TERMS AND CONDITIONS
JUST ESCAPE TRAVEL
Before booking travel arrangements with Just Escape Travel, Inc. (“JET”), JET requires each client (“Client”) to agree to the following terms and conditions (the “Agreement”). Please read this Agreement carefully.
By clicking “purchase”, “confirm”, or “book” when these options are made available to Client, or by undertaking any other affirmative action manifesting an intent to engage JET, including providing JET with credit card or billing information to be charged for any services made available by JET, Client accepts and agrees to be bound and abide by the Agreement. If Client does not want to agree to the Agreement, Client must not take any of the aforementioned affirmative steps and may not utilize any services offered by JET. For the avoidance of doubt, any digital signature to the Agreement or otherwise accepting or agreeing to the Agreement shall constitute acceptance of the provisions herein.
1. OUR SERVICES: JET acts as a sales agent for various international tour operators and travel suppliers (individually a “Third-Party Service Provider” and collectively “Third-Party Service Providers”), creating one-of-a-kind trips around the globe. Each Third-Party Service Provider has its own set of guidelines and policies, which JET will provide for Client. JET and Client agree to the details of JET’s services as described in the initial itinerary created by and between the Parties (the “Services”). The initial itinerary will be based off the initial discussions between the Parties, and shall accurately reflect the communications and/or desires exchanged between the Parties during those discussions.
2. TERM OF AGREEMENT: The “Term” of the agreement between JET and Client shall be from the date of Client’s acceptance of this Agreement (the “Effective Date”) until Client’s return date or termination of this agreement, whichever occurs first.
3. FEES: The total amount owed by Client to JET will be determined based on the Services agreed upon by the Parties (the “Total Fee”) and will be communicated to Client through itineraries provided by JET. All itineraries shall be quoted in the local currency and Client understands and agrees that exchange rates expire by the end of each day (3PM PT). These fees do not include all fees or taxes that Client may accrue at their destination or while in-country.
4. AIRLINE TICKETING: JET charges a $25.00 USD per carrier, per person fee for airline ticketing. JET charges $250.00 USD per person for frequent flyer mileage ticketing on round-trip flights but suggests individuals ticketing themselves to manage points and upgrades, Please inform JET if an individual will be ticketing themselves. Airline tickets are non-refundable once ticketed.
5. PAYMENT OF FEES: Final payment of the Total Fee is due sixty (60) calendar days before Client’s departure date. Some exceptions may apply, and payment terms and conditions may vary, depending on the nature of the Services agreed to between Client, JET, and/or any Third-Party Service Providers. JET will make best efforts to make Client aware of any exceptions to this provision at the time the initial itinerary is provided to Client, but makes no guarantees. Payments for Services are to be paid online via the payment portal unless Client is informed otherwise by a JET travel specialist.
a. INITIAL DEPOSIT: As part of the Services, JET provides an initial itinerary free of charge. Before revising Client’s second (2nd) itinerary, JET requires a non-refundable initial deposit of $199.00 USD that will be applied to Client’s total trip costs (the “Initial Deposit”).
b. LATE PAYMENT: Client understands and agrees that if the Total Fee is not received by JET within sixty (60) calendar days of the departure date, JET may charge the credit card provided by Client for any outstanding balance of the Total Fee or terminate this Agreement, at its sole discretion.
6. CHANGES: JET understands that, occasionally, changes will be requested by the Client. The following provisions govern any changes made by Client.
a. CHANGES TO ITINERARY BEFORE SIGNATURE: After the Initial Deposit is made, JET will allow up to four (3) additional itinerary changes at no additional charge to Client.
b. CHANGES TO ITINERARY OR CANCELLATIONS AFTER SIGNATURE: If Client desires to change their itinerary or cancel travel after this Agreement has been signed, JET will pass Client’s request on to the relevant supplier(s). However, JET cannot guarantee that such changes or cancellations can be made. Where changes can be made, JET reserves the right to charge for any additional costs incurred, including, but not limited to, any costs imposed or incurred by any of JET’s suppliers and/or cancellation charges. Cancellation policies for specific travel arrangements may vary. All cancellations must be received in writing. For information on refunds as the result of cancellation by Client, see TERMINATION OR CANCELLATION below.
c. CHANGES TO AIRLINE TICKETS: All requests for changes for airline tickets must be made in writing and delivered to JET as soon as practicable. JET will do its best to make the changes or to cancel the tickets as Client desires, however, JET cannot guarantee that such changes can be made. Carrier change fees vary per carrier and will be communicated to the Client at the time of change. JET reserves the right to charge a 4% processing fee + $450.00 USD per person change fee on any airline ticket, not including applicable carrier fees or difference in fare. Client understands and agrees that cancellation of airline tickets is based on the air carrier’s policy and is not under the control of JET in any way. All cancellations must be received in writing.
d. CHANGES DURING TRAVEL: Should Client need to make changes or cancellations during their trip, Client should first contact the in-country operator listed on their itinerary. In the event of an emergency during off hours, Client should call the emergency phone number. If Client chooses to contact JET during their trip for additional services, JET reserves the right to charge $150.00 USD per hour for such additional services. JET reserves the right to authorize charges to Client’s credit card on file in the event of an emergency affecting Client or any other traveler with Client during travel.
7. POINT OF CONTACT: Client may designate one individual as the point of contact for the purposes of planning the itinerary, and if such a designation is made, JET will only accept changes regarding the itinerary from that person. Client understands and agrees that any requests and/or information from an individual that is not the point of contact will not be included and JET shall not be penalized or held in breach of this Agreement due to the failure to include input from a non-point of contact. Client understands that the primary method of communication is email and agrees to utilize this communication method. Client may choose to opt out of electronic notifications, such as emails and/or texts, at any time by notifying JET via telephone at 800-815-7578.
8. DOCUMENTATION: In order to book flights, Client must submit a copy of their passport and/or legal identification to JET upon request. Client agrees that the passport provided to JET shall be valid for six (6) months past Client’s return travel date. Client is solely and exclusively responsible for maintaining up-to-date and valid identification and/or travel documentation, such as domestic identification, as well as any required and applicable immunizations or other required documentation for the purposes of traveling to the Client’s destination. JET is not liable or responsible for any Client being denied entry or exit to or from the travel destination based on lack of adequate documentation or immunizations.
9. RESEARCHING YOUR DESTINATION: JET has no special knowledge regarding any possible unsafe conditions, health hazards, weather hazards, or climate extremes at destinations to which Client may travel. As such, JET encourages all clients to plan accordingly and do their research in preparing for their travel. For information concerning possible dangers at destinations, please review, at minimum, the Travel Warnings section of the State Department website at www.travel.state.gov. For medical information, contact the Centers for Disease Control at www.cdc.gov/travel.
10. INSURANCE: All clients are strongly encouraged to purchase and maintain comprehensive travel insurance during the entire length of their travel (including through their return date). JET has partnered with Travelex, and Client may visit their website at www.travelex.com for plan quotes and policy options, but Clients may choose to purchase coverage through any alternative travel insurance company. Clients that choose to purchase coverage are individually responsible for paying for travel insurance and ensuring adequate coverage; JET will not be responsible for coordinating payment or ensuring adequate coverage. Coverage should ideally include, but not be limited to: illness, injury, property damage, loss of personal items, death, cancellation and any other potential losses, damages, expenses, and/or liabilities. For high adventure trips, Client should consider evacuation coverage, such as the coverage offered by our partners at Ripcord at www.ripcordrescuetravelinsurance.com. Client acknowledges and agrees that JET is not responsible or liable for any loss, damage, expense, cost, or any other issue affecting Client’s property or person as a result of Client’s travel without adequate travel insurance.
10. HEALTH OF CLIENT: Client’s booking of an active trip indicates Client’s acknowledgment and agreement with, as well as warranty of, the following statements:
a. It is Client’s responsibility to consult a physician before participating in this trip to ensure eligibility for strenuous physical activity and Client affirms that they have no medical conditions that would restrict Client from participating in physical activities.
b. Client agrees that if they experience any medical issues while on the trip, they will contact their doctor immediately.
c. Client understands and agrees that it is their responsibility to let JET know if Client finds themselves in any pain or discomfort before, after, or during the trip.
d. Client agrees to keep JET apprised of any changes or upcoming changes concerning Client’s physical health and/or personal information.
e. Client agrees and verifies that all of the information that Client has given JET and its representatives is accurate, up-to-date, and without the omission of any known medical issues.
f. Client agrees and verifies that if Client has omitted any necessary personal information, whether knowingly or unknowingly, Client will hold JET harmless against all liability for any damages that may occur to Client or to others because of Client’s actions or inactions.
g. If Client does require medical treatment or attention while or after participating in the trip, Client authorizes JET to provide to Client, through medical personnel of JET’s choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon JET to provide such assistance, transportation, or services. Client agrees that they alone are responsible for the payment of any medical costs and agrees to hold JET blameless from any charges, fees, or costs that Client’s conditions may incur. CLIENT ACKNOWLEDGES THAT ANY INJURIES THAT THEY MAY SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHER INDIVIDUALS OR MEDICAL OR EMERGENCY PERSONNEL.
h. Client understands and agrees that JET shall attempt to reach any Emergency Contact they have provided to JET should Client require medical attention or treatment, but in the event JET cannot reach that contact and authorizes medical treatment, in no way shall JET be liable for any harm that may arise from the lack of contact or any medical treatment authorized without input from the Emergency Contact.
i. Client specifically acknowledges and agrees that these clauses are not intended to be a general release, which would be limited under some state and local laws.
11. ASSUMPTION OF THE RISK: Client acknowledges and understands that during their trip, they may be exposed to a variety of liabilities and risks, foreseen or unforeseen, which are inherent in travel and exposure to new and/or different environments. Additionally, Client acknowledges that the international location of any given trip may be a location where the political, health, cultural and geographical attributes present additional inherent risks greater than those present in Client’s daily life. These inherent risks include, but are not limited to, negative treatment by foreign third parties unaffiliated with JET, as well as the dangers of serious personal injury, death, and property damage resulting from, but not limited to: travel; physical exercise and exertion; physical contact with other travelers or third parties; severe allergies; animal or insect-borne illnesses; falling or tripping due to environmental hazards, uneven surfaces, or debris; other health hazards associated with travel; injury or death resulting from exposure to unfavorable weather conditions; and hazards related to dining, including, but not limited to, food sickness, allergic reactions, and/or choking (collectively the “Injuries and Damages”).
Client further acknowledges and understands that these Injuries and Damages cannot be entirely eliminated. Client fully understands and agrees that JET has not tried to contradict or minimize their understanding of these risks. Client understands that Injuries and Damages can occur by natural causes or activities of other persons, environmental circumstances, staff of JET or Third-Party Service Providers, either as a result of negligence or because of other reasons. Client understands that third parties, including Third-Party Service Providers, cannot necessarily be controlled, and that Client’s safety, physical health, or emotional wellbeing cannot be guaranteed while traveling and participating in related activities.
12. WAIVER OF LIABILITY FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE: In acknowledging the foregoing ASSUMPTION OF THE RISK section, CLIENT CONFIRMS THEIR UNDERSTANDING OF THE FOLLOWING: To the fullest extent allowed by law, Client agrees to WAIVE AND DISCHARGE CLAIMS AGAINST, RELEASE FROM LIABILITY, INDEMNIFY, AND HOLD HARMLESS JET and its parents, subsidiaries, and affiliates and their respective past and present officers, directors, stockholders, managers, members, partners, agents, and employees (collectively, “Released Parties”) from and against ANY AND ALL LIABILITY on account of, or in any way resulting from, any Client’s death or personal injury relating to Client’s travel, even if caused by NEGLIGENCE of the Released Parties; Such negligence could involve negligent assessment of the travel destination’s safety. Client understands and intends that the assumption of risk and release is binding upon Client’s heirs, executors, administrators, and assignors. This waiver and release is intended to be as broad and inclusive as is permitted by law.
13. WAIVER OF UNKNOWN CLAIMS. Client has read Section 1542 of the California Civil Code, which provides as follows:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
Client understands that Section 1542 states that Client cannot release existing claims of which the Client is presently unaware, unless the Client voluntarily chooses to waive this right. Having been so apprised, Client nevertheless hereby voluntarily elects to, and does, waive the rights described in Section 1542, and elects to assume all rights for claims that now exist in the Client’s favor, known or unknown, for the subject of this Agreement.
11. GUESTS. Client assumes all risk of damage or injury to any individuals that Client invites and/or books travel arrangements for under the Services, whether Client is present or not at the time of damage or injury, and hereby agrees to fully indemnify the Released Parties against any claims for damages or injury suffered by Client’s invited guests.
12. TERMINATION OR CANCELLATION: Either JET or Client may terminate this Agreement and/or cancel the Client’s trip, respectively, as follows:
a. TERMINATION BY JET: JET may terminate the Agreement for any reason, unrelated to Client, in JET’s sole and exclusive discretion. If JET cancels for any reason, Client is entitled to a full refund of all fees paid to JET, including the Initial Deposit. However, JET shall not be responsible for any additional fees paid by Client to any third parties, such as travel companies, airfare, etc.
b. CANCELLATION BY CLIENT: Client may cancel this Agreement with or without cause at any time, unless otherwise stated by JET, by giving the other Party written notice. In the event that the Services are cancelled or terminated at the request of the Client, JET shall refund the Client as follows:
- More than 60 days prior to departure date: JET shall retain 20% of the total land trip costs;
- 31-60 days prior to departure date: JET shall retain 50% of the total land trip costs;
- 0-30 days prior to departure date: JET shall retain 100% of the total land trip costs.
Upon termination, JET reserves all rights under this Agreement. If additional payment is due, it shall be payable within thirty (30) calendar days of Client’s written notice of termination. Client shall also pay any expenses incurred by JET through the request to terminate. Client shall assume responsibility for all legal fees necessitated by default in payment. If any legal action is necessary to enforce this Agreement, the prevailing Party shall be entitled to reasonable attorney fees, costs, and expenses.
13. PERFORMANCE: JET shall make best efforts to produce successful Services for Client, but JET makes no representations, guarantees, or warranties as to the effectiveness or performance of the Services delivered. Client shall indemnify and hold JET harmless from any and all claims, liabilities, costs, losses, damages, or expenses (including attorney fees) arising from any Third-Party Service Provider’s wrongful or negligent acts or omissions. In the event of any changes by Third-Party Service Provider that materially affect the delivery or performance of JET’s Services contemplated by this Agreement, JET shall provide notice to Client and make every effort to work with the Client to find an acceptable alternative to the Third-Party Service Provider or find a replacement service at the same or similar cost. If such a situation should occur and a suitable alternative or replacement is not found, responsibility and liability of JET is limited to the return of payments received for the specific portion of the Services affected. The Client agrees to not unreasonably withhold approval of an alternative.
14. SATISFACTION: The obligation of Client to make payment to JET according to the terms of this Agreement is not conditioned on Client’s satisfaction with the proceeds of any Services under this Agreement. Client understands and expressly agrees that delivery of the Services under this Agreement shall obligate Client to make payment and payment shall not be withheld due to subjective dissatisfaction.
15. NON-EXCLUSIVE: This Agreement is non-exclusive. JET is free to provide services to other parties during the Term of this Agreement, provided that such provision of services to others does not materially interfere with the terms and obligations of this Agreement.
16. INDEPENDENT CONTRACTOR: The relationship of the Parties under this Agreement is one of independent contractors, and no joint venture, partnership, agency, employer-employee, or similar relationship is created by this Agreement or the Parties’ related conduct. Neither Party may assume or create obligations on the other Party’s behalf, with the exception of the Client’s permission for JET to act for the purposes of this Agreement, and neither Party may take any action that creates the appearance of such authority. JET has the sole right to control and direct the means, details, manner, and method by which the Services will be completed as JET is providing services in JET’s industry that JET traditionally provides. Accordingly, JET shall be responsible for payment of all taxes arising out of JET’s activities in accordance with this Agreement, including by way of illustration but not limitation, Federal and State income tax, Social Security tax, Unemployment Insurance taxes, and any other taxes or business license fee as required.
17. WARRANTIES: JET represents and warrants that JET has full right to enter into this Agreement and to perform its obligations hereunder and will comply with all applicable federal, state, and local laws, ordinances, and regulations. JET further represents and warrants that to the best of JET knowledge, the Services do not infringe the rights of any party, and will not violate the rights of any third parties. Client represents and warrants that Client has full right to enter into this Agreement and to perform its obligations hereunder and will comply with all applicable federal, state, and local laws, ordinances, and regulations.
18. INDEMNIFICATION: Client shall defend, indemnify, and hold harmless JET, including affiliates and each of their respective officers, directors, shareholders, employees, representatives, agents, successors, and assigns, from and against all claims of third parties, and all associated losses, to the extent arising out of (a) JET’s gross negligence or willful misconduct in performing any of its obligations under this Agreement, or (b) a material breach by JET of any of its representations, warranties, covenants or obligations under this Agreement.
19. FORCE MAJEURE: Client understands and agrees that the itinerary may be subject to modification or cancellation for any reason including but not limited to fire, earthquake, labor dispute, act of a public enemy, death, illness, or incapacity of a JET employee or independent contractor or any local, state, federal, national or international law, governmental order or regulation, or any other event beyond JET’s control (collectively “Force Majeure Events”). Client understands and agrees that JET shall not be deemed in breach of this Agreement if JET is unable to complete the services or any portion thereof by reason of any Force Majeure Event. Upon occurrence of any Force Majeure Event, JET shall give notice to Client of its inability to perform.
20. NON-ASSIGNMENT: Client may not sell, assign, or transfer any of its rights or obligations hereunder, and any attempt to sell, assign, or transfer such rights or obligations without JET’s prior written approval will be null and void. All terms and conditions in this Agreement will be binding upon and inure to the benefit of the parties hereto and their respective permitted transferees, successors, and assigns.
21. ENTIRE AGREEMENT: This Agreement will constitute the entire agreement of the Parties with respect to the subject matter hereof and supersede all previous communications, representations, understandings, and agreements, either oral or written, between the Parties with respect to the subject matter of this Agreement. The Agreement may be executed in counterparts, each of which will be an original, and all of which together will constitute one and the same document. No modification of this Agreement will be binding unless in writing and signed by both Parties. If any provision herein is held to be unenforceable, the remaining provisions will remain in full force and effect. All rights and remedies hereunder are cumulative.
22. SEVERABILITY & NON-WAIVER: If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect. Any failure by JET to require Client’s performance of any provision in this Agreement shall not affect JET’s rights at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. All rights and remedies hereunder are cumulative.
23. GOVERNING LAW: This Agreement will be governed by the laws of the United States of America and all disputes will be brought solely in the courts of San Diego County. JET and Client agree that any claims, legal proceedings, or litigation arising in connection with this Agreement will be brought solely in the courts of the county of San Diego, California, and the parties consent to the jurisdiction of such courts.
I, THE CLIENT, HAVE READ THE ABOVEMENTIONED PROVISIONS, WARNINGS, ACKNOWLEDGEMENT OF RISKS & RESPONSIBILITY, AND RELEASE OF LIABILITY AND AGREE WITH ALL TERMS OF THIS AGREEMENT.