LIMITS ON AE’S RESPONSIBILITY
AE, its employees, shareholders, officers, directors, successors, agents and assigns, does not own or operate any property or entity, which provide goods or services for your trip. It purchases transportation, villas, hotel and other lodging accommodations, restaurant, ground handling and other services from various independent suppliers (including from time to time other affiliated AE companies). All such persons and entities are independent contractors. AE is not liable for any negligent or willful act of any such person or entity or of any third person.
In addition and without limitation, AE is not responsible if the performance of the proposed travel is hindered or prevented or likely to be hindered or prevented by war, hostilities, disease, blockage, ice, labor conflicts, strikes, restraint of vessels, seizure under legal process, breakdown of transportation, or any other cause whatsoever, all parties are freed from liability and obligation to perform services and/or refund money or fares paid in advance.
This includes any injury, financial or physical loss, death, inconvenience, delay or damage to personal property in connection with the provision of any goods or services whether resulting from but not limited to acts of God or force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time.
There are many inherent risks in adventure travel of the type involved here, which can lead to illness, injury, or even death. These risks are increased by the fact that these trips take place in remote locations, far from medical facilities. Guest assumes all such risks associated with participating in these trips.
If you decide to participate in any activities including, but not limited to, any excursions involving animals, riding on animals, SCUBA diving, sailing, use of water sports equipment, snorkeling, hot air ballooning, zip lining, high altitude treks, climbing, whitewater rafting, and any activity which may carry inherent risk of serious illness, injury or death (“Activities”), then you fully understand and acknowledge that Activities carry with them various inherent risks, including serious illness, injury or death and you take complete responsibility for your own health and safety and agree to assume all risks of injury, illness or death, whether foreseen or unforeseen, that may befall you as a result of participating in any Activities and agree to release AE and its affiliates, their agents, employees and representatives from any liability whatsoever related thereto.
Further, as consideration for being permitted to participate in the Activities, you release AE, whether known or unknown, from, and agree not to sue or make claim against AE for, property damage, cancellation of any Activities for any reason, illness, negligent rescue operations or procedures, personal injury, or death arising out of your participation in the Activities, and any activity related thereto, including transportation to and from the site of the Activities, regardless of whether such property damage, illness, personal injury, or death results from the negligence of AE (but not its reckless, willful, or fraudulent conduct), and/or from any defect in equipment. You further agree to indemnify and hold AE harmless with respect to any claim made against AE by anyone else which (a) related to your participation, or (b) which would be subject to the above release and covenant not to sue if you had made the claim directly yourself.
TRAVEL ADVISORIES AND WARNINGS
It is the responsibility of the guest to become informed about the most current travel advisories and warnings. In the event of an active Travel Warning against travel to the specific destination location(s) of the trip, should the guest still choose to travel, notwithstanding any travel advisory or warning, the guest assumes all risk of personal injury, death or property damage that may arise out of the events like those advised or warned against.
ARBITRATION AGREEMENT
Any controversy or claim arising out of or relating to these Terms and Conditions; to the Limits on AE’s Responsibility clause; to any AE brochure; to any information regarding any AE trip, service or package; or to any AE related trip, activity, service or package shall be submitted exclusively to and resolved in binding arbitration. Each party shall bear its own fees, costs and expenses and an equal share of any arbitrator and administrative fees.