IMPORTANT NOTICE TO PARTICIPANTS IMPORTANT NOTICE TO TRIP PARTICIPANTS: THIS DOCUMENT IS A LEGALLY BINDING CONTRACT ISSUED BY THEREISCORY LLC (DBA PIVOT TRIP) TO, AND ACCEPTED BY, YOU, THE TRIP PARTICIPANT, SUBJECT TO THE IMPORTANT TERMS AND CONDITIONS APPEARING BELOW. EACH TRIP PARTICIPANT SHOULD CAREFULLY REVIEW THIS CONTRACT.
IMPORTANT TERMS AND CONDITIONS OF CONTRACT TRIP PARTICIPANTS READ CAREFULLY
Terms and Conditions of Sale
ThereIsCory LLC is the legal entity that wholly owns and operates Pivot Trip. The purchase of any services offered by Pivot Trip creates a contractual relationship between Pivot Trip and you, the customer/participant in the travel package provided by Pivot Trip (for and on behalf of yourself and all other customers/participants for whom you are purchasing the travel package, herein referred to as the “traveler”, “passenger”, “participant”, “you” or “your), and represents your acceptance of the terms and conditions of your travel package set out below (the “Terms and Conditions”). Please read the following information carefully. In order for your reservation to be completed, you must indicate you accept the Terms and Conditions by checking the appropriate box when completing the Participant Confirmation Form online sent to you by Pivot Trip. You are advised to check on the Pivot Trip website located at www.PivotTrip.com.
1. Reservations and Payment Currency
Pivot Trip accepts payment in US dollars (US$) only.
Reservations Deposits: To confirm reservations on all Pivot Trip products, a deposit of 25% of total trip cost (unless indicated otherwise at time of booking) is required at time of booking. The deposit may be paid by major credit card or via Venmo, Zelle, Paypal (use of Friends and Family option). For any booking within 60 days of departure full payment is required. Deposit amounts may vary for special promotions and are subject to the promotion terms and conditions.
Final Payments: Balances are due 60 days prior to departure (unless indicated otherwise at time of booking). Deposits and payments for pre-and post-travel options are specific to each item and are explained and communicated at time of purchase.
Late payments: Pivot Trip reserves the right to cancel any booking that is not paid within 60 days of departure or deny participation on any unpaid balances.
Special requests: Pivot Trip will always try to accommodate special requests, but will not guarantee such things as room number, bedding type, and special meals. Please ensure all special requests are conveyed to your booking agent at time of reservation.
1.1 Payment Plans and Late Payment Policy
When a payment plan is established, all scheduled payments must be received by their due dates. The following policies apply to late or missed payments:
Late Payment Definition: Any payment not received within 7 days of its scheduled due date is considered late.
Late Payment Process:
- First Missed Payment: Pivot Trip will contact the traveler via email and text. Payment must be received within 7 days of initial contact.
- Second Missed Payment or Non-Response: If a second payment is missed, or if the traveler does not respond to communication regarding the first missed payment within 7 days, Pivot Trip reserves the right to immediately cancel the booking and apply the applicable cancellation fees per Section 3.
Administrative Fee: A late payment administrative fee of $100 USD will be applied for each payment received more than 7 days past its due date.
Cancellation for Non-Payment: Pivot Trip reserves the right to cancel any booking at any time if payment plan installments are not maintained as agreed. Upon cancellation for non-payment, the standard Cancellation Policy (Section 3) will apply based on the cancellation date, and all late payment administrative fees will be deducted from any refund owed.
No Participation Without Full Payment: Regardless of payment plan status, full payment must be received no later than 60 days prior to departure. Travelers with outstanding balances 60 days before departure will have their reservations automatically cancelled, and the cancellation policy will apply.
Alternative Payment Arrangements: Any changes to the agreed payment schedule must be requested in writing and approved by Pivot Trip in advance. Pivot Trip is under no obligation to modify payment plans once established.
2. Emergency Evacuation Insurance and Travel Insurance
Due to the remoteness of where we travel, an adequate medical facility could be 1–2 hours away or more, and emergency evacuation and adequate medical treatment may be delayed or unavailable in certain areas.
2.1 Comprehensive Travel Insurance
Pivot Trip requires that you have comprehensive international travel accident & sickness insurance coverage. To ensure you have proper coverage, Pivot Trip has purchased a group Accident / Sickness Medical policy on your behalf from the insuring company, Allied World Assurance Company Holdings, GmbH, rated “A” Excellent by A.M. Best. Due to the remoteness of the areas in which we travel, travelers are covered by this group policy for emergency medical evacuation insurance of $300,000, accident and sickness coverage of $50,000, and hazardous activities insurance. Travelers also have 24-hour assistance coverage included. Coverage is only eligible for the contract period (typically includes dates of travel to and from trip destination and time in between travel).
Pivot Trip highly recommends purchasing a supplemental travel insurance policy that covers trip cancellation insurance, trip delay (interruption or after departure coverage), baggage and repatriation.
Pivot Trip will not be held responsible for delays due to act of God; act of any governmental or ruling authority; epidemic; collision; stranding; fire; volcanic eruptions; earthquakes; war; hostilities; riots; strikes or labor stoppages; or any other cause or circumstance beyond Pivot Trip’s or the villa/accommodation owner’s responsibility or control. Any additional costs accrued will be the responsibility of the traveler.
3. Cancellations and Refunds
Cancellation fees apply to the entire booking, including trip fare, air add-ons, ground transfers, pre- and post-expedition hotel and tour packages. If any non-trip components are cancelled, you will be responsible for any cancellation fees imposed by the airlines, other transportation carriers, other tour and ground operators, and other hotel properties. You are not entitled to any refund, payment, compensation or credit except as otherwise provided in this Section. Any refunds will be made directly to the method of payment you used at the time of booking (less applicable credit card fees) or your travel agent and you must receive your refund directly from these sources.
Guests who cancel in writing as set forth below within the dates shown below for any reason, including medical or family reasons, are subject to the following per-person cancellation fees, as applicable. You hereby agree that losses sustained by Pivot Trip in the event of your cancellation would be very difficult or impossible to quantify, and that the fees set forth in the below cancellation schedule represent a fair and reasonable assessment as liquidated damages.
All requests for cancellation must be received in writing. Cancellations cannot be made online.
- 90 days or more prior to departure: Refundable, less an administrative fee of a minimum 25% of the original total booking fee (before any applied discounts). Any trip discounts applied to the booking will be forfeited and excluded from the refund calculation.
- Between 90 days and 61 days prior to departure: 50% of the original total booking fee (before any applied discounts) is forfeited. Trip discounts will not be included in the refund.
- Less than 60 days prior to departure: All payments are forfeited, including any applied trip discounts.
To protect your investment, Pivot Trip highly recommends that you obtain adequate trip cancellation insurance. Cancellations cannot be made online.
4. Room Share Policy
(For Solo Travelers Selecting Shared Accommodation)
This policy applies exclusively to guests who have booked a “Room Share” or “Twin Share” option as a solo traveler, contingent upon Pivot Trip successfully securing a compatible roommate by the stipulated deadline. Pivot Trip is committed to facilitating roommate matches and will continue the matching process until the final payment deadline (as detailed on your invoice).
In the event a compatible roommate has not been secured by the final payment deadline, the booking will be subject to one of the following mandatory resolutions:
- The traveler must remit the full Solo Supplement fee (as detailed on your invoice) to secure the room for single occupancy by the final payment deadline (Solo Room Upgrade), OR
- The reservation will be canceled (Booking Cancellation).
If the traveler declines the Solo Room Upgrade and a roommate remains unavailable, Pivot Trip must regrettably cancel the reservation, and the standard Cancellation Policy (Section 3) will apply to all payments made to date, using the cancellation date as the date the traveler formally declines the upgrade or fails to make the final payment.
By booking and paying a deposit for a Room Share option, the traveler explicitly acknowledges and accepts the terms of this Room Share Policy, including the conditions for cancellation or required upgrade in the absence of a confirmed match.
5. Changes
Pivot Trip begins planning our trips many months in advance of departure. Occasionally, we have to make changes both before and after bookings have been confirmed. Unless otherwise provided in these Terms and Conditions, Pivot Trip reserves the right to change any service prior to departure without compensation or refund; including but not limited to transfer packages, group hotel nights and the trip itself.
Pivot Trip reserves the right (at its discretion) to alter or omit any part of the itinerary or change any reservation, feature and/or means of conveyance without notice and for any reason whatsoever, without allowance or refund and with extra costs, if any, resulting, said changes being paid by the travelers. We reserve the right to cancel any services prior to departure, in which case payment will be refunded without further obligation on its part.
6. Pre- and Post-Travel
Pre- and post-travel options arranged by Pivot Trip may not be refundable after the booking is made. A $200 USD (or equivalent) deposit is required at time of booking. The deposit is nonrefundable at time of booking. Cancellations received less than 60 days before departure are 100% non-refundable.
7. Trip Cancellation by Pivot Trip – Prior to Itinerary Start Date
Cancellation for Business Reasons: Pivot Trip reserves the right to cancel a trip for any reason prior to departure, including, but not limited to, insufficient enrollment. In the event of such a cancellation, you will receive a full refund of all payments made to Pivot Trip without any further obligation on our part.
Cancellation Due to Force Majeure: A “Force Majeure” event refers to an extraordinary circumstance beyond our control, such as a natural disaster, pandemic, war, or act of terrorism, that makes it impossible to operate the trip. In the event a trip is cancelled due to a Force Majeure event, Pivot Trip will provide a refund to the extent that we are able to recover funds from our suppliers (e.g., hotels, transportation, and local partners). While we will make every effort to recover funds on your behalf, we cannot guarantee a full refund under these circumstances. You agree that our obligation to you is limited to the amount we are able to recover and return.
In the event of any cancellation, Pivot Trip will not be responsible for the cost of any additional travel arrangements, such as flights, or any other items not purchased directly through Pivot Trip. We highly recommend purchasing comprehensive trip protection insurance to cover any costs that may arise from unforeseen cancellations or interruptions.
7.1 Trip Interruption/Cancellation by Pivot Trip – During Itinerary
Pivot Trip may need to interrupt a trip after it has been deemed to have ‘started’. The trip is deemed to have started as of 00:01 on Day 1 of your itinerary not including any pre-trip extensions. The itinerary described is subject to change after the trip has deemed to have started at the discretion of Pivot Trip and/or Pivot Trip’s Trip Leader. This is an expedition to a remote part of the world and the traveler acknowledges that Pivot Trip, the villa/lodging accommodation and Trip Leader shall have the liberty to change the itinerary for any reason, and/or comply with all orders given by governmental or ruling authorities.
If the expedition is interrupted or the itinerary changed by: act of God; act of any governmental or ruling authority; epidemic; collision; stranding; fire; volcanic eruptions; earthquakes; war; hostilities; riots; strikes or labor stoppages; or any other cause or circumstance beyond Pivot Trip’s or the villa/accommodation owner’s responsibility or control, Pivot Trip shall have the right, in its sole discretion, to terminate the trip. In such event, this travel package shall be considered to have been fully performed as if the expedition were completed and the responsibility of Pivot Trip shall cease without any liability on the part of Pivot Trip to refund any part of the fare.
In the event that Pivot Trip cancels the expedition or changes the itinerary for any one or more of the reasons set forth above and the traveler has not yet embarked, the responsibility of Pivot Trip shall cease upon such cancellation without any liability on the part of Pivot Trip to refund any part of the fare. It is understood that such decisions will be made in the best interests of all travelers.
8. Amendments to Bookings
Pivot Trip will make every effort to assist in changing your reservation; however, changes must be submitted in writing a minimum of 90 days prior to departure. If the amendment is possible it will be subject to a minimum US$250, plus any difference in fare if applicable. Amendments include name changes but not trip changes.
9. Transfers of Deposits or Payments to Alternate Expeditions
Should travelers be unable to take the trip they originally booked, but would like to travel on an alternate date, it may be possible to transfer deposits or payments from the original booking to an alternate booking, subject to the following conditions: the new trip must occur within one year of the original trip date and a request to transfer must be made in writing to Pivot Trip more than 90 days prior to the departure of the original trip. Pivot Trip reserves the right to prohibit transfers on any of its trips. Should a transfer request be granted, a fee of a minimum of US$700 per person will be charged (in the event no participant can be found to replace the vacant space of the original trip).
10. Additional Travel Documents
The traveler must be in possession of a valid passport and any visas, permits, inoculations and certificates (including health certificates) that are required for the duration of the services provided by Pivot Trip and be able to satisfy all requirements of all immigration, port or health authorities of the port(s) of disembarkation and of the country of ultimate destination. If immigration or other government authorities refuse a traveler permission to land, or give orders for deportation, the traveler shall be responsible for all costs incurred by the traveler, Pivot Trip and/or the carrier.
The traveler must also arrange such vaccinations as are normally recommended for the countries through which they intend to travel. Information about these matters and climate, clothing, baggage, gear, and similar items is given in good faith but without responsibility on the part of Pivot Trip. Each traveler must ensure each piece of baggage is marked with the traveler’s full name and address.
The traveler agrees not to bring on the trip any firearms, flammable, inflammable or hazardous items, controlled or prohibited substances or drugs, contraband or items prohibited by any country or port to be visited. No pets or animals are allowed on the villa/accommodation property.
11. Rates
All fares are quoted in US dollars (US$). Pivot Trip reserves the right to alter prices or introduce surcharges accordingly, even if payment has been received in full. All travelers are required to pay for their excursion and additional purchases in conjunction with their excursion in the same currency. The fare does not include tobacco, alcoholic or special beverages (bottled or tap), miscellaneous extras, personal needs or medical care. Such goods and services, if available for purchase, are at the traveler’s own expense.
12. Discounts and Promotions
Pivot Trip has the right to limit, withdraw or change any and/or all discounts and promotions without notice and/or compensation.
13. Scheduled Flights
Trips do not include international airfare or any other flights unless mentioned in the inclusions.
14. Limitation of Liability
Pivot Trip purchases transportation, hotel accommodations, and other services from various independent suppliers that are not subject to its control. These suppliers are independent contractors. Neither Pivot Trip, its affiliates, owners, officers, agents, employees, contractors, nor any associate organization shall be held liable for any act, default, injury (including emotional injury, injury to person or property, or death), loss, expense, damage, deviation, delay, curtailment or inconvenience caused to or suffered by any person or their property, howsoever arising, which may occur or be incurred by any organization or person, even though such act, default, injury, loss, expense, damage, deviation, delay, curtailment or inconvenience may have been caused or contributed to: (a) by the act, neglect or default of Pivot Trip, or of any persons for whom it would otherwise be responsible, or (b) defects or failures of villa/accommodations, automotive vehicle or other equipment or instrumentality under the control of independent suppliers.
In issuing tickets for transportation of the travel by any means and making arrangements for travel, hotel or other accommodation, Pivot Trip is not acting as principal but only as agent for the companies, corporations, owner, public carriers or persons providing or offering the means of transportation and accommodation. You further understand that Pivot Trip neither owns nor operates such third party suppliers and accordingly, agree to seek remedies directly and only against those suppliers and not hold Pivot Trip responsible for their acts or omissions.
In no event will Pivot Trip be responsible for incidental, consequential or special damage or loss suffered by any person. Pivot Trip’s maximum liability, for any reason whatsoever, will be limited to the amount paid to Pivot Trip for its services.
Without limitation, Pivot Trip is not responsible for any negligent acts or omissions of itself or of any persons for whom it would otherwise be responsible, or acts which are beyond its control, including but not limited to acts of God or force majeure, weather emergencies, breakdown, or failure of mechanical equipment, government actions, inclement weather, sickness, attacks by animals, availability of emergency evacuation or medical care or the adequacy of the same, criminal activity of any kind, terrorism, war, civil disturbance, sanitary conditions, quality or sanitation of food, quarantine, customs, regulations, epidemics, strikes, hotel overbooking, safety and/or security standards at hotels, accommodations or otherwise, or for any other reason beyond the control of Pivot Trip. You understand, agree with, and agree to be legally bound by the terms of the release and waiver of liability set forth herein.
Pivot Trip shall not be responsible for any injury to person (including emotional injury or physical injury and whether or not resulting in death) or damage to property arising out of any act of war, insurrection, revolt or other civil uprising or military action occurring in the countries of origin, destination or passage. In case of a medical problem arising during the trip which results in costs for evacuation, use of aircraft or repatriation, the responsibility for payment of these costs belongs solely to the traveler.
The conditions of carriage in use by the carriers concerned (when issued) shall constitute the sole contract between the transportation companies and the purchaser of these services and/or passage. By accepting the ticket, the traveler also agrees to its terms and conditions.
The traveler accepts that the villa/accommodation owner does not take responsibility for any electronics, computers, merchandise, samples, furniture, household goods, tools of trade, property of persons other than the traveler, pictures, works of art, perishable or breakable goods, glassware, liquids, bric-a-brac, money, securities and notes, whether or not negotiable, documents, valuables, gold, silver, silverware, precious stones and metals or jewelry. If any such items or articles are brought on the trip, the traveler expressly agrees that neither Pivot Trip nor the villa/accommodation owner shall have any liability for loss or damage howsoever caused, even if by the negligence of Pivot Trip or the villa/accommodation owner.
The traveler is not allowed to bring items or articles, the importation or exportation of which may be forbidden, or which do not conform to the customs or police regulations or the laws of any country during the course of the expedition. A traveler who violates this rule will be held liable for all resulting fines, losses, damages or delays. The traveler is not allowed to place in baggage any firearms or any flammable or inflammable matter of any kind, such as matches, gunpowder, fireworks, cigarette lighters, cartridges, films, etc. Pivot Trip and/or the villa/accommodation owner may dispose of or destroy such items without liability. The traveler will be liable for the full amount of all loss, damage or delay to the villa/accommodation or her cargo and for all injury to, or death of any fellow travelers, expedition staff, officers or crew or other persons caused by such hazardous articles brought along by the traveler.
15. Acknowledgment of Risk
You understand and acknowledge that your travel in connection with and participation in the trip arranged at your request by Pivot Trip may involve risk and potential exposure to injury, including emotional injury, injury to person or property and death. You also realize and acknowledge that risk and dangers may be caused by the negligence, fault or wrongdoing of the owners, directors, employees, contractors, subcontractors, officers or agents of Pivot Trip or of other participants, contractors and/or subcontractors to Pivot Trip. You also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes. You fully understand and acknowledge that the aforementioned risks, dangers and hazards are a potential in connection with your travel and recreational activities which may take place during your journey.
16. Express Assumption of Risk and Responsibility/Participation
In recognition of the inherent risk of the travels and related activities in which you are intending to engage, you confirm that you are physically and mentally capable of participating in the activity, that you are willingly and knowingly electing to participate in this tour in spite of the potential risk of danger, and you willingly and voluntarily assume full responsibility for any injury, loss or damage suffered by you or caused by you, including emotional injury or injury to person or property, whether caused in whole or in part by the negligence, fault or wrongdoing, whether expected or not, of the owners, directors, agents, officers, employees, contractors, or subcontractors of Pivot Trip or of other participants.
You understand and acknowledge that due to the remoteness of where we travel, emergency evacuation and/or search and rescue may be delayed or unavailable and that medical facilities and supplies may be limited and you acknowledge that it is your responsibility to assess the impact such limitations may have on any existing medical condition(s).
You understand and acknowledge that Pivot Trip reserves the right to accept or reject any participant for any reason, and Pivot Trip or its guide has the right to disqualify you from any trip activity, if in Pivot Trip’s or such guide’s judgment, you are incapable of that activity and/or your continued participation in the tour will endanger yourself or the safety of the group.
It is your responsibility and obligation to inform Pivot Trip, at the time your reservation is made, of any medical or physical disability or limitation that might disable you or render you unable to perform or safely complete the tour or any activity on the tour. You further acknowledge that you are the best judge of your own conditions and limitations and that it is incumbent upon you to fully disclose the full extent of any such conditions or limitations to Pivot Trip.
17. Release of Liability
In consideration of the services and arrangements provided by Pivot Trip, you, for yourself and for your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify Pivot Trip, and its owners, officers, directors, employees, contractors, subcontractors and affiliates from any and all claims, actions, or losses for emotional injury, bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your travel in connection with the scheduled travel package and any activities conducted in conjunction therewith and shall include, without limitation, fault or neglect of the Trip Leader, agents, servants, independent contractors; the quality, nature or consequences of medical or surgical treatment; any act, omission, fault or negligence of the traveler or fellow travelers.
YOU SPECIFICALLY UNDERSTAND AND AGREE THAT YOU ARE RELEASING, DISCHARGING AND WAIVING ANY CLAIMS OR ACTIONS THAT YOU MAY HAVE PRESENTLY OR IN THE FUTURE FOR THE NEGLIGENT ACTS, OMISSIONS, OR CONDUCT OF THE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS OR AFFILIATES OF PIVOT TRIP.
No suits shall be maintainable against Pivot Trip or the villa/accommodations owner upon any claim in connection with the provision of the travel packages relating to baggage or any other property unless written notice of the claim, with full particulars, shall be delivered to Pivot Trip within twenty-four (24) hours after termination of the trip.
18. Express Waiver of Consequential, Punitive or Exemplary Damages
Regardless of the situation or circumstances giving rise to a claim, you waive any right to seek consequential, punitive or exemplary damages against Pivot Trip, its owners, officers, directors, agents, contractors and employees, for any reason whatsoever.
19. Limitation of Liability – Personal Injury
Pivot Trip and carrier hereby disclaims all liability to the passengers for emotional distress, mental suffering, psychological injury of any kind under any circumstances, when such damages were neither the result of physical injury, nor were intentionally inflicted by Pivot Trip. Without limiting the preceding sentence, in no event will Pivot Trip be liable to the passenger for any consequential, incidental, exemplary or punitive damages.
20. Arbitration
Any controversy or claim arising out of or relating to these Terms and Conditions or the performance there under, including without limitation any claim related to bodily injury, property damage or death, shall be settled by binding arbitration in the State of Delaware USA in accordance with the rules of the American Arbitration Association then existing, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. This agreement to arbitrate does not waive or modify the liability release contained in this document. Such proceedings will be governed by substantive Delaware law.
The dispute will be resolved by a single arbitrator who must be a lawyer admitted to practice in the courts of at least one state in the United States and have a minimum of fifteen years of experience in civil litigation. The arbitrator so described will be selected by the American Arbitration Association. Each party to the dispute shall have the right on a single occasion to veto the designation of an arbitrator so selected. The parties waive the right to rely on any state law or statute which creates an exception to enforcement of the requirement that disputes be resolved pursuant to arbitration in the manner set forth herein.
21. Exclusive Governing Law and Jurisdiction
These Terms and Conditions and any actions and proceeding brought hereunder shall be governed by the laws of the State of Delaware without regard to conflict of laws principles. If the right to seek arbitration is for any reason waived by both parties, or if judicial review of any arbitration decision is sought, any action or legal proceeding to enforce any provision hereof, or based on any right arising out of, these Terms and Conditions shall be exclusively in the courts of the State of Delaware, or if it has or can acquire jurisdiction, in the United States District Court for the District of Delaware, and all of the parties hereto hereby consent to the exclusive jurisdiction of such courts and of the appropriate appellate courts in any such action or legal proceeding and waive any objection to venue or jurisdiction in connection therewith.
22. Waiver of Jury Trial
In connection with any action or legal proceeding arising out of these Terms and Conditions, the parties hereby specifically and knowingly waive any rights that either party might have to demand a jury trial.
23. Class Action Waiver
These Terms and Conditions provide for the exclusive resolution of disputes through individual legal action on the traveler’s own behalf instead of through any class action. Even if the applicable law provides otherwise, the traveler agrees that any legal action against Pivot Trip whatsoever shall be litigated by the traveler individually and not as a member of any class or as part of a class action, and the traveler expressly agrees to waive any law entitling Guest to participate in a class action.
24. Time Limit for Claims
Pivot Trip shall not be liable for claims, actions, or losses for bodily injury, emotional injury or distress, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your travel in connection with the scheduled travel package and any activities conducted in conjunction therewith, unless full details in writing are given to Pivot Trip within 185 days after the date of the event giving rise to such claim. Suit to recover on any such claim shall not be maintainable unless filed within one (1) year after the date of the event giving rise to such claim and unless served on Pivot Trip within 120 days after filing. You expressly waive all other potentially applicable state or federal limitation periods.
25. Severability
If any provision of these Terms and Conditions shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
26. Travel Agent
Passenger acknowledges and confirms that any travel agent utilized by passenger in connection with the issuance of this Ticket Contract is, for all purposes, passenger’s agent and Pivot Trip shall not be liable for any representation made by said travel agent. Passenger shall remain liable at all times to Pivot Trip for the price of passage. Passenger understands and agrees that receipt of this Ticket Contract or any other information or notices by passenger’s travel agent shall be deemed receipt by the passenger as of the date of receipt by the agent. Passenger acknowledges that Pivot Trip is not responsible for the financial condition or integrity of any travel agent.
27. Use of Likeness
Travelers extend Pivot Trip permission to film or take their photograph during the voyage, release all rights over those images and videos, and understand and consent that Pivot Trip may use any likeness taken of you and any of your comments while on your tour for future publicity and promotional material. Travelers who do not wish to be photographed or filmed during the voyage must inform Pivot Trip in writing prior to the voyage.
28. Entire Agreement
These Terms and Conditions shall represent the entire agreement between the parties on the subject matter hereof and any and all prior agreements, discussions, representations, whether oral or in writing, are hereby superseded by the terms herein.
IMPORTANT – PLEASE READ: Your purchase is subject to your acceptance of these Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS YOU WILL NOT BE ABLE TO PARTICIPATE IN YOUR TRIP. AGREEMENT AND ACCEPTANCE OF TERMS AND CONDITIONS IS LOCATED IN PARTICIPANT CONFIRMATION.
Should you have any questions, please contact us.