These terms and conditions constitute the entire understanding and agreement between you as a trip participant (“you” or “your”), and Active Odysseys LLC (“Active Odysseys”, “we”, “us”, or “our”) with respect to any and all bookings, trips or transactions made with Active Odysseys. By submitting a Booking Order (defined below), you accept all of the terms and conditions outlined here which, together with your Booking Order form your “Agreement” with us and you direct us to perform the services contained in your Booking Order on your behalf. 

READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE SUBMITTING YOUR BOOKING ORDER. YOUR ATTENTION IS ESPECIALLY DIRECTED TO SECTIONS 3 (CANCELLATION), 6 (RISKS, SAFETY), 10 (LIMITATION OF LIABILITY), AND 12.1 (BINDING ARBITRATION). IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT SUBMIT A BOOKING ORDER.

1.    YOUR TRIP

1.1. Booking Order. Your trip will consist of any features or events that are explicitly listed on our website (each, a “Trip”). To register for a Trip, you must complete the relevant application for the Trip (“Booking Order”) and pay the non-refundable Deposit (defined below).

1.2. Rejected Booking Orders. Submission of a Booking Order does not guarantee your reservation on a Trip. Active Odysseys reserves the right to reject a submitted Booking Order for any reason including, but not limited to, due to lack of remaining spaces available on a particular Trip. In the event that any payments have been made for a Booking Order rejected by Active Odysseys, we will give you a full refund of any amounts received by us, including your Deposit.

1.3. Pricing Changes. All prices quoted are in U.S. dollars (USD). Prices include all taxes and are based on current market value and exchange rates at the time we publish the pricing for particular a Trip on our website. However, prices are subject to change, with or without notice, prior to your submitting your Deposit.

1.4. What’s Not Included on Your Trip. All items not specifically listed under the “What’s Included” section of the Trip description on our website are not included in your Trip price. In particular, airfare or other travel costs to or from your destination are not included in any Active Odysseys Trips.

1.5. Itinerary Modifications. We will use reasonable efforts to ensure your Trip runs smoothly and according to Trip itinerary posted on our website and specified in your Booking Order. However, travel is complex, and we reserve the right to modify your Trip as we deem necessary to keep everything running smoothly. The Trip itinerary outlined on our website is representative of the types of accommodations, transport and activities planned, but the actual itinerary, including routes, schedules, amenities, modes of transport, and other items, may still be subject to alteration or substitution without prior notice due to circumstances on the ground or upon recommendation of our Suppliers (defined below). In these cases, we will make every reasonable effort to ensure the changes result in an equivalent or better experience for you. We will not be held liable for any loss or damage incurred by you related to these modifications.

1.6. Guests Permitted on a Trip. Only guests who have registered by submitting a Booking Order and who have paid in full for a Trip are permitted to join a Trip. If you include or invite an unregistered person on any of your Trip’s activities or services that we have arranged, including but not limited to sharing a hotel room booked by us with an unregistered person, you will be cancelled from the Trip without refund and denied registration on any future Trips.

2.    PAYMENT

2.1. Deposit. Following our receipt of your completed Booking Order, we will send you a quote and invoice for (a) a deposit for the Trip that was specified in your Booking Order and (b)where applicable, your race entry fee (together, the “Deposit”). Your Deposit is always non-refundable, except as explicitly stated in this Agreement. You will have forty-eight (48) hours from your receipt of the payment link from us to pay your Deposit, otherwise we will reject your Booking Order and you will not have a reservation for the Trip.

2.2. Payment in Full; Late Fee. Your full and final payment is due no later than one hundred and twenty (120) days prior to the first day of your Trip, as specified in your Booking Order (“Full Payment Deadline”). If you have not paid in full by the Full Payment Deadline, (a) you will incur a $50 late payment fee, and (b) if your payment in full including the $50 late fee remain unpaid for five (5) days after your Full Payment Deadline, your Booking Order will be cancelled in accordance with Section 3 (Cancellation) below.

2.3. Accepted Methods of Payments. Active Odysseys accepts various methods of payments including online payment, bank transfer, and credit card. Payments shall be made to us using one of the methods outlined in your invoices. Any payments made through one of our third-party payment processors will be subject to such third-party’s terms and conditions.

3.    CANCELLATION

3.1. Cancellation Notice. If you elect to cancel your Booking Order for any reason, you must notify us in writing (email is acceptable) as soon as you decide to cancel. Space on all Trips is limited, so we ask that you be respectful of guests who may be waiting for a space to open up on the Trip.

3.2. Cancellation Penalties. Please note the following cancellation penalties. This Section 3.2 shall apply to any cancelled Booking Order, regardless of your reason for cancelling (including by way of example, if the race for which you are registered is cancelled by the race organizers), or if we have to cancel your Booking Order for any reason outlined in this Agreement, including but not limited to your failure to make your full payment as specified in Section 2.2 above.

3.2.1. Your Deposit is always non-refundable, regardless of when we receive your cancellation, except as specifically stated in this Agreement.

3.2.2. For any cancellation received by us on or before the Full Payment Deadline, we will refund fifty percent (50%) of any payment received prior to your notice of cancellation, less the non-refundable Deposit.

3.2.3. No refund will be provided for any cancellation received after the Full Payment Deadline.

3.3. Payment Disputes. By submitting the Booking Order, you acknowledge that you have read and understand the cancellation provisions in this Section 3. Should you try to dispute these penalties with Active Odysseys, your payment provider, or our payment processor, we may in our sole discretion refuse to honor any pending and future Trips for you or any guests associated with your Booking Order. 

3.4. Effects of Cancellation. Regardless of your reason for cancelling, or if we cancel your Trip, and regardless of when your Booking Order is cancelled, you will forfeit all accommodations and activities booked or organized by Active Odysseys, including but not limited to your race entry.

4.    FORCE MAJEURE

Certain unexpected circumstances may arise prior to or during a Trip, such as, but not limited to, weather events, pandemics, quarantines, border closures, acts of governments or authorities, wars, hostilities, political uprisings or civil disturbances, riots, strikes, terrorist activities or the threat of terrorist activities, criminal acts committed by third parties, defects of vehicles or breakdown in equipment, or an Act of God, that are beyond our control, which force a cancellation or disruption of services (each, a “Force Majeure Event”). Active Odysseys will not be held responsible or liable in any way for delay or failure to perform its obligations directly or indirectly caused by such Force Majeure Events, including but not limited to death, bodily injury, illness, damage, delay, or other losses caused by such Force Majeure Event. We shall not be liable for any losses or costs incurred by you related to a Force Majeure Event. If we cancel, modify, or reschedule your Trip due to a Force Majeure Event, Section 3 (Cancellation) shall apply.

5.     TRAVEL REQUIREMENTS

5.1. Passports; Destination Requirements. It is your responsibility to determine the passport, visa, identification, vaccination, and entry requirements that apply to you for your destination. Requirements are subject to change, often without notice, and we suggest that you verify requirements with the relevant embassy or consulate. It is your responsibility to understand and comply with all entry requirements to your Trip destination, including acquiring and carrying the proper travel documents, paying any applicable entry and exit fees and receiving any required vaccinations and inoculations. We will not be held responsible for any trip interruptions, cancellations, or costs incurred by failure to comply with the requirements of your destination.

5.2. Travel Insurance. Personal travel insurance is not included in any Active Odysseys Trip or related prices. We strongly advise that you purchase comprehensive travel insurance from a reputable third party. Comprehensive travel insurance should cover trip interruption and cancellation, baggage, medical, accident/life, evacuation, repatriation, and other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to you while on your Trip or traveling to or from your destination. Purchase of comprehensive travel insurance is not required in order to purchase a Trip from us.

6.     RISKS; SAFETY  

6.1. Risks. You acknowledge that travel may involve risk to your health and safety, including but not limited to personal injury, disease or illness (e.g. COVID-19 or any other disease resulting from the SARS-CoV-2 virus), the risks and dangers of travel by plane, boat, train, coach, automobile, or other means of transportation, forces of nature, political unrest, acts of lawlessness and terrorism and accident or illness in places or remote regions without means of rapid evacuation or availability of medical facilities. You acknowledge that there is an additional degree of personal risk involved in participating in running events.

6.2. Safety. In our sole discretion, we may refuse to provide you or may remove you from any Trip activities or events, or may cancel your Trip entirely if we reasonably believe that you (a) are dangerous to others or to yourself, (b) have engaged in, are engaged in, or are threatening to engage in behavior that may adversely affect the safety, security, comfort, enjoyment, or well-being of other Trip guests, Suppliers or Active Odysseys’ Representatives (defined below), including, but not limited to, behavior that is disruptive, verbally abusive, physically abusive, obnoxious, harassing, discriminatory, or obscene, (c) have violated or are threatening to violate applicable laws or regulations, or (d) have failed or refused to follow, or are failing or refusing to follow our rules and procedures or the instructions of Active Odysseys or our Suppliers or Representatives.

6.3. Release of Claims. You hereby expressly assume all of the risks and dangers associated with your Trip, and you hereby expressly agree to forever release, discharge, and hold harmless Active Odysseys and our agents, employees, officers, directors, associates, guides, Suppliers and subcontractors, and our successors and assigns (our “Representatives”) against any and all liability, damages, losses, actions, causes of actions, suits, claims, and demands of any and every kind and nature whatsoever which you now have or which may hereafter arise out of or in connection with these risks and dangers. Your cancellation from the Trip or any portion thereof pursuant to this Section 6.3 shall be without liability of Active Odysseys and shall be subject to Section 3 (Cancellation). We will not be responsible for any expenses for lodging, medical care, meals, transportation, or any other expenses incurred by you. Active Odysseys shall be entitled to recover from you any costs or expenses we or our Representatives incur due to your removal or our exercise or enforcement of this Section 6.3. You understand and agree that you are responsible for taking care of your own personal belongings during the Trip and, to the maximum extent permitted by law, Active Odysseys is not responsible for any personal item or property that is lost, damaged or stolen during the Trip.

7.    INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ACTIVE ODYSSEYS AND ITS REPRESENTATIVES FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR PARTICIPATION IN ANY TRIP, OR YOUR VIOLATION OR BREACH OF ANY PROVISION OF THIS AGREEMENT.

8.    SUPPLIERS

8.1. Our Use of Suppliers. We make arrangements with independently contracted hotels and other accommodation providers, restaurants, transportation companies, tour and local guides, activity providers, race organizers and other independent third parties (each, a "Supplier") to provide services and/or activities on a Trip. Such Suppliers may also engage the services of local operators and sub-contractors.

8.2. Supplier Liability. We take reasonable care in selecting competent, reliable, and qualified Suppliers based on information that is reasonably available to us. That said, we act only as an intermediary for these Suppliers and do not and cannot control the quality of their services. You acknowledge that you are aware and clearly understand that these Suppliers are independent contractors, are not managed by Active Odysseys, and are not our agents or employees. In the event of an injury, damage to property, delay or any other loss, costs or expenses, compensation must be sought from the Supplier directly, not from us. You understand further that each of these Suppliers is subject to the laws of the state or country in which the goods or services are provided. The liability of Suppliers may be limited by their tariffs, conditions of carriage, tickets and vouchers, and international conventions and agreements.

9.    WARRANTY

9.1. Warranty by You. By submitting a Booking Order, you warrant that (a) you are at least 18 years of age and have the legal authority to create a binding legal obligation, (b) you accept and agree to all the terms of this Agreement, and (c) all information supplied by you for the purposes of booking your Trip is true, accurate, current, and complete to the best of your knowledge.

9.2. Warranty Disclaimer. ALL TRIPS ARE PROVIDED "AS IS", WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NON-INFRINGEMENT. Active Odysseys makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any Suppliers or the goods or services they provide.

10. LIMITATION OF LIABILITY

10.1. DISCLAIMER OF LIABILITY. SUBJECT TO SECTION 10.3 BELOW, ACTIVE ODYSSEYS SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES (A) FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE (EXCEPT TO THE EXTENT CAUSED BY ACTIVE ODYSSEYS’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT), (B) CAUSED BY OR RELATED TO ANY SUPPLIER OR THE ACTS OR OMMISSIONS THEREOF. In no event shall Active Odysseys or its Representatives be liable to you for any special, consequential, indirect, incidental, punitive, or other damages arising out of or in any way connected to this Agreement, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if we have been advised of the possibility of such damages. You expressly waive any right you may have to recover such damages.

10.2. Limitation of Liability. Subject to Section 10.3 below, you agree that Active Odysseys’ maximum liability to you, for any reason or cause whatsoever, shall not exceed the amount actually received by Active Odysseys for your Booking Order.

10.3. EXCLUSIONS. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING ACTIVE ODYSSEYS' LIABILITY FOR ACTIVE ODYSSEYS’ FRAUD OR FRAUDULENT MISREPRESENTATION OR ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITY.

11.  IMAGES AND MARKETING

By entering into this Agreement or participating in a Trip, you grant us, our Representatives, and our Suppliers the unlimited, worldwide, perpetual and irrevocable right and unrestricted permission to use, create, publish, film photograph, edit, reproduce, distribute, and disseminate your name, likeness, image, voice, and/or appearance in any photos, video recordings, audiotapes, digital images, and the like, taken by us or made on our behalf. You agree that we have complete ownership of such materials and can use said materials for any legitimate purpose, as solely determined by us, and in any medium we so choose. This includes but is not limited to our use of such materials online (including on our website) or in print, photo or video marketing materials, advertisements, and publications. You acknowledge and agree that you will not be entitled to any compensation in connection with our use of any such materials.

12.   MISCELLANEOUS TERMS

12.1. Privacy. By using our website, submitting a Booking Order, or submitting any personal information to us, you indicate your acceptance of our Privacy Policy found at www.activeodysseys.com/privacy-policy.

12.2. Binding Arbitration; Governing Law. In the unlikely event of a dispute arising out of, in connection with, or relating to this Agreement and/or the transactions and relationships among the parties contemplated by this Agreement, you agree that the dispute shall be submitted to a neutral third-party mediator in Massachusetts, with both parties dividing equally the costs of such mediator. If the dispute cannot be resolved through mediation, then (a) the dispute shall be filed and resolved exclusively by binding arbitration through the American Arbitration Association in Massachusetts; (b) the dispute will be governed by Massachusetts law, without regard to its conflict of law principles; and (c) any arbitration award shall be binding and judgment upon the arbitrator’s award may be entered or enforced in any court of competent jurisdiction.

12.3. Acknowledgment of Arbitration. YOU UNDERSTAND THAT THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE. YOU UNDERSTAND THAT BY SUBMITTING YOUR BOOKING ORDER, YOU WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE THAT IS GOVERNED BY THE THIS AGREEMENT TO ARBITRATE, AND THEREFORE YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY. INSTEAD, YOU HAVE AGREED TO SUBMIT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT TO AN IMPARTIAL ARBITRATOR OR ARBITRATORS IN ACCORDANCE WITH THE ARBITRATION PROCEDURES SET FORTH IN THIS AGREEMENT.

12.4. Severability; Successors and Assigns. If any provision of this Agreement shall be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the Agreement unenforceable or invalid as a whole. Such unenforceable provision will be replaced with one that is valid and enforceable, and which achieves, to the extent possible, the original objectives and intent of the original provision. This Agreement shall inure to the benefit of and be binding upon you and Active Odysseys and their respective heirs, legal and personal representatives, successors, and assigns.

12.5. Modifications. Active Odysseys reserves the right to update and/or alter these terms and conditions at any time. Any changes to these terms and conditions will be available online at https://www.activeodysseys.com/terms-and-conditions and shall be effective from the date of publishing. It is your responsibility to be familiar with these terms and conditions and to monitor our website for any changes or updates thereto.

12.6. Waivers. Any waiver by Active Odysseys of any of its rights under this Agreement must be in writing. A waiver on one occasion does not waive a right for future occasions, nor does it waive any of Active Odyssey’s other rights.

12.7. Entire Agreement. This Agreement contains all the terms and conditions agreed by you and Active Odysseys relating to its subject matter and supersedes any prior agreements, additional terms, understandings or arrangements between you and Active Odysseys, whether oral or in writing. Both you and Active Odysseys acknowledge and accept that, by agreeing to this Agreement, you and we have not relied upon any representation, undertaking or promise except those in this Agreement.