BOOKING TERMS & CONDITIONS

These Booking Terms & Conditions (the “Terms”) will become the terms and conditions of the agreement between Generation of Harmony LLC (Kerri Lake), Curakuda (Greta Franklin Matos) and you, and anyone for whom you register, so please take time to read them.

Kerri Lake and Greta Matos (who will be referred to as “Hosts”) partner with carefully selected travel Operators and local resource providers. In certain circumstances, your booking will be subject to the Operator’s Terms and Conditions.

You will be sent a separate terms and conditions waiver to sign upon booking if/when it is appropriate.

Standard Host’s Booking Terms & Conditions

Hosts book trip details within Chile on behalf of Client but all obligations and liabilities with respect to the trip are those of Client.  The trip booked for Client will be set out in the confirmation of registration (the “Booking”).

Everyone participating in a trip must complete and return a trip registration form, providing the requested personal details and confirming agreement to these Terms, to Hosts.  If the trip registration form is not completed within one week of the deposit being paid, Client’s place on the trip may be forfeit.  The Booking becomes effective, and these Terms apply once Hosts sends confirmation of registration to Client.

Hosts reserve the right to decline any request for participation in a trip.

You are the Client

As the person making the booking Hosts want to make sure you understand and acknowledge your obligations and responsibilities, so they are all clearly set out in these Terms.  If you are making the Booking for others, you will also be taking on certain responsibilities for them.  You will also be the designated contact person for Client.

Only people 18 years or older may make a Booking.  Everyone on a Booking must be at least 18 years old.  

COVID-19, Vaccination and Testing

Proof of COVID-19 testing is not required by Hosts. Proof of COVID-19 vaccination may be required by the destination in which the trip is taking place to participate in any trip.  COVID-19 testing may also be required by destination countries and/or the trip supplier and the cost of any testing is the responsibility of Client.

COVID policies are updated here: https://www.generateharmony.com/covid-details/.

Client will immediately advise Hosts if Client has any symptoms of COVID-19 within 2 weeks of the start of a trip and Client may be required to provide a negative test or may not be permitted to participate in the trip.  If symptoms occur during the trip, Client will advise the guide(s) and follow all instructions given to them by the guide(s).

If Client has any symptoms or is diagnosed with COVID-19 anytime during the 10 days after the completion of the trip, Client will email Hosts at: info@kerrilake.com so that it can notify others on the trip.

No refund will be provided to Client who cannot complete the trip due to COVID-19 and any costs incurred by Client due to COVID-19, including transportation, accommodation, meals, etc. will be the responsibility of Client.

Waiver of Rights

Hosts have advised Client that because of the worldwide effects of COVID-19 WWE cannot provide any assurance about conditions in any location, the methods used in any location to manage COVID-19, the services or amenities available in any location, or the effects of COVID-19 on any trip.  Knowing of the conditions and having been given this warning by Hosts, client, on her own behalf and on behalf of Client, acknowledges that participating in the trip has significant inherent risks and that Client agrees to waive any and all rights she/they may now have or may have in the future against Hosts and affiliates for any damages, actions, causes of action, proceedings, suits, debts, dues, covenants, contracts, claims and demands as a result of any adverse circumstances caused by or arising from participation in the trip, including those related to delay, interruption or cancellation of some or all of the trip, causing Client, to have to remain in transit or stay at a location for longer than anticipated, all at the expense of Client. 

Obligations and Recommendations of Hosts

Hosts direct the attention of Client to the terms and conditions of the trip set out on the Hosts’ website trip page as they will apply to Client along with these Terms.

Hosts recommend that Client check with a medical professional to make sure that Client is capable of taking a specific trip as Hosts are not able to assist with this assessment.  Hosts also recommend Client refer to the Hosts’ website trip page details of a trip.

Hosts strongly recommend that Client purchase travel insurance coverage for trip cancellation (including COVID-19), trip interruption (including COVID-19) and property.

Hosts recommend that Client check their government travel advisories for destinations and other locations on route to the destination. Hosts do not provide this service.

Hosts reserve the right to refuse or interrupt Client from participating in a trip if, in its absolute discretion, Hosts determine doing so would cause harm to Client or others participating in the trip.  If Client is stopped from participating in a trip, Client will not be entitled to any refund and any costs associated with Client leaving or being evacuated from a trip are the responsibility of Client.

Obligations & Acknowledgements of Client

Client must review and verify all details set out on the Booking, all itineraries and invoices upon receipt from Hosts and Client must immediately advise Hosts of any errors or omissions.

Client acknowledges having been directed by Hosts to review theses Terms and the details, terms and conditions of the trip on the Hosts’ website trip page before making a booking.

Client acknowledges the possibility of being required by the supplier of a trip to sign additional documents, including Medical Questionnaires, Waivers of Rights and additional terms and conditions, and being requested to provide additional information requested by the trip supplier, in order to participate in a trip.  Client acknowledges the requirement by the supplier of a trip to update Medical Questionnaires prior to departure.

Client is responsible for complying with all customs, rules and procedures of the trip suppliers and failure to comply with all trip supplier customs, rules and procedures may result in Client being refused continued participation in the trip.  No credit or refund will be provided to Client in such circumstances.

Client acknowledges that for all trips Client must purchase medical travel insurance, with a minimum of $200,000.00USD evacuation and repatriation coverage, including personal injury and all forms of medical expense.  Some trips may have higher minimum medical coverage requirements, which are set out on the WWE website trip page.  Proof of insurance coverage for Client is required.

Client acknowledges that Hosts have strongly recommended that Client purchase travel insurance coverage for trip cancellation (including COVID-19), trip interruption (including COVID-19) and property.   Client acknowledges that some countries will refuse entry if Client does not have proof of travel insurance.

Client is responsible for ensuring possession of all necessary travel documentation, including passport (valid until 6 months after the expected return date), visas, parental consents to travel with minors required by any destination to which they are traveling or in which they will be in transit and pardons with respect to any criminal conviction.

Client acknowledges that even with possession of the required documentation and information, Client may be refused entry into another country at either the point of departure or arrival.

Client acknowledges that the destination(s) to which they are traveling may have living standards and practices, and conditions with respect to the provision of utilities, services and accommodation, that are different from those enjoyed at home.

Client shall be responsible for notifying Hosts of any special requirements regarding the travel arrangements, including the type of accommodation required and dietary requirements of Client, at the time of making the Booking.  Hosts will make trip suppliers aware of such requests and Client shall be responsible for any additional costs for such requests, however Hosts shall not be responsible for any failure by the trip suppliers to provide such services.

Client acknowledges that many trips take place far away from providers of medical care and that some trips may not be suitable for Client based on physical or mental requirements for participation.  Client acknowledges responsibility for assessing whether a trip is suitable for Client.  Client is responsible for consulting a medical professional to confirm fitness for travel and participation in any trip.

Client acknowledges that permitted consumption of alcohol is trip specific, based on many factors such as location, accommodation types, local supplier policies and activities and only when at fixed-roof accommodations or dining at local restaurants or licensed establishments.

Client acknowledges that Client may not be under the influence of alcohol or other intoxicant while participating in any outdoor aspect of a trip.  Client acknowledges that if a guide determines that Client is not in the appropriate condition to participate in any activity, for any reason, the guide has the absolute right to prevent participation by Client.

Client acknowledges that use of illegal substances/drugs on a trip is not permitted and any such use will result in removal from the trip. No refund will be provided to Client if a trip is not completed due to removal for this reason and any costs incurred by Client due to such removal, including transportation, accommodation, meals, etc. will be the responsibility of Client.

Client acknowledges that Hosts encourage a non-smoking environment on all trips and Client will not smoke in the presence of other trip participants and only where permitted by local law.

If Client has a complaint it must be reported to the trip leader or guide immediately so that Hosts have the best chance of rectifying the problem.  If Client is not satisfied with the response from the trip leader or guide, Client must email Hosts at info@kerrilake.com so that Hosts have the best chance of rectifying the problem.

Hosts shall not be liable for any damage or loss suffered by Client, including the inability to use any aspect of the trip, as a result of failing to comply with any of the obligations in this section of the Terms.

Payment for Trip and Non-refundable Deposit

Client is responsible for payment of all trips booked for Client.   Client is responsible for payment of all deposits, which are non-refundable.

Dates when payments are due are set out on the Hosts’ website trip page and detailed here: https://www.generateharmony.com/trip-payment-policies/.  Failure to make payments when due may result in cancellation of the trip, which will be considered Cancellation by Client (see “Change or Cancellation by Client” below) and all trip supplier and Hosts’ cancellation fees and penalties will apply.

Client represents to Hosts that Client has the authority to use any credit card the details of which Client uses to pay for a trip without presenting the actual card.  Client authorizes Hosts to use any credit card the details of which Client provides to Hosts to pay for trip for Client and to make those payments to Hosts or a trip supplier as directed by Hosts.  Client agrees not to make a claim for chargeback on any credit card the details of which Client provides to Hosts in relation to any non-refundable deposit.

Change or Cancellation by Trip Supplier

Trips are typically sold well in advance of travel dates and sometimes itineraries are modified or services not available.  Most often changes to the trip will be minor, however a trip supplier may make a more significant change or on rare occasions the entire trip may be cancelled or postponed. When a tour is cancelled by Hosts before the agreed date of departure for any reason other than Force Majeure or the fault of the Client, the Client may: (i) receive a full refund; or (ii) take another available trip of equal or lower price; or (iii) use the amount paid for the trip as a credit towards another more expensive available trip and pay the additional cost for that trip.  Credit towards another more expensive available trip may only be used for a trip taking place in the same year as the original trip or the following calendar year.  Credit may be transferred to another participant provided that they agree to pay all amounts owing for any trip they choose and they meet all trip requirements imposed by Hosts and the trip supplier for the chosen trip.  If, in order to be applied to another trip, a credit must be converted to another currency, the amount of the credit in the converted currency will be given as of the date of the original payment(s) at the exchange rate applicable on that date(s).

You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.

While we endeavour to operate all trips as described we reserve the right to change the trip itinerary. Please refer to our website before departure for the most recent updates to your itinerary.

In no case of change or cancellation by a trip supplier will Hosts be liable to Client for any costs incurred by Client in preparation for the trip, including transportation, accommodation, visa, vaccination or losses incidental to such costs.

Change or Cancellation by Client

Change(s) and cancellation(s) of any trip by Client, must be made by email sent to: info@kerrilake.com.

Change(s) and cancellation(s) of any trip by Client, will be subject to the change/cancellation policy(s) applicable to the trip in question set out on the Hosts’ website trip page, posted in https://www.generateharmony.com/trip-payment-policies/ and these Terms.

In the case of a change by Client, penalties provided for in the trip supplier(s) terms and conditions, these Terms and those set out on the Hosts’ website trip page will apply.

In the case of a cancellation by Client, penalties and non-refundable amounts provided for in the trip supplier(s) terms and conditions, these Terms and those set out on the Hosts’ website trip page will apply, and the trip will not be available to Client for rebooking.

Privacy

Hosts will comply with the provisions of the Personal Information Protection and Electronic Documents Act and any other applicable privacy laws in its handling of private information.  In particular it will:

1. Protect personal information held by it.

2. Identify the purpose of its collection and how it will be used.

3. Use the information collected only for the stated purpose.

4. Ensure that the information is accurate, complete and up to date.

5. Protect the information against loss or theft.

6. Report the theft of any information and notify the individual of all breaches where a “real risk of significant harm” to the individual is possible.

Photography & Video

Trip suppliers have different policies about using photos, video and audio of trip participants in promotional materials and if Client does not want them to do so Client must advise them not to do so in writing.

On trips photos, video and audio recordings may be taken/recorded and posted by participants and guides and Client grants Hosts a perpetual, royalty-free, worldwide, irrevocable license to use all such images, recordings and postings in any fashion and for any purpose, including promotion, on its website and social media unless Client notifies Hosts in writing that they may not do so.

Indemnification by Client

Client undertakes and agrees to defend and indemnify Hosts and hold Hosts harmless, at client’s sole expense, from and against all claims, demands, suits, losses, costs, damages, and expenses that Hosts may sustain or incur by reason of:

(a) any breach of these Terms by Client;

(b) anything stated by Client that is contrary to any of these Terms or the terms and conditions of any trip supplier;

(c) a claim, demand or suit, etc. made by any of the suppliers of a trip for damages caused by Client;

(d) a claim, demand, suit, etc. made Client; and

(e) a claim by a credit card company or other third party dealt with by the Hosts in relation to the booking of the trip for Client, including any charge back request by Client or credit card issuer.

Client’s obligations in this section shall continue in force after completion of the trip by Client.

Changes to these Terms

Hosts may make changes to these Terms from time to time and all changes shall be binding on Client from the date on which the change is brought to Client’s attention.

Hosts’ Responsibility

Hosts arrange trips with independent third parties, such as hotels, bus companies, tour operators, baggage handlers and other independent suppliers, to provide Client with the trip purchased. Hosts exercise care in selecting these independent suppliers and pays particular attention to their reputation and reliability. However, Hosts do not control these independent suppliers and cannot be held responsible for their performance or lack thereof.

Hostsare not responsible for any injury, loss or damage whether mental, emotional or physical howsoever sustained, resulting or arising from any error, omission or negligence of any company or person, its agents, employees or sub-contractors supplying any trip.

Hosts are not responsible for consequential damages or special damages suffered by Client, even in circumstances in which Hosts are aware of the reason Client takes the trip, including circumstances in which Client arrives at a destination later than expected and/or is unable to attend an event/excursion, whether the event/excursion is included in the price of the Booking or not.

Client shall have no claim against Hosts by reason of Client failing to purchase any type travel insurance coverage.

Limitation of Hosts’ Liability

Hosts’ liability for any loss, damage or injury, whether to property, physical or mental, arising from its own acts, omissions or negligence, is limited to the amount paid directly to Host by Client, in relation to which any claim by Client, is made.

Force Majeure

In no event shall Hosts be liable for any failure to perform Hosts’ obligations or delay in performing Hosts’ obligations where such failure or delay is due to events beyond Hosts’ control which prevents or delays the performance of Hosts’ obligations, including  without limitation, nuclear or environmental catastrophes; natural disasters and extreme weather conditions; war, invasion, or similar hostilities; rebellion, revolution, insurrection; riots or civil unrest; strikes, lockouts and labor action; acts or threats of terrorism; epidemic, pandemic, or spread of disease; Acts of State or governmental restrictions; and loss or prolonged interruption of necessary utilities, communications or computer services.  In any such circumstance, in which Hosts are prevented or delayed in the performance of their obligations, Hosts shall not be obliged to return any amount paid by Client.

Client acknowledges that Hosts, on behalf of Client, will forward funds to independent third party trip suppliers, and that once forwarded, these funds may not be recovered and/or refunded.

In any event, the liability of Hosts arising out of force majeure event shall not exceed amounts paid directly by Client, to Hosts, and Hosts shall not be liable for any consequential or indirect damages or legal costs incurred by any party.

General Provisions

NOTICE

Notice may be provided by Client and Hosts by email and will be effective only when acknowledged by the other party.

PARTIAL VALIDITY

If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any manner.

MODIFICATION

These Terms may be modified by Hosts at any time.

LAW GOVERNING TERMS

These Terms shall be governed by and construed in accordance with the laws of the state of California, United States.

FORUM FOR DISPUTES

The courts of the state of California, United States of America, shall have exclusive jurisdiction over the resolution of any dispute, controversy or claim arising out of or in relation to these Terms or a trip.

SUCCESSORS AND ASSIGNS

These Terms shall be binding upon and shall inure to the benefit of Client/Hosts and their heirs, successors, administrators and assigns.

COMPLETE UNDERSTANDING

These Terms and the trip PAYMENT POLICIES represent the complete understanding of Client/Hosts with respect to the booking of the trip and specifically exclude any representation made that is not included in these Terms and the PAYMENT POLICIES found here: https://www.generateharmony.com/trip-payment-policies/

WAIVER

No waiver of any provision(s) of these Terms shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.