Reservation Terms and Conditions and Liability Release

Updated September 27, 2024

Muse Bespoke Escapes LLC

2318 Santa Rosa Street,

Austin, TX 78702

By placing your deposit with Muse Bespoke Escapes LLC, you therefore agree to be bound by the below terms and conditions.

Rates & Reservation Information

Rates are per person, double occupancy, unless otherwise noted. For current pricing, please see our website at www.musebespokeescapes.com/womens-adventure-tours. Rates are guaranteed at the time that the deposit is received by Muse Bespoke Escapes LLC. Until such time, rates are subject to change. Inclusions and exclusions are noted on the individual tour itinerary and sign up page.

The rates do not include any other items such as air travel, airline fees, airport or departure taxes, transfers, visas, customary gratuities, required travel insurance, drivers, local guides, hotel housekeepers, waitstaff, and any incidental charges. Each tour varies slightly, so please read the tour inclusions and exclusions on your chosen trip carefully.

Travel Documents

It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure, and travel to each country or region. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits, and certificates (including but not limited to vaccination or medical certificates) and insurance policies. You must have a passport that is valid 6 months after the last date of travel with TBA Escapes as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas, and permits prior to the start of the tour, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by TBA Escapes that is a direct result of your failure to secure or be in possession of proper travel documentation. TBA Escapes makes no representations or warranties as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and you agree that TBA Escapes is not responsible for any errors or omissions in this information.

Medical considerations:

If you have any medical or psychological conditions, you and your doctor are solely responsible for evaluating if you can participate in the trip. Additionally, it’s very important to let us know well before departure so that we can make extra arrangements if necessary. Trip leaders have the right to disqualify anyone at any time during the trip if they feel the trip member is mentally or physically incapable to continue and/or if a trip member’s continued participation jeopardizes the group’s or her own safety. Under these circumstances refunds are not given.

Muse Bespoke Escapes LLC are not medical facilities and therefore have no responsibility regarding medical advice, medications or inoculations that you or your doctor deem necessary for your safe participation.

Hospital facilities for serious problems are often unavailable, and evacuation can be prolonged, difficult and expensive. Muse Bespoke Escapes LLC assumes no liability regarding provision of medical care. By agreeing to the Liability Release and Assumption of Risk Agreement, you agree to pay for emergency evacuation and emergency medical care.

Your obligations as a trip member:

By participating in a Muse Bespoke Escapes LLC trip, you assume certain obligations to Muse Bespoke Escapes LLC and the other trip members. It is your
responsibility to:

● Understand the conditions implied in the description of your selected trip.
● Select a trip that is appropriate to your interests and abilities.
● Prepare for the trip by familiarizing yourself with the trip itinerary and trippreparation materials sent by Muse Bespoke Escapes LLC.
● Bring appropriate gear and clothing as advised by Muse Bespoke Escapes LLC.
● Obtain all necessary visas.
● Follow considerate standards of personal hygiene in order to reduce risk ofcontracting diseases.
● Follow considerate social behavior with other trip participants and respect their habits.
● Act in an appropriate and courteous manner befitting the customs of countries you visit.
● Complete the trip itinerary as scheduled (or as adjusted by your trip leader as necessary).
● Respect the countries we visit by using environmentally safe products, staying on established routes of travel and not littering.
● Muse Bespoke Escapes LLC reserve the right to decline to accept or retain any person as a tour participant should such person’s behavior, health or mental condition impede the operation of the trip.

OUR LEGAL LIMITATIONS — PLEASE READ CAREFULLY

Muse Bespoke Escapes LLC may contract with independent contractors to provide transportation, guide services and/or all other related travel services. We assume no responsibility, however caused, for injury, loss or damage to person or property in connection with any service provided by an independent contractor or resulting directly from the following: – acts of God –detention – annoyance – terrorism – thefts – pilferage – force majeure – civil disturbances – government restrictions or regulations – strikes – delays and expenses arising from quarantine – failure of any means of conveyance to arrive or depart as scheduled – discrepancies or change in transit or hotel services over which we have no control.

We reserve the right to make reasonable changes in the itinerary where deemed advisable for the comfort and well-being of trip members. By advancing deposit to Muse Bespoke Escapes LLC, the depositor thereby agrees to be bound by the above terms and conditions.

Payments

Prices are in U.S. dollars. All payments must be made by cash, check or charge to any major credit card company (Visa, MasterCard, or American Express). Credit card transactions may be subject to an additional processing fee.

After we receive your initial deposit, Muse Bespoke Escapes LLC will thereafter provide you with detailed pre-tour information including travel insurance requirements, a packing list, visa information (if required), and health and safety standards for the tour. A final, detailed tour itinerary will be provided approximately one week prior to the scheduled tour.

The remaining payment will be made in one lump sum thereafter, unless otherwise stated or agreed. Muse Bespoke Escapes LLC requires payment in full prior to the tour.

If the payments are not made on or before their respective due dates, we reserve the right to treat your booking as cancelled, and we will not be held liable for any refunds, tour credits, costs, expenses, travel insurance costs, airfare, visa fees, inoculations, etc. related to your booking or preparation for your scheduled tour.

Travel Protection/Insurance

Proof of travel insurance is required prior to participating in any Muse Bespoke Escapes LLC tour, covering all applicable dates of travel. We do not accept credit card insurance as proof of travel insurance for our tours. Travel insurance should cover personal injury, emergency medical expenses, medical evacuation coverage, trip cancellation and interruption, as well as baggage loss.. You are strongly recommended to extend your coverage include cancellation, curtailment, and all other expenses that may arise as a result of loss, damage, injury, delay or inconvenience while traveling. You acknowledge that insurance coverage is not included in the cost of any tour offered by Muse Bespoke Escapes LLC and you are required to obtain separate coverage at an additional cost.

Should you have to cancel your trip because of illness, injury or death to you or an immediate family member, this insurance protects all your deposits and payments for both air and trip costs. Muse Bespoke Escapes LLC requires that you purchase this insurance at the time of sign-up to be covered for pre-existing conditions (certain restrictions apply).

Once you have purchased your travel insurance policy, you will be required to provide a copy of the policy to Muse Bespoke Escapes LLC via email.

Cancellations

If you decide to cancel your trip, the following fees apply and are due to Muse Bespoke Escapes LLC at the time (prior to departure) we receive written notice of your cancellation. Some trips may have special cancellation or transfer fees; if so, they will be listed on the Itinerary Details or supporting trip documents.

Deposits are non-refundable.

If you cancel before the final payment is made, no additional fees are due.
If you cancel after the final payment is made, the refund schedule is as follows:

50% 90+ days before departure
25% 89-60 days before departure
No refunds will be made for cancellations within 60 days of departure.

Transferring trips

If you decide to transfer your reservation, Muse Bespoke Escapes LLC may have the capacity to accommodate your desires when (prior to departure) we receive written notice of your intention to transfer. Some trips may have special cancellation or transfer fees; if so, we will discuss options with you. To protect yourself, we recommend that you purchase trip cancellation insurance (see below).

If we cancel a trip

Muse Bespoke Escapes LLC reserves the right to cancel all or a portion of a trip for force majeure including, but not limited to, natural disasters, armed conflict, human-made diseases, war, terrorist attacks, pandemics, or any other circumstances beyond our control and, in the event of such cancellation, full or partial refunds, if any, will be at Muse Bespoke Escapes LLC’s sole discretion. We also reserve the right to cancel any trip if sign-up is inadequate to make the trip economically feasible for us to operate, and in this event, we give a full refund of the trip price. However, Muse Bespoke Escapes LLC are not responsible for additional expenses incurred by you in preparing for the trip (e.g., non-refundable air tickets, visa fees if applicable, gear or medical expenses).

Fewer than required number of participants

Each trip requires a minimum number of participants for departure. If we sign up enough participants to run a trip but unexpected cancellations drop the number of participants below the required minimum, we will run the trip at an additional charge of $1500 per person. If additional participants join and the required number of participants is re-attained, the surcharge will be refunded.

Photography and Film Record Release

You understand and agree that Muse Bespoke Escapes LLC reserves the right to take photographic or film records of any of its tours that may include you, and that it may use any such photographic or film records for promotional and/or commercial purposes without payment of any compensation to you. You further understand and agree that any such photographic or film records may be use by any third-party with whom Muse Bespoke Escapes LLC may engage for the purpose of joint marketing, without any remuneration to you.

Refunds

Muse Bespoke Escapes LLC do not give any refunds for unused hotel rooms, meals, sightseeing trips or activities. Trip
price is quoted as a package; credits are not given for services not used.

All participants must agree to the following Release of Liability, Assumption of Risk and Indemnification Agreement.

Baggage

Although every effort is made to handle your luggage as carefully as possible when in our possession, Muse Bespoke Escapes LLC is not responsible for and does not assume liability or accept claims for loss of or damage to luggage due to breakage, theft or wear and tear through airline/airport, hotel and group carrier handling, or at any time while on a Muse Bespoke Escapes LLC. For this reason, and others, it is required that you have adequate travel insurance to cover these eventualities.

Please contact your airline or refer to its website for detailed information regarding your airline’s checked baggage policies, including size and weight limitations, and baggage fees.

Airlines

Muse Bespoke Escapes LLC tour pricing includes only domestic airfare as noted in the itinerary, and does not include airfare to the starting point of the trip or after the ending point. The passage contract in use by the airline concerned, when issued, shall constitute the sole contract between the airline and you, as it relates to any Muse Bespoke Escapes LLC tour. Please read the terms and conditions related to the airline ticket you purchase.

Muse Bespoke Escapes LLC is not liable for incidents involving airline safety, risk, delays, etc., or incidents that result in injury, delay, or death. Additionally, Muse Bespoke Escapes LLC shall not be required to issue any refunds to you for any unused portion(s) of your tour related to any airline delay or other delay outside the control of Muse Bespoke Escapes LLC.

Release of Liability, Assumption of Risk and Indemnification Agreement

TRIP AND ASSOCIATED RISKS – I have chosen to participate in the above referenced trip (hereinafter referred to as “the Trip”), which is organized by Muse Bespoke Escapes LLC (hereinafter referred to collectively as “Muse Bespoke Escapes LLC”). I understand that:

The Trip involves activities that are inherently hazardous, including those described in the Trip itinerary.

I agree and understand that in Africa, roads are often bad, rocky, and dusty. Vehicle breakdowns are common, and delays may ensue, causing us to miss scheduled parts of our itinerary. I agree that Muse Bespoke Escapes LLC will not be held liable for any unforeseen issues relating to road, water, or air travel operated by our independent contractors.

During the Trip, I may be exposed to dangers and hazards, including equipment failures and negligence by others, and wild animals, which can be unpredictable;

As a consequence of these risks, I may be seriously hurt or disabled or may die from the resulting injuries, and that my property may also be damaged;

Hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable during portions of the Trip and, where available, may be
expensive; and Muse Bespoke Escapes LLC assumes no responsibility for providing medical care during the Trip, and I will have to pay for any medical care and/or evacuation that I incur. In consideration of the permission to participate in the Trip, I agree to the terms contained in this document.

ASSUMPTION OF THE RISKS – I hereby freely assume the above mentioned risks and any harm, injury or loss that may occur to me or my property as a result of my participation in the Trip-including any risks caused by the negligence of Muse Bespoke Escapes LLC, its employees and officers, its contractors, and other trip participants.
WAIVER AND RELEASE OF LIABILITY I hereby WAIVE AND RELEASE ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS against Muse Bespoke Escapes LLC, its employees, officers, directors, vendors and contractors (“Released Parties”), where such LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS arise in any way from any injury, death, loss or harm (whether foreseen or unforeseen) that occur to me or to any other person or to any property during the Trip or are in any way related to the Trip. This release includes, but is not limited to, claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This release does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that Texas law does not permit to be released by agreement. I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss, or harm that occur on the Trip.
INDEMNIFICATION HOLD HARMLESS AND DEFENSE I promise to INDEMNIFY,WARRANT, HOLD HARMLESS AND DEFEND the Released Parties (defined in Section 3) against any and all LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise from my acts or my failure to act (including my own negligence) during or relating to the Trip. In accordance with this promise, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney’s fees, that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
OTHER FORMS & TERMS – I have carefully read Muse Bespoke Escapes LLC’s trip itineraries, terms and conditions, and liability release, and have familiarized myself withall of the information provided to me about the Trip and its challenges. I agree to all of the conditions in the Itineraries- including the sections about my responsibilities and about Muse Bespoke Escapes LLC’s legal limitations. I acknowledge that Muse Bespoke Escapes LLC has no control over and assumes no responsibility for the actions of any independent contractors providing any services for the Trip.
SEVERABILITY – I agree that the purpose of this agreement is that it shall be an enforceable release of liability and indemnity as broad and inclusive as is permitted by Texas law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.
APPLICABLE LAW, FORUM & ATTORNEY’S FEES – This agreement is governed by and shall be construed in accordance with the laws of Texas, without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with the Trip shall be settled via binding arbitration in Texas , and I agree to the jurisdiction and venue of those courts for any such dispute.

I have fully informed myself of the contents of this agreement by reading it before agreeing to it. No oral representations, statements or other inducements to sign this release have been made apart from what is contained in this document.

If participant is a minor, signature of parent or guardian is also required: In consideration of my minor child’s being permitted to participate in the Trip, I accept and agree to the full contents of this agreement. I understand that I am responsible for and I accept the responsibility for the supervision throughout the duration of the Trip of any minor traveling in my care. I also agree to RELEASE, HOLD HARMLESS, INDEMNIFY AND DEFEND the Released Parties (defined in Section 3) from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to my minor child during the Trip or in any way related to the Trip. This includes any claim of the minor and any claim arising from the negligence of the Released Parties. I understand that nothing in this agreement is intended to release claims for gross negligence, intentional or reckless misconduct, or any other liabilities that Texas law does not permit to be excluded by agreement.