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Terms & Conditions

 

Thank you for booking and/or traveling on a Cachi Life tour with Cachi Life, Inc. (“Cachi” or “Cachi Life”). These Terms and Conditions apply to any travel products and/or services purchased from Cachi Life and govern the contractual relationship between you and Cachi Life with respect to any such travel products and/or services (hereinafter, the “Products”). All Cachi Life Peru based treks and tours are operated by Cachi Life Peru affiliates. Please read these Terms carefully as by booking any Product with Cachi Life, or by traveling on a Cachi Life tour or Product you acknowledge that you: i) have read and understand these Terms, and ii) indicate your express acceptance of and 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 and Conditions (the “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”, 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 bookings.

  1. THE BOOKING CONTRACT

A booking is confirmed and these Terms shall apply when Cachi Life, or an authorized agent acting on Cachi Life’s behalf, have received the applicable deposit and/or payment from the Client and the Client has received written confirmation from Cachi Life of such booking. The Client confirming the booking must be no less than 18 years of age and agrees to provide full, complete and accurate information as requested by Cachi Life 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 Cachi Life 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 Cachi Life 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 Cachi Life.

  1. MEDICAL CONDITIONS

You must disclose at the time of booking any medical condition that could affect your ability to participate in the Product. Cachi Life reserves the right to deny a trek booking if we feel that a medical condition may put your life or the lives of any of our trekking staff or other clients at risk on the hike. All Clients are obligated to provide requested relevant medical information to Cachi Life upon booking their tour Product. If a Client(s) has any medical conditions which may have any impact on the Client’s ability to complete activities included in the tour Product, the Client’s ability to travel to remote areas removed from medical facilities, or which may have any impact whatsoever on the Client’s ability to travel or the travel experience of others on the Product tour – that Client must return a medical clearance to participate, duly signed by a licensed, competent and practicing physician, to Cachi Life prior to or in conjunction with that Client’s final payment in respect of the applicable booking. The Client agrees to disclose all medical conditions and warrants to Cachi Life that they will disclose all relevant medical information accurately and fully. Cachi Life will maintain the information in strict confidence, in accordance with the Cachi Life Privacy Policy. Cachi Life reserves the right to request proof or further information or professional medical opinions in certain instances where it is deemed in the best interests of the Client or necessary for the safe operation of the Products. Cachi Life reserves the right to deny any Client permission to travel or participate in a Product where Cachi Life, acting reasonably, deems necessary with regard to the health and safety of the booking Client, any other Clients traveling with Cachi Life, or Cachi Life staff or representatives, and may use information provided in the Medical Form, expert opinions, and other information in formulating such decision. Cachi Life will provide a written explanation for any such decision upon request from the Client. In the event the Client has made a booking with Cachi Life and subsequently is unable to disclose any medical conditions for any reason by the deadline indicated above, Cachi Life reserves the right to treat such Client’s booking as canceled, and all applicable cancellation fees shall apply. Clients are responsible for assessing their own suitability and capability to participate in the tour Product that the Client has booked. All Clients should consult their physician regarding their fitness for travel, and adventure travel in particular. Cachi Life 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 Cachi Life. Cachi Life 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. Cachi Life will not carry pregnant women on tours. Cachi Life will not carry Clients with certain conditions, if suitable accommodation or alternate Products or services cannot be arranged. Adventure travel, as offered by Cachi Life, by its nature involves visiting remote or less developed regions, where medical facilities may not meet the standards of those found in a Client’s home country. The condition of medical facilities in the countries in which Cachi Life operates varies and Cachi Life makes no representations and gives no warranties in relation to the standard of such facilities or medical treatment in those regions.

  1. SPECIAL REQUIREMENTS

Cachi Life will endeavor to accommodate the special requests of Clients, including (without limitation) dietary and accommodation requests, but such requests do not form part of these Terms or the contract between Client and Cachi Life and Cachi Life is not liable for any failure to accommodate or fulfill such requests. Client Age Requirements: Clients aged 18 at the date of first travel are deemed to be adults. On all Products, an adult Client over the age of 18 must accompany every 2 Minor Clients (defined as Clients under the age of 18). Unless otherwise indicated in the tour description, or otherwise by Cachi Life, the minimum age for Clients traveling on tours is 8 years. Minors: All Minor Client bookings are subject to review and approval by Cachi Life. If the consent of a parent or any other person is required by applicable law, judgment, or decree for any Minor Client to travel, the accompanying adult Client is responsible for securing all such proper consent and ensuring that they and the Minor Client meet all legal requirements to travel on the applicable Family Trip and to enter into and depart from applicable countries and regions. Cachi Life will not be responsible for any fees, damages, or losses incurred as a result of any failure on the part of a Client to secure such necessary consents, permits, and approvals. Each Adult on a booking with any Minor Client is joint and severally responsible for the behavior and well being of all Minor Client(s) on such booking, and expressly accepts these Terms on their behalf, including all assumptions of risk and limitations of liability contained herein. Each Adult on a booking with any Minor Client assumes all responsibility for supervising and monitoring such Minor Client(s). Cachi Life does not provide care services for Minor Client(s) and Cachi Life and its representatives expressly disclaim any responsibility for chaperoning or controlling any Minor Client(s). 

  1. INSURANCE

CLIENT ACKNOWLEDGES THAT IS MANDATORY THAT ALL CLIENTS OBTAIN TRAVEL INSURANCE WITH A MINIMUM MEDICAL, EVACUATION, AND REPATRIATION COVERAGE OF US$200,000 covering all applicable dates of any travel with Cachi Life and this insurance must cover personal injury and emergency medical expenses. Prior to each Product tour, the Client is responsible for providing a copy of travel insurance to Cachi Life verifying that all Clients have such insurance in place and coverage as per the required amounts above. It is strongly recommended and encouraged that Client’s also extending 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. The Client acknowledges that the cost of the 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 Cachi Life Products.

  1. PRICES, SURCHARGES AND TAXES

Due to the nature of Adventure 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 booking confirmation. Tours are priced and advertised exclusive of applicable sales taxes. After a Confirmation Invoice has been issued by Cachi Life to the Client, Cachi Life will not impose surcharges on any Product(s). The price you see when you book is the confirmed price. From time-to-time, Cachi Life may offer reduced pricing on selected Product tours. The reduced pricing applies strictly to new bookings, and bookings that have already been confirmed (which for these purposes shall mean bookings in respect of which payment of at least a deposit has been received by Cachi Life) are not entitled to the reduced pricing.

  1. VALIDITY

All dates, itineraries, and prices are indicative only and the price quoted at the time of Booking shall be the applicable price, subject to the surcharges that may be levied in accordance with these Terms. Changes, revisions, or other amendments may be made to the particulars contained in any Cachi Life brochure or on the Cachi Life website before a contract is concluded, and such changes, revisions or amendments shall be incorporated herein as of the date of such amendment. 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 Cachi Life 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 for the relevant Product tour as minor changes may have been made since the confirmation of booking.

  1. DEPOSITS

Tours and Independent Tours: At the time of booking any Product a non-refundable deposit (varies based on the tour) as applicable, per person per tour is due from the Client to Cachi Life. If the booking is made 30 days or less prior to departure, full payment is due at the time of booking. The non-refundable deposit should be sent to Cachi Life or to the authorized Agent through whom the Client has booked, depending on the original form of booking. For the Educating with Cachi program, if the booking is made 60 days or less prior to departure, full payment is due at the time of booking. The Educating with Cachi program requires $1500 of payment on December 31, 2019, and full payment on April 12, 2020. Failure to make these payments is considered to be a cancellation by the Client with no refund. Each respective payment for the Educating with Cachi program is non-refundable. 

  1. CLIENT DETAILS REQUIRED FOR BOOKING

As a condition to valid confirmation of any booking with Cachi Life (including all Products and Expedition Trips), the Client must provide all necessary information as requested by Cachi Life along with their final payment. If the Client fails to provide such information prior to the day full payment is due in respect of the relevant Product, an Administrative Fee will be charged to the Client in respect of any costs payable by Cachi Life as a result of the Client’s failure to timely provide the required information. In addition, if the Client fails to supply required information for certain Product inclusions such as air tickets, permits, and other inclusions, Client shall bear all responsibility and liability for any failure to obtain or provide such inclusion due to the Client’s failure. Cachi Life also reserves the right to treat such booking as canceled and levy any cancellation fees deemed reasonable by Cachi Life, in its sole discretion, where Client has not provided full booking details as requested by Cachi Life by the relevant time. The information required from each Client will vary by tour Product purchased, and the requirements will be communicated to the Clients, or to a Cachi Life authorized agent, during the booking process. Cachi Life will not be held responsible for any fees levied on the Client as a result of inaccuracies, late, misplaced, or otherwise incomplete or ineligible information provided by the Client.

  1. FINAL PAYMENT & ACCEPTANCE OF BOOKING

Clients should refer to the confirmation invoice sent by Cachi Life and/or its authorized agent and/or their applicable confirmation email for details regarding the final payment for any Products booked. Payment of the balance of the price for any Product is due 30 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, Cachi Life may change the rate payable for the Product, or may treat the booking of such Product as canceled and shall retain the deposit and subsequent invoice payments paid on booking as a cancellation fee, at Cachi Life’s sole discretion. If a Product is booked less than 30 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. Cachi Life 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 Cachi Life. For the Educating with Cachi program, payment is due 60 days or less prior to departure. 

  1. CANCELLATION BY THE CLIENT

A Client may cancel their booking by notifying Cachi Life or their booking Agent, where applicable. The applicable cancellation fees shall be determined with reference to the date on which the request to cancel is received by Cachi Life and are expressed hereinafter as a percentage of the total price paid for the canceled Product, excluding any insurance products. Cancellation for Trek or Tour Product: Initial deposit is non-refundable (a) Cancellation received 45 days or more before departure of first Product to depart in relevant booking: 30% of the Product total shall be refunded to the Client minus deposit and our fixed fees for respective tour. Fixed fees include but are not exclusive to non-refundable permits, transportation, payment of porters, guides, or other fixed costs (b) Cancellation received 45-30 days before departure of first Product to depart in relevant booking: an amount equal to 15% of the total Product minus deposit and fixed fees shall be refunded to the Client. (c) Cancellation less than 30 days before departure of first Product to depart in relevant booking: no refund shall be payable to the Client. 

For the Educating with Cachi program, if the booking is made 60 days or less prior to departure, full payment is due at the time of booking. (a) Cancellation received 90 days or more before departure of first Product to depart in relevant booking: 30% of the Product total shall be refunded to the Client minus deposit and our fixed fees for respective tour. Fixed fees include but are not exclusive to non-refundable permits, transportation, payment of porters, guides, or other fixed costs (b) Cancellation received 75 days before departure of first Product to depart in relevant booking: an amount equal to 15% of the total Product minus deposit and fixed fees shall be refunded to the Client. (c) Cancellation less than 60 days before departure of first Product to depart in relevant booking: no refund shall be payable to the Client. 

  1. GUARANTEED DEPARTURES & CANCELLATION OF A TOUR BY CACHI LIFE

Cachi Life guarantees all scheduled Product tour departures that have been booked by a Client and that meet the minimum required for departure, shall depart as scheduled (subject to reasonable itinerary changes as contemplated elsewhere in these Terms). Brochures and other printed materials displaying tour information and departure dates are subject to change, and such dates are excluded from this guarantee. A departure shall become guaranteed once at least two Clients have confirmed booking upon it (secured, at minimum, via valid payment of a deposit). If a tour is canceled by Cachi Life before the agreed date of departure for reasons not arising from the fault or negligence of or within the reasonable control of the Client, the Client shall have the choice of:

  • (a) accepting from Cachi Life a substitute tour Product of equivalent, where such substitute is reasonably available; or
  • (b) accepting from Cachi Life a substitute tour of lower value if no tour of equivalent or superior value is reasonably available, and to recover from Cachi Life the difference in price between the price of the tour originally purchased and that of the substitute tour; 

Cachi Life is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the canceled 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. Cachi Life reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where after departure a significant element of the Product(s) as described cannot be provided, Cachi Life will make suitable alternative arrangements for the continuation of the trip Product(s). If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, Cachi Life will provide the Client a refund of unused Products or Product portions.

  1. TRAVEL DOCUMENTS

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 6 months past the last date of travel with Cachi Life), as well as all visas, permits and certificates including vaccination certificates, 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. The client agrees that they are responsible for the full amount of any loss or expense suffered or paid by Cachi Life which is a direct result of the Client’s failure to secure proper travel documentation. Cachi Life does not represent or warrant the accuracy of any information or advice given by Cachi Life regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. and Client agrees that Cachi Life is not responsible for any errors or omissions in such information.

  1. FLEXIBILITY & UNUSED SERVICES

The Client acknowledges by booking a Product and/or agreeing to travel with Cachi Life that the nature of adventure travel requires considerable flexibility and acknowledges that they will permit reasonable alterations to the Product and/or itinerary by Cachi Life. 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 Cachi Life and that Cachi Life is not liable to any Client for such changes or amendments. Cachi Life shall not be liable for or pay any discounts or refunds for missed or unused services which were missed or unused by the Client due to no fault of Cachi Life, its agents, or representatives, 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.

  1. CHANGES

Changes made by Cachi Life: Reasonable changes in the itinerary of any Product may be made where deemed necessary or advisable for operational reasons by Cachi Life, in its’ sole discretion. If Cachi Life makes a Material Change (defined as a change affecting at least one in three full tour days of the itinerary, or which materially affects the character of the Product in its entirety) to any Product, Cachi Life will inform the Client(s) booked on such Product of any Material Change as soon as reasonably possible, provided that there is sufficient time before departure to properly notify all affected Clients. If a Material Change is made more than 14 days prior to departure, the affected Client may elect to:

  • i) accept the Material Change and proceed with the amended Product;
  • ii) book another Product of equivalent or greater value, if available (Client shall be responsible for paying any difference in price between the amended Product and the Product booked in its place);
  • iii) book another Product of a lower value, if available, with a refund payable to the Client of the difference in price; or
  • iv) cancel and receive a full refund of all monies paid in respect of the land-only portion of the applicable Product minus fixed costs and non-refundalbe deposit (and for clarity, this shall not extend to additional Products booked by the same Client which are not subject to any Material Change).

The affected Client must notify Cachi Life or their travel agent of their decision within 7 days of receiving the notification of alteration, or they shall have been deemed to accept the Material Change and deemed to have agreed to the amended Product itinerary. Once a Product tour has departed, changes to such a 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 Cachi Life. The Client acknowledges that they must have reasonable financial resources to cover incidental 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 Cachi Life shall not be liable for any Client’s failure to prepare adequately for their travel and unforeseen circumstances which may arise during such travel. Cachi Life will not be liable for any indirect and or consequential losses associated with any changes to a Product’s itinerary. Changes made by the Client: Client is responsible for ensuring that information provided to Cachi Life in making their booking is accurate, up-to-date, and correct. Bookings are not transferable to other Products. Any changes to the traveling Client’s name on any Product booking are subject to Cachi Life’s approval. Any changes to a file will depend on availability and will be on a request basis and subject to Cachi Life’s approval. Any extra costs incurred for making the change will be charged to the Client along with an administrative fee. No changes are permitted to any booking within 30 days of departure of the first Product to depart under the applicable booking.

  1. CLIENT’S ACCEPTANCE OF RISK

The Client acknowledges that the nature of Product tours is adventurous and may involve a significant amount of risk to Clients’ health and/or safety. There are dangers inherent to adventure travel generally and Client acknowledges they have considered such risks to health and safety and are willing to assume it, by confirming their booking of such Product. The Client hereby assumes all such risk and does hereby release Cachi Life from all claims and causes of action arising from any losses, damages or injuries or death resulting from these risks inherent in travel, including Cachi Life travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in Product itineraries. 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. The Client acknowledges that the degree and nature of personal risk involved depends on the nature of the Product booked or the location(s) in which such Product is to operate, and that there may be a significant degree of personal risk involved in travel on the Product, particularly if such Product involves physical activities, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with under-developed infrastructure. 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 Cachi Life 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. 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. Should the Client fail to comply with the above or commit any illegal act when on the tour or, if in the opinion of Cachi Life (acting reasonably), the Client’s behavior is causing or is likely to cause danger, distress or material annoyance to others, Cachi Life may terminate that Client’s travel arrangements on any Product immediately without any liability on Cachi Life’s 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. Clients agree that they are responsible for any costs incurred by Cachi Life, Cachi Life’s suppliers or Cachi Life’s partners, as a result of damage, destruction, theft, or excess cleaning fees caused or occasioned by the Client while on 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/or a Cachi Life’s representative as soon as possible upon discovery by the Client. Client agrees to take all prudent measures in relation to their own safety while on any Cachi Life tour 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. Cachi Life, nor it’s Third Party Suppliers (as hereinafter defined) shall not be liable for any failure on the Client’s part to comply with safety instructions or recommendations of Cachi Life or its Third Party Suppliers. The Client agrees to bring any complaints regarding a Product to Cachi Life as soon as possible in order to provide Cachi Life with the opportunity to address such complaints properly. Client agrees to inform the Tour Leader or other designated Cachi Life representative at the earliest opportunity, or to Cachi Life’s Customer Service department directly. Cachi Life assumes no liability for complaints that are not properly brought to the attention of Cachi Life with sufficient notice for Cachi Life to resolve or attempt to resolve any Client complaints. Any complaint made after the completion of a Product tour must be received in writing by Cachi Life via its Agents or directly within 30 days of the end of the tour Product in question.

  1. CACHI LIFE IS NOT LIABLE FOR ITS THIRD PARTY SUPPLIERS

Cachi Life makes arrangements with accommodation providers, activity providers, airlines, cruise lines, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with the travel services and other services you purchase or which form the component parts of your product Tour. Third-Party Suppliers may also engage the services of local operators and/or sub-contractors for the provision of travel services that form part of the product Tour(s). Although Cachi Life takes all reasonable care in selecting Third Party Suppliers, Cachi Life is unable to control Third Party Suppliers and do not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. The travel services and other services provided are subject to the conditions imposed by these suppliers and their liability is limited by their tariffs, conditions of carriage, tickets, and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude the liability of the supplier. Client acknowledges that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and Cachi Life does not warrant that any Third Party Supplier is in compliance with the laws of the Client’s country of residence, or any other jurisdiction. CACHI LIFE IS NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY OTHER THAN CACHI LIFE AND ITS EMPLOYEES. For clarity, neither Cachi Life nor any carrier is liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.

  1. LIABILITY

Cachi Life is not responsible for any damages, expenses, losses, or claims which are attributable to the fault of any Client, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services that form any part of the Product(s), or a force majeure event (as herein defined). Cachi Life 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. Cachi Life 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 Cachi Life such as hotels, homestays, vessels, expedition vehicles, or any other mode of transportation. In the event that any loss, death, injury or illness is caused by the negligent acts and/or omissions of Cachi Life or of the third-party suppliers of any services which form part of the Contract then Cachi Life limits its liability, where applicable by all applicable International Conventions. Notwithstanding anything to the contrary elsewhere in these Terms, Cachi Life shall not in any circumstances be liable to Clients for any loss or anticipated loss of profit, loss of enjoyment, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature. For claims not involving personal injury, death or illness or which are not subject to the Conventions referred to above, any liability Cachi Life may incur for the negligent acts and/or omissions of its suppliers shall be limited to a maximum of the price which the Client paid for the Product, not including insurance premiums and administration charges. Where this relates to loss of and/or damage to luggage and/or other personal possessions then Cachi Life liability will not exceed $500. Cachi Life will not at any time be liable for any loss of or damage to valuables of any nature. The Client agrees that they shall be precluded from making a double recovery by making the same claims and seeking recovery against Cachi Life and its suppliers, contractors or other third parties.

  1. IMAGES AND MARKETING

The Client agrees that while participating in any Cachi Life Product, images, photos or videos may be taken by other Clients and/or Cachi Life representatives or Tour Leaders that may contain or feature the Client in part or in whole. The Client acknowledges that they consent to any such pictures being taken and agree that Client hereby grants a perpetual, royalty-free, worldwide, irrevocable license to Cachi Life, its affiliates and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to the Client or compensation payable to such Client.

  1. SEVERABILITY

In the event that any term or condition contained herein is unenforceable or void for any reason then such term or condition will be deemed severed from these Terms or amended 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.

  1. CONTRACT PARTIES & SUCCESSORS

These Terms shall endure to the benefit of and be binding upon Cachi Life and the Client and their respective heirs, legal and personal representatives, heirs, executors, estate trustees, 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.

  1. APPLICABLE LAW, BINDING ARBITRATION AGREEMENT, AND CLASS ACTION WAIVER CLAUSE

The Contract and these Terms are subject to the laws of Tennessee, USA and all Clients submit to the exclusive jurisdiction of the courts located in Tennessee, USA for the resolution of any dispute under these Terms or concerning a Product. Binding Arbitration: All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Tennessee or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in Tourism and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. Class Action Waiver: You and Cachi Life, Inc agree that each may bring claims against each other in an individual capacity only. Not as a plaintiff in a class-action lawsuit, class-wide arbitration, private attorney-general actions, and any other proceeding, where someone acts in a representative capacity are not allowed.

  1. AMENDMENTS

Cachi Life reserves the right to update or alter these Terms at any time and shall post the amended Terms on the Cachi Life website. Any such amendment shall take effect 10 days following its posting to the Cachi Life website. The latest Terms, as amended, may be accessed any time on Cachi Life’s website or will be sent to Client upon written request to Cachi Life. Clients shall be deemed to have accepted any amendments to these Terms on the date that is 10 days after their posting on the Cachi Life’s website. Cachi Life recommends that all Clients refer to the Terms prior to their travel to familiarize themselves with the most up-to-date version hereof.

 

  1. EDUCATING WITH CACHI SPECIAL PROGRAM PROFESSIONAL DEVELOPMENT

The client is solely responsible for checking with their respective school district or respective governing body. in determining what professional development credits provided will be eligible for their use. Cachi Life takes no responsibility for any credits that become ineligible for use. No refund will be given if it is determined that the client is unable to use professional development credits after participating in the tour. There is a minimum number of bookings required at 8 bookings for the trip to commence.

 

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