Thank you for booking and traveling on an experience with Sizije, LLC. These Terms and Conditions (the “Terms”) apply to any travel products and/or services you have booked with or purchased from Sizije and govern the contractual relationship between you and Sizije with respect to any such travel products and/or services (hereinafter, the “Products”). Please read these Terms carefully as by booking any Product with Sizije you acknowledge that you: i) have read and understand these Terms, and ii) expressly accept or agree to be bound by these Terms. If you have confirmed a booking on any Products with more than one client named and booked on such booking, you shall be deemed to have accepted these Terms on behalf of all clients named in the booking (including minors and those under a disability) and traveling on or otherwise participating in any Products (hereinafter “you”, or the “Client(s)”), and by such travel or participation all passengers indicate their assent to these Terms. The client who confirmed the booking is deemed to be the designated contact person for all other clients named in such booking. These Terms constitute the entire agreement between the Client and Sizije with respect to the subject matter thereof and supersedes all prior agreements, representations and understandings of the parties, written or oral.

 

1.THE BOOKING CONTRACT

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A booking is confirmed and these Terms shall apply when Sizije, or an authorized agent acting on Sizije behalf, have received the applicable deposit from the Client and the Client has received written confirmation from Sizije of such booking. The Client confirming the booking must be no less than 21 years of age and agrees to provide full, complete and accurate information as requested by Sizije to confirm such booking. Any Client confirming a booking on any Products with more than one Client named and booked on such booking represents and warrants to Sizije that: i) they have all requisite consents and authority to make such booking on behalf of all other Clients named on the booking, and have communicated all necessary information to the other Clients in order for them to give free and fully informed authorization to do so; ii) the information that they are providing regarding all clients is complete and accurate, and they have obtained all necessary consents and permissions to share such information with Sizije for the purposes of completing the booking; and iii) they will inform all other named Clients on the relevant booking of the applicability of these Terms to the booking and the Clients’ relationship with Sizije.

At any time before a booking is confirmed, Sizije reserves the right to increase or decrease prices of any Products. Sizije reserves the right to decline any booking, in their sole discretion.

 

 

2.  MEDICAL CONDITIONS AND SPECIAL REQUIREMENTS

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All Clients should consult their physician regarding their fitness for travel. Sizije encourages all Clients to seek their physician’s advice regarding necessary or advisable vaccinations, medical precautions, or other medical concerns regarding the entirety of the Client’s travel with Sizije. Sizije does not provide medical advice. Certain Products may not be suitable for all people due to restrictions posed by limitations in mobility, physical or cognitive disability, pregnancy or various other physical or mental conditions. It is the Client’s responsibility to assess the risks and requirements of each Product in light of such Client’s limitations, physical and mental fitness and condition, and any medical requirements or issues of such Client. Sizije may refuse to carry pregnant women over 24 weeks or Clients with certain conditions, if suitable accommodation or alternate Products or services cannot be arranged. Travel, as offered by Sizije, by its nature may involve visiting remote or less developed regions, where medical facilities may not meet the standards of those found in a Client’s home country. Sizije will endeavour to accommodate the special requests of Clients, such as dietary and accommodation requests, but such requests do not form part of these Terms or the contract between Client and Sizije and Sizije is not liable for any failure to accommodate or fulfill such requests. Traveling with Minors: Clients aged 21 at date of first travel are deemed to be adults. An adult Client over the age of 21 must accompany every two Minor Clients (defined as Clients between the ages of 18 and 21). The ratio of adult Clients to Minor Clients traveling together must be one adult Client to every two Minor Clients. Unless otherwise indicated in the tour or Product description, or otherwise by Sizije, the minimum age for Clients traveling on tours is 18 years of age. All Minor Client bookings are subject to review and approval by Sizije. Sizije reserves the right to restrict the number of Minor Clients on any given Product where it deems necessary. The adult accompanying a Minor Client must be the Minor Client’s custodial parent or legal guardian.

 

4. FINAL PAYMENT SCHEDULE/LATE PAYMENT/ACCEPTANCE OF BOOKING/CLIENT DETAILS

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(a) Final Payment: Clients should refer to the booking or other confirmation email for details regarding final payment for any Products booked. Payment of the balance of the price for any Product is due no less than 60 days before the departure date of the first Product to depart (of the Products included in such booking). If full payment is not received by such due date, Sizije may change the rate payable for the Product, or may treat the booking of such Product as cancelled and shall retain the amount paid on booking as a cancellation fee, at Sizije’ sole discretion. If a Product is booked less than 60 days before the departure date of the first Product to depart (of the Products included in such booking) then the full amount is payable at the time of booking in order for the booking to be confirmed. If, for any Product, payment terms differ from those outlined in this section, the applicable terms will be communicated to the Client prior to booking and shall also be detailed on the applicable invoice.

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(b) Late Payment: Failure to make a payment on time on the agreed upon date is a breach of contract and will result in a late fee of $30 ( if more than 10 days late ) or the cancellation of your experience. In the event of any late payment, Sizije may assign your spot to the next eligible client on the waitlist, cancel your tour entirely without a refund of your deposit or any other payments made to Sizije or its partners, charge a late fee, or to take any other actions it determines are reasonable in its sole discretion. 

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(c) Client Details: As a condition to valid confirmation of any booking with Sizije (including all Products) the Client must provide all necessary information as requested by Sizije along with their final payment. If the Client fails to provide such information prior to 60 days before the departure of the purchased Product, Sizije reserves the right to treat such booking as cancelled and levy any cancellation and administrative fees deemed reasonable by Sizije, in its sole discretion. The information required from each Client will vary by Product purchased, and the requirements will be communicated to the client during the booking process.

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(d) Credit Card Charges: Sizije is not responsible for any charges levied or charged by third parties and/or financial institutions and payable by the Client as a result of credit card or other payment transactions in connection with the purchase of Products and will not refund or return any fees charged by such third parties in connection with payments made by Clients to Sizije.

 

5. CANCELLATION BY THE CLIENT

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Any cancellation of a booking and/or a Product by a Client must be delivered to Sizije in writing and be acknowledged by Sizije in writing. Products are NON-REFUNDABLE. It is recommended that you purchase comprehensive, “cancel for any reason” trip cancellation insurance coverage. 

Sizije is not responsible for refunding any amounts paid to Sizije or its partners and vendors in connection with your booking, or any incidental expenses or consequential losses that the Client may have incurred as a result of the cancelled booking such as visa costs, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc.Clients purchasing Products are highly recommended to purchase comprehensive cancel for any reason insurance. COMPREHENSIVE CANCEL FOR ANY REASON INSURANCE MAY ONLY BE AVAILABLE TO CITIZENS OF THE UNITED STATES OF AMERICA AND CANADA.

To cancel services booked through third party vendors, please contact the applicable vendor.

 

6. CANCELLATION OF A TOUR BY SIZIJE

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Sizije may cancel discontinue or cancel a Product at any time for any reason, in its sole discretion.  When a tour is cancelled by Sizije before the agreed date of departure for reasons not arising from the negligence of or circumstances within the Client’s control, Sizije may, in its sole discretion, offer the Client:

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(i) credit toward another tour Product offered by Sizije a refund of monies paid for the discontinued or cancelled tour Product; or a combination thereof.

Sizije is not responsible for refunding any amounts paid to Sizije or its partners and vendors in connection with your booking, or any incidental expenses or consequential losses that the Client may have incurred as a result of the cancelled booking such as visas, vaccinations, non-refundable flights or rail, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. Where, after departure, a significant element of the Product(s) as described cannot be provided, Sizije will use its good faith efforts to make suitable alternative arrangements for the continuation of the trip Product(s); provided, however, Sizije will not be obligated to refund or otherwise credit the account of a Client in the event Sizije is unable to make suitable alternative arrangements or if the Client refuses any proposed alternative.

 

7. UNUSED SERVICES

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Sizije shall not offer or pay any discounts or refunds for missed or unused services which were missed or unused by the Client , which shall include any termination of the Client’s participation in the tour Product due to the Client’s own fault, negligence or breach of these Terms.

 

8. PRICES, SURCHARGES AND TAXES

Due to the nature of travel and the prices of the resources on which it depends, the published price of any Product is subject to change at any time, before or after booking confirmation, up to 30 days before the departure of such Product. After a Confirmation Invoice has been issued by Sizije to the Client, Sizije reserves the right to impose surcharges on any Product(s), but only for reasons arising from increases in transportation costs, fuel costs, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airport charges, local operator costs, currency and exchange fluctuations, increases in taxes, or government action which impacts the price of the applicable Product(s). Sizije shall provide notice to the affected Client as soon as reasonably possible upon learning of the necessity to impose a surcharge in accordance with this section. Where the increase in price is greater than 50% of the price of the applicable Product, upon receiving notification from Sizije the affected Client(s) may elect to either:

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(i) cancel the applicable Product booking without incurring any penalty; or

(ii) accept the change of price.

The Client must notify Sizije of their election within 7 days of receipt of notice of the increase, or they shall have been deemed to have accepted the price change and have accepted liability for payment of the increase.

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Notwithstanding the foregoing, Sizije shall have no responsibility for any charges, costs, fees, taxes or other surcharges or expenses payable in connection with the Product after the travel for the Product has commenced.  For clarity and the avoidance of doubt, once the Client’s tour product begins, Client and not Sizije shall be responsible for paying all such amounts regardless of whether or not such amounts are reflected in or contemplated by the confirmation invoice.  

Tours are priced and advertised exclusive of applicable sales taxes and such taxes will be advised to Client at the time of booking and itemized on subsequent invoicing.

 

9. VALIDITY

The prices of Products advertised on the Sizije website are based on costs in effect at the time of posting to the website. Sizije reserves the right to alter prices of any Product at any time prior to receipt of payment in full for such Product. All dates, itineraries and prices are indicative only and the price quoted at the time of Booking shall be the applicable price, subject to surcharges that may be levied in accordance with the above. Changes, revisions, or other amendments may be made to the particulars contained on the Sizije website before a contract is concluded, and such changes, revisions or amendments shall be incorporated herein as of the date of such amendment.

 

10. FLEXIBILITY

The Client acknowledges by booking a Product and/or agreeing to travel with Sizije that the nature of this type of travel requires considerable flexibility and acknowledges that they will permit reasonable alterations to the Product and/or itinerary by Sizije. The Client acknowledges their understanding that the route, schedules, itineraries, amenities and mode of transport may be subject to change without prior notice due to circumstances or events, which may include sickness or mechanical breakdown, incidents in the location where the Product will be operated, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances which are beyond the reasonable control of Sizije.

 

11. CHANGES

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(a) Trip details: The itinerary is a general guide to the tour and region and any mention of specific destinations is not a guarantee that they will be visited or encountered, nor does it form part of the contract between you and Sizije. Although the itinerary has been curated with care and details are provided in good faith, Sizije may make improvements that stem from weather changes, local factors, past travelers’ comments, and research, to name a few examples. As a client, you also expressly acknowledge and assume responsibility for inherent risks associated with physical activities you participate in.

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(b) Changes made by Sizije: While Sizije will endeavor to operate all Products as advertised, the Client acknowledges and agrees that Sizije may make any changes in the itinerary of any Product that it deems necessary or advisable, in its sole discretion. 

Once a Product experience has departed, changes to such Product’s itinerary may be necessary or advisable as a result of unforeseen circumstances or other reasons related to effective Product operation, health, safety, Client enjoyment, or Client comfort. Any such changes are at the discretion of Sizije and any costs incurred as a result will be the full responsibility of the Client. The Client acknowledges that he or she must have financial resources in an amount sufficient to cover all expenses on every Product on which they travel, whether or not they arise from a change in the itinerary or from the travel itself, and that Sizije shall not be liable for any such costs or expenses incurred in the course of Client’s travel, including as a result of any unforeseen circumstances which may arise during such travel. Sizije will not be liable for any losses associated with any changes to a Product’s itinerary, whether before or after departure, including any indirect or 

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(c) Other Changes: Any changes to a file will depend on availability and will be on a request basis and subject to Sizije’ approval, in its sole discretion. Any extra costs incurred for making the change will be charged to the Client along with any administrative fees charged by Sizije. 

 

13. ACCEPTANCE OF RISK; RELEASE AND LIMITATION OF LIABILITY

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The Client acknowledges that the nature of the Products, including Product tours, travel, and participation in adventurous activities may involve risk to the Client, including the Client's health or safety. The Client hereby assumes all risks associated with any Product and with the Client’s acquisition of or participation in any Product, and does hereby release Sizije from all claims and causes of action arising from any damages or injuries or death resulting from or relating to any Product or the provision of any services by Sizije and its partners and vendors in connection herewith or therewith.

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You acknowledge and agree that you understand that neither Sizije nor any of its affiliates, suppliers, vendors or partners require you to participate in any Product, but that you want to do so despite the possible dangers and risks and despite the release, waiver, discharge and covenant not to sue contained in these Terms.  With informed consent and for valuable consideration received, including assistance provided by Sizije, by booking or otherwise obtaining or paying a deposit or committing to do any of the foregoing in respect of any Product, you agree to assume and take on yourself all of the risks and responsibilities in any way arising from or associated with the Product and your participation therein, and you hereby release Sizije and all of its affiliates and their respective owners, directors, managers, officers, employees, agents and representatives, and contractors (collectively, “Releasees”), from any and all claims, demands, suits, judgments, damages, actions and liabilities of any kind and nature whatsoever, whenever occurring, whether known or unknown, contingent or fixed, at law or in equity, that you may suffer at any time arising from or in connection with any Product and your participation therein, including any injury or harm to you, your death, or damage to your property or the person or property of any others (collectively, “Released Liabilities”), and you agree to defend, indemnify and hold harmless the released from and against any and all Released Liabilities. You acknowledge and agree that you voluntarily assume all risk of personal injury or death sustained during any Product, tour, travel, and your participation therein.  You recognize that this release means that you are giving up, among other things, all rights to sue Releases for any injuries, damages or losses that you may incur, and you understand that this release is binding on your heirs, executors, administrators, legal representatives and assigns, as well as yourself.  You also acknowledge and agree that you have adequate medical or health insurance to cover any medical assistance you may require, in any jurisdiction in the world. You hereby affirm that you are personally responsible for all costs associated with medical treatment, vehicular damage, or property damage that you may incur or cause.   YOU REPRESENT AND WARRANT THAT YOU HAVE BEEN FULLY ADVISED OF RIGHTS THAT YOU MAY HAVE UNDER ANY STATUTE OR COMMON LAW LIMITING THE RELEASE OF CLAIMS THAT YOU MAY NOT KNOW OR SUSPECT TO EXIST IN FAVOR OF SIZIJE AT THE TIME OF BOOKING (I.E., THE EFFECTIVE TIME OF THESE TERMS), IN ANY STATE OR OTHER JURISIDICTION AND YOU UNDERSTAND THE IMPLICATION THEREOF, AND YOU EXPRESSLY WAIVE THE BENEFITS OF ANY SUCH STATUTE OR PROVISION OF COMMON LAW AND ANY RIGHTS THAT YOU, YOUR AFFILIATES OR YOUR FAMILY MEMBERS MAY HAVE THEREUNDER THAT ARISE FROM ANY EVENT, MATTER, CAUSE, THING, ACT, OMISSION OR CONDUCT OCCURRING OR EXISTING AT ANY TIME. YOU ACKNOWLEDGE AND AGREE YOU HAVE READ THIS ENTIRE SECTION AND THE RELEASE AND COVENANT NOT TO SUE CONTAINED HEREIN AND THAT YOU HEREBY AGREE TO BE BOUND BY THE PROVISIONS HEREOF.  

To the extent of any conflict between this section and any other provision of these Terms or any other document or instrument executed by you in connection with any Product or other Sizije offering, the terms of this section will control. Sizije shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for Sizije' failure to commence, perform and/or complete any duty owed to the Client for any reason, including, without limitation, if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by an Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbances, howsoever and wheresoever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of Sizije, in the event of Sizije’ bankruptcy, insolvency, or cessation of business; or an event which Sizije or the supplier of services, even with all due care, could not foresee. In no event will the liability of Sizije or any of the other Releases exceed the amount paid by the Client in connection with booking the Product to which these Terms relate.  

Accommodation, transportation, activities and excursions, and other components of Sizije’ Products will be arranged by Sizije with suppliers local to the region where the Product operates, who may themselves engage the services of local operators and/or subcontractors. Standards of hygiene, accommodation and transport in some countries where Product tours take place are often lower than comparable standards than what the Client may reasonably expect in their home country or region. Sizije at all times endeavors to appoint reputable and competent local suppliers and to comply with all applicable laws and regulations concerning health and safety in the regions where Product tours operate. The terms and conditions of all suppliers of Product components will be applicable to the Product component provided by such supplier and are expressly incorporated into these Terms. These may limit or exclude liability of the supplier. The liability of Sizije will not exceed that of any supplier of any Product component. The components that make up each Product tour shall be regarded as having been satisfactorily performed and delivered solely in reference to the regulations and laws concerning health and safety in the applicable jurisdiction where such component is operated.

 

14. AUTHORITY ON TOUR & CLIENT RESPONSIBILITY

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At all times the decision of Sizije and its designated representatives will be final on all matters regarding safety and well being of Clients and operational requirements of the Product tour. The Client must at all times strictly comply with all applicable laws and regulations of all countries and regions visited on the applicable Product tour. If the Client is affected by any condition, medical or otherwise, that might affect Client’s ability to travel or participate in adventure travel activities, Client’s enjoyment of the Product tour being booked, the ability to travel or enjoyment of any other Clients on the Product tour, or the treatment to be administered to the Client in any emergency situation, the Client must advise Sizije at the time of booking and complete any documents and provide any information reasonably requested by Sizije to ensure the health and safety of all Clients who travel with Sizije. Should the Client fail to comply with the above or commit any illegal act when on the Product tour or, if in Sizije’ sole discretion, the Client’s behavior is causing or is likely to cause danger, distress or material annoyance to others, Sizije may terminate that Client’s travel arrangements on any Product immediately without any liability on Sizije’ part and the Client will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements, including, without limitation, return travel, accommodations, meals, and/or incidentals, or for any other losses including indirect or consequential damages.Clients agree that they are responsible for indemnifying, holding harmless, and defending Sizije and its affiliates, its suppliers, vendors and partners from and against any costs and other liabilities incurred by Sizije, Sizije’ suppliers or Sizije’ partners, as a result of Client’s actions in connection with any tour, travel or other products, including without limitation any damage, destruction, theft, or excess cleaning fees related to Client’s accommodation, transport, or other use of facilities while on the Product tour. Clients agree to immediately report any pre-existing damage of this kind to staff of the accommodation, transportation service, or facility (as appropriate) and to a Sizije’ representative as soon as possible upon discovery by the client agrees to take all prudent measures in relation to their own safety while on any Sizije tour or Product, including, but not limited to, the proper use of safety devices such as seat belts, harnesses, and helmets, and obeying all posted signs and warnings in relation to Client health and safety. Sizije shall not be liable for any act or failure to act by Client during the course of or in connection with any tour, travel or Product, including, without limitation any damage, injury or death to or of any other person or property and any damage, injury or death to or of Client.

 

15. TRAVEL DOCUMENTS

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(a) Valid Passport: The Client is entirely responsible for securing and must be in possession at all times while on a Product tour of a valid passport required for entry, departure and travel to each country or region visited or traveled through throughout the itinerary of the applicable Product tour, and for re-entry to the Client’s country of residence or departure (passport must be valid at least six months past the last date of travel with Sizije), as well as all visas, permits and certificates including vaccination certificates and insurance policies, required for entry into all regions and participation in all parts of the Product tour itinerary. The Client accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the Product tour, and is solely responsible for any adverse consequences resulting from missing or defective documentation. Client agrees that they are responsible for the full amount of any loss or expense suffered or paid by Sizije or any of its third party suppliers which are a direct result of the Client’s failure to secure proper travel documentation. Any information or advice given by Sizije regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the Client, and Sizije is not responsible for any errors or omissions in the information provided, or in the information provided to Clients by third parties such as government or travel authorities.

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(b) Documents: Please note that all travel documents for Products such as vouchers, itineraries and invoices will be sent electronically and via email to the email address provided on booking. Sizije reserves the right to impose an administration fee on those Clients who wish to receive their travel documents by other means.

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(c) Trip Details: The Client acknowledges that due to the changing nature of travel, they are responsible for keeping up to date on the details of their travel on the Sizije website, including, but not limited to checking the website at least 72 hours prior to departure to ensure the Client has the most current Trip Details as minor changes may have been made since the tour documents were originally provided by Sizije.

 

17. INSURANCE

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CLIENT ACKNOWLEDGES THAT IT IS MANDATORY THAT ALL CLIENTS OBTAIN TRAVEL INSURANCE WITH A MINIMUM MEDICAL, EVACUATION, AND REPATRIATION COVERAGE OF US $100,000 covering all applicable dates of any travel with Sizije and this insurance must cover personal injury and emergency medical expenses. Thirty days before the departure of each Product tour, Sizije will verify that all Clients have such insurance in place and coverage as per the required amounts above. It is strongly recommended and encouraged that Clients also extend their coverage to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client. Sizije shall have no liability for loss, theft of or damage to baggage or personal effects of Clients while participating in a Product tour. Clients should not leave personal belongings unattended in any public areas, on board any mode of transportation, or elsewhere, and are responsible at all times for their own effects and belongings. Sizije cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by Sizije such as hotels, homestays, vessels, expedition vehicles, or any other mode of transportation. Client acknowledges that the cost of the Product tour does not include any insurance coverage for such Client, and that the Client is required to obtain separate coverage at an additional cost to the Product tour price. When obtaining travel insurance the Client must ensure the insurer is aware of the type of travel to be undertaken so that the insurer may properly cover travel on the applicable Sizije Product.

 

 

20. CLIENT RESPONSIBILITY

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The Client acknowledges that depending on the nature of the Product booked, or the location(s) in which such Product is to operate, there may be a significant degree of personal risk involved in travel on the Product. There are dangers inherent to adventure travel generally and Client acknowledges they have considered such risk to health and safety and are willing to assume it, by confirming their booking of such Product. The Client acknowledges she or he has considered the potential risks, dangers and challenges in light of their own personal capabilities and needs, and expressly assumes the risks attendant to travel under such conditions. The Client acknowledges and agrees that Sizije is not responsible for providing information or guidance to the Client with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where Products are operated, and Sizije strongly encourages that Clients locate or make contact with his/her local embassy or consulate in each destination prior to departure on any Sizije Product.

 

21. EXTRAS AND EXCLUSIONS

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Please refer to each Product’s description to confirm the services and amenities included with each Product.  The following are excluded from all tours: airfare, visa and passport charges, travel insurance, airport departure taxes, excess baggage charges, gratuities, personal expenses, and all other services specified as optional or not included, or which are not expressly included in the description of the particular Product.  Extras (which for the purposes of this section means any activity, transportation, meals, or any other product or service not expressly included in the Product description or itinerary, or in the price of the Product) do not form part of the tour or Product. Client agrees that any assistance given by Sizije or other Sizije representative in arranging, selecting, or booking any Extras is purely at the request of the Client, and Sizije makes no warranties regarding such information and expressly disclaims any liability whatsoever arising from any Extras or participation thereon by any Client, or any information provided by Sizije or any Sizije representative regarding any Extras. Accordingly, the Client hereby releases Sizije from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to Extras.

 

 

 

24. SEVERABILITY

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In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from these Terms or amended accordingly only to such extent necessary to allow all remaining terms and conditions hereof to survive and continue as binding. If any provision of these Terms is found to be so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision.

 

25. CONTRACT PARTIES, SUCCESSORS AND ASSIGNS

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These Terms shall inure to the benefit of and be binding upon Sizije and the Client and their respective heirs, legal personal representatives, successors and assigns, as well as anyone named in any booking made by the booking Client on whose behalf the Client is purchasing any Product. 

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26. APPLICABLE LAW

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The Contract and these Terms are subject to the laws of Michigan, without regard to any conflicts of law principles.  All Clients submit to the exclusive jurisdiction of the state and federal courts located in Grand Rapids, Michigan for the resolution of any dispute under these Terms or concerning a Product.  All online reservations shall be deemed as booked in the State of Michigan.

 

 

27. PRIVACY POLICY

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Sizije’ website(s) uses tracking cookies in order to enhance user and booking experience. Your use of Sizije’ website(s) indicates your assent to such use in accordance with Sizije’ Privacy Policy. In addition, Sizije must collect personal information from Clients in order to give effect to any booking, to deliver the Products and any collateral services and to assist in evaluating such Products. Sizije takes care to safeguard all Client information and protect the privacy of all of our Clients. Sizije collects, uses and discloses only that information reasonably required to enable us to provide the particular Product or service that you have requested, to maintain our customer/visitor lists and/or to respond to your inquiries or feedback and for other purposes further described in Sizije’ Privacy Policy and is expressly incorporated into these Terms. In particular, Sizije may share your information, as necessary, with our third-party suppliers and operators who deliver services or component parts of a Product to Clients, in order to enable them to provide such products and services. All such third parties are bound by confidentiality obligations and shall treat all information received from Sizije in accordance with our Privacy Policy. By submitting any personal information to Sizije, Clients indicate their acceptance of the terms of Sizije’ Privacy Policy.

 

 

29. IMAGES AND MARKETING

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The Client agrees that while participating in any Sizije Product images, photos or videos may be taken by other Clients or Sizije representatives that may contain or feature the Client in part or in whole. You hereby consent to any such pictures being taken and hereby grant a perpetual, royalty-free, worldwide, irrevocable license to Sizije, its affiliates and assigns, to reproduce for any purpose whatsoever (including marketing and promotions), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to the Client or compensation payable to such Client.

 

30. REFUSAL OF SERVICE

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Sizije may refuse service to any Client at any time, for any reason whatsoever, in its sole discretion.

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31. AMENDMENTS

Sizije reserves the right to update and/or alter these Terms at any time, and shall post the amended Terms on the Sizije website. Any such amendment shall take effect immediately upon its posting to the Sizije website. The latest Terms, as amended, may be accessed any time on Sizije’ website. You shall be deemed to have accepted any amendments to these Terms immediately upon their posting on the Sizije website.  If at any time you do not accept these Terms or any amendment, modification, or supplement of the then-current Terms, you may notify Sizije in writing of your rejection of such Terms. Upon such notification, your booking will be cancelled immediately and neither you nor your party will be permitted to travel with or otherwise participate on the tour or other Product you or your party initially booked. You will not be entitled to any refund in respect of any deposit or fees paid toward such trip, tour or other Product and Sizije may charge you and your party cancellation and administrative fees as it determines in its sole discretion are necessary or appropriate.  Sizije recommends that all Clients refer to the Terms available on Sizije’s website.