Terms and conditions


The following TERMS AND CONDITIONS, TRAVEL AND MEDICAL INSURANCE RECOMMENDATIONS, and RELEASE OF LIABILITY AND ASSUMPTION OF RISK attached here to (collectively the “Contract”) are entered into by Landed Travel, LLC (“we” or “Landed”) and the purchaser of a Trip and all others purchaser is arranging a Trip for, including, to the extent permitted by applicable law, the purchaser’s traveling minors (hereinafter referred to as individually or collectively as “I”, “you”, “they” or “Client” and/or “Additional Travelers”). Reservation (whether written, by email, by telephone, through a travel agent, or online) and payment of the requisite payment for a Trip arranged by Landed shall constitute agreement and acceptance of this Contract. Landed will only arrange for and plan a Trip for those who agree to this Contract.

Definitions:

All travel arrangements, including a Package, may be referred to as “Trip”. “Date of Travel” refers to the date of your Trip departure. “Itinerary” refers to the unique Itinerary designed for Client by Landed based on Client’s requests and comments. “Final Itinerary” refers to the last draft of the Itinerary received by Client prior to the Date of Travel. “Supplier(s)” include, but are not limited to: air, land or water carrier; hotels; lodges; transportation providers; tour providers; cruise operators; restaurant; and any company or person rendering any of the services, activities or programs. “Travel Documents” includes: Travel itinerary for land arrangements, flight schedule, list of contacts, flight records/confirmation numbers; and excludes: paper or electronic air tickets, passports, and visas. “Book”, “Booking” or “Booked” means the purchase of Trip components by Landed upon receipt of payment in full from Client. “Reservation” refers to Client’s agreement to this Contract and Landed’s receipt of the requisite payment under this Contract. “Design and Curation Charge” includes the fee assessed for time spent creating a travel plan. This charge is non-refundable and non-applicable to the package price. “Non-Refundable Reservation Fee” shall be non-refundable and in alignment with Landed’s “Cancellation Policy” contained in this agreement. “Trip Down Payment” and “Trip Deposit” shall be the amount equal to a percentage of the Trip cost determined by Landed at the time of Reservation (typically equaling 30-50% of the Trip cost) and will consist of the Non-Refundable Reservation Fee. A portion of the Trip Down Payment and Trip Deposit may become non-refundable at any time pursuant to the terms of this Contract.

Additional Travelers:

If you are arranging for a Trip on behalf of others (hereinafter “Additional Traveler(s)”), when you submit a Reservation request (either directly or through a travel agent) for the Additional Travelers, you agree to communicate the terms of this Contract to the Additional Travelers, and that you are authorized to accept this Contract and sign on their behalf. Every Additional Traveler will be bound to this Contract as if he or she had signed and accepted it personally. Further, by signing on behalf of the Additional Travelers, you agree to indemnify, hold harmless, and defend Landed and its managers, members, contractors, employees, other subsidiaries/affiliated or associations companies, agents, and subagents, from and against any liability claimed by Additional Travelers for any damages, injuries, claims, and liabilities that would otherwise be covered by this Contract. Client and each Additional Traveler must separately sign the Release of Liability and Assumption of Risk attached hereto. For purposes of this Contract, each “Additional Traveler” includes, to the extent permitted by law, minor children of any Additional Traveler that participate in the Trip.

Itinerary:

Landed has designed your Itinerary based on comments from you and/or your travel agent. You are responsible for reading and understanding the Itinerary. By initialing and signing this Contract, you acknowledge that you have read, understood, and agreed to all items in the Itinerary. If you make any changes to the Itinerary after agreeing to this Contract, you will be responsible for any and all change fees and/or cancellation fees. Landed shall not be responsible for any change or cancellation fees.

Air Transportation:

Landed requires each Client’s and Additional Traveler’s full name, passport information (in the form of a legible copy of the passport photo page), and payment in full in order to Book and issue air tickets. Air reservations cannot be Booked until that information and payment in full is received. All airfare rates arranged through Landed are subject to change until Booked. All airfares and conditions thereof are subject to change until full payment for the Trip has been obtained. Flight times are subject to change without notice. Flights are often delayed and cancelled. Landed strongly recommends that you purchase comprehensive travel insurance to cover against such events. Landed is not responsible for any losses or damages resulting from delayed or cancelled flights. Landed is not responsible for and will not refund Clients for missing any services, hotels, or other components of the Itinerary due to flight delays or cancellations. All air tickets are non-refundable and non-endorsable. Air tickets shall constitute the sole contract between the airline and Client and/or Additional Travelers.

Package Inclusions/Exclusions/Substitutions:

“Package” includes: (1) hotel accommodations for the number of nights and room category mentioned in the Itinerary, and (2) features and services as described under Package Inclusion section of the Itinerary. Package prices are subject to change without notice until full payment is received. Client is responsible for any other costs or expenses (Package Exclusions) associated with the tour Package including, but not limited to, passport or visa fees, airport taxes or surcharges, excess baggage charges, meals not specifically included with the Package, tips, items of a personal nature (e.g. telephone calls, laundry, purchases), and any other costs not included with the Package.

Currency/Price Guarantee:

All prices quoted are in U.S. dollars. Prior to Landed receiving payment in full, prices are subject to change without notice until Booking is complete. To avoid changes in prices, you can pay in full at the time of Reservation. Any changes requested after Booking will be subject to the then current prices at the time of change. Package price is quoted as a total including planning, handling, and operational charges. The Package price cannot be itemized.

Reservations and Payment Policy:

Reservations should be made as early as possible before the Trip. All Reservations are subject to availability at the time of Booking. All Reservations made at least 60 days before the Date of Travel must include the Trip Deposit, which will be applied toward purchase of Landed services (e.g. hotel, car rental, tours, land transfers) for the Trip, and will be non-refundable in the event of cancellation in accordance with this Contract. Reservations made 60 days or less before the Date of Travel must include the full Trip cost. Some destinations require full payment 90 days prior to Date of Travel.

Land Transfers:

Unused transfers (i.e. land transportation services) are non-refundable. Landed’s ability to provide transfer service is subject to our timely receipt of your complete flight itinerary (if we did not Book it for you) and ”record locator/PNR (passenger name record).” If Landed does not have complete flight itinerary and record locator/PNR prior to the issuance of travel documents, those transfers will not be provided.

Special Travel Requirements:

Landed’s Trips are available to all persons. Landed’s brochures and other publications may not list special services and equipment available to accommodate persons with special needs. At time of Reservation, you must inform Landed of any special requirements and special service or equipment needs. Fees for such arrangements may be billed separately.

Train Tickets, Cruise Tickets, National Park Fees, Hiking Trail Tickets, and Entry Fees:

Train tickets, cruise tickets, national park fees, hiking trail tickets, and certain entry fees cannot be Booked without full advance payment and a legible copy of each Client’s and Additional Traveler’s passport photo page. Although these components may be included in your Itinerary, they are subject to availability and cannot be Booked without passport information and payment in full. Once you have provided payment and passport information, Landed will make reasonable efforts to secure any such items included in your Itinerary; however, availability of these items cannot be guaranteed in advance. Landed reserves the right to offer substitute services or alter the Itinerary as necessary.

Health:

Landed strongly recommends all Clients and Additional Travelers contact their medical practitioners prior to travel for a fitness evaluation (especially for travel to places higher than 6,000 feet above sea level due to physical endurance and exertion demands), and for advice on the appropriate precautions, inoculations, vaccinations, etc. Modern medical facilities may not be immediately accessible in some locations. Client understands that medical evacuation, if available and necessary, is difficult, expensive, and time-consuming, and agrees to assume responsibility for payment of any medical evacuation expenses incurred if Client becomes injured or ill. Your medical insurance may not cover medical expenses incurred while traveling and it is recommended that you consult your insurer and determine whether you should purchase a supplemental insurance policy.

Proof of Citizenship/Visas:

Clients and Additional Travelers are responsible for ensuring that they travel with the correct documentation, i.e. a valid passport and any visa(s) required to enter the countries included in the Itinerary. Landed shall not be responsible for Clients and Additional Travelers failure to obtain and possess correct travel documentation. Be advised some visas can take weeks or months to obtain. Please consult the State Department website for specifics. Passports must be valid for six months after your scheduled return date to the United States.

Confirmation and Full Payment:

The payment of the Trip Deposit is required to secure Reservations that are made more than 60 days prior to the Date of Travel. Based on each individual Trip, the Trip Deposit will include the Non-Refundable Reservation Fee as well as a Trip Down Payment that ranges from 30% to 50% of the anticipated Trip costs; however, Landed reserves the right to increase the Trip Deposit according to Supplier’s terms and conditions and fluctuation in currencies. Should a request be received less than 60 days prior to the Date of Travel, these Reservations can only be confirmed upon receipt of full payment for the Trip costs. For all Reservations, full payment is due to Landed no later than 60 days prior to the Date of Travel. Some destinations require full payment 90 days prior to Date of Travel.

Credit Card:

If Client is paying a Trip via credit card, then payment obligations are due to be paid immediately, and the Client’s initial credit card authorization to pay for the Trip Deposit shall also apply and authorize payment for any subsequent payment obligations arising under this Contract for the Trip. CLIENT WILL NOT SEEK TO REVERSE OR DISPUTE ANY CREDIT CARD CHARGES WITH ITS CREDIT CARD COMPANY FOR ANY REASON WHATSOEVER.

Final Itinerary/Travel Documents:

For most reservations, Landed prepares a personalized Final Itinerary prior to Client’s departure. Final Itineraries are based on information available at the time they are prepared. All times listed are approximate. Specific guides, tour leaders, etc. cannot be guaranteed, and may be substituted. Flights may change after your Itinerary is prepared. You are solely responsible for verifying your flight information. Landed is not responsible for missed flights or related losses or damages. Landed is not responsible for the Client’s cost of travel if Client decides to return home before completion of Final Itinerary.

Travel Documents will not be sent until full payment is received. Travel Documents are sent electronically, usually two to three weeks prior to the Date of Travel. Vouchers will not be sent to you prior to departure; if vouchers are needed, they will be provided to you in your destination country or countries. While traveling, you may receive additional information from our in-country representatives. Refer to these locally provided documents as they may reflect current conditions not known at the time the Final Itinerary was prepared.

Change Fees:

Change fees are applied on a per person per change basis. All changes are subject to availability. Fees for changes made after travel begins will be assessed on an individual, case-by-case basis. Changes made more than 60 days prior to the Date of Travel will be assessed a $100 per person fee by Landed. Changes made within 60 days of the Date of Travel will be assessed a $200 per person fee by Landed. All change fees specified above are in addition to any applicable cancellation fees, change fees, and charges assessed by Suppliers.

Cancellation Fees:

All cancellations must be made in writing. Cancellation fees are listed in the Cancellation Policy included herein.

In addition, Landed reserves the right to alter the Cancellation Policy should our Suppliers apply different penalties to those listed above. Please check with Landed when making your Reservation. Refunds for air tickets and charter flights will be governed by the policy of the individual airline. Upon cancellation of the transportation or travel services, where Client is not at fault and has not canceled in contradiction of any terms and conditions of this Contract, all sums paid to Landed for services not provided will be promptly paid to Client to the extent Landed is able to recover sums already paid from the Supplier, and excluding the non-refundable Initial Payment. Where Landed has remitted the payment to a Supplier without obtaining a refund, or where the Supplier defaults in providing the agreed-upon transportation or service. In this situation, Landed must provide Client with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a Supplier, proof of current registration with that Supplier. In this instance, Client may seek to obtain reimbursement directly from Supplier.

Refunds:

For verifiable refund claims to be considered, they must be received by Landed within 30 days of original date of scheduled completion of travel (i.e. the “Completion Date”), accompanied by supporting documentation verifying the claim. If claims are not filed within 30 days of Completion Date, Landed will be fully released from all further liability. Refunds must be requested in a writing sent to Landed and, if applicable, separately to your travel insurance provider. All refunds are subject to the non-refundable Initial Payment. If documents have been issued, these must accompany any request for refund. Acceptance of a refund constitutes a waiver by Client of all rights and remedies under applicable law. Any adjustment considered will be based on the actual price of the services involved and not on a per diem basis. Adjustments will not be made for unused tours, transfers, or meals.

Missed Services:

Should Client choose to miss any Booked services over the course of his or her Trip, Landed will not refund the costs for these unused services, including, but not limited to, unused sightseeing, tours, accommodations, flights, transfers, and meals.

Conduct:

Landed reserves the right to decline, accept, or retain any Client or Additional Traveler in arranging a Trip at any time and for any reason that affects the operation of a Trip or the rights and welfare or enjoyment of others. If a Client or Additional Traveler is removed from the Trip, a proportionate refund may be requested in writing in accordance with this Contract. Refund of the recoverable Trip costs is the limit of Landed’s liability in this event.

Responsibility and Agent Status:

Landed and its managers, members, contractors, employees, other subsidiaries/affiliated or associations companies, agents, and subagents act only as booking agents for Client. Landed is not a Supplier under this Contract. Under no circumstance is Landed to be construed as a Supplier nor under any contract for safe passage of the Client, Additional Travelers, or for their luggage and/or belongings. Landed will arrange tickets, Bookings, and reservations with Suppliers only as agent for its Clients who accept this Contract.

Suppliers:

Suppliers are independent proprietors with their own ownership and management and are not affiliated in any way with Landed. Suppliers may include, but are not limited to hotels, cruise operators, lodges, transportation service companies, tour providers, airport service providers, air and sea charter providers. Landed is not liable for, and Client hereby waives and releases any right to a claim for damages against Landed for, any injury, any loss of or damage to property, death, accident, delay, or failure of or inadequate performance caused by any act or omission by Supplier. Additionally, such Suppliers may offer tours and activities and these activities carry with them various inherent risks that can cause serious personal injury or death. Such activities may include, but are not limited to, hot air ballooning, hunting, use of firearms, rappelling, swimming, snorkeling, diving, kayaking, rafting, zip-line canopy tours, off-road tours, ATV tours, horseback riding, hiking, and biking. Participation in these activities is at Client’s risk. The Client may be required to separately contract with Supplier upon receipt of vouchers and other documents. If so, Client will be additionally subject to Supplier’s terms of business.

Force Majeure:

In no event shall Landed or its Suppliers be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, bad weather, closure of ports, quarantine or epidemics, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, government regulations or restrictions, nuclear or natural catastrophes or acts of God, or any other event that cannot be avoided or guarded against by the exercise of due diligence. In such instance, Landed shall use reasonable efforts to resume performance as soon as practicable under the circumstances and reserves the right to cancel the Trip or make any reasonable changes and/or substitutions to the Itinerary. In the event Landed cancels a Trip pursuant to this provision, a refund shall be issued in accordance to the terms of this Contract, and the maximum amount of refund shall be limited to the total amount paid by Client to Landed less the non-refundable Initial Payment.

General Limitation of Damages:

In the event Landed is liable to Client for any reason, and upon Client bringing a claim for damages, any damages awarded shall be limited to no more than the cost of the Trip less the non-refundable Initial Payment.

Arbitration:

Any controversy or claim arising out of or relating to this Contract, shall be settled solely and exclusively by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration hearing shall take place in Salt Lake City, Utah, before a single arbitrator. Judgement on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Further, the parties agree that: (a) in lieu of a personal appearance at arbitration, the arbitration may be conducted by telephonic means, and (b) each party shall bear its own costs and expenses and an equal share of the arbitrator and administrative fees.

Binding Agreement:

By accepting this Contract, proceeding with a Trip reservation, and payment of the required Initial Payment, the Client agrees to be bound by this Contract.

 

CANCELLATION POLICIY

The design and curation charge is non-refundable. Landed matches the cancellation policies of individual hotels and cruise operators. If written cancellation notice is received 60 days or more prior to the Date of Travel, Landed is authorized to retain the deposit, less any refundable hotel or cruise portion. If written cancellation is received less than 60 days prior to the Date of Travel, Landed is authorized to retain the package total, less any refundable hotel or cruise portion. Finance charges may apply to refundable portion.

NOTE: Airlines have different cancellation policies for air tickets. Please review the cancellation penalties before purchase.

TRAVEL AND MEDICAL INSURANCE RECOMMENDATION

We believe that your upcoming Trip is a significant investment that you should protect. For this reason, we strongly recommend you purchase comprehensive travel insurance. We recommend obtaining a policy that would cover cancellation and curtailment, all medical expenses including evacuation/repatriation, personal baggage, personal liability, death and permanent disability, and travel document insurance. Landed shall not be held responsible for any costs arising from such loss or injury. Comprehensive travel insurance is also recommended as airline liability for loss or damage to baggage is limited, in accordance with the terms of the airline’s contract of carriage, often to not more than $1,000, unless the Client has declared a higher value, and an additional payment has been made in accordance with carrier’s tariffs.

We recommend purchasing comprehensive travel insurance, through your travel agent or other insurance provider, at the time you Book your Trip with Landed; delays in purchasing travel insurance can limit the type and scope of coverage. Travel insurance is NOT included with the Trip you are purchasing from Landed. If you do not purchase travel insurance separately, you are assuming any financial loss associated with your Trip.

Your medical insurance may or may not cover medical expenses incurred while traveling. Medical insurance is NOT included with the Trip you are purchasing from Landed. Please consult your insurer to determine whether you should purchase a supplemental policy and/or additional coverage.

If you obtain any of the above recommended insurance policies, please provide Landed with a copy of your travel and supplemental medical insurance policies. We will add these to your file, and can send a copy to you in the event you need to reference it.

 

RELEASE OF LIABILITY AND ASSUMPTION OF RISK

Assumption of Risk:

Client and Additional Travelers hereby acknowledge, agree, and knowingly and voluntarily accept, and assume responsibility for, each of these risks and dangers, and all other risks and dangers that could arise out of, or occur during, Client’s and Additional Travelers’ participation in the Trip:

  1. that they understand that travel and activities (which include, but are not limited to, wildlife viewing, hiking, trekking, horseback riding, boating, zip-lining, rappelling, surfing, yoga, bicycling, snorkeling, diving, water sports, and sightseeing) have certain foreseen and unforeseen inherent risks and dangers;
  2. that Client and Additional Travelers are qualified, in good health, and in proper physical condition to participate in the Trip;
  3. that there are certain inherent risks and dangers associated with the Trip;
  4. that travel to foreign countries, including remote areas and/or undeveloped regions, may limit access to adequate medical facilities or doctors and include inherent risks of illness; and
  5. that Client and Additional Travelers also assume all responsibility for prevention of diseases or other illness particular to the geographic area in which they will be traveling and have been advised by Landed that a medical exam and appropriate vaccinations/inoculations are strongly recommended;
  6. that they are aware of and have had an opportunity to carefully read current CDC information regarding domestic and international travel (which is available here https://wwwnc.cdc.gov/travel/destinations/list), and they understand that said information specifically contains travel warnings and guidelines about domestic and international travel regarding COVID-19,
  7. that they have been informed of and understand CDC information regarding COVID-19, and I have been given the opportunity to obtain all additional information that I deem necessary about the risks of traveling and about COVID-19 to make a fully informed decision about whether to participate in the Trip; and
  8. that they understand that participation in the Trip has risks, including the risk of being exposed to COVID-19, which might cause extreme injury, illness, and even death.

 

Release and Waiver: 

Client and Additional Travelers hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Landed and its managers, members, and employees, (collectively, the “Releasees”), from and for any liability resulting from any personal injury, accident or illness (including death), and/or property loss, however caused (including but not limited to personal injury, accident or illness (including death), and/or property loss caused by COVID-19) arising from, or in any way related to, Client’s and Additional Travelers’ participation in the Trip, except for those caused by the willful misconduct, gross negligence or intentional torts of Landed, as applicable. This release is on behalf of Client and Additional Travelers, and their respective heirs, successors, personal representatives, agents, assigns, and to the extent permitted by applicable law, minor children.

Indemnification and Hold Harmless:

Client and Additional Travelers also hereby agree to INDEMNIFY, DEFEND AND HOLD the Releasees HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities including, but not limited to, attorney’s fees, arising from, or in any way related to, Client’s and Additional Travelers’ participation in the Trip, except for those arising out of the willful misconduct, gross negligence or intentional torts of Landed, as applicable.

Governing Law:

This Release of Liability and Assumption of Risk and any claims arising from my participation in the Trip will be governed by the laws of the State of Utah, which will be the exclusive forum for any lawsuits or actions brought pursuant or incident to this Release of Liability and Assumption of Risk. If any part of this Release of Liability and Assumption of Risk is held to be invalid or unenforceable, the remainder of this Release of Liability and Assumption of Risk shall remain in full force and effect.

This Release of Liability and Assumption of Risk must be executed by each Client and each Additional Traveler participating in the Trip. If any Additional Traveler is a minor child, such minor child’s parent or legal guardian must sign this Release of Liability and Assumption of Risk on behalf of such minor child.

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Signed by LANDED Travel
Signed On: September 13, 2024


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Document name: Terms and conditions
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September 13, 2024 2:47 pm EDTTerms and conditions Uploaded by LANDED Travel - info@landedtravel.com IP 70.158.101.133
September 13, 2024 3:02 pm EDTLANDED Travel - hello@landedtravel.com added by LANDED Travel - info@landedtravel.com as a CC'd Recipient Ip: 70.158.101.133