Legal

Trip terms & conditions

The UnXplored Ltd. · Effective [TERMS EFFECTIVE DATE]
These Terms & Conditions (the "Terms") form the contract between you and The UnXplored Ltd. ("UnXplored", "we", "us" or "our") for every trip, experience and travel service we sell or run, whether a group trip or a private trip (each a "Trip"). Please read them in full before you book.
You are bound by these Terms from the moment your deposit is paid. Paying a deposit — in the app, on our website, or to anyone authorised to take payment for us — means you have read and understood these Terms and agree to them, for yourself and for everyone named on your booking. Travelling on, or taking part in, any UnXplored Trip is also acceptance of these Terms.
These Terms cover Trips organised entirely by UnXplored. A Trip run together with another operator may carry that operator's terms as well, and we will tell you if it does.

1. Your booking and when the contract starts

Your booking is confirmed, and these Terms take effect, as soon as we (or an agent authorised to act for us) receive your deposit. We will then send you written confirmation by email.
The person who makes the booking (the "Lead Traveller") must be at least 18 and must give us complete and accurate information. Where a booking names more than one traveller, the Lead Traveller accepts these Terms on behalf of everyone on it, including minors and anyone under a legal disability, and is our main contact for the whole booking. "You" in these Terms means every traveller on the booking.
By booking for other people, the Lead Traveller confirms to us that they:
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have the authority and consent of every other traveller to book for them, and have given them what they need to agree to it knowingly;
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have given us complete and accurate details for every traveller, with each traveller's permission to share them; and
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will tell every other traveller that these Terms apply to the booking.
Until a booking is confirmed we may change the advertised price of any Trip. We may decline any booking at our discretion.
These Terms are the whole agreement between you and UnXplored about your Trip. They replace anything said or written before, and no other promise, statement or inducement forms part of the contract.

2. Confirmation and your itinerary

Once we receive your deposit we will email your confirmation. If it has not arrived within 5 business days, please contact us at info@theunxplored.com. From then on you agree to receive emails and in-app messages from us about your Trip, including your itinerary.
Itineraries can change. We may alter any part of an itinerary because of supplier availability, weather, local conditions, or anything else outside our control.

3. Payments

Deposit. A deposit is due when you book, and it is what secures your place. The deposit is non-refundable, and it cannot be moved to a different Trip. Before the balance due date you may ask us to transfer your deposit to another person joining the same Trip in your place; finding that person is up to you (see section 5).
Balance. The rest of the Trip price must be paid in full by the balance due date shown at booking and in your confirmation. Some Trips let you pay the balance in instalments; if yours does, the schedule will be shown in the app. If full payment has not reached us by the balance due date, we may cancel your booking and keep the deposit and anything else you have paid.
Late payment. A payment more than 10 days late is a breach of these Terms. A late payment carries a $30 late fee, and missing more than one payment may lead to your booking being cancelled and your place offered to the next person on the waitlist. If you are going to have trouble paying on time, email info@theunxplored.com before the payment is due. If a cancelled booking is later re-booked, any extra cost of booking late is yours.
Why payments are non-refundable. Hotels, guides, activity providers and other suppliers ask us to commit money well before a Trip runs. We make those commitments on the strength of your booking, which is why what you pay us cannot simply be handed back.

4. If you cancel

You can cancel at any time. To be valid, a cancellation must be sent to us in writing at info@theunxplored.com and acknowledged by us in writing. We do not give cash refunds when you cancel. What happens to the money you have paid depends on how close to departure you cancel:
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91 days or more before departure: your deposit is forfeited, and everything you have paid after the deposit becomes a credit towards a future UnXplored Trip. Any difference in price between the two Trips still applies.
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Between 90 and 60 days before departure: your deposit is forfeited, 50% of what you have paid after the deposit is kept as a cancellation fee, and the other 50% becomes a credit towards a future Trip.
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Less than 60 days before departure: everything you have paid is forfeited.
Credits. A credit can be used for 6 months from the date you cancel. After that it expires.
Private Trips. If you booked a private Trip, cancelling or changing it may also cost you whatever accommodation and activities we have already booked with suppliers on non-refundable terms.
Costs outside your booking. We are not responsible for anything else you lose when a booking is cancelled, such as flights, trains, visas, vaccinations, parking, lost earnings or lost enjoyment. Travel insurance is the only way to recover those costs (see section 7).

5. Passing your place to someone else

Before the balance due date, you may ask us to move your deposit and any instalments you have paid to another person who takes your place on the same Trip. It is up to you to find that person.
The new traveller must accept these Terms, and sign any waiver or cancellation agreement we ask for, before the transfer takes effect. You agree to cover UnXplored against any claim arising from the transfer. A transfer between travellers carries an admin fee equal to the deposit.

6. Missed or unused parts of a Trip

We do not give discounts or refunds for any part of a Trip you miss or do not use, unless it was our fault. That includes the rest of a Trip you are removed from because of your own conduct, negligence or breach of these Terms.

7. Travel insurance

Travel insurance is required. You must buy it when you book, and it must cover you for the whole Trip and for cancellation if you cannot travel.
It is up to you to check that your policy covers every activity on the itinerary — for example, a ski Trip needs winter sports cover — and that it covers illness, injury, death, medical treatment and evacuation, damage to or loss of property and baggage, cancellation, cutting a Trip short, and any other loss you could suffer (together, "Losses").
The cost of insurance is yours, and so is any Loss you suffer because you did not insure, or did not insure enough. UnXplored is not responsible for your Losses.

8. Passports, visas and travel documents

You must hold a valid passport, and every visa, permit, certificate or other document needed for each country, park or area the Trip visits ("Documentation"). UnXplored is not responsible if you are refused entry to, or exit from, anywhere because your Documentation was missing or invalid.

9. Changes to a Trip

We may change any part of a Trip — activities and their timing, hosts, what is included, accommodation or the itinerary — if we decide it is necessary because of hazardous or adverse conditions, because a third party has prevented part of the Trip, or for any other commercially necessary reason. A change of this kind does not entitle you to a refund.
An itinerary is a general guide to a Trip and its region. Naming a place in it does not promise that you will visit or see it, and the itinerary is not part of the contract. We plan with care and describe Trips in good faith, but we may improve them in light of weather, local factors, feedback from past travellers and our own research. We recommend you check your final itinerary in the app a few days before you travel.
This kind of travel needs flexibility, and by booking you accept that we may make reasonable changes. Routes, timings, amenities and transport may change without notice because of illness, breakdowns, local incidents, cancelled flights, strikes, political events, border problems, extreme weather and other things we cannot reasonably control.

10. If we cancel

We may cancel your booking if full payment has not reached us by the balance due date. If that happens, nothing you have paid, including the deposit, is refunded.
We may also cancel a Trip before departure if too few people have booked, or for any other commercial reason. If we cancel a Trip in its entirety, we will email everyone booked on it and refund what you have paid us. We are not responsible for anything beyond that — flights, travel documents, preparation costs or any other Loss.
Apart from what this section and section 4 expressly provide, a change or cancellation does not entitle you to a refund of any part of the Trip price, or to compensation for any Loss it causes you.

11. Health, fitness and physical activity

Taking part is your choice. Trips may involve demanding physical activity — walking, hiking, running, climbing, swimming, surfing, dancing, yoga and other exercise ("Physical Activity"). You understand the risks that come with travel and Physical Activity, which include serious injury, illness and death, and you choose to take part knowing them. Every activity is optional. If you sit one out, we do not have to offer an alternative.
Your fitness to travel. You confirm that you are over 18, and that your physical and mental health is good enough to take part fully in the Trip. You confirm that you have no medical condition or disability that would limit or prevent your taking part, or that you have told us about it before booking. You should speak to your doctor before you travel, and we may ask for a note from them confirming you are fit to take part. If at any point you are unsure whether you are fit for an activity, stop and get medical help.
Trips may go to remote places with little or no access to doctors or hospitals able to treat serious conditions, or your own condition. The cost of any medical treatment or evacuation is yours, which is one reason travel insurance is required (section 7).
We may refuse to let you take part in a Trip or any activity on medical, fitness or other grounds, and we may remove anyone whose behaviour risks injuring themselves or others.

12. Risk, liability and release

Accepting the risk. Serious accidents can happen during travel and Physical Activity. The places we go may also differ politically, culturally and geographically from your home in ways that bring greater risk, and it is up to you to learn what you need to know about them. Knowing this, you accept full responsibility for the risks of travel and Physical Activity, including injury, death and damage to property, whether or not those risks could be foreseen.
Injury. If you are injured on a Trip, you are responsible for your own medical costs.
Release. In return for being allowed to take part, you release, waive and discharge UnXplored, its officers, members, agents, contractors, employees, volunteers, guides and other representatives (each a "UnXplored Party") from, and agree not to sue any UnXplored Party over, any claim, demand or Loss of any kind — including direct, indirect, incidental, consequential, special or punitive damages, medical costs, lost income or profit, property damage, pain, illness and death (together, "Liabilities") — arising from or connected with your travel to or participation in a Trip. This applies whether the Liability arises in contract, tort, strict liability or otherwise, including through the negligence of a UnXplored Party, and even if a UnXplored Party was told it might happen, to the fullest extent the law allows.
Whether or not you buy travel insurance, you agree not to look to any UnXplored Party to reimburse a Liability you suffer while travelling or taking part in a Trip.

13. Special requests and indemnity

Special requests. Tell us about dietary needs, allergies, meal requests and any other special request when you book. We pass reasonable requests on to the relevant supplier, but every request depends on availability and we cannot promise it will be met. We are not liable if it is not. Please check that your requests are recorded correctly when you book.
You agree to indemnify UnXplored for any consequence of your not telling us something relevant, such as an allergy or dietary need. You also agree to indemnify and hold harmless every UnXplored Party against any Liability, including legal costs, that it incurs because of your participation in a Trip — whether or not caused by its negligence, but not where caused by its gross negligence or wilful misconduct — to the fullest extent the law allows.
Who this binds. You intend these Terms, including the release in section 12, to bind your spouse and family members, and, after your death, your heirs, assigns and personal representatives.

14. Your responsibilities

Depending on the Trip and where it goes, travel may carry real personal risk, as adventure travel generally does. You confirm that you have weighed those risks against your own abilities and needs, and accept them.
We are not responsible for advising you on local customs, weather, safety, physical demands or laws at your destination. We strongly encourage you to contact your embassy or consulate for each destination before you travel.
You must follow the terms, rules and requirements of every supplier, country and government authority on your Trip, and you are responsible for the consequences of not doing so.

15. Prices

Prices shown in the app and on our website reflect costs when they were published. We may change a price at any time before your booking is confirmed. Dates, itineraries and prices are indicative; the price that applies to you is the one shown when you pay your deposit. We may correct or update anything on our website or in the app before a contract is made, and those updates form part of these Terms from then on.

16. Photos, video and your likeness

Photos, video and audio will be taken on Trips by UnXplored, our hosts and other travellers, and some of it may include you. You consent to this.
You grant UnXplored, its affiliates and assigns a worldwide, perpetual, irrevocable, royalty-free licence to use, copy, edit, display, publish and distribute your image, likeness and voice as captured on any Trip ("Likeness"), in any medium now known or developed later, for any lawful purpose including marketing and promotion. You will not be paid for this use, and you waive any right to approve the material or to receive royalties.
Group photos. Our hosts may arrange group photos, which we may share on our social media channels. We will use them only to promote UnXplored. If you would rather not appear, simply step out of group photos — you are always free to.

17. Refusing service

We may refuse service to anyone, at any time, for any lawful reason.

18. Events outside our control

If we are prevented, directly or indirectly, from meeting any of our obligations by something outside our reasonable control — natural disasters, strikes, fire, severe weather, breakdowns, disrupted transport, government or political action, war, terrorism, the acts of a third party, or anything similar — we have no liability to you for it. We may, by written notice, cancel the Trip or take any other reasonable step. Section 10 sets out what is refunded if a Trip is cancelled in its entirety; beyond that, we are not responsible for flights, travel documents, preparation costs or any other Loss.

19. General

Severability. If any part of these Terms is found unenforceable or void, it is removed or narrowed only as far as needed to make it enforceable, and the rest of these Terms still apply.
Interpretation. These Terms, including the release and waivers, are meant to be as broad as the law allows.
No waiver. If we do not enforce part of these Terms, or are slow to, that does not waive it or any other part. Waiving one breach does not waive any other.
Headings. Headings are for convenience only and do not affect what the Terms mean.
Governing law. These Terms are governed by the law of [GOVERNING LAW AND COURTS], whose courts have exclusive jurisdiction over any dispute about them.

20. What you are agreeing to

By paying a deposit for a UnXplored Trip, you accept that Trip details can change, that the itinerary is a guide rather than a promise, and that physical activity on a Trip carries risks you take on yourself. Whether to take part in any activity is your decision alone.
Questions about these Terms? Email us at info@theunxplored.com.
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