LESMON EXPERIENCE BOOKING TERMS & CONDITIONS
By booking a Tour with Lesmon Experience you acknowledge that you have read, understand and agree to be bound by these Terms. If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these Terms on behalf of the other participants in your party.
1. THE BOOKING CONTRACT
Your booking is confirmed and a contract exists when Lesmon Experience or your travel agent issues a written confirmation after receipt of the applicable deposit amount. Please check your confirmation carefully and report any incorrect or incomplete information to Lesmon Experience or authorized agent immediately. Please ensure that names are exactly as stated in the relevant passport.
You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to Lesmon Experience.
2. BOOKING ON BEHALF OF OTHERS
By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your Tour booking, notifying Lesmon Experience or your travel agent if any changes or cancellations are required and keeping your party informed.
By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and Lesmon Experience will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.
3. REQUIRED MEDICAL INFORMATION
Lesmon Experience reserves the right to request further information or professional medical opinions where necessary, as determined in its discretion, for your safety or the safe operation of a Tour.
Lesmon Experience reserves the right to deny you permission to travel or participate in any aspect of a Tour at any time and at your own risk and expense where Lesmon Experience determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others.
In the event that you do not complete the required Medical Form or provide medical information reasonably required by Lesmon Experience for any reason by the deadline indicated above, Lesmon Experience reserves the right to cancel your booking and all applicable cancellation fees will apply.
You are responsible for assessing whether a Tour is suitable for you. You should consult your physician to confirm your fitness for travel and participation in any planned activities. You should seek your physician’s advice on vaccinations and medical precautions. Lesmon Experience does not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the Tour based on your own unique circumstances, limitations, fitness level and medical requirements.
Travel with Lesmon Experience may involve visiting remote or developing regions, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country. The condition of medical facilities in the countries you may visit on your Tour varies and Lesmon Experience makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions.
4. SPECIAL REQUIREMENTS
Any special requirements must be disclosed to Lesmon Experience at the time of booking. Lesmon Experience will use reasonable efforts to accommodate special requirements or requests but this is not always possible given the nature of the destinations visited and availability of options outside a planned itinerary. Certain activities may be inaccessible to you if your mobility is limited in any way. All food allergies and dietary restrictions must be disclosed to Lesmon Experience at the time of booking but Lesmon Experience cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these Terms or the contract between you and Lesmon Experience and Lesmon Experience is not liable for any failure to accommodate or fulfill such requests.
5. AGE REQUIREMENTS
All Lesmon Experience travelers must be 18 or older on the first date of the booked Tour. No minors are permitted on Lesmon Experience Tours.
6. INSURANCE RECOMMENDATIONS
We strongly recommend you purchase travel insurance with a minimum medical, evacuation and repatriation coverage of USD $200,000 covering all applicable dates of travel with Lesmon Experience. We recommend your coverage includes 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 Lesmon Experience and you are to obtain separate coverage at an additional cost. It is your responsibility to ensure that you have sufficient coverage and comply with the terms of the applicable insurance plans. You are responsible for advising your insurer of the type of travel, destination(s) and activities included in your booking so that the insurer may provide appropriate coverage.
7. PRICES, SURCHARGES AND TAXES
Lesmon Experience will not increase the price of your Tour after you have paid in full. Tours are priced and advertised inclusive of applicable taxes
From time-to-time Lesmon Experience may offer reduced pricing on certain products or services. Reduced pricing applies only to new bookings. Bookings where payment of at least a deposit has been received by Lesmon Experience are not entitled to reduced pricing.
All dates, itineraries and prices of Tours are subject to change at any time and the current price will be quoted and confirmed at the time of booking, subject to any surcharges that may be levied in accordance with these Terms.
You acknowledge that you are responsible for keeping up to date on the specific details of your Tour and any other products or services, including, but not limited to checking Lesmon Experience’s website at least 72 hours prior to departure as minor changes may have been made after the time of booking.
At the time of booking, a 50% non-refundable deposit per Tour is due to Lesmon Experience. If the booking is made 60 days or less prior to departure, full payment is due at the time of booking. The non-refundable deposit may be paid online at https://lesmonexperience.com or directly through one of the Lesmon Experience representatives.
Certain products or services offered by Lesmon Experience may require you to make full payment at the time of booking. Lesmon Experience will advise you of any such requirements prior to confirmation of the applicable booking.
10. DETAILS REQUIRED FOR BOOKING
As a condition of booking, you must provide the information requested by Lesmon Experience along with final payment. If you fail to supply information required by Lesmon Experience for air tickets, permits, or other inclusions, you will also be liable for any costs, fees or losses including failure to obtain or provide that inclusion. In the event that you fail to supply information required by Lesmon Experience, Lesmon Experience also reserves the right to treat your booking (or the relevant component of your booking) as canceled and levy any cancellation fees deemed reasonable by Lesmon Experience, in its sole discretion. The information required by Lesmon Experience will vary by Tour and will be communicated to you or to Lesmon Experience’s authorized agent during the booking process. Lesmon Experience will not be held responsible for any fees you incur as a result of errors, omissions, inaccuracies, late, misplaced or otherwise incomplete information you have provided.
Tour prices do not include international or other airfare unless expressly mentioned in the Tour’s descriptions. Please consult your air carrier’s applicable terms and conditions and conditions of carriage for complete information including applicable cancellation terms. Lesmon Experience is not responsible for changes in air itineraries or flight times and does not provide advice or alerts regarding air travel tickets, flight status or delays.
12. FINAL PAYMENT & ACCEPTANCE OF BOOKING
The confirmation sent by Lesmon Experience or your travel agent will contain details of final payment required for any booking. Payment of the balance of the price for any products or services booked is due 60 days before the departure date of the first product or service included in the applicable booking. If full payment is not received by the applicable due date, Lesmon Experience may, at its sole discretion, change the rate payable for the booking, or treat the booking as canceled and retain the deposit paid on booking as a cancellation fee. If a booking is made less than 60 days before the departure date of the first product included in the applicable booking, then the full amount must be paid at the time of booking. If, for any product or service booked, payment terms differ from those outlined in this section, the applicable terms will be communicated to you prior to booking and will also be detailed on the applicable invoice.
Lesmon Experience is not responsible for any charges levied by third parties or financial institutions and payable by you as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by you to Lesmon Experience.
13. CANCELLATION BY THE PARTICIPANT
You may cancel your booking by notifying Lesmon Experience. Cancellation fees, if any, will be determined with reference to the date on which notice of cancellation is received by Lesmon Experience and are expressed as a percentage of the total price paid for the canceled Tour, product or service (excluding any insurance products).
Cancellation of a Tour:
(a) Cancellation received 60 days or more before departure of first product or service in relevant booking: the deposit will be held by Lesmon Experience in accordance with these Terms, the remainder of the payments made to Lesmon Experience in respect of the canceled product will be refunded.
(b) Cancellation received 30-59 days before departure of first product or service in relevant booking: the deposit will be held by Lesmon Experience in accordance with these Terms, an amount equal to 50% of the remainder of the payments made to Lesmon Experience in respect of the canceled Tour will be refunded.
(c) Cancellation less than 30 days before departure of first product or service in relevant booking: no refund will be payable.
For certain products or services offered by Lesmon Experience alternative cancellation terms may apply. Lesmon Experience will advise you of any such requirements prior to confirmation of the applicable booking.
14. GUARANTEED DEPARTURES & CANCELLATION OF A TOUR BY Lesmon Experience
A departure date for a Tour offered by Lesmon Experience will become a guaranteed departure when at least four bookings secured by a valid deposit have been made on that departure.
Lesmon Experience guarantees that all scheduled Tour departures booked and secured with a valid deposit will depart as indicated on the applicable confirmation, subject to reasonable itinerary changes as described in these Terms or good faith health and safety concerns. This guarantee is not applicable in the case of Force Majeure. Up to date Tour and itinerary information is available on Lesmon Experience’s website or by contacting Lesmon Experience. Brochures and other printed materials displaying Tour information and departure dates are subject to change may not be relied upon for purposes of this guarantee.
If a Tour is canceled by Lesmon Experience before the date of departure for reasons other than Force Majeure and the cancellation is not caused by your fault or negligence, you will have the choice of accepting from Lesmon Experience:
(a) a substitute Tour of equivalent or superior value; or
(b) a substitute Tour of lesser value if no Tour of equivalent or superior value is reasonably available and to recover from Lesmon Experience the difference in price between the price of the Tour originally purchased and the substitute Tour; or
(c) a full refund of all monies paid for the canceled Tour.
Lesmon Experience is not responsible for any incidental expenses or consequential losses that you incur as a result of the canceled booking including visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, Lesmon Experience reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where a significant element of a Tour as described cannot be provided after departure, Lesmon Experience will make suitable alternative arrangements where possible. If it is not possible to provide a suitable alternative or if you reasonably reject any suitable alternatives, Lesmon Experience may provide you with a refund for unused products or services as determined in its discretion.
15. 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 Lesmon Experience 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 Lesmon Experience that is a direct result of your failure to secure or be in possession of proper travel documentation. Lesmon Experience does not provide advice on travel documents and 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 Lesmon Experience is not responsible for any errors or omissions in this information.
16. FLEXIBILITY & UNUSED SERVICES
You acknowledge that the nature of adventure travel requires flexibility and acknowledge that you will permit reasonable alterations to products, services or itineraries by Lesmon Experience. The route, schedules, accommodations, activities, amenities and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of Lesmon Experience (including but not limited to Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events and entry or border difficulties). No reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of Lesmon Experience, including your removal from a Tour because of your negligence or breach of these Terms.
Changes made by Lesmon Experience: Lesmon Experience may modify your itinerary where reasonably required in its sole discretion. If Lesmon Experience makes a change affecting at least one in three full days of the itinerary or which materially affects the character of a product or service in its entirety (a “Material Change”), Lesmon Experience will provide notice to you as soon as reasonably possible, provided that there is sufficient time to do so before departure. If a Material Change is made more than 14 days before departure, you may choose to:
- i) accept the Material Change and proceed with the amended product or service;
- ii) book another product or service of equal or greater value, if available (you will be responsible for paying any difference in price); or
iii) book another product or service of lesser value, if available (with a refund payable to you for the difference in price); or
- iv) cancel the amended product or service and receive a full refund for the land-only portion of the applicable product or service (a refund is not available for other products or services booked which are not subject to a Material Change).
You must notify Lesmon Experience of your choice within 7 days of receiving notice or you will be deemed to accept the amended itinerary.
Once a Tour has departed, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment or comfort. Any changes are at the discretion of Lesmon Experience. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel with Lesmon Experience, whether or not such expenses arise from a change of itinerary, and Lesmon Experience is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. Lesmon Experience will not be liable for any indirect and or consequential losses associated with any changes to a booking or itinerary.
Changes made by you: You are responsible for ensuring that information provided to Lesmon Experience is accurate and up-to-date. Any changes to your name on any booking are subject to Lesmon Experience’s approval. Any changes to a booking depend on availability and are subject to Lesmon Experience’s approval and these Terms. Any extra costs incurred for making the change will be charged to you along with an administrative fee. Cancellation of any Tour, product or service included in a booking will not be considered a change for purposes of this section and will be governed by the applicable cancellation terms. No changes are permitted to any booking within 10 days of departure of the first product or service on the applicable booking.
18. ACCEPTANCE OF RISK
You acknowledge that adventures travel and the products and services offered by Lesmon Experience may involve a significant amount of risk to your health and safety. By traveling with Lesmon Experience you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risks and release Lesmon Experience from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in Tour itineraries or otherwise offered by Lesmon Experience. Lesmon Experience requires that you confirm your assumption of this responsibility by completing the participation waiver (the “Waiver”) prior to departing on your tour. The Waiver will be emailed to you.
You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with developing infrastructure. Standards of hygiene, accommodation and transport in certain countries where Tours take place are often lower than the standards you may reasonably expect in your home country or region. You agree that Lesmon Experience is not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where a Tour, product or service is operated. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.
You must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should you fail to comply with the above or commit any illegal act when on Tour or, if in the opinion of Lesmon Experience (acting reasonably), your behavior is causing or is likely to cause danger, distress or material annoyance to others, Lesmon Experience may terminate your travel arrangements on any product or service immediately at your expense and without any liability on Lesmon Experience’s part. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals.
You are responsible for any costs (including repair, replacement and cleaning fees) incurred by Lesmon Experience or Lesmon Experience’s suppliers for property damage, destruction or theft caused by you while on a Tour. You agree to immediately report any pre-existing damage to a representative of Lesmon Experience and staff of the accommodation, transportation service, or facility as soon as possible upon discovery.
You agree to take all prudent measures in relation to your own safety while on Tour including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither Lesmon Experience nor its Third Party Suppliers (as defined herein) are liable for loss or damages caused by your failure to comply with safety instructions or warnings.
You agree to bring any complaints to Lesmon Experience as soon as possible in order to provide Lesmon Experience with the opportunity to properly address such complaints. You agree to inform your tour leader, another representative of Lesmon Experience or Lesmon Experience’s customer service department directly. Lesmon Experience assumes no liability for complaints that are not properly brought to the attention of Lesmon Experience and cannot resolve or attempt to resolve complaints until proper notice is provided. Any complaint made after the completion of a Tour must be received in writing by Lesmon Experience within 30 days of the last day of travel of the booking in question.
19. Lesmon Experience IS NOT LIABLE FOR THIRD PARTY SUPPLIERS
Lesmon Experience makes arrangements with accommodation providers, activity providers, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your booking. Third Party Suppliers may also engage the services of local operators and sub-contractors. Although Lesmon Experience takes all reasonable care in selecting Third Party Suppliers, Lesmon Experience is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third Party Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and Lesmon Experience does not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.
Lesmon Experience is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than Lesmon Experience and its employees.
Lesmon Experience is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.
20. OPTIONAL EXTRAS
“Optional Extras” refers to any activity, transportation, meal, product or service not expressly included in the Tour itinerary or price of the Tour and which does not form part of the Tour. You agree that any assistance given by Lesmon Experience’s representative(s) in arranging, selecting, or booking, any Optional Extras is purely at your request and Lesmon Experience makes no warranties and expressly disclaims any liability whatsoever arising from participation in Optional Extras or any information provided by any representative of Lesmon Experience regarding any Optional Extras. You release Lesmon Experience from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to or arising from participation in or booking of Optional Extras.
You acknowledge and agree that any liability for loss, damages, death, personal injury, illness, emotional distress, mental suffering or psychological injury or loss of or damage to property associated with Optional Extras is the sole responsibility of the third party providing that service or activity.
Lesmon Experience and its parents, subsidiaries and their respective employees, affiliates, officers, directors, successors, representatives, and assigns shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against Lesmon Experience for any such loss, damage, injury, or death.
In the event that any loss, death, injury or illness is caused by the negligent acts or omissions of Lesmon Experience or of the Third Party Suppliers of any services which form part of the booking contract then Lesmon Experience limits its liability, where applicable by all applicable international conventions.
Notwithstanding anything to the contrary elsewhere in these Terms, Lesmon Experience will not in any circumstances be liable to you for any loss or anticipated loss of profit, loss of enjoyment, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature.
For claims not involving personal injury, death or illness, any liability Lesmon Experience may incur for the negligent acts or omissions of its suppliers will be limited to a maximum of the price which you paid for the applicable Tour, not including insurance premiums and administration charges. Where this relates to loss or damage to luggage and other personal possessions then Lesmon Experience liability will not exceed $1,000 CAD. Lesmon Experience will not at any time be liable for any loss of or damage to valuables of any nature. You agree that you will be precluded from making a double recovery by making the same claims and seeking recovery against Lesmon Experience and its suppliers, contractors or other third parties.
22. FORCE MAJEURE
Lesmon Experience will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for Lesmon Experience failure to commence, perform or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather, significant risks to human health such as the outbreak of serious disease including any mutation or variation of, and the ongoing effects of, Covid-19, or any other cause whatsoever beyond the reasonable control of Lesmon Experience or the Third Party Supplier of services, whether or not foreseeable, which would make it dangerous or not viable for a Tour to commence or continue, any and all of which, individually and collectively, constitute “Force Majeure”.
23. IMAGES AND MARKETING
You agree that, while participating in any Tour, images, photos or videos may be taken by other participants, Lesmon Experience or its representatives that may contain or feature you. You consent to any such pictures being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to Lesmon Experience, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.
If any provision of these Terms is so broad as to be unenforceable, such provision will be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof will in no way affect the validity or enforceability of any other provision.
26. CONTRACT PARTIES & SUCCESSORS
These Terms will inure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors and assigns.
27. APPLICABLE LAW
The Contract and these Terms are subject to the laws of the State of Ohio in the United States of America and you submit to the exclusive jurisdiction of the courts located in the State of Ohio in the United States of America for the resolution of any dispute under these Terms or concerning any Tour, product or service.
Lesmon Experience reserves the right to update or alter these Terms at any time, and will post the amended Terms on Lesmon Experience’s website at gadventures.com/terms-conditions/. Any amendment will take effect 10 days after being posted to Lesmon Experience’s website. An up to date copy of these Terms, as amended, may be accessed at any time on Lesmon Experience’s website and will be sent to you upon written request to Lesmon Experience. You are deemed to have accepted any amendments to these Terms on the date that is 10 days after their posting on Lesmon Experience’s website. Lesmon Experience recommends that you refer to the Terms prior to travel to familiarize themselves with the most up-to-date version available.