TERMS & CONDITIONS
The following Booking Terms and Conditions (referred to herein as these "Terms and Conditions" or "Agreement") apply to all travel and travel-related Services offered for sale by Akari Photo Tours Inc. (located at 2727 4th Ave N, Seattle, WA 98109) and/or its officers, directors, employees, representatives, affiliates, agents, or subcontractors (hereinafter referred to as "Akari Photo Tours", "we," or "us").
The term "Tour," as used in these Terms and Conditions, is defined as any package of Services offered or sold by us. The terms "Service" or "Services" encompass, but are not limited to, Tours, leisure or adventure activities, travel planning and consultation, ground or other transportation, hotel, resort, or other Accommodations, equipment rentals, expeditions, and any other travel or travel related products offered by Akari Photo Tours as part of a Tour Itinerary. "Itinerary" refers to the particularized schedule for a Tour. "Supplier" or "Vendor" refers to any provider of the Services we offer. References herein to "Participant," "you," or "your" shall apply to each and any of the following: a party participating in an offered Tour and/or the party who purchases (or attempts to purchase) a Tour for themselves and/or others.
All bookings of Tours are also subject to the Terms and Conditions of the Suppliers of the Service(s) incorporated in a Tour. By booking an Akari Photo Tours Tour, you agree to abide by all the Terms and Conditions of the applicable Suppliers without reservation and to be bound by the limitations therein. If the Supplier's Terms and Conditions are ever in conflict with the Terms and Conditions of Akari Photo Tours, Akari Photo Tours' will control all issues relating to the liabilities and responsibilities of Akari Photo Tours.
Please read these Terms and Conditions carefully, ask us any questions you have about them, and consult your attorney if desired before you agree to be bound by them. Participant acknowledges that they have taken note of these Terms and Conditions (including our Cancellation Policies, Liability Limitations, and Binding Arbitration Provision) before making a booking and have accepted the same by checking the box marked "I ACCEPT Akari Photo Tours' Booking Terms, including Cancellation Policies, Liability Limitations, and Binding Arbitration Provision." Without this affirmative acceptance, the processing of a booking is not possible.
Table of Contents
Eligibility
Prices and Surcharges
Reservations/Bookings
Payment Policy
Cancellation, Substitution, and Alteration Policies
Modification of Our Terms and Conditions
Participants with Special Needs or Disabilities
Insurance
Passports, Visas, Reciprocity Fees, and Travel Health Requirements
Use of Information and Image
Accommodations
Activities Offered During Your Tour
Marketing Materials and Illustrative Photos
Proper Conduct Required During Tour
Legal Compliance Required During Tour
Purchases Made during Tour.
Medical Emergencies
Participant Complaints
Notices
Seller of Travel Registration Information
Limitation of Liability
Disclaimer of Warranties
Indemnification and Release
Force Majeure
Disputes: Mandatory Binding Arbitration Clause, Governing Law, Jurisdiction, Venue, etc.
Attorney's Fees, Costs, and Expenses of Suit
Assignment
Severability and Survivability
Waiver, Etc.
1. Eligibility.
a. Locale: The Services offered by Akari Photo Tours are available for purchase by residents of the United States while in the United States, its territories, possessions, and protectorates who have all the requisite power and authority to enter into and perform the obligations under these Terms and Conditions and may legally do so.
The Services are also available for purchase by international Participants as long as international Participants recognize that this is a U.S. business operated under U.S. laws. Any disputes that may arise will be decided pursuant to U.S. law according to our Mandatory Binding Arbitration provision and Choice of Law clause, et sec.
b. Age: Booking party must be over 21 years old. Some Tours allow minors if accompanied by a parent or guardian.
2. Prices and Surcharges. Our prices are contractual tariffs. No claim relating to the price of a Tour will be considered once the reservation is effective. All prices are quoted in US dollars (US$). Rates for Services are based on tariffs and exchange rates in effect at the time of posting and are subject to change prior to departure. Substantial changes in tariffs, exchange rates, the price of fuel, Services, and labor sometimes increase the cost of Travel arrangements significantly.
Unless otherwise stated in the description of a Tour, the following amounts will NOT be included as part of one of our Tour's advertised price:
• Airfare and any other transportation to or from the Tour.
• Accommodations, meals, and other travel-related expenses before and after a Tour.
• Travel-related expenses incurred because of Force Majeure or other things out of our control, like weather or transportation delays.
• Passport and visa fees (if applicable).
• Items of a personal nature, such as incidentals, toiletries, etc.
• Travel insurance, including medical, evacuation, lost baggage, and/or trip cancellation.
• Laundry services.
• Tips and gratuities.
• Appropriate gear or clothing.
• Costs of any food or drinks not advertised as included in your Tour price.
• Any other activities or items not explicitly advertised as included in the price of a Tour in its description.
3. Reservations/Bookings. To make a reservation for a Tour, please book directly online through our website: https://akariphototours.com
4. Payment Policy.
a. We accept payment via credit card, personal check, cashier's check, or wire transfer. Less than 45 days prior to departure, any remaining payments must be made via credit card or wire transfer.
b. Initial deposit on Tour Price is due at the time of Tour registration.
c. Final payment due date for remainder of Tour Price is generally 120 days prior to departure (payment date may differ based on type of Tour. Please consult the Tour Description for specifics).
d. If payment of the balance of the Tour price is not received by us by the final balance due date, cancellation charges in accordance with Section 5 below will apply.
5. Cancellation, Substitution, and Alteration Policies.
a. Cancellations attributable to Participant
120 days or more prior to departure date: $200 cancellation fee
119 to 90 days prior to departure date: 50% of the Tour price is refundable
89 to 46 days prior to departure date: 25% of the Tour price is refundable
0 to 45 days prior to departure: 100% of the Tour price is nonrefunable
Please note:
· If we secure a replacement registration, we will provide a refund of 100% of payments made.
· Private workshop fees are 100% nonrefundable.
· A no-show Participant is treated as a cancellation and forfeits all payments made.
· Refunds are not available for things out of our control, such as adverse weather conditions or lack of wildlife.
· Some trips may involve nonrefundable fees paid on your behalf to third-party providers.
· You may be able to apply your payments to a future trip in lieu of cancelation penalties. Please contact us for more info.
· We refund your fees in USD and are not responsible for currency fluctuations if you paid in a different country.
b. State-specific cancellation terms
· For California and Illinois Residents only:
Upon cancellation of the transportation or travel services, where the Participant is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the Participant, all sums paid to the seller of travel for services not provided will be promptly paid to the Participant, unless the Participant advises the seller of travel in writing, after cancellation. In California, this provision does not apply where the seller of travel has remitted the payment to another registered wholesale seller of travel or a carrier without obtaining a refund and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, the seller of travel must provide the Participant with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.
· For Washington Residents only:
If transportation or other services are canceled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date.
c. Substitution of Participants
If any member of your party is unable to travel, it may be possible to transfer the booking to another suitable person. An administration fee of $100.00 will be levied in addition to any costs or fees imposed by our Suppliers.
d. Cancellations and/or Alterations attributable to Akari Photo Tours or Force Majeure
Particularly as a result of causes beyond our control (i.e., weather and travel conditions, political or environmental changes, equipment failure, flight schedule changes or rescheduling of air routes and times, war, pandemic-related travel restrictions, or other "Force Majeure," defined infra in Section 24), we have on occasions had to make changes to and/or cancel confirmed bookings. While we always endeavor to avoid changes and cancellations, we must reserve the right to do so and to substitute alternative arrangements of comparable monetary value without compensation. Any additional charges incurred arising from the postponement, delay, or extension of a Tour or adjustment to the Itinerary due to Force Majeure will be the Participant's responsibility.
Akari Photo Tours and our Suppliers reserve the right to adjust the Itinerary or change the modes of ground travel, change the quality of accommodations, or otherwise change the Tour without prior notice. We accept no liability for loss of enjoyment as a result of these changes. Akari Photo Tours will attempt to provide advanced notice of any changes to the Itinerary or Services to the extent possible.
6. Modification of Our Terms and Conditions. Our Terms and Conditions may be amended or modified by us at any time without notice. It is, therefore, essential that you consult and accept our Terms and Conditions at the time of making a booking, particularly in order to determine which provisions are in operation at that time in case they have changed since the last time you booked a Tour with Akari Photo Tours or reviewed our Terms and Conditions.
7. Participants with Special Needs or Disabilities. If you have special needs (e.g., mobility concerns, dietary restrictions, etc.), you must inform us and all relevant Suppliers for your Tour ahead of time and verify that special needs can be met. Depending on the ability to meet those needs, your reservation may be refunded, canceled, or modified if special handicapped needs cannot be met. Due to the nature of photography Tours, we venture into many places that are not disability-friendly. Akari Photo Tours makes no guarantee as to the ability of us or any Supplier to meet the special needs of disabled Participants.
Also:
Participant should be aware that different countries have their own standards of accessibility for persons with disabilities. Before you travel, visit travel.state.gov/destination and enter a country or area to find information for mobility-impaired Participants in the Special Laws & Circumstances Section.
Consult with your physician before traveling to identify health care needs during your Tour.
If your health insurance plan does not provide coverage where you are traveling, we strongly recommend supplemental medical insurance and medical evacuation plans (which are required on some of our Tours).
Carry sufficient prescription medication to last your entire Tour, including extra medicine in case of delay. Some prescription medications that are legal in the United States may be illegal in your destination. See https://travel.state.gov/content/travel/en/international-travel/International-Travel-Country-Information-Pages.html for the specific area where you will be traveling or contact the local embassy or consulate for more information if necessary.
Always carry your prescriptions in their labeled containers, not in a pill pack.
Carry medical alert information and a letter from your healthcare provider describing your medical condition, medications, potential complications, and other pertinent medical information.
Get official documentation of your "special needs." Your physician should give you a letter stating you are disabled and in what way you are disabled. If you need special equipment of any kind, oxygen, a walker, or paper disposables such as underpants, have this included. If possible, have them add the statement that you have been checked and found free of any communicable disease, particularly HIV Aids. Also, have your doctor include the medications prescribed for you. Be sure the medication or drugs you carry on your person or in your luggage match what is on the list.
Many doctors are now using a rubber stamp to prevent forgery of their signatures. Be sure the document you get from your doctor receives this stamp to assure everyone your letter is authentic. Make several copies of the letter and carry the original with you at all times. If your doctor does not have the anti-forgery stamp, go to a notary or similar official.
Participants with certain conditions, such as late-term pregnancies, are prohibited from traveling on our more remote Tours.
We cannot accommodate service animals. Contact us about the potential of private workshops if you are required to bring a service animal.
Participant certifies that they are responsible for managing their own medication and medical, physical, or allergic conditions during their Tour. Participants who have physical conditions wherein they must take medication daily should have backup medication in case the medication gets lost or is rendered unusable.
If Participant's condition potentially requires EpiPens or other emergency tools, it is Participant's responsibility to bring their own and a backup supply. Participant understands that in the event of injury to Participant or exacerbation of Participant's medical condition, we may not be held responsible.
Akari Photo Tours reserves the absolute right to decline a booking at their discretion. If, in the opinion of Akari Photo Tours or our local Supplier or guide, the health or conduct of a Participant before or after departure appears likely to endanger the safe, comfortable, and efficient progress of a Tour, the Participant may be excluded from all or part of the Tour.
8. Insurance. All Participants are strongly recommended to purchase travel and medical insurance. Should you have to cancel your Tour because of illness, injury, or death to you or an immediate family member, depending on the type of coverage purchased, trip cancellation insurance may protect some or all deposits and payments for Tour costs. Trip cancellation and interruption penalties are significant. Purchasing trip cancellation insurance at a much later date may limit some of the coverage due to pre-existing or other conditions. Akari Photo Tours recommends the immediate purchase of travel insurance, including trip cancellation, emergency medical evacuation, flight delay, baggage, and repatriation. On some Tours, evacuation insurance is required (check Tour description to see if this applies to your Tour). If evacuation insurance is required and Participant still refuses or otherwise fails to purchase it, Participant's Tour will be cancelled. At that time, Participant will be treated as if canceling the Tour themselves, and a refund per the schedule in Section 5(a) will apply.
Due to the Coronavirus pandemic, we further recommend the insurance purchased is a policy that allows Traveler to "cancel for any reason," as many types of trip cancellation policies do not allow cancellation for coronavirus-related reasons.
It is Participant's responsibility to understand the limitations of their insurance coverage and purchase additional insurance as needed. It is the Participant's sole responsibility to research, evaluate, and purchase appropriate coverage. Participant agrees that Akari Photo Tours is not responsible for any uninsured losses.
9. International Travel: Passports, Visas, and Travel Health Requirements. It is our international Participants' sole responsibility to verify they have all the necessary visas, transit visas, and passports prior to travel. Non-U.S. citizens should contact the appropriate consular office for any requirements pertaining to their Tour. Further information on entry requirements can be obtained from the State Department by phone (202) 647-5335 or accessed online at https://travel.state.gov/content/travel/en/us-visas/tourism-visit.html
Many international destinations require a passport valid until at least six (6) months beyond the scheduled return date. Further information on entry requirements can be obtained from the State Department by phone (202) 647-5335 or accessed online at http://travel.state.gov/content/passports/en/passports.html or directly from the destination country's website. Some countries require you to be in possession of a return ticket or exit ticket and have sufficient funds, etc. Similarly, certain countries require that the Traveler produce evidence of insurance/repatriation coverage before it will issue a visa.
You must carefully observe all applicable formalities and ensure that the surnames and forenames used for all passengers when making a booking and appearing in your travel documents (booking forms, travel tickets, etc.) correspond exactly with those appearing on your passport, visas, etc. We cannot be held liable for any illness, delays, compensation, claims, and costs resulting from your failure to meet these requirements.
Immunization requirements vary from country to country and even region to region. Up-to-date information should be obtained from your local health department and consulate. You assume complete and full responsibility for and hereby release Akari Photo Tours from any duty of checking and verifying vaccination or other entry requirements of each destination, as well as all safety and security conditions of such destinations during the length of the proposed travel or extensions expected or unexpected. For State Department information about conditions abroad that may affect travel safety and security, you can contact them by phone at (202) 647-5335. For foreign health requirements and dangers, contact the U.S. Centers for Disease Control (CDC) at (404) 332-4559, use their fax information service at (404) 332-4565, or go to http://wwwnc.cdc.gov/travel/.
WE CANNOT ACCEPT RESPONSIBILITY IF YOU ARE REFUSED PASSAGE ON ANY AIRLINE, TRANSPORT, OR ENTRY INTO ANY COUNTRY DUE TO THE FAILURE ON YOUR PART TO CARRY OR OBTAIN THE CORRECT DOCUMENTATION OR IMMUNIZATIONS. IF FAILURE TO DO SO RESULTS IN FINES, SURCHARGES, CLAIMS, FINANCIAL DEMANDS, OR OTHER FINANCIAL PENALTIES BEING IMPOSED ON US, YOU WILL BE RESPONSIBLE FOR INDEMNIFYING AND REIMBURSING US ACCORDINGLY.
10. Use of Information and Image. Akari Photo Tours may occasionally use statements and testimonials provided by Participants and/or Participants' photographs in marketing materials, on the internet (including social media), and in print publications and advertisements to promote Akari Photo Tours. You fully consent to such use of your statements and/or photographs, images, or other likenesses for marketing or promotional purposes without the payment of any compensation to you, and grant Akari Photo Tours a non-revocable license for said use and waive the right to inspect or approve the finished product wherein your likeness appears. If you would like to opt out of this provision or have your statements and/or photographs, images, or other likenesses removed from our website or promotional materials, please notify us in writing.
11. Accommodations. "Accommodations" are any lodgings in a dwelling or similar living quarters afforded to Participants, including, but not limited to, hotels, motels, lodges, quarters on a vessel, and resorts. Akari Photo Tours provides accommodations for its Tours through third-party Suppliers and retains no ownership or management interest in those Accommodations. Akari Photo Tours does not guarantee the location or the amenities of the Accommodations nor the performance of the third-party Vendors. If any issues arise, please contact the owner/operators of the respective Accommodations directly.
Akari Photo Tours makes no guarantees about the living standards in remote locations, but we will try to work with an Accommodation provider within the same category you purchased, if available, should serious problems as to habitability arise. Any additional costs, i.e., upgrades, etc., will be borne by the Participant.
12. Tour Activities and Fitness Requirements. Our Tours are physically active and interactive, so you must be in good physical condition and health to participate in them. Our Tours may contain a number of available activities. An offered Tour activity may not be appropriate for all ages or for individuals with certain medical conditions. Akari Photo Tours may not be held liable in the event of an incident or accident which is due to a lack of vigilance on your part.
Please be aware that some Tours will take you to remote areas and may bring you into close contact with wild animals and other hazards, natural and manmade. We cannot be held responsible in the unlikely event that an attack should take place or you encounter any other hazard.
Some of our Tours and their activities have specific fitness requirements. We reserve the right to demand medical documentation that Participant is fit and able to participate. We also reserve the right to cancel participation based on fitness levels. If the Tour leader determines that someone has misrepresented their fitness level and their lack of fitness represents a safety hazard or is negatively affecting the rest of the group, we reserve the right to terminate their participation in the workshop with no refunds given.
It may happen that certain activities referred to in the Tour description or other promotional materials are no longer provided by the local provider for climatic reasons, in the event of Force Majeure, during a stay out of the Tourist season, or when the minimum number of participants required for providing a given activity is not reached. In the early or late season, some activities may not be available, some of the facilities (restaurants, swimming pools, etc.) may be closed, or maintenance work may be in progress. As a general rule, entertainment and sports activities may vary in frequency depending on how many people are staying at the time and on climatic conditions. Akari Photo Tours cannot be liable for activities unavailable due to any of the reasons listed above or for any other reason outside of our control.
YOU ACKNOWLEDGE THAT THE USE OR ENJOYMENT OF AN ACTIVITY MAY BE HAZARDOUS AND INHERENTLY RISKY, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, AKARI PHOTO TOURS SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY OR DEATH; LOST, STOLEN, DAMAGED OR DESTROYED PROPERTY; OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE ACTIVITY.
13. Marketing Materials and Illustrative Photos. Akari Photo Tours endeavors to illustrate the Services it offers using photographs or illustrations that provide a realistic representation of the Services. However, please note that photographs and illustrations appearing in descriptions are for illustrative purposes only. They are not contractual, nor are they to be construed as guarantees of the conditions of the Services pictured at the time of your Tour.
14. Proper Conduct Required During Tour. Participants understand that their participation in a Tour may be terminated at any time during the Tour if Participant is disciplined by any civil or criminal authorities, any of our Suppliers, or if Akari Photo Tours, in its sole discretion, determines that Participant's conduct or behavior is incompatible with the interests, safety or welfare of other Participants or our Service providers, their employees, or independent contractors. Should any member of the party fail to conduct themselves properly, then that person may be ordered to leave the Tour without recourse to any refund, compensation, or any other legal claim against us. In the event of termination for conduct violations, Participant is responsible for arranging and paying for their own substitute travel and Accommodations, if necessary.
15. Legal Compliance Required During Tour. All Participants must obey the local laws and regulations of the places they visit on their Tour, including their medicinal and/or recreational drug laws and restrictions regarding alcohol consumption. Akari Photo Tours is not liable or responsible for any damages, costs, and/or added expenses incurred as a result of Participant's failure to obey any local laws.
16. Purchases Made During Tour. Any purchase of goods or services that Participant makes while on the Tour are solely at Participant's risk, including, without limitation, such problems as defects, failure to ship, or damage to goods while in shipment, whether or not the purchase was made from a vendor recommended by a guide, other person rendering Tour services or any third party.
17. Medical Emergencies. Akari Photo Tours is not responsible for the costs of any medical treatment you may require during a Tour and assumes no liability regarding the provision of medical care or lack thereof that you may receive while on the Tour. YOU ARE RESPONSIBLE FOR RISKS ASSOCIATED WITH, AND COSTS, OF ANY AND ALL MEDICAL TREATMENTS AND EVACUATIONS YOU MAY REQUIRE OR RECEIVE DURING YOUR TOUR. Participant releases Akari Photo Tours from any liability relating to any such medical care, whether secured by a Service provider on behalf of Participant or otherwise and agrees to be responsible for any and all expenses incurred for said medical care.
18. Participant Complaints. If Participant has a complaint about any of the Services in their Itinerary, they should first address it with the appropriate Supplier. If the Supplier is unable to rectify the situation, Participant should bring it to the attention of a representative of Akari Photo Tours. It is only if Akari Photo Tours is made aware of any problems that there will be the opportunity to put things right. Making your complaint known to Akari Photo Tours as a problem arises during your Tour will allow us the opportunity to remedy the situation or facilitate compensation. Should the problem remain unsolved, a complaint must be made in writing to Akari Photo Tours within 30 days of the completion of the Tour.
19. Notices. Any notices required or permitted hereunder shall be given:
a. If to Akari Photo Tours, via certified mail, return receipt requested, addressed to:
Akari Photo Tours
PO Box 19455
Seattle WA 98109
b. If to Participant, at the email or physical address provided by Participant during the registration process.
c. Such notice shall be deemed given upon personal delivery; if sent by electronic mail, upon confirmation of receipt; or if sent by certified or registered mail, postage prepaid, three (3) days after the date of mailing.
20. Seller of Travel Registration Information.
a. California Registration Info: Akari Photo Tours is registered with the California Department of Justice. CST#Pending. Registration as a seller of travel does not constitute approval by the State of California. California law requires certain sellers of travel to have a trust account or bond to protect consumer's money. Akari Photo Tours has a trust account with Chase Bank.
b. Florida Registration Info: Akari Photo Tours is registered with the State of Florida as a Seller of Travel. Registration No. ST44534
c. Washington Registration No. 605-232-451
21. Limitation of Liability. IN NO EVENT SHALL AKARI PHOTO TOURS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF OPPORTUNITY OR OTHER PECUNIARY LOSS, EVEN IF AKARI PHOTO TOURS HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES OR LOSSES, WHETHER SUCH LIABILITY IS BASED UPON CONTRACT, TORT, NEGLIGENCE OR OTHER LEGAL THEORY. IN NO EVENT SHALL AKARI PHOTO TOURS' TOTAL AGGREGATE LIABILITY TO THE PARTICIPANT FOR CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY THE PARTICIPANT TO AKARI PHOTO TOURS UNDER THIS AGREEMENT.
AKARI PHOTO TOURS OFFERS VARIOUS SERVICES PROVIDED BY THIRD-PARTY VENDORS. AKARI PHOTO TOURS RETAINS NO OWNERSHIP INTEREST, MANAGEMENT, OR CONTROL OF THOSE THIRD-PARTY VENDORS. TO THE FULLEST EXTENT PERMITTED BY LAW, AKARI PHOTO TOURS DOES NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT, OR DELAY DUE TO AN ACT OR OMISSION OF ANY THIRD PARTIES (INCLUDING THIRD-PARTY VENDORS), GOVERNMENTAL AUTHORITY, OR ACTS ATTRIBUTABLE TO YOU YOURSELF, INCLUDING, WITHOUT LIMITATION, NEGLIGENT OR RECKLESS ACTS.
22. Disclaimer of Warranties. UNLESS OTHERWISE STATED, ALL GOODS AND SERVICES OFFERED BY AKARI PHOTO TOURS ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AKARI PHOTO TOURS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, TITLE, UNINTERRUPTED SERVICE, AND ANY WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE FOR ALL GOODS AND SERVICES SOLD BY/THROUGH AKARI PHOTO TOURS. Applicable law in your jurisdiction may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
23. Indemnification and Release. You hereby release Akari Photo Tours and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Travel Services, Participant's participation in a Tour, including but not limited to, any interactions of any kind arising in connection with or as a result of this Agreement or your use of the Site. This is a general release of all claims, whether known or unknown, suspected or unsuspected, and specifically waives the rights provided in California Civil Code Section 1542, which provides as follows:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
Participant hereby also agrees to indemnify, defend, and hold harmless Akari Photo Tours from and against any and all damages, losses, claims, liabilities, deficiencies, costs, fees (including reasonable attorneys' fees), and expenses arising out of any claim brought against Akari Photo Tours regarding, resulting, or arising from Participant's participation in a Tour or Participant's booking of Travel Services.
24. Force Majeure. Akari Photo Tours shall not be responsible for failure to perform any of its obligations under this Agreement during any period in which such performance is prevented or delayed due to Force Majeure. "Force Majeure" refers to any event beyond Akari Photo Tours' reasonable control, including but not limited to severe weather, fire, flood, mudslides, earthquakes, war, labor disputes, strikes, political unrest, natural or nuclear disaster, pandemics, epidemics, World Health Organization's advisories and/or alerts, Center for Disease Control's advisories and/or alerts, U.S. State Department's advisories and/or alerts, any order of any local, provincial or federal government authority, interruption of power Services, terrorism or any other causes beyond the control of Akari Photo Tours or deemed by Akari Photo Tours to constitute a danger to the safety and well-being of Participants. Akari Photo Tours reserves the right to cancel any Services described in a Tour Itinerary due to Force Majeure.
25. Disputes: Binding Arbitration, Governing Law, Jurisdiction, Venue, etc. These Terms and Conditions and the relationship between you and Akari Photo Tours will be governed by the laws of the State of Washington without regard to its conflict of law provisions.
Participant and Akari Photo Tours shall attempt in good faith to resolve any dispute concerning, relating, or referring to a Tour, Services offered by us, our website, any literature or materials concerning Akari Photo Tours, and these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof, (hereinafter a "Dispute") through preliminary negotiations. If the Dispute is not resolved through good faith negotiation, all Disputes shall be resolved exclusively by binding arbitration held in Seattle, Washington, and presided over by one (1) arbiter. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. The arbitrator's decision shall be final and binding, and judgment may be entered thereon. In the event a party fails to proceed with arbitration, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration. Nothing herein will be construed to prevent any party's use of injunction and/or any other prejudgment or provisional action or remedy. Any such action or remedy shall act as a waiver of the moving party's right to compel arbitration of any dispute.
Participant and Akari Photo Tours agree to submit to the personal jurisdiction of the federal and state courts located in Seattle, Washington, with respect to any legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or a Dispute. Participant and Akari Photo Tours agree the exclusive venue for any and all legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or a Dispute shall be the federal and state courts located in Seattle, Washington and to irrevocably submit to the jurisdiction of any such court in any such action, suit or proceeding and hereby agrees not to assert, by way of motion, as a defense or otherwise, in any such action, suit or proceeding, any claim that (i) he, she or it is not subject personally to the jurisdiction of such court, (ii) the venue is improper, or (iii) this Agreement or the subject matter hereof may not be enforced in or by such court. YOU RECOGNIZE, BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AND AKARI PHOTO TOURS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY BINDING ARBITRATION PROVISION.
26. Attorney's Fees, Costs, and Expenses of Suit. If any act of law or equity, including an action for declaratory relief or any Arbitration Proceeding, is brought to enforce, interpret, or construe the provisions of these Terms and Conditions, a Tour, Akari Photo Tours' website, or any literature or materials concerning Akari Photo Tours, the prevailing party shall be entitled to recover actual reasonable attorney's fees, costs, and expenses.
27. Assignment. Participant may not assign his rights or obligations hereunder without the prior written consent of Akari Photo Tours.
28. Severability and Survivability. If any provision, or portion of a provision, in these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Participant and Akari Photo Tours agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision.
Notwithstanding any other provisions of these Terms and Conditions or any general legal principles to the contrary, any provision of these Terms and Conditions that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms and Conditions.
29. Waiver, Etc. No delay or failure by either party to exercise or enforce at any time any right or provision hereof will be considered a waiver thereof of such party's rights thereafter to exercise or enforce each and every right and provision hereof. No single waiver will constitute a continuing or subsequent waiver. Akari Photo Tours does not guarantee it will take action against all breaches of these Terms and Conditions. No waiver, modification, or amendment of any provision hereof will be effective unless it is in writing and signed by both parties.
(Rev. 9/30/2023)