Trip Terms & Conditions and Binding Arbitration

TERMS & CONDITIONS AND BINDING ARBITRATION AGREEMENT    

OUR CONTRACT

By booking a trip with us you agree to these Terms & Conditions and Binding Arbitration Agreement. They contain important information so please read with care. 

PRICES

Pricing is accurate as of the time of publishing but might change from time to time. 

YOUR PERSONAL DETAILS

In order for us to confirm your booking, you must complete our Traveler Information Form within 14 days of your booking date. Failure to complete your form within this timeframe may result in cancellation of your booking. A cancellation resulting from failure to complete the Traveler Information Form is considered a cancellation by you, the traveler, and cancellation fees may apply. The Traveler Information Form requires you to provide your full name as on your passport, residential address, telephone number, email address(es), date of birth, gender as on your passport, passport information, emergency contact information, as well as medical or other conditions you have which may affect your ability to participate in a trip. Details such as physical limitations, fitness to travel, and other details will also be required in order to participate in an Atlas Obscura trip. Additional information may be required on a trip-by-trip basis.

TRIP INFORMATION

Please ensure the information that you provide to Atlas Obscura is correct. Atlas Obscura will not be responsible for omissions, errors, or inconsistencies with your travel documents or traveler information, or for any trip disruptions or changes resulting therein. 

DEPOSIT REQUIREMENTS

 

For deposit requirements trips departing prior to May 1, 2024: 

For trips booked 91 days or more before departure, a deposit of $250 per person is required to confirm your booking. This deposit becomes non-refundable seven (7) days after it is paid, or until 90 days prior to departure, whichever comes first.

For Trips booked 90 or fewer days prior to departure, the full trip price, plus any additional required or optional elements (e.g. single supplement fee, internal air costs, permits, etc.), is required to confirm your booking. All payments are subject to cancellation fees as outlined below.

For deposit requirements for trips booked on or after May 1, 2024: 

Please refer to our tour operator partner's booking conditions

PAYMENT REQUIREMENTS

Any outstanding trip-related cost must be paid no later than 90 days prior to departure.  Failing to provide full payment by this date may result in cancellation of your trip and loss of prior payments made. The cost of extra services booked later than 90 days prior to departure must be paid immediately upon booking. Failing to provide full payment for extra services immediately upon booking may result in the cancellation of those services.

CANCELLATION BY THE TRAVELER

In order to cancel your participation on the trip, you must provide Atlas Obscura with written notification of your cancellation by email to [email protected]. The date of your cancellation is the date on which Atlas Obscura receives such notification. If you cancel your participation in the trip or fail to meet deadlines as outlined in this document, the cancellation fees listed below will apply. If you fail to show up for a trip, leave a trip for any reason after it has commenced or miss any features thereon, no refunds or compensation for unused services will be made. This policy applies equally if you fail to show up for pre- or post-trip travel arrangements and/or if you miss any features thereof.

If you cancel your participation 91 or more days prior to the group arrival date, your deposit will be treated as the relevant cancellation fee, unless otherwise specified in writing by Atlas Obscura.

If you cancel your participation 46 to 90 days prior to the group arrival date, a cancellation fee of 50% of the cost of all services booked through Atlas Obscura will apply, unless otherwise specified in writing by Atlas Obscura. 

If you cancel your participation 45 or fewer days prior to the group arrival date, a cancellation fee of 100% of the cost of all services booked through Atlas Obscura will apply. 

INCLUSIONS

The price of your trip includes services as listed on the Atlas Obscura webpage. These usually include but are not necessarily limited to:

  • Accommodation and meals as listed in the itinerary
  • Transport as listed in the itinerary
  • Sightseeing, activity, and entry fees as listed in the itinerary
  • The services of a Trip Leader(s) as described in the itinerary
  • Most gratuities, including hotel, restaurant, local guides, etc.

EXCLUSIONS

The price of your trip does not include any services not explicitly listed on the Atlas Obscura webpage. These exclusions usually include but are not limited to:

  • International flights and other transport to/from the country beginning and end points of the Atlas Obscura trip itinerary
  • Individual travel insurance
  • Excess baggage charges
  • Food and beverage other than that specified in the itinerary
  • Internal flight charges not included in the Trip price (when applicable)
  • Permit charges, destination fees or other charges not included in the trip price (when applicable)
  • Single Supplement charges (when applicable)
  • Any expenses incurred in preparing for the trip such as but not limited to passport, visa or pre-trip medical fees, gear or other supplies, and insurance
  • Gratuities for Trip Leader(s)
  • All personal expenses
  • Any expenses not specifically listed in the Inclusions section

AGE 

Our trips are currently designed for travelers 18 years of age or older. There are some departures where an exception can be made for older teens. All travelers under the age of 18 must be accompanied by a legal guardian, or in lieu of a legal guardian, by an escort over the age of 18, appointed by their legal guardian. The legal guardian or their designee will be responsible for the traveler under the age of 18’s day to day care. If a legal guardian elects to designate an escort in their lieu, they will be required to complete and sign a relevant document, to delegate their authority.

HEALTH REQUIREMENTS

All participants must ensure that they are suitably fit to allow full participation in the trip without hindering the experience of other travelers. Please be prepared for very full and active days. All trips require mobility. Walking on uneven surfaces and up and down hills is common. Travelers must be able to participate in all activities under their own power and not require assistance from the Trip Leader, local staff or any traveling companions. Please contact us with questions about mobility or health concerns so we can discuss the suitability of any particular trip with you. As a general rule, wheelchairs and most walking devices (not including hiking poles) cannot be accommodated unless specifically approved in advance by Atlas Obscura.

DIETARY RESTRICTIONS & ALLERGIES

Any dietary restrictions should be conveyed to Atlas Obscura within 14 days of your booking date. It is not possible to accommodate dietary restrictions or allergies on every trip. You are solely responsible for determining whether the food/drink you consume is consistent with your dietary requirements or preferences. Atlas Obscura is not responsible for cross-contamination or instances where you are served or provided food or drink, by Atlas Obscura or others, with ingredients that do not meet your dietary preferences or restrictions.

PASSPORT AND VISAS

All travelers must have a valid passport if traveling internationally. U.S. citizens traveling in the United States must have valid government identification. Passports and identification documents must be valid at the time of the trip. For many countries, passports must be valid for at least six months after the dates of travel and/or have at least two blank pages for entry/exit stamps. Travelers are responsible for ensuring that they have all visa(s), passport, vaccinations, and other documentation with them in order to enter all countries or territories being visited on the trip and to reenter the U.S. or other place of origin. All names on documents must match the legal name on traveler’s photo identification, and travel document information must match tickets. Scans or copies of passports or other documents may be required by Atlas Obscura in order to participate in a trip. Any travel disruptions or expenses incurred as a result of missing or incorrect documentation is the responsibility of the traveler, with no refund or compensation for any disruption or missed or unused services.

TRAVEL INSURANCE

Your trip cost does not cover individual travel insurance. You are free to purchase travel insurance from anyone you wish but we recommend purchasing coverage through the travel insurance provider Yonder Travel Insurance. You can visit Yonder’s website for more details. Policies vary, but personal travel insurance generally covers trip cancellation, trip interruption, and stolen or damaged personal items.

 

CHANGE OF ITINERARY

While we endeavor to operate all trips as described, we reserve the right to change the trip itinerary, accommodations, activities, transportation, Trip Leader, or any other element of a trip either before the trip departs or during the trip itself. You acknowledge that travel requires considerable flexibility. The itinerary provided for each trip is representative of the types of activities planned, but the route, schedules, activities, accommodations, site visits, amenities, mode of transport, and any other trip elements may be altered or changed without prior notice due to health, safety, security, quality, group size, local circumstances or events, or any other concerns as deemed necessary by Atlas Obscura, in its sole discretion.

AUTHORITY ON TRIP

Our trips are run by Trip Leaders. The decision of the Trip Leader or Atlas Obscura is final on all matters with the potential to affect the safety, comfort or well-being of any person participating in the trip, the group itself or any third party. If you fail to comply with a decision made by the Trip Leader or Atlas Obscura, or interfere with the well-being or mobility of the group or are disruptive or abusive to other guests or third parties, the Trip Leader or Atlas Obscura may remove you from the trip immediately, with no right of refund or compensation, either full or partial. Should a guest be asked to leave a Trip in progress, there will be no refund of any portion of the Trip price, used or unused, nor will Atlas Obscura be responsible for any additional expenses incurred by the Participant as a result of this dismissal.  

COMPLIANCE WITH LAW

You must at all times comply with the laws and customs of the places visited on the trip. Atlas Obscura will not be liable for transgressions or violations, intentional or unintentional, of local laws or customs and the consequences that result therein. Participants are subject to all local laws, ordinances and regulations. Violations can lead to fines, imprisonment and/or deportation, among other penalties and consequences.

ACCEPTANCE OF RISK

You acknowledge that the nature of the trip is adventurous and participation involves risk of injury, sickness, or death. It is your own responsibility to acquaint yourself with relevant travel information and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel.  Both the United States Department of State and the Centers for Disease Control provide valuable, country-specific information regarding health and safety information.  See https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html/

and https://wwwnc.cdc.gov/travel/notices

RELEASE OF LIABILITY

Atlas Obscura, Inc., its employees, shareholders, officers, directors and affiliates (collectively, “Atlas Obscura”), except for the employment of certain Trip Leaders, does not own, manage or operate any person or entity which is to or does provide goods or services for your trip, including, for example, lodging facilities, transportation companies, guides or trip leaders, food service providers, equipment suppliers, entertainment venues, ground operators, etc., including, without limitation, various entities which may utilize the Atlas Obscura name. Atlas Obscura is not responsible for any negligent or willful act or failure to act of any such person or entity, nor for any act or inaction of any other third party not under its control.  In addition, I release Atlas Obscura from its own negligence and assume all risk thereof.

Without limitation Atlas Obscura is not liable for any direct, indirect, consequential, or incidental damage, injury, death, loss, accident, delay, inconvenience, or irregularity of any kind which may be occasioned by reason of any act or omission beyond its control, including, without limitation, any willful or negligent act, failure to act, or breach of contract of any third party, such as an airline, train, vessel, hotel, restaurant or food supplier, bus, taxi, van, local outfitter or guide, whether or not it uses the Atlas Obscura name, which is to, or does supply any goods or services for this trip. Atlas Obscura is not responsible for any loss, injury, death, or inconvenience due to acts of God, force majeure, or acts of government, delay or changes in schedule, overbooking or downgrading of accommodations or any defects therein, insolvency or bankruptcy of a supplier or others, default of any third party, epidemics or the threat thereof, terrorism or the threat thereof, bites or attacks by animals, insects or pests, sickness, the lack of appropriate medical care, evacuation to same, if necessary or meaningful delays in obtaining any medical assistance. In addition, medical assistance when rendered may not be comparable with that obtainable in the participant’s home. Participant assumes all such risks as well as those associated with high elevation diseases, extreme or unusual physical exertion for which participant is not prepared, risks associated with food or unpure water, weather, strikes conditions on and perils of the seas such as storms or currents, availability of any transportation mechanism or its arrival or departure timely or safely; war; quarantine; criminal activity; or any other cause beyond Atlas Obscura’s direct control.

Atlas Obscura reserves the right to change or reprice any trip, extension or expedition due to acts of insurrection, strikes, acts of God, or any other cause beyond its control. Atlas Obscura may, as it deems advisable, among other things, postpone or cancel a trip, alter or omit any part of the itinerary; substitute hotels, leaders or trip features; or change any means of conveyance without notice and without refund, with the liability for increased costs, if any, to be borne by travelers. If Atlas Obscura cancels any trip, extension, or expeditions, or portions thereof, due to acts of insurrection, strikes, acts of God or government, epidemics, acts of terrorism, third party default or insolvency or any other cause beyond its control, its sole obligation is to issue credits in the full amount of moneys paid to Atlas Obscura but only to the extent its suppliers are crediting Atlas Obscura with those moneys paid by Atlas Obscura to them.  Under no circumstances is Atlas Obscura obligated to refund the cost of any purchased travel insurance. Atlas Obscura is not required to cancel any program for any reason including without limitation, United States Department of State, Centers for Disease Control, World Health Organization or other Warnings or Advisories of any kind. There are no refunds for unused goods or services.

While traveling to Atlas Obscura destinations, disruptions and situations may occur, including, but not limited to, delay, partial or complete changes in timing or routing of itinerary, changes in trip leaders, changes in grades of or location of lodging and modes or quality of air, land, and/or sea transport. Atlas Obscura may make last-minute decisions to address changed circumstances. Atlas Obscura does not guarantee conformity with the itinerary or itineraries that have been posted or furnished to me.  Atlas Obscura reserves the right to accept or reject any person as a trip member at any time. All trip bookings are subject to acceptance by Atlas Obscura in New York, New York.

PHOTOGRAPHY, VIDEO, AND AUDIO RELEASE

Participant irrevocably grants Atlas Obscura, Inc. its owners, members, employees, agents, affiliates and licensees (collectively, “Atlas Obscura”) a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, perform, and prepare derivative works of photographs and videos which you share with Atlas Obscura (collectively, “Contributions”), in any and all media formats, whether now known or hereafter created, and through any media channels now or hereafter created, throughout the world in perpetuity for any purpose. For purposes of clarity, these photographs and videos are considered to be shared with Atlas Obscura if participant has caused Atlas Obscura to have access to them in any way, including but not limited to emailing them to Atlas Obscura, uploading or saving them in a digital folder or file to which Atlas Obscura has access (such as the album or folder provided to trip participants for sharing photos during or after the trip), or making them visible to Atlas Obscura on media platforms such as Instagram and Facebook. Participant releases and agrees to indemnify, defend and save harmless Atlas Obscura from any and all claims that participant or any third party may have now or in the future for invasion of privacy, right of publicity, copyright infringement, defamation or any other cause of action arising out of the use, exploitation, reproduction, adaptation, distribution, broadcast, performance or display of these Contributions. Participant waives any right to inspect and/or approve any works that may be created using these Contributions and further waives any claim with respect to the eventual use to which these Contributions may be applied. 

Participant grants Atlas Obscura express permission to take photographic or video records of its participants and of trips for any use, including promotional and commercial use, without compensation to trip members. Participant grants Atlas Obscura permission to use, reproduce, distribute, display, perform, and prepare derivative works of these images and voice for any purpose. 

PARTICIPANT RESPONSIBILITY

I am responsible for being in sufficiently good health to undertake my trip and for consulting with my personal physician for medical advice. I am responsible for reading and acting in accordance with all pre-departure information, including all health-related information; for bringing all equipment and clothing suggested on the trip packing list and for acting in a manner considerate of fellow group members and the communities visited. Smoking, vaping and non-prescription drug use (including but not limited to cannabis or cannabis products) are prohibited on Atlas Obscura trips. I am responsible for knowing and following all local laws and regulations as they relate to prescription and nonprescription drugs. I cannot carry or use any prescription drugs illegal in a particular country or destination. I am aware that such violations may be treated very seriously and include imprisonment as well as fines, deportation, etc. Some hotels and other facilities may have designated tobacco smoking areas. Under no circumstances can participants bring or use firearms or drones on a trip.

MEDICAL AND HEALTH ISSUES

I take full responsibility for my medical, psychological, and physical condition for the duration of my travels with Atlas Obscura. I am unaware of any medical, psychological, or physical problems that would, in any way, impair my ability to complete the trip safely or to engage in all of the activities of it, nor am I aware of any health-related condition or limitation that might impact the safety, security, or comfort of my traveling companions. Should I receive any new information regarding my health before my trip departs, I will notify Atlas Obscura and my Trip Leader. Should any health-related problems arise during my travels with Atlas Obscura, I will immediately notify the Trip Leader and take full responsibility for promptly accessing necessary and appropriate medical care. I take full responsibility for all medical costs or care I may require during or after my travels with Atlas Obscura. Atlas Obscura is not responsible for medical expenses or the quality of medical care I incur or receive during or as a result of my trip, including in the event that Atlas Obscura, its contractors, or affiliates coordinate or otherwise arrange for medical care to be provided to me. 

COVID RELEASE AND ISSUES THEREWITH AND WITH OTHER TRANSMISSIBLE DISEASES SUCH AS MONKEY POX

You are aware that while on or traveling to or from your trip, you might be exposed to COVID-19 (or some other transmissible disease) from other people, animals or objects. You assume all risk of any such contacts, including sickness, incapacity or death and agree to hold harmless Atlas Obscura from any such developments. In addition, you recognize that the U.S. Department of State as well as the Centers for Disease Control and Prevention may have warnings concerning same. See https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html/ and https://wwwnc.cdc.gov/travel/destinations/list/. Atlas Obscura currently requires that all travelers be fully vaccinated against COVID-19 by the trip departure date. Vaccination cards, including booster shot data, should be carried with you. Some countries/facilities, etc., may require their presentation to gain entry.

You accept the following risks of participating on this trip including, without limitation:

  1. All other risks associated with coronavirus (COVID-19) or other transmissible diseases, including preclusion from public or private buildings, land or areas, inconvenience, limitations and closures, preclusion from land or air travel,
  2. Risk of your travel insurance not covering COVID-19 or other transmissible disease-related claims;
  3. All risks regarding transportation problems including, without limitation, entry into or exit from any country, travel within a destination, and/or difficulties with or closure of transportation systems or the unavailability of other features or attractions within the country, state or area where the trip takes place;
  4. The likelihood that at some or all destinations or facilities and/or on cruises, motor coaches or at hotels or restaurants or Atlas Obscura or others may require you to undergo a temperature check, wear a mask while in public, observe social distancing requirements and/or produce evidence of a full vaccination (including booster shots) against COVID-19 and/or other transmissible diseases;
  5. The potential for being quarantined if you test positive for COVID-19 and/or other transmissible diseases and/or show symptoms even if you do not have COVID-19. If you test positive for COVID-19 or show symptoms, you will be required to quarantine, following CDC recommendations, and will not be able to rejoin the trip unless expressly approved by Atlas Obscura. The need to quarantine will be determined by the Atlas Obscura Trip Leader or other representative or agency of Atlas Obscura at its sole discretion,
  6. The possible requirement, from Atlas Obscura or others, that you provide a negative COVID-19 test immediately before or on or after arrival at your destination or immediately prior to re-entry into the United States; the possible requirement that you take one or several COVID-19 tests upon arrival, whether or not you are showing any COVID-19 symptoms, and/or when other travelers, Trip Leader, local staff or anyone else known to be in contact with you or the group test positive for COVID-19 or show any symptoms thereof. Failure to test when required to do so may result in quarantine and/or removal from a trip, with no refund or compensation for any disruption or unused services;
  7. Any expenses incurred, including but not limited to medical expenses, testing fees, quarantine (accommodations, meals, transportation, etc.) and evacuation/travel expenses (airline costs, change fees, etc.) as a result thereof are to be borne by you.

BAGGAGE AND PURCHASES

Baggage and personal property are at owner’s risk at all times, including when they are in hotel rooms, in transit or when entrusted to Atlas Obscura employees or independent contractors. Atlas Obscura recommends against bringing expensive jewelry, electronics, or other valuables on the trip. Atlas Obscura will not be held responsible for any theft, loss, damage, destruction or other issue with personal belongings resulting from participation on an Atlas Obscura trip, regardless of the cause of such.  All purchases are at your own risk including risks related to shipping, storage, quality and conformity with descriptions.

NON-TRIP ACTIVITIES

Non-trip activities do not form part of the trip. Any assistance given by your trip leader or local representative in arranging such activities does not render Atlas Obscura liable for mishaps thereon in any way. The contract for the provision of that activity will be between you and the activity provider.

CLAIMS & COMPLAINTS

If you have a complaint about your trip, please inform your Trip Leader or Atlas Obscura’s local representative at the time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means then any further complaint should be put in writing to us within 30 days of the end of the trip.

SEVERABILITY

In the event that any term or condition contained in these Terms & Conditions and Binding Arbitration Agreement is unenforceable or void then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.

PRIVACY POLICY

Any personal information that we collect about you may be used for any purpose associated with the safe and effective operation of a trip. The information will be disclosed to service providers as necessary in order to enable us to operate the trip. 

CONTRACTUAL CHANGES

Changes in this document can be made only in writing signed by an officer of Atlas Obscura.

LANGUAGE USED ON TRIPS

Trips are conducted solely in English.

BINDING ARBITRATION

I agree that any dispute concerning, relating or referring to this Agreement, the brochure or any other literature concerning my trip, or the trip itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§1-16, according to the then existing Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) New York law and will take place in New York City, New York. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable.  Any arbitration commenced against Atlas Obscura must be on behalf of only the signatory to this Agreement and his or her immediate family members who traveled with signatory, such as a spouse or child.  Under no circumstances can participant be part of a class or other joint action.

By agreeing to these terms and conditions, you (and we) are waiving our right to a trial by jury. 

***

These Terms & Conditions and Binding Arbitration Agreement (Agreement) shall be legally binding upon myself, and if applicable, my children or wards under the age of 18 at the time of my signing this document. It is my intention fully to assume all of the risk of travel and to release Atlas Obscura from any and all liabilities to the maximum extent permitted by law. This Agreement is applicable to any trip to which I may transfer. 

🮖 I certify that I am fully vaccinated against Covid-19 (per CDC guidelines) or will be before the trip departure date. I acknowledge that I may be required to show proof of vaccination if requested by Atlas Obscura.

Printed Name of Traveler____________________

Signature of Traveler_______________________Date_______________

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