Terms and Conditions
Terms and Conditions
 
IJOURNI IMPORTANT TRAVEL NOTICES AND TERMS AND CONDITIONS
 

The provisions of service by IJOURNI, LP (hereinafter “IJOURNI”, “we” or “us”) is subject to the following terms and conditions. Your acceptance of tickets, reservations or bookings issued or made by IJOURNI shall indicate your acknowledgment and acceptance of these notices, terms and conditions. You affirm your understanding and acceptance, so it is important that you do not utilize the services provided by IJOURNI unless you fully understand everything it includes, and that you do in fact agree to these notices, terms and conditions.

AGENCY NOTICE
Transportation and other services supplied by various independent suppliers are not subject to IJOURNI’s control. IJOURNI cannot, therefore, be liable for death, personal injury or any other loss that may occur due to any act or omission of any such supplier, by reason of any other event over which it has no control.

RESPONSIBILITY AND LIABILITY
IJOURNI has no ownership interest in, or control over, the management and/or operations of the tours, trips and travel packages it offers. Any and all of the air carriers, hotels, railroad operators, car rental agencies, cruise lines, tour operators and other suppliers providing travel or other services (“suppliers”) are independent contractors and are neither employees nor agents of IJOURNI. IJOURNI acts solely as a sales agent for these suppliers. Although IJOURNI may make reasonable inquiry into the quality of services provided by such independent contractors, it is possible for such quality to change without IJOURNI having immediate knowledge of such change. In spite of such efforts, from time to time there may be such changes that will fall below standards acceptable to you and/or to IJOURNI. While IJOURNI hopes your expectations will be fully realized during your travel, IJOURNI shall not be responsible or liable for any acts, errors, omissions, representations, misrepresentations, misfeasance, nonfeasance, warranties, negligence or other conduct of any such supplier, nor for any personal injuries, death, property damage or loss, or other damages or expenses resulting therefrom. IJOURNI shall have no responsibility or liability and shall not be required to make any refund, partial or full, in the event, without limitation, of any delay, cancellation, overbooking, strike, acts of war, terrorism, disease, bad weather, or other force majeure event or cause beyond IJOURNI’s direct control. Further, IJOURNI shall have no responsibility for any additional, incidental, or consequential expense due, without limitation, to omissions, delays, re-routing, or acts or omissions of any governmental authority, terrorist organization, or other person or entity. While IJOURNI cannot resolve every problem that may arise during travel, it is your responsibility to inform IJOURNI of such problems if the independent contractor cannot or will not resolve the problem on their own, so that IJOURNI may provide support as it subjectively deems to be appropriate.

HEALTH AND FITNESS
IJOURNI’s itineraries may be physically active and interactive, so you must be in good health to participate. IJOURNI reserves the right to decline any trip participant whose condition, in IJOURNI’s opinion, may affect the health, safety or enjoyment of the participant, other participants, our staff, or third parties. Additionally, please be advised that cruise lines have certain policies regarding disclosure of health conditions of the participant. It is participant’s responsibility to inform the cruise lines of any said condition. IJOURNI is not responsible for any participant’s failure to disclose to the cruise line health conditions and for any adverse impact this may have on participant’s trip or health.

YOU ARE RESPONSIBLE FOR RISKS ASSOCIATED WITH, AND COSTS, OF ANY AND ALL MEDICAL TREATMENTS YOU MAY REQUIRE OR RECEIVE DURING THE JOURNEY. No medical personnel travel with, or as part of, IJOURNI’s staff. The quality of medical personnel and facilities vary from region to region and cannot be controlled by IJOURNI. In some parts of the world, substandard medical care is common and unavoidable. IJOURNI is not responsible for the costs of any medical treatment you may require during the trip. Under no circumstances is IJOURNI responsible for the quality of medical care, or lack thereof, you may receive while on the trip. We strongly recommend that you obtain medical and dental insurance that will cover the cost of any medical and dental assistance including, without limitation, emergency medical evacuation, you may require during your trip.

It is common to experience “jet lag” after transoceanic flights. Jet lag may affect alertness, reflexes, and balance. You are encouraged to drink water frequently during air travel and on the days following. Avoid liquor and caffeine while in the air, if not longer. Please be advised that IJOURNI’s itinerary may involve travel to high elevation locations where high altitude cerebral oedema (HACO) and high altitude pulmonary oedema (HAPO), both of which are commonly referred to with the misleadingly understated term “altitude sickness”, are unlikely but not impossible. This is a very serious condition that should be brought immediately to the attention of medical personnel or IJOURNI’s staff as soon as possible. Even without altitude sickness, your itinerary will spend too little time at high altitude to acclimatize your body. It is common to experience some shortness of breath or a sense of light-headedness. If you begin to experience these or any other symptoms of concern, you must inform us immediately. This is one of the areas for which you assume the risk.

AIRLINE TICKETS
IJOURNI’s responsibility in respect of air travel is limited by the airline’s conditions of carriage. IJOURNI is not able to specify the type of aircraft to be used by any airline. In addition, IJOURNI is not responsible for losses due to cancelled flights or seats or changed flight itineraries. You cannot cancel the contract without penalty due to a change of airline, aircraft type or destination. The responsibility of the airlines is limited to the carriage of passengers and baggage in accordance with their terms and conditions of service. If an airline cancels or delays a flight, you should work with the airline to ensure you arrive at your destination on or ahead of time. IJOURNI will not provide any refund for trips missed, in part or full, due to missed, cancelled or delayed flights or other flight irregularities including without limitation denied boarding whether or not you are responsible for such denial. Some tickets do not allow without penalty changes in itinerary or airport specifications. You should inquire prior to purchase if these issues are of concern to you. IJOURNI recommends purchasing travel insurance in order to protect yourself should you have purchased non-refundable tickets and need to cancel your trip for an unforeseen medical reason. Prior to purchase please read your policy carefully to determine what cancellation reasons are covered. Many such policies have express limitations.

ACCOMMODATIONS
Hotel accommodations and the “star” designations may vary from country to country, especially in some of the locations on your itinerary. IJOURNI makes no guarantee about the accommodations, but we will try to work with the hotel within the same category you purchased, if available. Any additional costs, i.e. upgrades etc., will be borne by the participant.

PASSPORTS AND VISAS
You assume complete and full responsibility for, and hereby release IJOURNI from, any duty of checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination as applied to the individual nationality, residency, or citizenship status of each and every member of your traveling party including without limitation companions and/or group, and all safety and security conditions of such destinations during the length of the proposed travel.

Many countries require visas for foreign nationals to enter their borders. It is critical that you consult the consulate and/or embassy offices of the destination country in order to verify the visa requirements for you to enter that country, and this must typically be done well in advance of travel as some visas can take up to several weeks to obtain.

If you try to enter a country where a visa is required, and you do not have the visa, it is possible that you will be held by authorities until there is an available flight to return you to your point of origin. In some instances, you can receive the same treatment if you attempt to enter a country on a one-way ticket.

IMMUNIZATIONS AND TRAVEL RISKS
Immunization requirements vary from country to country and even from region to region. Up-to date information should be obtained from your local health department and consulate. You assume complete and full responsibility for, and hereby release IJOURNI from, any duty of checking and verifying vaccination or other entry requirements of each destination, as well as all safety and security conditions of such destinations during the length of the proposed travel or extensions expected or unexpected. For information concerning possible dangers at international destinations, contact the Travel Advisory Section provided by the government of your country. In the United States of America, contact the State Department, by phone (202) 647-5335 or access online at http://travel.state.gov/travel/warnings.html. For medical information, refer to the U.S. Centers for Disease Control (CDC), (404) 332-4559, use their fax information service at (404) 332-4565, or access online at www.cdc.gov/travel. You may wish to also consult your family physician.

ASSUMPTION OF RISK
Injuries and fatalities can potentially occur during surfing, swimming, diving, fishing, boating and water crafting. These are risks naturally inherent in these sports and activities, including those from the environment as well as from others sharing the water with you. IJOURNI has no means of gauging the skills of each participant. Travel to, and within, remote areas in the United States and to, and within, all foreign countries, especially third world countries, involves inherent risks which are also potentially dangerous. You expressly assume the risk of property damage, property loss, injury and/or death occurring, without limitation, while undertaking these activities.

TRAVEL INSURANCE

Trip cancellation, health, accident, medical evacuation, and luggage insurance are available and strongly recommended to help protect you in regards to these risks. It is not possible to protect against every imaginable contingency but travel insurance can protect against common travel problems. It is your responsibility to determine and obtain the appropriate coverage.

VACCINATIONS: The Center for Disease Control maintains updated, expert information on this subject. Please review their website at: http://www.cdc.gov/travel/destinat.htm Malaria precautions are compulsory for travel to Indonesia and Papua New Guinea.

DISPUTES
Remedies - Any and all controversies or claims arising out of or relating to this Agreement shall be settled by the courts of Travis County, Texas.

Attorneys' Fees and Costs - If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs, and necessary disbursements in addition to any other relief to which (s)he/it may be entitled.

Partial Validity - If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any manner.

Law Governing Agreement - This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.

ACKNOWLEDGEMENT AND RELEASE
In consideration of, and as a part of the payment for, the right to participate in such treks, tours, expeditions, or other activities and as a part of the payment for, the services arranged for me by IJOURNI and its agents, employees, associates, affiliated companies, independent contractors, or subcontractors, I DO HEREBY EXPRESSLY ASSUME ALL OF THE ABOVE RISKS, including, to the extent permitted by law, the risk of negligent or reckless acts or omissions of IJOURNI, its agents, employees, officers, directors, associates, affiliated companies, independent contractors or subcontractors, and I DO HEREBY EXPRESSLY AGREE TO FOREVER INDEMNIFY, RELEASE AND HOLD HARMLESS IJOURNI, its agents, employees, officers, directors, associates, affiliated companies, independent contractors or subcontractors against any and all liability, actions, causes of action, debts, suits, claims, and demands of any and every kind and nature whatsoever which I or third parties now have or which may hereafter arise out of or in connection with my trip or participation in any activities arranged for me by IJOURNI , its agents, employees, officers, directors, associates, affiliated companies, independent contractors or subcontractors. THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, my heirs, assignees, administrators, executors, trustees, and all members of my family, including any minors accompanying me. I HAVE READ AND FULLY UNDERSTAND THE PROVISIONS AND THE LEGAL CONSEQUENCES OF THE RELEASE AND ASSUMPTION OF RISK, AND I HEREBY AGREE TO ALL OF ITS CONDITIONS. I ACKNOWLEDGE THAT IJOURNI RECOMMENDS THAT I HAVE MY ATTORNEY REVIEW THIS RELEASE PRIOR TO UTILIZING THEIR SERVICES.

The parties hereto acknowledge that travel to, and within, remote areas in the United States and elsewhere and to, and within, all foreign countries, especially third world countries, involves inherent risks which are also potentially dangerous.

The inherent risks and potential dangers referred to above may result in damages including, but not limited to, property damage or loss, personal injuries and/or death.

The undersigned has been advised to seek independent legal advice regarding the consequences of this Waiver of Liability and Rights, and has been given the opportunity to do so.

The parties agree that weather and other natural conditions are beyond the control of either party hereto.
I, being fully apprised of the above, none-the-less wishes to participate in one, or more, of the services provided by IJOURNI.

NOW, THEREFORE, for adequate consideration, receipt of which is hereby acknowledged,

(1) I hereby WAIVE ALL CLAIMS, and RELEASE AND AGREE TO HOLD IJOURNI HARMLESS for, or from, all damages, whether to the person or property of the undersigned, and
(2) AGREE to INDEMNIFY IJOURNI for any claims or obligations arising from my negligence while participating in any services provided by IJOURNI, and
(3) AGREE to HOLD HARMLESS and RELEASE IJOURNI FROM ALL LIABILITY resulting from all unsatisfactory surfing conditions, inclement weather, adverse climate conditions, and/or other natural conditions beyond the control of IJOURNI which may adversely impact the services provided by IJOURNI or my expectations.

CONSUMER DISCLOSURE/SELLERS OF TRAVEL STATEMENT
This business is not a participant in the Travel Consumers Restitution Corporation (TCRC).
This transaction is not covered by the California Travel Consumer Restitution Fund.
CST # 2088797

By utilizing IJOURNI’S services, I AGREE to the TERMS and CONDITIONS and have been fully disclosed of my rights by reading this DISCLOSURE including the "ACKNOWLEDGEMENT AND RELEASE", as specified on this form, I am confirming that I have read, understand, voluntarily agree without inducement, and accept each and all booking terms, conditions and policies set forth by IJOURNI, that I have availed myself of the opportunity to seek independent legal advice, read, and understand the terms hereof and voluntarily agree to the terms and conditions as described in this document.