The Legacy Untold Travel, LLC
2. Acceptance of Terms
These terms define our respective obligations, rights, and remedies, with regard to use of our services, participating in travel arranged through us and use of this website. These terms also include warranty disclaimers and limitations and exclusions of liability. By visiting our website, or obtaining any service or product through us, you agree to be bound by these terms. You acknowledge and agree this is a fair balance because the website is available to you conveniently; and if you don’t agree or don’t want to accept these terms, you can easily choose to not visit the website. If you do not agree, or if anything is not in these terms that you consider essential, you can choose to not use our website and not use our services. By using the website or our services you agree to comply with and be bound by all the terms.
3. Who We Are
We are The Legacy Untold Travel, LLC (referred to as “The Legacy Untold” or “we” or “us” or “our”).
4. Passports & Visas
(a) You and each person in your group are responsible to obtain and carry a valid passport, visa and all other documents required by government(s) of the place(s) where you travel. The U.S. government advises everyone to carry at least two forms of acceptable identification to board a flight. The Transportation Security Administration (“TSA”) list of acceptable IDs is at www.tsa.gov/traveler-information/acceptable-ids. Name, date of birth and gender on the identification card must match exactly the same data on the airline ticket(s) and booking records.
(b) Some countries, as a condition to enter, require passport to have more than six (6) months before expiration, and refuse entry to a person whose passport expires within six (6) months of the date of attempted entry or within six (6) months of anticipated completion of the trip. Some countries require the passport to have at least two blank pages. Countries may have additional requirements.
(c) A person who is not a U.S. citizen may need additional documentation.
(d) Children and infants are not exempt. All such travel documents are required for children and infants. Children and infants traveling with one parent, or without both parents, may be denied entry, unless authenticated, verified consents are provided to authorities in the format and with content they require.
(e) Each traveler is responsible to make sure his or her passport, and passports of children, are up to date, do not expire for at least 6 months after the trip beginning or trip return date as applicable in particular countries, have two completely blank pages where required, and have all necessary visas.
(f) For more information, visit websites of the U.S. Customs and Boarder Protection agency, https://help.cbp.gov/ and TSA, www.tsa.gov; and travel websites of the U.S. State Department: www.travel.state.gov and https://travel.state.gov/content/travel.html. Also get information on requirements for each country where you will travel; and check each the website of each carrier and supplier regarding what travel requirements must be met, and what documents you, children and all members in your group must obtain and carry. Citizens of other countries should check with relevant embassy(s) in their own country and other relevant nation websites.
(g) Not complying with all these requirements and with each country’s particular and additional requirements may result in you, children or members in your group being denied boarding on a plane or other vessel, delay at security checkpoints or other travel gateways, missed flight(s), missed other transportation, missed travel bookings on cruises and tours and/or denial of entry into a country.
5. Other Entry and Exit Requirements
(a) Each country has rules and practices regarding past criminal offenses, whether within or outside the country. Criminal offenses may include, but are not limited to felonies, misdemeanors and seemingly petty offenses, also including driving under influence of alcohol or drugs. If you have a past or current offense, whether recent or a long time ago, please contact authorities in each country you wish to travel to or through, for entry and exit requirements. This also includes planning to only pass through in transit. Some additional information may be at the U.S. State Department travel website.
(b) The Legacy Untold does not control issuance of visas or acceptance of visas by authorities in a country. You are responsible to assure that all visas required for your trip are obtained in advance; visas for each country are valid for your entry and exit dates; personal details are accurately stated; and your passport is valid for at least six (6) months after completion date of your trip. Issuance of a visa does not assure entry. Local immigration officials make final entry decisions. You or members of your group may be denied entry despite having a visa.
(c) Denial or delay of entry into or through a country for any reason, and/or a country’s non- issuance of a visa, is not grounds for a refund as to any aspect of your trip.
(d) Out of respect for privacy and other considerations it is possible our staff may not ask you about your criminal history. It is your obligation to open discussion of this subject and share this information if you wish to do so. Particularly if the subject is not brought up by you, it is your obligation to be aware of restrictions on travel that may result from past criminal matters.
6. Travel Advisories/Warnings
You are responsible to be and stay informed of the most current travel information, advisories and warnings by checking the U. S. State Department’s travel website at www.travel.state.gov/ or by phone at 1-888-407-4747 and accessing the Centers for Disease Control (CDC) website at https://wwwnc.cdc.gov/travel/notices. Regardless of a US State Department advisory or CDC warning, YOU ASSUME ALL RISKS OF PERSONAL INJURY, DEATH, LOSS, INCONVENIENCE OR DELAY, QUARANTINE COSTS, HOSPITAL OR MEDICAL COSTS, OR OTHER EXPENSES THAT MAY ARISE FROM THE TRIP.
7. Travel Protection
(a) Travel is an adventure. So many things can happen during or in relation to travel. Some can be disruptive, painful, costly or worse. We require that you obtain medical insurance and travel insurance. This is to provide some protection for you and your trip investment against some of the many things that can happen. Travel protection plans differ and vary widely. They may include coverage for one or more of: trip cancellation, trip interruption, emergency medical and emergency evacuation/repatriation, trip delay, baggage delay and more. Within these coverages, terms, amounts of coverage, deductibles, requirements and procedures vary. Some insurers that offer these coverages include Travel Guard, Allianz, Travelex, Redpoint and World Nomads.
(b) Some travel insurance plan options, like Cancel For Any Reason policies, may be available only if purchased within 14 days of confirming your trip with a deposit payment. For that reason we recommend looking into insurance as soon as your trip is confirmed. It is the responsibility of the traveler to purchase a policy in a timely manner. We reserve the right to cancel your trip at any time if you do not obtain and provide us proof of adequate insurance.
(c) No policy covers every risk and for risks covered, no policy covers 100%. The Legacy Untold and our representatives shall not be responsible for adequacy, sufficiency or any other aspect of insurance you may choose to obtain or of the issuer of the policy, even if more or better coverage or better insurer was available, and even if we accepted the insurance as in some way sufficient. Our coverage recommendations, requirements or acceptance of insurance is not a representation or warranty of sufficiency, but is no more than an assessment for The Legacy Untold’s own internal analytical purposes.
8. Your Health and Physical Condition
You and each person in your group are responsible to consult a personal physician, and to consult a physician for each child in your group, before booking your trip and before traveling. This is to make sure each person is physically fit for the travel, that the travel you selected is appropriate to each person’s health, abilities and limitations and that you and they have taken all health precautions.
(a) You are responsible to obtain and have required documentation of immunizations before travel and to comply with rules of government authorities. The Legacy Untold shall not be responsible for accuracy of health requirements or vaccination and/or documentation prior to departure or on arriving at any destination. Prior to travel, required inoculations must be recorded by your health care professional on a valid vaccination certificate, which you must carry for proof of inoculation where required. You are urged to also consult your health care professional regarding medications and inoculations, before booking.
(b) Some vaccinations require multiple visits and a few weeks between injections. Begin consulting all physicians at least 8 weeks before departure. For up-to-date medical advice we recommend you also visit the Centers for Disease Control and Prevention (CDC) travelers’ health page: www.cdc.gov/travel.
Each airline, cruise line and other carrier and provider has its own policy and many restrict travel or participation and require a doctor’s note or other documentation to travel or participate after a specified stage of pregnancy. Some carriers and service providers do not permit travel or participation after a specified stage of pregnancy. The Legacy Untold does not control carrier or service provider policies. You are responsible to check the policy of the airline, cruise line or other carrier and service provider and comply with their policy.
In many tropical countries, mosquitoes spread diseases like chikungunya, dengue, malaria, West Nile, yellow fever and Zika virus. You must seek medical advice before travel, especially if you are pregnant or have an underlying condition. When traveling some of the many measures you can take to reduce risk of infections from mosquitoes include wearing suitable clothing, covering up when mosquitoes are active, using insect repellent on exposed skin, and using a mosquito net, especially if sleeping in unscreened accommodations. You must seek prompt medical attention if you have a fever or other symptoms. If you become ill on your return, tell your doctor about any trips you have taken in the past year.
12. Insecticide Notice
International law lets airlines spray insecticide inside the cabin to protect public health, agriculture and the environment. This may involve spraying a cabin with insecticide while passengers are on board or spraying or treating inside surfaces with insecticide while passengers are not on board. Some countries require airlines to treat the cabin with insecticides while passengers are on board. You can see a list of these countries and other information about insecticide treatment of aircraft at the Department of Transportation website https://www.transportation.gov/airconsumer/spray.
Your trip may include travel or experiences at high altitudes. We recommend you review the altitudes of your destination with us in the planning process, and consult your physician before confirming your booking.
14. Travelers with Disabilities
(a) The Americans with Disabilities Act and other laws and practices that assist persons with special needs and disabilities apply within the United States. Travel service providers outside the United States may or may not comply with the ADA and other practices common in the United States. In many places outside the United States, facilities for disabled persons are limited compared to within the United States.
(b) The Legacy Untold welcomes customers with special needs and disabilities and seeks to provide enjoyable, and memorable travel experiences for all customers. To help us do so:
• Please inform your TLU representative before booking of any physical, medical, or other special needs that require accommodation. After booking, if you or a member of your group develops a physical or medical condition that requires accommodation, please inform our representative as soon as possible.
•You and all guests in your group must ensure you and they are medically and physically fit for travel. Service providers may impose safety requirements necessary for safe operation of their tour and facilities. They may exclude an individual from participating in a tour or activity if the individual’s participation poses a threat to health or safety.
•Many providers do not provide personal devices (for example, wheelchairs, motorized scooters, hearing aids or prescription eyeglasses) or services of a personal nature (for example, pushing a wheelchair or assistance in eating, toileting or dressing). A companion to provide this assistance may be required to accompany a passenger who needs services of a personal nature.
• Many providers do not employ medical personnel. Needed medical attention may have to be obtained at local facilities, at your expense. Facilities may not be available. THE LEGACY UNTOLD IS NOT RESPONSIBLE OR LIABLE FOR LOSSES OR COSTS INCURRED AS A RESULT OF MEDICAL SERVICES OBTAINED WHILE TRAVELING OR FOR THE QUALITY OF CARE OR SERVICES RECEIVED.
•Many destinations and tours involve stairs or steep walkways, uneven pavement, cobblestone streets, gravel, narrow ways, turns, rough terrain, and other conditions limiting or preventing wheelchairs or motorized device.
• Travel involves arrangements with carriers, hotels and other suppliers to provide services. They are independent entities, which The Legacy Untold does not control. The Legacy Untold cannot assure disability access or accommodations.
(c) Your TLU representative can discuss a world of alternatives and customize an itinerary that also considers your level of mobility and comfort.
15. Dietary Needs
You are responsible to tell us any dietary needs or preferences, vegetarian, vegan, lactose intolerance, food allergies, diabetic, celiac, Kosher, Halal. Please inform us before or at the start of the trip planning process. Meeting all preferences and needs may not be possible, or may not be possible at all times or places on the trip. After we inform service providers, and even if a service provider can accommodate or commits to accommodate needs or preferences, they may inadvertently err and/or their standards may differ, for example, less strict standards for separating out allergens or differing standards for other categories. It is critical that you inform anyone serving or providing you with food of your dietary needs and preferences, regardless of any prior discussions with The Legacy Untold. THE LEGACY UNTOLD IS NOT LIABLE FOR FAILURE OR FAILURE OF ANY SERVICE PROVIDER TO MEET THE DIETARY NEEDS OR PREFERENCES OF YOU OR ANYONE IN YOUR GROUP.
16. Culture and Political Differences
The world is highly diverse. Each place has its own culture, history, attitudes, likes, dislikes, friends, foes, grievances, priorities, rules, customs, practices, sensitivities, taboos, lifestyles, infrastructure, and wide-ranging other characteristics and conditions that make people and their places unique, fun, interesting, or potentially challenging to visit, meet and engage with. These circumstances are often an important reason to visit the destination, but certain aspects may be frustrating. Actions that you might routinely engage in at home may give offense or be unlawful in another place. An expressions you frequently use at home, may be offensive to some in a place you visit. You must be prepared to be flexible, patient, open-minded and to accept and embrace diverse experiences, different practices, that may not align with your preferences or expectations.
(a) Personal safety is a concern everywhere. No place, even home, is 100% safe. Some places have greater safety risks than others. News may exaggerate incidents, making them seem more dangerous. In contrast, media may fail to give sufficient attention to matters of true danger. You are responsible to investigate, be and stay informed about places where you will travel, by reading current news, reviewing travel prohibitions, warnings, announcements and advisories issued by the U.S. Government before and after booking. Information on conditions in various countries and levels of risk associated with travel to particular destinations can be found at websites of the U.S. State Department www.state.gov, TSA www.tsa.gov, Department of Transportation www.dot.gov, Federal Aviation Administration www.faa.gov, U.S. Centers for Disease Control www.cdc.gov, and U.S. Customs and Boarder Protection agency www.cbp.gov.
(b) You should consider enrolling in the U.S. Government’s free Smart Traveler Enrollment Program (STEP). STEP lets U.S. citizens and nationals traveling and living abroad enroll their trip with the nearest U.S. Embassy or Consulate. STEP lets you enter information about your upcoming trip so the State Department can provide information on safety conditions to help you make informed decisions about travel plans, help the U.S. Embassy contact you in an emergency and help family and friends contact you in an emergency. Register at www.step.state.gov.
(c) PEOPLE TRAVEL TO MANY DIFFERENT DESTINATIONS. PEOPLE TRAVEL FOR MANY REASONS AND HAVE DIFFERENT RISK TOLERANCES. THE LEGACY UNTOLD’S ARRANGING OR ASSISTING IN ARRANGING TRAVEL TO PARTICULAR DESTINATIONS IS NOT A REPRESENTATION OR WARRANTY THAT TRAVEL TO THOSE PLACES IS ADVISABLE, SAFE, RISK FREE, OR OF TOLERABLE OR ACCEPTABLE RISK. THE LEGACY UNTOLD AND ITS PERSONNEL SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES, ALSO INCLUDING PERSONAL INJURY, DELAY, CRIME, DEATH, INJURY TO OR LOSS OF PROPERTY, THAT MAY RESULT IN OR DURING OR AS RESULT OF TRAVEL TO ANY DESTINATION. YOU ASSUME AND ACCEPT, FOR YOURSELF AND YOUR GROUP, ALL SAFETY AND OTHER RISKS ASSOCIATED WITH YOUR TRAVEL
Your trip and all services of The Legacy Untold are provided on these terms. The Legacy Untold, its subsidiaries, owners, managers, officers, employees, consultants, and affiliates, do not own or operate any other entity that will or does provide services or merchandise for your trip. This includes, by way of example, ownership or control over or operation of hotels, other lodging, airlines, ships and boats, buses, vans or other transportation, ground operators, providers or organizers of optional excursions or of equipment, food service or entertainment providers, or any other providers of services or merchandise, even if some of those entities use The Legacy Untold name on signs, name tags, stationery, or other materials. All such persons and entities are independent contractors.
19. LIMITATION OF LIABILITY
THE LEGACY UNTOLD AND ITS SUBSIDIARIES, OWNERS, MANAGERS, OFFICERS, EMPLOYEES, CONSULTANTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY ACT, NEGLIGENT OR WILLFUL, OR FAILURE TO ACT OR OMISSION OF ANY SUCH PERSON OR ENTITY, OR OF ANY THIRD PARTY. BY WAY OF EXAMPLE, AND NOT LIMITATION, THEY SHALL NOT BE LIABLE FOR INJURY, LOSS, OR DAMAGE TO YOU OR ANY MEMBER OF YOUR GROUP, FOR PERSONAL PHYSICAL OR MENTAL INJURY, ILLNESS, DISEASE, DEATH, DISTRESS, INJURY TO OR LOSS OF LUGGAGE OR OTHER PROPERTY, DELAY OR INCONVENIENCE CONNECTED WITH PROVIDING OF OR FAILURE TO PROVIDE OR ERROR IN PROVIDING SERVICES OR MERCHANDISE, OCCASIONED BY OR RESULTING FROM, BUT NOT LIMITED TO, ACTS OF GOD, ACTS OF GOVERNMENT, ACTS OF WAR OR CIVIL UNREST, TERROR, INSURRECTION OR REVOLT, CRIMINAL ACTIVITY, STRIKE OR OTHER LABOR ACTIVITY, LAW OR REGULATION OR CHANGE IN LAW OR REGULATION, CHANGE IN ENFORCEMNET PRACTICE, EMBARGO, FINANCIAL OR OTHER DEFAULTS BY SUPPLIERS, CRIMINAL OR TERRORIST ACTIVITYS, OR THREAT OF ANY OF THE FOREGOING, OVERBOOKING, DOWNGRADING OF ACCOMMODATIONS, STRUCTURAL OR OTHER DEFECTIVE CONDITIONS IN HOTEL OR OTHER LODGING FACILITY, MECHANICAL OR OTHER FAILURE OF AIRPLANE OR ANY MEANS OF TRANSPORTATION, OR HUMAN ERROR, FAILURE OF ANY TRANSPORTATION MECHANISM TO ARRIVE OR DEPART TIMELY OR SAFELY, FOODBORNE OR WATERBORNE ILLNESS, INFECTIOUS DISEASE, WEATHER, RAIN, WIND, HIGH OR LOW WATER, DANGERS ASSOCIATED WITH OR BITES FROM ANIMALS, PESTS OR INSECTS, MARINE LIFE OR VEGETATION OF ANY SORT, DANGERS INCIDENT TO RECREATIONAL ACTIVITY SUCH AS SCUBA DIVING, ZIP LINING, SNORKELING, PADDLE BOARDING, SWIMMING, KAYAKING, SAILING, CANOEING, RAFTING, HIKING, BIKING, CLIMBING, SKIING, BOARDING, ETC. SANITATION PROBLEMS, FOOD POISONING, LACK OF ACCESS TO OR MEDICAL CARE, QUALITY OF MEDICAL CARE, DIFFICULTY IN EVACUATION IN CASE OF MEDICAL OR OTHER EMERGENCY, ILLNESS, EPIDEMIC, PANDEMIC OR THREAT THEREOF OR FOR ANY FORCE MAJEURE THE SAME AS OR DIFFERENT OR OTHER THAN THE FOREGOING OR OTHER CAUSE, AND FROM ANY AND ALL FORMS OF NEGLIGENCE OF THE LEGACY UNTOLD, ALSO INCLUDING UNINTENTIONAL GROSS NEGLIGENCE, AND YOU AND EACH MEMBER OF YOUR GROUP ALL ASSUME EACH AND ALL RISKS OF EACH AND ALL AND EVERY COMBINATION OF THE FOREGOING. BUT THERE IS NO EXCLUSION OF LIABIILITY FOR CONSCIOUS-INTENTIONAL-WILLFUL GROSS NEGLIGENCE OF THE LEGACY UNTOLD OR FOR INTENTIONAL MISCONDUCT OF THE LEGACY UNTOLD.
20. FURTHER LIMITATION OF LIABILITY
THE LEGACY UNTOLD PASSES ON THE VAST MAJORITY OF YOUR PAYMENTS TO OUR SUPPLIERS TO SECURE YOUR TRIP. THE LEGACY UNTOLD THEREFORE ONLY RERTAINS SMALL MARGINS, COMMISSIONS AND/OR FEES FOR TRAVEL PLANNING SERVICES. YOU AGREE THAT IF, NOTWITHSTANDING THE ABOVE LIMITATION OF LIAIBLITY, THERE IS ANY LIAIBLITY OF THE LEGACY UNTOLD, ANY LIABILITY AND RECOVERY FROM THE LEGACY UNTOLD WILL BE LIMITED TO AND IN NO EVENT EXCEED THESE SMALL MARGINS, COMMISSIONS AND/OR FEES RETAINED BY THE LEGACY UNTOLD FOR OR ASSOCIATED WITH YOUR TRIP.
21. Assumption of Risks
(a) Travel is an adventure. Adventure has risks. You are aware that travel you and your group are undertaking, involves hazardous activities, some in remote areas, with risks of inconvenience, illness, injury or death. These may be brought about by forces of nature, animals, insects or flora, negligence of The Legacy Untold, or of other persons and companies known or unknown, or negligent, willful or criminal conduct of third parties. You are aware that weather conditions may be severe, adverse, unpleasant or all of these. You are aware that medical services or facilities may not be readily available or accessible at some or all times during the trip.
(b) To partake in the enjoyment and excitement of this adventure trip you are willing to accept the risks and uncertainties involved as being an integral part of your trip. You hereby accept and assume full responsibility for any and all risks of illness, injury or death and of negligence (but not conscious-intentional-willful gross negligence) of The Legacy Untold.
22. Participation is Voluntary
The planned or proposed travel is voluntary by you. If you are under any obligation to travel, your election to arrange travel with The Legacy Untold is voluntary by you. You acknowledge that you are voluntarily arranging this trip. You acknowledge that you read the description of the trip as it appears in any preprinted itinerary or description, or for a customized tour, any itinerary or description provided by your representative at The Legacy Untold, and supplements and notes regarding the trip. You are voluntarily participating in this trip with knowledge of the hazards involved.
23. More Waivers During Trip
You are aware that additional waivers and disclaimers of loss and liability and the like may be required by service providers to participate in activities during the trip. You agree to either sign those waivers, or alternatively you understand and agree that you may decline to sign, and may be excluded from services for which you choose not to sign such waivers.
24. When Travel is Considered Reserved
(a) The Legacy Untold will have no obligation to arrange travel until monies have been received and a booking confirmation has been issued.
(b) “Reserved” does not mean your travel will occur. It means only that we received partial payment and are waiting for the rest of the payment, and signed documents from you, to secure arrangements with third party providers.
(c) Your travel is considered to be reserved only when: (a) for a booking made more than 90 days before scheduled departure date, you provide the deposit requested by The Legacy Unlimited, which The Legacy Untold will generally set to be at least 30% and may be up to 50% of the quoted price of the full travel itinerary; and/or (b) for a booking made 90 days or closer to scheduled departure date, you provide full payment of the quoted price of the full travel itinerary, and in either case when The Legacy Untold has stated to you in writing that your itinerary is confirmed.
(d) Your confirmed booking is subject to becoming unreserved and cancelled if the balance due for any booking is not paid when due. The person in whose name the booking is made and the travel is arranged, is obligated to make full payment for all persons in group.
(e) All persons in the group at any time, thus also including anyone later added or substituted, and continuing to include anyone who leaves the group, agrees to be and to remain bound by these terms and conditions. The person in whose name the booking is made and the travel is arranged is responsible to ensure all persons in the group are informed, aware of and have read these terms and conditions including non-payors and minors.
25. Cancellation for Nonpayment
26. Requirement to Sign and Return Terms of Travel
(a) These terms and conditions apply to each person in your group. The Legacy Untold will provide you an electronic copy and requires that each person in your group please review and sign the electronic copy and return it to us. When we have received these documents and payment(s) due at the time of booking, we will then confirm arrangements with our suppliers and, subject to availability of requested arrangements, send you a confirmation. Delay in us receiving all signed terms and conditions may delay booking all or parts of your trip and may result in repricing, rescheduling and requoting some or all parts of the trip. We will have the right to pass on any cost increases to you. You accept responsibility for increased costs and agree that you must immediately pay all incremental costs. Even if you are not provided with a copy of these terms to review and sign they are easily available on the footer of every page of our website and you are deemed to have accepted them by using our travel services and/or viewing our website.
(b) You agree to check your confirmation invoice and all travel documents carefully on receiving them to confirm accuracy. You agree to contact us immediately if you believe any details are or may possibly be incorrect. FOR ANY INACCURACY THAT THE LEGACY UNTOLD WOULD BE RESPONSIBLE FOR, THE LEGACY UNTOLD WILL NOT BE RESPONSIBLE IF YOU FAIL TO NOTIFY US OF WITHIN THE SHORTER OF FIVE (5) DAYS OF RECEIPT OF DOCUMENTATION OR NOT LATER THAN 48 HOURS BEFORE DEPARTURE. We will still try to rectify any mistake notified to us outside these time limits; you must bear any additional costs involved. For any documents that we do not receive back with signature(s) before departure, such person’(s)’ travel is subject to cancellation. There will be no full or partial refund.
(a) A deposit is part payment for a trip. The deposit required will be set based on requirements of suppliers. Typically the required deposit is 30% – 50% of the total trip price.
The Legacy Untold requires full payment for the trip 90 days prior to the scheduled departure date. If the reservation is first made 90 days or closer to scheduled departure date, The Legacy Untold requires full payment at that time. If full payment is not received according in the time frame stated above in this section, The Legacy Untold reserves the right to cancel the trip and apply cancellation charges in Section 27. On and after cancellation and return to you of the amount paid, less the cancellation fee which we will retain, The Legacy Untold will have no further liability or obligation to you.
(b) In addition to the deposit, part or full payment for some elements of the trip, such as flights, may be required at the time of booking or other specified time. The deposit and additional payments are generally nonrefundable. A partial refund may be possible if we cancel your trip in circumstances other than Force Majeure. The balance must be paid not later than the date state in the confirmation invoice. This is typically at least 90 days before scheduled departure date. But some destinations or trip elements require advance payment. If we do not receive all payments when due, in full and on time (including any surcharge if applicable), we can infer that you wish to cancel. We will be entitled to retain all amounts paid. If we do not cancel immediately, for example, because you promised to make payment, you must pay the cancellation charges shown below based on the date we treat your booking as cancelled.
(c) Full payment is required at time of booking for a booking made after balance due date.
(d) Sometimes, suppliers ask us to pay them earlier than usual. There can be various reasons. For example, a supplier may need payment to secure accommodation and other services during times of peak demand. We will require payment from you. Failure to comply with these requests may result in loss of confirmed arrangements. We reserve the right to require you to pay the requested amount within a certain period and prior to balance due date. Such payment is nonrefundable.
28. Change to a Trip
If you ask to change an itinerary or other aspect of a trip, we will pass your request to the supplier. We do not assure the supplier will cooperate, or that the change will be made. A requested change may be made, declined, made only in part, accommodated in some manner other than the precise change that was requested. Where a change of any kind is made in whole or in part, or accommodated, we will charge additional costs incurred including costs imposed or incurred by suppliers and any cancellation charges incurred for cancelled aspects. We will have the right to charge for our additional work. By way of example, a name change or other alteration to an airline ticket usually incurs a 100% cancellation charge and full rebooking fee. If you obtain trip insurance that covers change fees, you may be able to recover part of the cost from your insurance.
If you wish to cancel part of a booking or the entire booking after it is confirmed by us, you must provide us written notification by certified mail or email. As proof of receipt by email of your cancellation notification you must receive and retain written acknowledgement from The Legacy Untold. Charges will be applied from the date your letter or email is received, according to the scale below. The charges are applied as a percentage of the total trip cost excluding any amendment charges and any amounts paid in addition to the deposit at the time of booking or before balance due date. If you obtained trip insurance that covers cancellation, you may be able to recover part of the cost from your insurance.
30. Cancellation Charges
The following cancellation charges apply based on time of cancellation. Different cancellation charges apply in relation to certain products. Please see your confirmation for any additional details.
|Time before scheduled departure in which we receive written cancellation request||Cancellation charge per person as a percent of total trip cost|
90 days or more; and before final payment Deposit only
Less than 90 days; or after final payment 100%
31. Force Majeure
THE LEGACY UNTOLD WILL NOT BE LIABLE, AND HAS NO OBLIGATION TO MAKE ANY REFUND OR PAY ANY COMPENSATION WHERE PERFORMANCE OF AN OBLIGATION IS PREVENTED OR DISRUPTED OR IN ANY WAY AFFECTED, OR YOU SUFFER ANY LOSS, INJURY, DEATH, INCONVENIENCE, DELAY OR ANY OTHER FORM OF DAMAGE DUE TO ANY CIRCUMSTANCE AMOUNTING TO “FORCE MAJEURE.” FOR THESE TERMS, “FORCE MAJEURE” MEANS ANY EVENT OR CIRCUMSTANCE THAT WE OR A SUPPLIER COULD NOT AVOID. SUCH EVENTS AND CIRCUMSTANCES INCLUDE BUT ARE NOT LIMITED TO ACTS OF GOD; THREATENED, IMPENDING OR ACTUAL: WAR, INSURRECTION, RIOT, STRIKE, CIVIL ACTION, ACT BY GOVERNMENT OR GOVERNING AUTHORITY, EMBARGO, FAILURE OF UTILITY, EQUIPMENT FAILURE OR BREAKDOWN OR NEED FOR REPAIR OR TECHNICAL OR MAINTENANCE PROBLEM WITH TRANSPORT, CHANGE OF SCHEDULE OR OPERATIONAL DECISION OF AIR OR OTHER CARRIER, TERRORISM, INDUSTRIAL ACTION, NATURAL OR NUCLEAR ACTIVITY, EPIDEMIC/PANDEMIC, ADVERSE WEATHER, HIGH OR LOW WATER, EARTHQUAKE, FIRE, FINANCIAL FAILURE OF A SUPPLIER OR OTHER PERSON/ENTITY, AND ANY SIMILAR OR DIFFERENT EVENTS OUTSIDE OUR CONTROL, EVEN IF SUCH EVENT COULD HAVE BEEN CONTEMPLATED OR ENVISIONED. THIS FORCE MAJEURE PROVISION APPLIES WITH REGARD TO EVERY OBLIGATION OF THE LEGACY UNTOLD.
If you have a complaint about an aspect of your trip arrangement while traveling, you must inform the local representative or supplier immediately. Many problems can be solved best or accommodated best if addressed at the time and place. THE LEGACY UNTOLD WILL HAVE NO LIABILITY OR OBLIGATION FOR A PROBLEM OR COMPLAINT THAT YOU DO NOT REPORT AT THE TIME AND PLACE OF OCCURRENCE WHICH, HAD IT BEEN REPORTED AT THE TIME AND PLACE, COULD HAVE BEEN RESOLVED THEN/THERE. In the unlikely event an acceptable solution cannot be implemented, we ask and require you to write to us within seven (7) days after your return providing full details of your complaint.
33. Changes After Start of Trip
We will try to make reasonable changes you request after the trip starts, but we cannot assure this will be possible. If a requested change is made, or if a request results in an alternative accommodation, you will be required to bear any cancellation charges and other charges associated with the revising the arrangements
34. Change Will Not Result in Full or Partial Refund
A change that shortens your trip, your late arrival, your early departure, your absence from some or all portions of the trip, your participation in less costly aspects of the trip than originally planned or paid for, your reduced participation in any way, or your usage of less of the elements of the trip than are or were available, will not result in any refund in full or in part. If you obtained trip insurance, depending on coverage you may be able to recover part of the cost from the insurance.
35. If We Make a Change to Trip
We try to avoid changes and cancellations but sometimes we must make changes to itineraries, hotels and other aspects of a trip. We reserve the right to do so. This may occur before or after bookings are confirmed. This may occur before or after trip begins. There are many reasons why a change may need to be made. Force majeure events (described in Sec. __) are typical reasons. Other reasons are possible. We will try to make an adjustment that provides an alternative, approximately equivalent experience (for example, approximately equivalent accommodation/carrier/restaurant/destination to replace an unexpectedly unavailable hotel/transportation/dining experience/planned destination). A change or cancellation that was outside our control will not entitle you to a full or partial refund.
We do not provide or arrange excursions other than those you arranged with us that are listed in your custom itinerary. Our local representatives or guides may identify or introduce you to local excursion organizers. It is possible that a local excursion organizer may have provided us or our representatives a benefit, paid a referral fee or other consideration to encourage us to make an introduction. The Legacy Untold does not own or control local excursion providers. YOUR DEALINGS AND ARRANGEMENTS WITH LOCAL EXCURSION PROVIDERS ARE ON THEIR TERMS OR TERMS YOU AND THEY ARRANGE. YOU DEAL WITH LOCAL PROVIDERS AT YOUR OWN RISK. THE LEGACY UNTOLD DOES NOT VOUCH FOR AND WILL HAVE NO LIABILITY FOR ANY ASPECT OF EXCURSIONS YOU ARRANGE WITH LOCAL PROVIDERS.
37. Price Adjustments and Surcharges
We produce descriptions of many tours and these involve many price inputs. Occasionally we make typographic and calculation errors. We reserve the right to make corrections to pricing that result when we identify these. If you notice a possible error, or pricing that appears surprisingly low or high, please call it to our attention for clarification or confirmation to reduce risks of surprise or misunderstanding. Increases in aviation fuel and other energy prices, fluctuations in currency exchange rates, introduction by governments of new charges, and other factors can require an increase in trip prices before or after you book. We reserve the right to make changes to and correct errors in quoted prices any time before your trip is fully paid and for significant errors or changes even after full payment. We will inform you of these circumstances and the adjustments after we become aware of them.
38. Flights and Your Responsibility
(a) Flight details in your itinerary proposal are only guidance and are subject to change. Final details in effect at the time of issuing your itinerary, will be confirmed in your final itinerary. That is generally sent 14 days or more prior to departure. Times shown on tickets are local times. Check-in time for outward and return flights may be at least 3 hours before departure times on travel documents.
(b) Flight times can change after itinerary and tickets are issued. You must check with carrier to confirm flight times. Though we try to contact you if we learn of a change in flight time, you must not rely on us to contact you.
(c) A change in one flight time may impact your ability to make any connecting flight. Connecting flights may depart from different airport location (e.g., different gate) than your arriving flight. Arrival locations and departure locations of connecting flights can change. You must check with carriers to confirm gates of arrival and departure.
(d) If you do not present your itinerary, ticket, boarding pass and required identification, you may not be permitted to enter the airport, or enter the departure gate and may not be permitted to board a flight. Keep your itinerary, ticket, boarding pass and required identification in safe place.
(e) The name on your airline tickets must be identical to the name on your passport. Please check these for any possible mismatch. If you notice any discrepancy, please notify us immediately so that you or we can attend to any corrective action that may be needed.
(f) Air travel is subject to operational decisions of carriers and airports. These decisions may result in delays and diversions. Carriers sometimes change departure times with little or no prior notice. Sometimes, schedules shown in computers of carriers differ from those actually flown by smaller local carriers. You must be careful to locally reconfirm directly with carriers operating the flight.
(g) THE LEGACY UNTOLD WILL NOT BE RESPONSIBLE FOR YOU MISSING A DEPARTURE WHETHER DUE TO CHANGE IN FLIGHT TIME, CHANGE IN GATE OF ARRIVAL OR DEPARTURE, MISPLACEMENT OR LOSS OF ITINERARY, TICKET, BOARDING PASS OR IDENTIFICATION, MISMATCH BETWEEN NAME ON TRAVEL DOCUMENT AND NAME ON PASSPORT OR OTHER REASON.
39. You Bear Risks of Loss or Damage
YOU ACCEPT RESPONSIBILITY FOR DAMAGE OR LOSS CAUSED BY YOU. Baggage and personal effects are at all times the responsibility solely of you.
40. Use Of Website
You can use our website: www.thelegacyutold.com to obtain information about us, our services, our team and travel opportunities. Access is permitted to you only on a temporary basis. We reserve the right to modify any content or functionality any time, without notice. We will not be liable if for any reason our website is unavailable for any period, whether or not unavailability was in our control. From time to time, we may restrict access to parts of our website or our entire website. You must use our website only according to these terms, including the below Acceptable Use Provisions.
The right to use the website is personal to you and is not transferable by you to any other person or entity. You are responsible to make any arrangements needed for you to access our website and to ensure that all persons who access our website through your internet
connection are aware of and comply with these terms.
The website is not directed to children (persons under age 18). Children must not use the website or services offered or submit any individually identifiable information about themselves.
43. Acceptable Use
(a) You may use our website only for lawful purposes. You must not use our website: any way that violates federal, state or local law or regulation; any way that has unlawful or fraudulent purpose or effect; to harm or try to harm us or any person or entity; any way that could disable, overburden, damage, or impair our website or interfere with anyone else’s use of our website. You agree not to reproduce, duplicate, copy, re-sell or purport to re-sell any part of our website, or any service available through our website and not to access without authority, interfere with, damage or disrupt any part of our website or any software used in our website or equipment or network or software owned or used by any third party.
(b) If we determine a breach of these Acceptable Use Provisions may have occurred through your use of our website, we may take whatever action we deem appropriate.
(c) Violating these provisions is a breach of these terms and may result in us blocking your access to our site, legal action and exercise of all available rights and remedies.
(a) All or substantially all content in our website is owned by or licensed to us and is protected by U.S. and international copyright laws, except any works of the U.S. government. This includes text, images, artwork, any sound, and all other content, elements and aspects of our website. We retain all rights to the contents. The contents may not be reproduced, transmitted, displayed or distributed, in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without prior written consent from us, except as follows: Permission is granted to view and print materials from our website for the non-commercial purpose of personal viewing, reading and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on our website, whether in electronic or hard copy, without our express prior written consent is prohibited.
(b) You must not infringe any intellectual property rights or use any part of the content on our website for any commercial purpose without getting a license or permission in writing from us. You must not use any of our trademarks or trade names without our written consent.
The Legacy Untold and other trademarks and service marks (including logos and designs) on our website are trademarks or service marks of us and/or of specified organizations and the goods or services of us and/or specified organizations. These marks may not be used without the organization’s prior written consent.
46. Links to Third Party Sites
Sometimes, our website may provide links to third party sites. The links are for information and convenience. We do not control contents of those sites and accept no responsibility for them or for loss or damage that may arise from your use of or accessing them. You agree that The Legacy Untold will have no liability arising from content, use of or any other matter or event arising from or relating to any links to or use of another website.
47. Disclaimers and Limitation of Liability
(a) CONTENTS OF OUR WEBSITE ARE PROVIDED “AS IS.” THE LEGACY UNTOLD MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY CONTENT, OR ACCESSIBILITY OF THIS WEBSITE
(b) AS EXAMPLES, THE LEGACY UNTOLD DOES NOT WARRANT THAT ACCESS WILL BE AVAILABLE ALL TIMES, OR WILL BE FREE FROM INTERRUPTION OR OTHER DISRUPTION OR THAT INFORMATION WILL BE COMPLETE, UP TO DATE OR FREE FROM TECHNICAL INACCURACIES OR TYPOGRAPHIC OR OTHER ERRORS; OR THAT THE WEBSITE OR ANY SERVER IS FREE FROM VIRUSES, TROJANS, WORMS, LOGIC BOMBS OR OTHER CONTENT OR ELEMENTS THAT ARE MALICIOUS OR HARMFUL OR FREE FROM DELAY OR FAILURE TO PERFORM WHETHER DUE TO OR CAUSED BY FACTORS WITHIN OR BEYOND OUR CONTROL.
(c) YOU AGREE THAT THE LEGACY UNTOLD SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DISCLOSURE OF PRIVATE INFORMATION; PROPERTY DAMAGE OR LOSS, OR INJURY OR DAMAGE OR FAILURE OR DELAY OF TRAVEL OR LOSS OF OR LOSS OF USE OF ANY PROPERTY OR DEVICE OR LOST REVENUE, INCOME OR PROFIT ARISING FROM YOUR USE OF THIS WEBSITE OR SERVICE, EVEN IF THERE IS NEGLIGENCE OR OTHER CULPABLE ACT OR OMISSION BY THE LEGACY UNTOLD AND EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGE. YOUR SOLE REMEDY FOR A CLAIM OF ANY KIND OR NATURE THAT THE LEGACY UNTOLD IS UNABLE TO CURE AFTER REASONABLE NOTICE FROM YOU AND OPPORTUNITY TO CURE, SHALL BE YOUR ELECTION TO NO LONGER USE THIS WEBSITE AND/OR OUR SERVICE.
(d) THE LEGACY UNTOLD SHALL NOT BE LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF TRAVEL, LOSS OF REVENUE, LOSS OF PROFIT, LOSS OF DATA, OR OTHER DAMAGE OR LOSS, ARISING OUT OF OR RELATED TO THESE TERMS, CONTENT ON THIS WEBSITE, ANY SERVICE OR PRODUCT YOU OBTAIN THROUGH USE OF THIS WEBSITE, HOWEVER CAUSED, REGARDLESS OF THEORY OF LIABILITY (BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF THE LEGACY UNTOLD WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
(e) In no event shall the total liability to you for all damages exceed $1,000 U.S. dollars. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
(f) TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ON BEHALF OF YOURSELF OR THE GROUP OR ENTITY YOU REPRESENT, YOUR PERSONAL REPRESENTATIVES, AND YOUR HEIRS, AGREE TO AND RELEASE, WAIVE, AND DISCHARGE ALL CLAIMS, ACTIONS, DEMANDS, SUITS, OR PROCEEDINGS (“CLAIMS”) AGAINST THE LEGACY UNTOLD AND OUR OWNERS, MEMBERS, MANAGERS, EMNPLOYEES AND REPRESENTATIVES, INCLUDING ANY AND ALL LIABILITY FOR INCIDENTAL, SPECIAL, INDIRECT, ACTUAL AND/OR CONSEQUENTIAL DAMAGES, COSTS, AND EXPENSES (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) OF EVERY KIND AND NATURE ARISING FROM OR IN ANY WAY RELATED TO (A) YOUR USE OF THIS WEBSITE; SERVICES OR PRODUCTS YOU OBTAIN THROUGH USE OF THIS WEBSITE; INACCURACY, UNTIMELINESS, OR INCOMPLETENESS OF ANY AND ALL CONTENT OBTAINED OR ACCESSED BY OR THROUGH THIS WEBSITE; OR USE OR EXPOSURE OR RELEASE OF INFORMATION YOU PROVIDED US THROUGH THIS WEBSITE.
48. Viruses, Hacking and Other Offences
(a) You must not misuse our website by introducing any virus, trojan horse, worm, time- bomb, logic bomb, keystroke logger, spyware, adware or other material which is malicious or harmful. You must not try to gain or actually gain unauthorized access to our website any server or other facility on which our website or its elements are stored or any server, computer, database or other facility connected to our website. You must not attack our website by a denial-of-service attack or distributed denial-of service attack or similar kind of activity.
(b) We are not liable for loss or damage caused by a distributed denial-of-service attack, virus or other harmful material that may infect your device, equipment, program, data or other proprietary material due to your use of our website or to your downloading any material posted on our website, or on any website linked to our website
49. Linking to Our Site
(a) You may link to our home page, provided you do so in a way that is legal and does not damage our reputation or make unauthorized or unlawful use of our property and/or content. Your link must not suggest or imply any association, approval or endorsement by us.
(c) If you wish to use material on our site other than stated in these terms, please address your inquiry to us at [email protected]
50. Content or Copyright Complaints
We seek to respect intellectual property of others. If you believe any content in our website may infringe your copyright or other rights, please provide our copyright agent the following information:
(i) electronic or physical signature of person authorized to act on behalf of owner of claimed copyright;
(ii) description of copyrighted work you claim is infringed;
(iii) location and description in our site where the material is located that you claim is infringing;
(iv) your name, address, phone number and e-mail address;
(v) statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or law; and
(vi) statement by you, under penalty of perjury, that the above information in your notice is accurate and you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement on our site is: DMCA Copyright Agent
The Legacy Untold Travel, LLC
208 East Broadway, # J1302
New York, NY 10002.
Email [email protected]
(a) We make no representation that any of our content is appropriate or available for use in any particular location or jurisdiction. You are responsible to comply with local laws, including laws on viewing or receipt of contents of our site and transmission of technical data exported from the USA or the state, territory or locality where you are located. WE DO NOT REPRESENT OR WARRANT THAT OUR SITE OR ANY PART OF OUR SITE IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION.
(b) Some content could be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported or accessed: (a) from any country on which the U.S. has placed an embargo or other applicable restriction, including without limitation (at June 2018), Crimea – Region of Ukraine, Cuba, Iran, North Korea, Sudan and Syria; (b) by anyone in the U.S. Treasury Department’s Specially Designated
national list, (c) to anyone on the U.S. Commerce Department’s Table of Denial Orders; or (d) from or to any other place or anyone else, in violation of a restriction established by any department of the U.S. government. You represent and warrant that you are not in, or under the control of, or a national or resident of any such country or on any such list.
53. Law and Jurisdiction
These terms and conditions and all correspondence form your agreement with The Legacy Untold. We are located in New York City, New York. These terms and conditions and all aspects of our services and relationship are entered into in New York City. These terms, our relationship, and any matters arising under or in relation to these terms will be interpreted and construed according to the internal laws of the State of New York, and without regard for principles of conflicts of laws.
54. Solving Disputes
Any dispute arising between us will be resolved exclusively by arbitration according to the Commercial Rules of Arbitration of the American Arbitration Association. The arbitration will be conducted by a single arbitrator. The arbitrator shall be a retired judge who has substantial experience in matters concerning the retail travel industry. The arbitration will take place in New York City, New York. Judgment on the award of the arbitrator may be entered in any court having jurisdiction. You and we shall each pay the costs of the arbitration. The arbitrator shall have authority to award the costs of arbitration and any reasonable attorney fees, to the prevailing party. Without in any way waiving or modifying the foregoing provision for arbitration, any litigation between us shall be brought exclusively in the appropriate federal or state courts located in or having within their territory, New York City, New York.
55. Time Limit for Claims
shall not be affected.
58. Third Party Beneficiaries
These terms are not for the benefit of any other person or entity. The terms we enter into with other persons or entities (even if the same as these terms) are not for your benefit. We do not promise you that we will or can enforce our restrictions or prohibitions or any terms, against any other person or entity. YOU ASSUME THE RISK THAT OTHER PERSONS WILL VIOLATE OUR TERMS WHICH MAY OFFEND, DAMAGE AND/OR INJURE YOU.
59. Other Provisions
If any part of these terms and conditions is unlawful, void, or unenforceable, that part will be deemed severed and will not affect the validity and enforceability of remaining provisions. The headings in these terms are only for convenience to make it easier and faster to locate particular terms. The headings are not to be used to interpret these terms. These terms are to be interpreted according to their fair meanings, and not strictly in favor of or strictly against either you or us. Waiver of any term or condition on one occasion is not a waiver as to other occasions.
61. Contact Information