Last Revised on July 15th, 2020
AGREEMENT BETWEEN YOU AND HIKE THE WAY, LLC
In the text that follows, the terms “Hike The Way”, “we”, “us” and “our” refer to Hike The Way, LLC. The term "you" refers to any person visiting hiketheway.com (“Website”), booking a reservation on the Website or booking a reservation through our customer service agents.
The Website is provided solely to assist you in gathering travel information, determining the availability of travel and related goods or services, making legitimate reservations, and for no other purposes.
USE OF THE WEBSITE
As a condition of your use of the Website, you warrant that:
- you are at least 18 years of age;
- you possess the legal authority to create a binding legal obligation;
- you will only use the Website to make legitimate reservations for you or for people from who you are legally authorized to act;
- all the information supplied by you on this Website is true, accurate, current and complete; and
- if you sign up for an account, you will keep your account information safe and accept responsibility for any use of your account by you and anyone other than you.
Through our Website we may provide you with access to third-party software and tools (“Tools”) over which we neither monitor nor have any control nor input.
Certain content, products and services available via our Website may include materials from third parties. Third-party links on this Website may direct you to third-party Websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
All contents of the Website are ©2020 Hike The Way. All rights reserved. Other logos, product and company names available on or through the Website may be the trademarks of their respective owners. Hike The Way LLC is not responsible for content on Websites operated by third parties.
We are committed to excellence in dealing with our customers so we will try to address your concerns in the case any problems arise. You agree to give us the opportunity to resolve any dispute related to the Website, our customer service agents or our products and services (“Claims”) by contacting us at (832) 426-2656. Claims related to an already completed tour should be submitted within 30 days of the tour completion date so that we may investigate them promptly. If we are unable to resolve your Claims within 30 days of your submission you may seek relief through arbitration or in small claims court, as set forth below.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have an arbitration conducted by telephone, based on written submissions, or at a location in Montgomery County, Texas.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “Hike the Way - Claims Department” at Hike The Way LLC, 5900 Balcones Dr. Ste. 8003, Austin TX 78731. If we request arbitration against you, we will give you notice at the email address or street address you have provided through the site. The AAA's rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.
Our tours can be reserved through the Website and through our customer service agents. Independently of the mechanism, a deposit (“Deposit”) at the time of the reservation is required to formalize each reservation request. The amount of the Deposit will be specified in the description of each tour. Upon payment of your Deposit, we will verify availability and will try to confirm your reservation in approximately 48 hours. If your reservation is confirmed, the remaining balance should be paid as described in the Payments section below. If there is no availability for your tour, your reservation request will be declined and your Deposit will be returned to you. You may request a personalized tour with specific services from us (“Custom Tour”). Custom Tours will be priced upon request for you in a quote (“Quote”) and may have specific terms and conditions including different payment schedule and cancellation conditions which will be reflected on the Quote. Quotes are valid for 10 business days from the date they are issued and are subject to availability.
All airline tickets are round-trip economy class and non-refundable unless stated otherwise. Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Any cancellation, itinerary change or failure to use confirmed space is subject to penalties and/or fees levied by the airline at the time of ticketing. Airfare, airline carrier and airline schedules are subject to change without notice.
AIRLINE DEVIATIONS, SEATING, UPGRADES AND FREQUENT FLYER BOOKINGS
The following are not possible within the terms of our group airline contract: specific seat assignments, seat upgrades, services deviating from the group itinerary, and bookings using frequent flyer points. If these are important to you, please sign up for the “Land Only” version of the tour. We do not record frequent flyer numbers, TSA numbers or Global Entry numbers. You must submit this information on your own to the airline or at the airport at check-in time.
Baggage is at owner’s risk. You should confirm checked and carry-on baggage specifications with the air carrier specified in the Final Travel Documents. Baggage must adhere to the airline’s specifications. Any checked baggage fees are not included in the tour price. We are not responsible for delays, damage to or loss of your belongings while in the care of the airline; those should be addressed directly with the airline.
LAND ONLY TOURS
For tours that do not include airfare (“Land Only”), you are expected to arrange your own means of transportation to the starting point and from the end point of your tour. Keep in mind that we will not be responsible for any costs or fees you incur because of itinerary or schedule changes to our tours. For this reason, we strongly recommend that you wait until 60 days before your tour to buy your airline tickets and make any related travel arrangements. Travel reservations that you make on your own are your sole responsibility.
If baggage transfer services are included in your tour, you may bring on tour one bag not to exceed 45 lbs. (20Kg) which will be transported for you between each walking stage of the tour, so that you only have to carry your day backpack while walking.
ACCOMMODATIONS AND MEALS
Accommodations are double/twin rooms with private bathrooms. A limited number of individual (single) rooms are available and are subject to a single room supplement fee specified on your tour description page. Accommodations shown on the Website and promotional materials are representative of what is available on the tours. Due to changing availability and seasonal effects, your specific accommodations will be confirmed in your Final Travel Documents. If a change becomes necessary for any reason, the accommodations substituted will be reasonably equivalent to those shown. Included meals are shown in the itinerary (B=Breakfast, L=Lunch, D=Dinner). Meals are either menu of the day, buffet or picnic.
Prices are per person and based on double occupancy, unless indicated otherwise. Tours that include airfare have airline fuel surcharges and all government taxes and fees for air travel included in the tour price. All prices are based on exchange rates, airfares, fuel prices/surcharges, and land costs at the time of booking and are therefore subject to change prior to the time of full payment. Fuel surcharges are subject to increase up to 30 days prior to departure. For group reservations, the pricing reflected on the Quote is only valid for the specified group size. If a group does not reach the size quoted, the price will be adjusted accordingly.
Unless otherwise noted, Quoted Tour prices exclude the following: travel insurance, airfare, transportation to and from the Tour, meals others than those specified in the Itinerary, sightseeing not included in the itinerary, personal expenses such as laundry, communication charges or optional activity and anything not specifically listed as included in the tour information page.
DISCOUNTS AND PROMOTIONS
Discounts and promotions may be subject to specific terms and conditions published together with them, such as a different payment schedule and/or cancellation fees. By booking at the discounted or promotional price, you agree to those specific terms.
Tour participation is not transferable and changes to airline tickets that have already been issued are not permitted at any time. You may request to remove optional services (meals, transfers) booked with your Land Only Tour for a $50/person fee, up to 30 days before your tour departure date. Room cancellations are not considered a reservation change and are subject to the regular penalties shown on our cancellation policy. You may add services to your Land Only Tour free of charge any time before your tour start date, subject to availability.
For self-guided tours, you can request to reschedule your Land Only Tour once for a later departure date during the same year (subject to availability), as long as you notify us at least 30 days before your current tour departure date.
For guided tours, you can request to reschedule your Land Only Tour once to one of the other scheduled departure dates for the same tour in the same year (subject to availability), as long as you notify us 60 days before your current tour start date.
Rescheduling requests must be submitted in writing and are not subject to a fee but are subject to availability of the new dates requested. The reservation will be rescheduled at our sole discretion and subject to your acceptance of the tour price corresponding to the new date.
Rescheduling requests outside the notification periods reflected in this section will be denied. If you wish to travel on a different tour, you will have to cancel your reservation (see Cancellation Policy for penalties) and make a reservation for a new date.
The itinerary provided represents what we have planned for the tour, but it is subject to confirmation and changes in local schedules. We commit to making our best effort so that itineraries are followed as planned. However, it is possible that traffic conditions, weather, holidays, facilities opening hours, construction or circumstances outside our control interfere with the regular schedule, causing itineraries to be modified. We reserve the right to modify the itinerary at our sole discretion and you will not be entitled to compensation for these changes. We are not responsible for costs or fees you incur due to itinerary changes caused by changes in an airline’s schedule or other elements outside our control.
FINAL TRAVEL DOCUMENTS
Final travel documents will be mailed approximately 14 days prior to departure. The documents will only be issued after your invoice has been paid in full and your Tour Participation Agreement has been signed.
RIGHT TO LIMIT SALES AND PARTICIPATION
We reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to refuse any order or reservation that you place with us. We also reserve the right to decline to accept or retain you as a participant in any of our tours if we deem, in our sole discretion, that accepting or retaining you would be detrimental to the tour. You and other people on your reservation (“Travelers”) must agree to and sign the Tour Participation Agreement at least 14 days before your tour start date; otherwise your reservations are subject to cancellation and you will not be entitled to a refund. The latest version of the Tour Participation Agreement can be found at https://hiketheway.com/legal/tour-participation-agreement
Deposits must be paid using a major credit card. The remaining balance must be satisfied in full (a) 60 days before your tour start date for guided tours or (b) 30 days before your tour start date. We reserve the right to cancel your reservation if it has not been paid in full by this due date, in which case cancellation fees will apply as per our Cancellation Policy. If you are making a reservation for a tour within (a) 60 days of the tour start date for guided tours or (b) 30 days of the tour start date for self-guided tours, you must pay the full balance at the time of reservation by cashier check. We accept cashier checks, money orders, ACH transfers and Wire Transfers. A non-refundable $30 fee will be charged for all returned payments.
Hike the Way’s cancellation policy is in effect upon your first payment toward any tour. Cancellation requests must be submitted in writing by email or certified mail and are effective on the date the email was received or mail postmark, respectively. Cancellations are subject to cancellation fees based on the date your cancellation is effective. Cancellation fees for guided and self-guided tours are shown on the respective tables below. Percentage values on the table refer to the percentage of the total price of the trip you purchased.
Cancellation fees for Guided Tours:
- More than 60 days before departure = $500/person
- Between 60 and 45 days before departure = 30%
- Between 44 and 30 days before departure = 50%
- Between 29 and 10 days before departure = 70%
- Less than 10 days before departure = 100%
Cancellation fees for self-guided tours:
- More than 30 days before departure = $99/person
- Between 29 and 20 days before departure = 40%
- Between 19 and 10 days before departure = 70%
- Less than 10 days before departure = 100%
Cancellation fees for Custom Tours are equal to those for self-guided tours above, unless specified differently on your Quote.
No shows: If you don’t show up for your first departing flight (or for Land Only tours, for your first hotel night), you will be considered to have cancelled your trip and you will forfeit all your payments. Your reservations will be cancelled and cannot be reinstated.
For air-inclusive packages, once airline tickets are issued, they are non-refundable, independently of the time when you submit the cancellation request.
We are not able to waive cancellation fees for any reason.
Cancellation by us: We reserve the right to cancel any Tour because of inadequate enrollment that makes the trip economically infeasible to operate or because of our concerns with respect to the safety, health or welfare of our travelers or staff. If we cancel a Tour, our liability is limited to a full refund of your payments to us. If a Tour in progress must be interrupted or canceled, our liability shall be strictly limited to refund of the recoverable cost of any unused portion of the Tour. If we cancel a tour, we will not be liable for additional costs or any fees that you incur from changing or cancelling related travel arrangements that you did not book through us, such as fees for changing airline tickets that you purchased on your own. For this reason, we strongly recommend that you wait until 60 days before your tour departure to buy your airline tickets and making other related travel arrangements. Travel reservations that you make on your own are your sole responsibility.
We strongly encourage you to purchase travel insurance that protects your travel investment, your belongings and most importantly you from those unforeseen circumstances that may arise before or during your trip. Because Travel Insurance plans contain time-sensitive benefits, we recommend that you purchase a plan at the time of the initial trip deposit. While we might link to travel insurance providers on the Website for your reference, Hike the Way is not an insurance broker. Be aware that there are differences between policies so read the policy carefully before purchasing to ensure everything you want is covered.
Passports and Visas: You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. You must consult the relevant Embassy or Consulate for this information before booking and departure, as requirements may change. Your name on your travel documents must match exactly the name shown on your airline tickets and reservation. U.S. citizens traveling to any destination outside of the United States will be required to present a valid U.S. passport. Passports must be valid for six (6) months after the return date of your trip. Travelers that are under 18 years old on the departure date must be accompanied by an adult. Customs and Border Patrol (CBP) in the US, and foreign border officials may require custody documents or written consent from the other parent (if one parent is traveling) or both parents if he is traveling with someone else. You are responsible for checking with CBP and the embassy of your foreign destination before traveling to see what you may need. We expressly deny any responsibility for any losses incurred if you are refused boarding onto a flight or entry into any country due to your failure to carry the correct and adequate travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.
HEALTH AND FITNESS
Our tours are active tours and require that you are in good health and good physical condition. You will be walking for several hours each day during several days, so you should discuss with your doctor to see if the tour you have chosen is appropriate for you. It is your responsibility to ensure that you meet all health entry requirements for your destination country, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
Travelers with Special Medical Conditions or Disabilities: Prior to booking you must advise us in writing of any physical, emotional, or mental condition which may require special assistance/ equipment or professional attention during the tour. If you fail to disclose any such conditions and we find out on our own, we may refuse to allow you to participate in the tour and you will not be entitled to a refund. If you have a special condition or disability, you must bring and be responsible for all necessary items related to your condition, including bringing a capable companion willing to assist you. If any such condition arises after the trip is booked, you must advise us in writing immediately. Failure to advise us shall release us from any liability related to such condition.
Our tours involve international travel to foreign countries that have different accessibility standards than those required by U.S. law. Transportation services and lodging are operated by third parties and may not be compliant with accessibility standards required by U.S. law. Facilities to accommodate travelers with special needs are lacking in the rural environments where our tours take place. For these reasons, we regret that we cannot provide individual assistance to travelers with mobility challenges or that are not completely independent on their own. Hike The Way assumes no responsibility for your inability to participate in the tour or provide any refunds for non-participation in any part of the tour.
USE OF PERSONAL INFORMATION
You agree to grant us (and any third parties with whom we may engage in joint marketing) a worldwide, royalty-free, fully paid up license to use images and video of you obtained during the tour, solely for our promotional and/or commercial purposes.
We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free. We may remove the Website for indefinite periods of time at any time, or permanently, without notice to you. We shall not be liable to you or to any third-party for any modification, change, suspension or discontinuation of the Website.
The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
You expressly agree that your use of, or inability to use, the Website is at your sole risk. Hike The Way LLC disclaims all warranties and conditions that the Website, its servers and email sent by us is free of harmful components. The information, software, and all products and services delivered to you through the Website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Carriers, hotels and other suppliers providing travel or other services as part of the tours are independent contractors and not agents or employees of Hike The Way. Therefore, Hike The Way expressly disclaims any and all liability for any personal injury, death, property damage, loss of baggage, accident, delay or irregularity, any claim for special or consequential damages, or any other loss that may be occasioned by the acts and/or omissions, whether negligent, wrongful or intentional of any such supplier including but not exclusively air carriers, hotels/motels or other lodging operators, railroad operators, bus operators, public transportation companies, sea carriers, local sightseeing companies, tour operators, tour directors and any employees thereof that are not under the direct supervision and control of Hike The Way when engaged in conveying the passenger or in carrying out the arrangements of the tour, or otherwise in connection therewith. Group administrators and tour directors also expressly disclaim any liability for the acts and/or omissions of any of the above entities or individuals not directly under their supervision or control. Be advised that the liability of carriers, hotels and accommodation providers is also limited by law, and you may want to consider purchasing Travel insurance to protect yourself against any losses of injuries suffered as a result of their acts or omissions.
Hike The Way further disclaims any liability for any damages, losses or expenses you incur due to tour cancellation, delays or schedule changes resulting from, but not limited to: travel advisories or warnings issued by the State Department or other relevant authority, defaults, overbooking of hotels or airlines, sickness, weather, strikes, quarantines, acts of terrorism, construction, war, force majeure or other such events beyond Hike The Way’s control.
Hike The Way likewise disclaims any liability for statements, actions, inactions of any intermediary agents such as group administrators, tour directors, travel agents or any other intermediary involved with the selling, promotion and operation of the Tours.
Hike the Way disclaims all liability for errors related to the information about air, hotel, car, tours and all other travel products and services on the Website, brochures and any other promotional information and documentation including, without limitation, the pricing and descriptions of the products. We reserve the right to correct any errors on our Website, brochures, promotional documentation and existing reservations at any time, without notice and at our sole discretion. Should we find a pricing error on an existing reservation of yours, you will be given the opportunity to cancel it without penalty before we update it to reflect the correct price.
In no case shall Hike The Way LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Website or any of the service or products procured through the Website, or for any other claim related in any way to your use of the Website or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content (or product) posted, transmitted, or otherwise made available via the Website or our promotional documentation, even if advised of their possibility.
If despite the limitation above, Hike the Way LLC or our respective suppliers are found liable for any loss or damage arising from the above causes, then the liability of Hike The Way LLC and/or our suppliers will in no event exceed in the aggregate the greater of (a) the fees you paid to Hike The Way in connection with the products and services or (b) One Hundred Dollars (US$100.00).
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and right to enforce the other remaining provisions.
This agreement is entered into in Houston, Texas and shall be governed by and construed in accordance with the laws of the state of Texas.