancellations. Should you change or cancel your air transportation arrangements before or after your travel begins, all airline change and cancellation fees will apply.
BAGGAGE
BX provides porterage of up to two (2) pieces of baggage per person. Please note should your expedition include internal/domestic or charter flights, your luggage allowance may be less than two (2) pieces of baggage and weight/size restrictions and additional costs may apply.
Details will be provided in your Pre-Travel Documentation. Baggage and personal effects are at the owner’s risk throughout the travel program, and BX assumes no liability for lost or damaged baggage. Please check with your international carrier for other baggage restrictions and fees applicable to your international flights.
PRICES AND ARRANGEMENTS
Quoted expedition prices are per person, single occupancy except where indicated. Although not expected, published prices may be modified due to unexpected significant external factors not forecasted at the time of printing. BX is under no obligation to give a breakdown in costs of any expedition. Any modifications to a Bespoke itinerary, including dates or number of people traveling, will require a revised proposal.
ACTIVE ELEMENTS & CONDUCT
The suppliers of some activities on expeditions may require a minimum age or minimum/maximum height or weight to participate. Some active elements have been incorporated into select itineraries. To enjoy the expeditions as intended, a minimum level of fitness is required. BX will require prior notice if any participant has any physical or other condition or disability that would prevent them from participating in active elements of any expedition and/or could create a hazard to himself or herself or to other members of the group. Specific expeditions have conditions that may require a guest to produce a doctor’s note prior to travel. BX will make reasonable efforts to accommodate a disability-related request for accommodation. However, if BX, in its sole discretion, is unable to properly accommodate the need of the person(s) concerned or believes that health and safety may be compromised, BX reserves the right to refuse participation. The guest represents that neither he nor she nor anyone traveling with him or her has any physical or other condition or disability that could create a hazard to himself or herself or other members of the tour. BX also reserves the right to remove from the trip, at the guest’s own expense, anyone whose physical condition or conduct negatively impacts the enjoyment of the other guests or disrupts the tour.
TRAVEL INSURACE
Travel insurance is not included in the price of the expedition and is required. BX can make recommendations for travel insurance coverage but makes no claim to which company or policy is best suited for guests.
PASSPORTS AND VISAS
It is the guest’s sole responsibility to obtain and have available when necessary the appropriate valid travel documents. All guests are advised to check with the appropriate government authority to determine the necessary documents required for their travel. A valid passport is required for U.S. and Canadian citizens traveling to all international destinations. Passports must be valid for six (6) months after completion of your expedition and should also have sufficient blank visa pages for entry and exit stamps. Many destinations also require a visa for U.S. and Canadian citizens; this will be indicated in your Pre-Travel Documentation. Citizens of other countries should contact the appropriate consular office for entry requirements pertaining to their expedition. You may be refused boarding or disembarked from a plane, vessel or train without liability for refund, payment, compensation, or credit of any kind if you do not have proper documentation, and you will be subject to any fine or other costs incurred by BX which result from improper documentation or noncompliance with applicable regulations. BX shall not be responsible should any guest be denied entry to a country due to noncompliance with these requirements.
RESERVATION AND PAYMENT SCHEDULE
Any payments made to BX constitute your acceptance of the terms and conditions set out herein and in more specific pre-travel documentation, including the guest information form.
Deposit per person required at time of booking: A deposit of 25% per person for Book-worthy Expeditions and 50% of the quoted price for Bespoke Expeditions is required at the time of booking. Final payment is due 90 days prior to departure. If your reservation is made within 90 days of departure, the entire cost of the trip must be paid at the time of the request in order to secure confirmation. Additional deposits may be required for planes, vessels and trains, including private charters; select accommodations as noted in your proposal; exclusive private use of accommodations or venues; groups of 10 or more; or itineraries that fall over holiday or festival seasons.
CANCELLATION CHARGES
Cancellations must be received in writing and will become effective on the date of receipt, fax or email. Cancellations received by BX are subject to the following:
CANCELLATION FEES PER PERSON
120-91 days prior to departure: 25% of the expedition price
90-61 days prior to departure: 50% of the expedition price
60 days prior to departure (or less): 100% of the expedition price
The guest agrees the sums referenced in the cancellation provisions above are not a penalty and represent a reasonable effort on behalf of BX to establish its loss prospectively and represent liquidated damages. These include amongst other costs but not limited to fees charged by hotels and travel suppliers, guide services and partners to BX for canceled reservations.
Changes to the Itinerary:
The guest will be responsible for any changes or cancellations made to the itinerary at their request or beyond their control, before or during travel, including expenses incurred due to a change, delay or cancellation of any flights.
CANCELLATION CHARGES FOR EXTRA SERVICES
Additional hotel nights and other extra services booked in connection with BX expeditions are subject to specific cancellation penalties. These will be provided at the time of booking and noted on the invoice.
COVID-19 ACKNOWLEDGEMENT
Guests must provide required health documentation for travel and agree to comply with all health protocols as directed by BX staff during their expedition. Noncompliance with these measures will result in not being able to travel or continue on the expedition. Guests voluntarily assume all risks and related expenses in the event that they or any member of their traveling party require testing or quarantine, become infected with COVID-19 or experience travel interruptions or delays. Guests are required to follow the legal and regulatory requirements regarding COVID-19 testing and quarantine per individual country regulations. The testing procedures and results are solely subject to the control of local governments. BX has no control and no authority to overrule, change or amend local government policies as they relate to testing or providing private quarantine facilities. BX will assist all guests where COVID-19 testing is required; however, BX is merely acting as a facilitator in order to assist guests who require a COVID-19 test. All COVID-19 testing is carried out by third party testing facilities with no association or affiliation to BX, and BS is not liable or responsible for any results, issues, delays or problems encountered during the testing process or the performance or non-performance of the testing facilities.
FORCE MAJEURE
Force majeure means unusual and unforeseeable circumstances beyond BX’s control or the control of our suppliers, the consequence of which neither BX, nor its suppliers, could avoid even with all due care, including, but not limited to, war or threat of war; riot; civil strife; terrorist activity (actual or threatened); industrial dispute; technical problems with transport, machinery or equipment; outages or power failures; natural or nuclear disaster; fire, flood, drought or adverse weather conditions; pandemics, epidemics or outbreaks of illness; and ice conditions in oceans and level of water in rivers.
In the event of a cancellation or material alteration to the expedition as a result of the circumstances as described in this clause, BX may in its sole and absolute discretion:
(i) offer the guest(s) alternative travel arrangements or products of comparable standard as may be appropriate in the circumstances; or
(ii) if alternative travel arrangements or products are not offered by BX, BX will provide a travel credit to the guest equal to the value of the trip less any sums BX is not able to recover from any supplier.
BX cannot assume responsibility for any other travel related costs included but not limited to air, insurance, visas and other travel arrangements, etc.
CLAIMS AND REFUNDS
BX will not accept any liability for any claims and will not provide refunds except as may be specifically allowed herein.
PHOTOGRAPHY DURING TRAVEL
BX reserves the right to take photographs and video of guests during the operation of any program or part thereof and to use, re-use, publish, and republish their image, identity likeness, name, voice, interview, statements, video clips and sound recordings, and/or photographic portraits or pictures in which guest(s) may be included (an “Image”), for promotional purposes during the program and thereafter. By booking an expedition with BX, guests acknowledge that BX is the owner of the photographs and video and agree to allow their Image to be used in such photographs and videos, which may thereafter, be used by BX. Guests who prefer that their images not be used must (1) identify themselves to the Expedition Leader at the beginning of their expedition; and (2) notify their BX by email, not later than thirty (30) days following the end of the expedition. In the event the guest fails to comply with both obligations, the guest shall not be exempt from this section. If such written notice is not timely provided, the guests have granted unrestricted rights and permission for BX to use the Images.
LIMITS ON BX’S RESPONSIBILITY
Neither BX, affiliates or subsidiaries, nor any of their respective employees, shareholders, officers, directors, successors, representatives, agents and assigns (collectively the “BX Parties”), owns or operates any entity which is to or does provide goods or services for your trip. BX purchases transportation (by aircraft, coach, train, vessel or otherwise), hotel and other lodging accommodations, restaurant, ground handling and other services from various independent suppliers. All such persons and entities are independent contractors. As a result, the BX Parties are not liable for any negligent or willful act of any such person or entity or of any third person.
In addition and without limitation, the BX Parties are not responsible for any injury, financial or physical loss, death, inconvenience, delay or damage to personal property in connection with the provision of any goods or services whether resulting from but not limited to acts of God or force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time.
There are many inherent risks in adventure travel of the type involved here, which can lead to illness, injury, or even death. These risks are increased by the fact that these trips take place in remote locations, far from medical facilities. Guests assume all such risks associated with participating in these trips.
If you decide to participate in any activities including, but not limited to, any excursions involving animals, riding on animals, scuba diving, snorkeling, boating, hot air ballooning, helicopter flights, ziplining, high altitude treks, climbing, quad biking, parasailing, parachuting, kayaking, whitewater rafting, jet boat rides, snowmobiling, primate tracking and any other activity which BX considers to carry inherent risk of serious illness, injury or death (“Activities”), then you fully understand and acknowledge that Activities carry with them various inherent risks, including serious illness, injury or death and you take complete responsibility for your own health and safety and agree to assume all risks of injury, illness or death, whether foreseen or unforeseen, that may befall you as a result of participating in any Activities and agree to release the BX Parties from any liability whatsoever related thereto.
Further, as consideration for being permitted to participate in the Activities; you release the BX Parties, whether known or unknown, from, and agree not to sue or make claim against the BX Parties for, property damage, cancellation of any Activities for any reason, illness, negligent rescue operations or procedures, personal injury, or death arising out of your participation in the Activities, and any activity related thereto, including transportation to and from the site of the Activities, regardless of whether such property damage, illness, personal injury, or death results from the negligence of the BX Parties and/or from any defect in equipment. You further agree to indemnify and hold the BX Parties harmless with respect to any claim made against the BX Parties by anyone else which (a) related to your participation in any trip or any Activities, or (b) which would be subject to the above release and covenant not to sue if you had made the claim directly yourself. Upon receipt of notice of the assertion of a claim, the BX Parties reserve the right to approve, or withdraw approval of, counsel, in its sole discretion.
TRAVEL ADVISORIES/WARNINGS
It is the responsibility of the guest to become informed about the most current travel advisories and warnings by referring to the U.S. State Department or their respective government agencies. In the event of an active State Department or government agency Travel Warning against travel to the specific destination location(s) of the trip, should the guest still choose to travel, notwithstanding any travel advisory, the guest assumes all risk of personal injury, death or property damage that may arise out of the events like those advised or warned against.
ARBITRATION AGREEMENT
Any controversy or claim arising out of or relating to these Terms and Conditions, to the Limits on BX’s Responsibility clause, to any BX brochure, or to any information regarding any BX expedition, service or package, or to any BX-related trip, activity, service or package, shall be settled in the first instance by binding arbitration before one (1) arbitrator in Washington State, USA. Any party or their representative may appear for the arbitration by telephone or video conference. Each party shall bear its own fees, costs and expenses and an equal share of any arbitrator and administrative fees; however, the prevailing party shall be entitled to full recovery of all such costs and fees. Disputes shall be arbitrated on an individual basis, with there being no right or authority for any disputes to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public, other travel suppliers or other entities similarly situated.
AMENDMENTS
BX reserves the right to correct any errors or omissions in its published materials and to amend these Terms and Conditions at any time as the result of any material changes to legislation or regulation. All amended Terms and Conditions shall automatically be effective upon being posted by BX to the website binghamexpeditions.com. Accordingly, guests should check the website binghamexpeditions.com prior to travel in order to ensure they are aware of any changes.
PRIVACY NOTICE
See the BX Privacy Notice, which can be found at binghamexpeditions.com/privacy, and which is incorporated herein.0
