Last Revised on October 25th, 2019
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”), or booking a reservation through us on the Website, or through our customer service agents. This 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 this 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.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website or any contact on the Website through which the service is provided, without express written permission by us.
We reserve the right to terminate your use of the Website if you incur in any of the behaviors listed in this section. If your booking account shows signs of fraud, we may cancel reservations associated with your account and close your account. If you have conducted fraudulent activity, we reserve the right to take any legal action against you and you may be liable for losses, including litigation costs and damages.
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.
Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert a Claim on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, travel suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement).
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 another mutually agreed location.
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, 2002 Timberloch Pl Suite 200; The Woodlands, TX 77380. 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.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
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. The remaining balance should be paid as described in the Payments section below.
As part of the reservation process, you must provide the name and birthday of all Travelers exactly as they appear on the form of identification they plan to use for travel. The minimum age for participation in our tours is 14 years old.
Flight reservations can be added as an airfare package to your tour. Airfare provided is quoted for travel in economy class on IATA-approved carriers. Business class reservations can be requested instead for an additional fee that will be quoted separately by us to you. Upgrades are based on availability.
Air transportation is subject to the carriers’ terms and conditions. We are not responsible for any incidents, including delays or cancellations, caused by the airline or third parties. Requests for compensation or support related to their service should be addressed to the airline directly.
Seating on flights is entirely within the control of the airline, and we not responsible for seating or changes to assigned seats. Specific seating requests are not guaranteed. Please reconfirm your seating requests directly with the carrier within 30 days of your departure. Final seat assignments will be provided upon check-in.
You may choose to make your own flight reservations and only book with us the land-only portion of the tour. However, if you choose to purchase your own flights, keep in mind that we will not be responsible for any costs you incur with the airline if you have to make changes or cancel your ticket as a consequence of tour schedule changes or cancellation of one of our tours. For this reason, we strongly recommend that you wait until after your Tour Confirmation Date to buy your airline tickets. Travel reservations that you make on your own are your sole responsibility.
Airport transfers to your tour’s departure point and from your tour’s end point are included if you book an airfare package through us together with a Guided tour. When you choose to make your own flight arrangements, you are also responsible for arranging your transportation to your tour starting point and from your tour’s end point. We are able to arrange transfers for you for a fee, quoted at the time of reservation, if you so wish.
During the tours, you may bring one bag not to exceed 45 lbs (20Kg) which will be transported for you between each stage of the tour, so that you only have to carry your day backpack while walking.
Airlines have their own baggage policy and may impose fees for checked baggage. If you exceed baggage allowances for your fare, you are responsible for any additional fees that the airline may charge you. Please check your respective airline’s contract of carriage for the sizes allowed and any other limitations they might have. We are not responsible for delays, damage or loss to your belongings while in the care of the airline; those should be addressed directly with the airline.
Accommodations shown on the Website are used regularly and are representative of what is available on the tours. Due to changing availability and seasonal effects, your specific accommodations will be confirmed before your departure (see Final Documents section). We reserve the right to substitute the accommodations shown on the Website for accommodations of similar quality as a function of availability at the time of booking. If you are traveling alone, you can request a single room at the time of booking (subject to availability) and pay the single occupancy fee surcharge.
Prices are per person and based on double occupancy. The Website will reflect the latest and most updated pricing information for a tour.
You may also inquire about a private tour, personalized for your group that may include specific services and itineraries (“Custom tour”) through the website or our customer service agents. Custom Tours will be priced upon request and sent to you by electronic means in a quote (“Quote”). Specific terms and conditions that apply to these Custom Tours will be reflected on the specific Quote. Quotes are valid for 10 business days from the date they are issued and subject to availability, unless indicated otherwise on the Quote.
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 increase prior to the time of full payment. All prices are shown in U.S. Dollars.
We reserve the right to modify the Website (or any part or content thereof) without notice at any time, including prices for our products and services. Due to the nature of air travel, prices are based on supply and demand and change often. Quotes are subject to change and based on availability. Should Hike The Way need to modify a Quote, you will be notified of such modification and allowed to either accept the new pricing or cancel your reservation without penalty. Hike The Way will not, under any circumstances, raise prices within 30 days of the tour departure date.
Discounts and Promotions
Discounts and promotions are subject to specific terms and conditions listed together with them. For example, the “Tour Confirmation Date” may be defined differently for a specific promotion which will have implications in terms of the payment due dates and fees. Specific and more restrictive cancellation policies and fees may apply as listed together with the promotion. In order to receive the discounted price, you agree to those specific terms.
Itinerary Changes on Guided Tours
We commit to making our best effort so that itineraries are followed as planned during the tour and they usually are. However, it is possible that traffic conditions, weather, holidays, facilities opening hours, construction or other circumstances outside our control interfere with the regular schedule, causing itineraries to be modified. We reserve the right to modify the itinerary as needed and you will not be entitled to compensation for these changes.
Final travel documents, including travel itineraries, hotel accommodations, and a copy of the flight itinerary (if applicable) are sent approximately 14 days prior to departure.
Most of the time, documents will be sent in electronic form but in some cases physical documents must be mailed to you. If your mailing address changes or if you want your final documents sent to a different address, you must notify us by your Tour Confirmation Date. Otherwise, you will be responsible for any additional mailing costs.
Final 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, but are not obligated, 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 limit the quantities of any products or services that we offer. All descriptions of products and prices are subject to change anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.
We reserve the right to refuse any order or reservation that you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include reservations or purchases made by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders or reservations that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Deposits are required at the time of booking and should be made effective through the Website, using any major credit card. If you have requested a Custom Tour, specific instructions on how to make your payment will be provided upon acceptance of your quote.
The remaining balance must be satisfied in full by the Tour Confirmation Date. If you are making a reservation for a tour after the Tour Confirmation Date, you must pay the full balance at the time of the reservation. Should you fail to pay the remaining balance by the required date, we reserve the right to consider your reservation cancelled, in which case cancellation fees will apply as per our cancellation and refunds policy.
You can pay the remaining balance by mail, online or over the phone. We accept major credit cards, certified checks, money orders, ACH transfers and Wire Transfers. Personal checks are also acceptable if received more than 30 days before departure. A $30 fee will be added for any check returned to us by your bank.
All checks and money orders should be made payable to Hike The Way LLC.
Cancellation and Refunds
You may choose to cancel your booking at any time. Cancellation requests must be submitted in writing (regular mail or email) and will be subject to cancellation fees. The fees owed by you depend on the date that your cancellation request is received.
The cancellation fees for guided and self-guided tours are shown on the respective tables below. Percentage values refer to a percentage of the total amount of the trip you purchased.
Cancellation fees for Guided Tours:
- Before the Tour Confirmation Date = 0% (cancel for free)
- Between the Tour Confirmation Date and 45 days before departure = 20%
- Between 44 and 30 days before departure = 40%
- Between 29 and 10 days before departure = 60%
- Less than 10 days before departure = 100%
- No show = 100%
Cancellation fees for self-guided tours:
- Before the Tour Confirmation Date = $99
- Between 29 and 20 days before departure = 40%
- Between 19 and 10 days before departure = 70%
- Less than 10 days before departure = 100%
- No show = 100%
Cancellation fees for Custom Tours will be specified in the Quote provided to you upon request. As indicated above, special promotions may have different cancellation policies that will be listed together with the promotion.
The cancellation fees will be deducted from the amount you paid us and a refund for the difference will be issued to you. Keep in mind that once airline tickets are issued, they are non-refundable, independently of the time when you submit the cancellation request. Please note that name changes and substitutions on airline tickets are not permitted.
We do not cancel tours for lack of participants but in the unlikely event that we are obliged to cancel a tour for our own reasons you will be entitled to a full refund. Refunds can take up to 3 weeks to post to your account.
Keep in mind that if you reserved a land-only tour and the tour is cancelled or rescheduled, you will not be entitled to compensation 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 after your Tour Confirmation Date to buy your airline tickets. Travel reservations that you make on your own are your sole responsibility.
We are not able to waive cancellation fees for any reason.
By purchasing or using a gift certificate or gift card (including electronic gift codes) (“Gift Certificate”) issued by Hike The Way, you agree to these terms and conditions. Gift Certificates are redeemable for eligible purchases on our Website in the amount shown on the Gift Certificate. Gift Certificates will only be redeemed on our Website directly or through our customer service agents. To redeem a Gift Certificate, you must create or have an existing and valid account to access hiketheway.com.
Title to the Gift Certificates and the risk of loss, destruction or deterioration pass to the purchaser upon purchase. Hike The Way is not responsible for any Gift Certificates that are lost, stolen, destroyed or used without your permission. IN THE EVENT A GIFT CERTIFICATE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE.
Gift Certificates may not be used in connection with any marketing, advertising or other promotional activities without Hike The Way’s prior written approval. Use of Hike The Way’s name, logo, or trademarks in connection with the purchase or use of the Gift Certificates is strictly prohibited. Furthermore, the use of Gift Certificates in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, Hike The Way is prohibited without Hike The Way’s prior written approval.
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.
While we might link to travel insurance providers on the Website for your reference, Hike the Way is not an insurance broker and does not sell travel insurance. When looking for a travel insurance policy, be aware that potential differences that can exist between policies so you should read the policy carefully before purchasing to ensure everything you want is covered.
SUPPLIER TERMS AND CONDITIONS
Additional terms and conditions will apply to your reservation and purchase of travel-related goods and services through the Website. Please read these additional terms and conditions carefully. If you have purchased airfare, please ensure you read the full terms and conditions of carriage issued by the travel supplier, which can be found on the supplier’s website. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice.
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. All names on documents must match the legal name on your photo I.D., and travel document information must match tickets. 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 6 months past the return date.
We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations. In the US, for information concerning possible dangers at destinations, we recommend contacting the Travel Warnings Section of the U.S. State Department at (202) 647-5225 or www.travel.state.gov.
Traveling with minors: Travelers that are under 18 years old on the departure date must be accompanied by an adult. Customs and Border Patrol 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.
Passport and Visa requirements: You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other 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: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. In the US, for medical information related to travel we recommend contacting the Centers for Disease Control at (877) FYI-TRIP or www.cdc.gov/travel.
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 may want to discuss with your doctor to see if the tour is appropriate for you.
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 take 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. 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 or its treatment.
While we make every effort to accommodate travelers with special needs, our tours are in Europe where the Americans with Disabilities Act is not applicable and facilities to accommodate travelers with special needs are lacking in the rural environments where our tours take place. Unfortunately, we cannot provide individual assistance to travelers with mobility challenges or that are not completely independent on their own.
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.
You acknowledge and agree that we provide access to such Tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
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.
USE OF PERSONAL INFORMATION
You agree to grant us (and 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.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
All contents of this Website are ©2019 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.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Website or on any related website, should be taken to indicate that all information in the Website or on any related website has been modified or updated.
LIMITATION OF LIABILITY
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 this 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.
The information made available on this Website may not be accurate, complete or current. The Website may include errors, including pricing errors. Hike the Way disclaims all liability for errors related to the information about air, hotel, car and all other travel products and services on the Website including, without limitation, the pricing and descriptions of the products. We reserve the right to correct any pricing errors on our Website and on reservations made for an incorrect price. 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.
You expressly agree that your use of, or inability to use, the service is at your sole risk. Hike The Way LLC disclaims all warranties and conditions that this 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 on this Website are independent contractors and not agents or employees of Hike The Way LLC. We are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from.
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, 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 to transactions carried out on this Website 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.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.