Terms and Conditions for Off Cape Experiences, LLC

When booking trips with Off Cape Experiences, LLC (herein referred to as “the Company”), the client will provide appropriate information to help the Company provide a safe environment for all travelers and to meet the client’s needs. This shall include completion of all enrollment documentation including the Participant Information and Emergency Contact Form, Traveler’s Insurance Form and Assumption of Risk Form. Additional information includes dates of arrival and departure, number of people traveling, and any other appropriate information requested by the Company. 

When requesting customized trips with the Company, the client will provide appropriate information to help understand the client’s needs and interests. This shall include the dates of desired travel, number of people traveling, contact information, and any other appropriate information to allow for a proper quote. 

Payments

A non-refundable 10% credit card deposit per person will be required to complete the client’s booking request. Payment of the deposit to the Company constitutes acceptance of these terms and conditions.

All bookings with the Company are subject to the limitations of liability imposed by the underlying operators involved in a trip.

The client will pay the balance of the total package 60 days prior to the date of arrival.

In case of last minute bookings, or if your booking is made and confirmed within 60 days of the arrival date, the client will be required to pay the full balance immediately.

Itineraries are canceled if the balance is not received by the due date; cancellation penalties apply, as noted below.

Deposit payments must be made via credit card. Balance payments can be made via credit card, check, money order or wire transfer to the Company.

Send checks and money orders to:

Off Cape Experiences
250 Eastwind Circle
Wellfleet, MA 02667

Make wire payments to:

Bank: Cape Cod 5
Routing number: 211371078
Account number: 832919861
Off Cape Experiences
1621 State Highway Route 6
Wellfleet, MA 02667

Cancellations

The client is responsible for verifying that everything on the itinerary is accurate and complete, including dates of travel, options selected and that each name matches the relevant passport. The Company cannot accept responsibility if we are not notified of inaccuracies within 5 days of sending out the itinerary. Changes are subject to the fees and penalties noted below. In the case of billing errors, the Company reserves the right to re-invoice you with correct pricing.

Cancellations must be sent to the Company via email and will take effect from the moment it is received by the Company.

In the event of a cancellation, the following charges will apply:

• Cancellations made more than 60 days prior to the arrival date will result in the forfeiture of the client’s deposit.

• Cancellations made between 31-60 days prior to the arrival date will result in the forfeiture of 50% of the cost for the package.

• Cancellations made within 30 days prior to the arrival date will not be eligible for a refund for the cost for the package.

• No refund is available for cancellations after the commencement of the trip or on any service used.

The Company is not responsible for any loss of funds or change fees required by airlines, accommodations or other entities in relation to the cancellation or alteration of an itinerary.

Upon cancellation of the package where the client was not at fault, and has not canceled in violation of the terms and conditions, the client will be refunded the total cost of the package.

The Company reserves the right to cancel any trip prior to departure for any reason it deems necessary relating to the impact of the trip experience or the safety and well-being of travelers. Examples would include Covid-19 or another pandemic, a change in regional stability, natural disaster occurrence, a declaration from the U.S. State Department changing their outlook of traveler safety and so forth. If the Company cancels a trip under these circumstances, the client will be given a full refund of any deposits or trip price paid. The client will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses, or damage (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation (including but not limited to visa, passport, and vaccination charges, or departure, gear purchases, airport, and airline taxes). Compensation for these items should be addressed through the clients travel insurance.

Passports, Visas and Entry

The client will be responsible for obtaining all passport, visa and/or any other travel documents required for entry into the country.

Should the client require assistance with passport, visa or other travel documents, the Company may assist the client with recommendations upon request.

The Company cannot accept liability for any client refused entry onto any transport or into any country due to failure of the client to carry correct documentation or adhere to specific entry and exit requirements.

Travel Amendments and Transfers

If the client wishes to make amendments to their trip and travel arrangements, the client must notify the Company in writing at the time of booking or as soon as possible thereafter. Any additional costs associated for amending a trip, such as increased operational expenses, will be the responsibility of the client and must be paid when full payment is due 60 days before trip departure.

If the client wishes to transfer from one trip to another, they must notify the Company by email. Once the Company receives notice, the transfer will take effect subject to the following:

Transfers may only be made to another trip with the Company, and 
Travel must take place within 12 months from original departure date. 
Amendment charges may apply.

International and Domestic Flights

The booking of any international flights are the responsibility of the client. For scheduled experiences, we will send out suggested arrival and departure windows on the first and last day of the trip. Anything outside those windows, like arriving a day early, will incur additional transportation charges.

The Company will book local flights if required in the itinerary.

It is the responsibility of the client to update the Company about the flight dates, times, flight numbers, connections and any other changes.

The Company may assist with recommendations and may give assistance with flight-related inquiries from the client. If a client requires that the Company book their international travel, an additional charge will be added to the total package cost.

Some airlines may impose additional charges if clients choose to check any baggage. Clients will be responsible for contacting the airline(s) or referring to its website for detailed information regarding the airline’s checked baggage policies. These fees are levied by the airlines, not the Company, and may be subject to change.  

The Company does not accept liability in the case of any passenger being denied boarding by any airline carrier due to the carrier’s overbooking of a flight or any policies, procedures, rules or regulation of the carrier.

Travelers Insurance

It is a condition of booking any trip, itinerary or package with the Company that the client is adequately insured for the full duration of the trip with respect to illness, injury, death, loss of baggage and personal items, cancellation, and/or all other matters of such kind. Recommended coverage is included within the Travelers Insurance form from the Company.

Travelers insurance is a typical form of special insurance procured by travelers during international travel.

The choice of the insurer is in the sole discretion of the client, however the Company may assist with recommendations upon client’s request.

Weather

Some trips may require itinerary modification due to weather in order to safeguard against hazardous conditions.

We recommend traveler’s insurance to help protect against any unforeseen circumstances.

Travelers Needing Special Assistance

The client must report any disability requiring special attention and /or assistance to the Company at the time the reservation is made. The Company will make reasonable efforts to accommodate the special needs of participants. Such participants, however, should be aware that the Americans with Disabilities Act is inapplicable outside of the United States and facilities outside the United States for disabled individuals are typically limited. It is strongly recommended that persons requiring assistance be accompanied by a companion who is capable of and totally responsible for providing the assistance. Neither the Company nor its personnel, nor its subcontractors, may physically lift or assist clients into transportation vehicles. If a traveler thinks they might need assistance during a trip, they should call the Company to determine what assistance might reasonably be given. The Company cannot provide special individual assistance to trip members with special needs for walking, dining or other routine activities.

Young Travelers

Travelers who are under 18 years old on the departure date must be accompanied by an adult throughout the trip, and are requested to share an adult’s accommodation.

The client will be responsible for contacting the airline for any special requirements regarding airline tickets for children.  

Due to heightened security, many countries have adopted practices to prevent international abductions of children. If a child will be traveling with adults other than the parents or with only one parent, it is recommended that a notarized letter be written by the parents or non-traveling parent granting authorization to travel, including the dates of travel. We suggest that you also contact the appropriate consulate and airlines because they may have additional requirements or recommendations.

Flexibility

The client appreciates and acknowledges that the nature of this type of travel requires considerable flexibility and should allow for alternatives. The itinerary as given for each trip must therefore be taken as an indication of what each client may accomplish and not as a contractual obligation on the part of the Company.

It is understood that the route, itineraries, amenities, and mode of transport may be subject to alteration without prior notice due to circumstances or events which may include sickness, mechanical breakdown, flight strikes, cancellations, political disputes, religious disputes, entry or border difficulties, weather and/or any other unpredictable circumstances.

Claims and Complaints

If a client has a complaint about anything during their stay, the client must first inform their trip leader or guide while abroad so the trip leader or guide can attempt to rectify the matter locally.

Any further complaints must be put in writing and emailed to the Company within seven days after the end of the trip. Any and all supporting documentation to the claim or complaint must accompany the written email. Any claim or complaint received by the Company after this deadline will not be accepted or reviewed. 

Refunds are not issued for any included activity or trip location that is missed due to circumstances out of the Company’s control.

Limitation Of Liability 

a. The Company does not own or operate any of the companies or entities that will be supplying the air travel, road travel, hotel accommodations and other similar services that the Company will be arranging for you under this Agreement. Therefore, the Company shall not be responsible for any intentional, careless, or negligent actions or omissions, errors, default or insolvency on the part of such suppliers, which result in any loss, damages, delay or injury to the client. The Company does not give any representation or warranty with respect to any part of such supplier’s services. In the event of any default with respect to the services of such suppliers, the client’s sole recourse shall be with such supplier, subject to such supplier’s terms and conditions. 

b. The Company shall not be responsible for any injuries, losses or damages in connection with terrorist activities, mechanical, or structural integrity of air and ground transportation, diseases, bankruptcy, or cessation of a supplier or transportation or travel services, climatic conditions, changes, or cancellation of travel due to weather conditions, hotel services, accidents, or health related problems before, during, or after travel or any other actions, omissions or conditions outside of the Company’s control. 

c. IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT TO THE OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOSS BUSINESS OPPORTUNITIES, DAMAGE TO GOODWILL OR REPUTATION OR LOSS OF DATA, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN.

Disclaimers

The Company and its agents act only as agents of the client in all matters relating to trips, transportation, and accommodations.

The client or any other person named in the booking form shall indemnify and hold harmless the Company or its agents from all suits, actions, losses, damages, claims or liability for any personal injury, death, property damage or other loss, accident, delay, inconvenience or irregularity which is occasioned by any negligent acts or omissions of the Company arising out of any goods or services provided for this or these trips.

The Company will not be held responsible for any delays, cancellations, or non-acceptance of reservations. While we do our best to ensure that each program mentioned is properly arranged, we have no direct control over services provided by subcontractors.

The laws of the country in which the trip takes place governs the Company's liability to passengers carried in its own vehicles.

While the Company provides all the services to the best of its ability, for the comfort and safety of the client, it will be noted that all trips and excursions are taken at the risk of the clients, and that clients knowingly and voluntarily acknowledge and assume all such risks.

The Company will always do its best to minimize or eliminate the effect of matters outside its control, but cannot accept any liability for these matters which include political/religious disputes, visa refusal, delayed flights, unforeseen climate, and/or other circumstances.

Miscellaneous

Maps shown on trip pages are current at the time of printing and may not reflect actual routing should the trip change. Photos shown on trip pages are reflective of the area(s) visited, but may not be included in the actual trip itinerary.

Wi-Fi connectivity is not guaranteed, and is often disrupted, unavailable, and slower internationally than the client may be accustomed to.

Although every effort is made to handle the client’s luggage as carefully as possible, the Company is not responsible for and does not assume liability or accept claims for loss of or damage to luggage due to breakage, theft or wear and tear through hotel and group carrier handling. It is recommended for the client’s self-interest and protection that they have adequate insurance to cover these eventualities.  Baggage and personal effects are the sole responsibility of the owner at all times.

The Company reserves the right to decline to accept any person as a member of the trip, or to require any participant to withdraw from the trip at any time, when such action is determined by the trip leader or guide to be in the best interests of the health, safety, and general welfare of the trip group or of the individual participant.

Participants may be photographed for the promotional purposes of the Company.

Payment of the deposit to the Company constitutes acceptance of these terms and conditions.  

Arbitration

I, the client, agree that any dispute concerning, relating or referring to this contract, the brochure or any other literature concerning my trip, or the trip itself, shall be resolved exclusively by binding arbitration in the state of Massachusetts according to the then existing rules of the American Arbitration Association in the United States of America. Such proceedings will be governed by and in accordance with substantive United States of America law. 

Forum Selection

This Agreement shall be governed and interpreted pursuant to the laws of the United States of America by mutual agreement of the parties hereto and the Federal Courts in the United States of America shall have exclusive and sole jurisdiction over any dispute, controversy or suit arising relative to this Agreement.