Terms & Conditions

Every Vhana Expeditions customer is required to review these terms and conditions in full prior to booking, as they will be strictly enforced. Should you have any questions, please reach out to us for clarification before your booking is finalized. By submitting a deposit payment, all Vhana Expeditions customers are deemed to have read, understood, and accepted these terms and conditions.

Vhana Expeditions Terms and Conditions of Sale

These Terms and Conditions (the "Agreement") govern all travel and travel related Services sold by Vhana Expeditions LLC dba Vhana Expeditions ("Vhana Expeditions," "we," or "us"), together with our officers, directors, employees, representatives, affiliates, agents, and subcontractors. Vhana Expeditions is located at [Vhana Expeditions Business Address]. Our telephone number is +1 786 591 9700.

Throughout this Agreement, "Service" or "Services" means airfare, cruise or charter passage, river boats, aircraft or other vessels, ground transportation, hotel rooms, resorts and other lodging, tours, adventure or leisure activities, equipment rentals, expeditions, trip insurance, and any other travel related product we offer or sell. "Trip" or "Tour" means any Service, or bundle of Services, we sell. "Supplier" or "Vendor" means any third party that provides a Service we offer. "Itinerary" means the specific schedule for a Trip. "Traveler," "you," and "your" refer to any party joining a Trip, any party purchasing or attempting to purchase a Trip for themselves or others, and any parent or legal guardian accepting these Terms on behalf of a participant who is not of legal age to contract on their own.

Every Trip booking is also subject to the separate Terms and Conditions of each Supplier involved in that Trip. Placing an order with Vhana Expeditions means you agree, without reservation, to abide by every applicable Supplier's Terms and Conditions and to be bound by their limitations. Where a Supplier's Terms conflict with ours, Vhana Expeditions' Terms will govern all questions of our own liability and responsibility.

Read this Agreement carefully, direct any questions to us, and consult your own attorney before agreeing to be bound by it. By checking the "I have read and agree to the Terms & Conditions" box, Traveler confirms they have reviewed and accepted this Agreement before booking. Where Traveler is booking on behalf of other Travelers, checking that box additionally confirms that Traveler: (1) has shared these Terms and Conditions with every other Traveler in the group; (2) holds full authority to accept these Terms on behalf of everyone named on the booking, including anyone not of legal age to accept them personally; (3) accepts responsibility for the accuracy of any information supplied about those Travelers; and (4) warrants that each Traveler, having had the opportunity to seek legal advice, agrees to be bound by this Agreement, including its liability limitations and cancellation terms. A booking cannot be processed without this acceptance. Placing an order with Vhana Expeditions therefore constitutes agreement, by you and every Traveler in your group, to be bound by this Agreement without reservation.

1. Modification of These Terms and Conditions

We may amend or modify this Agreement at any time and without notice, though such changes will not apply retroactively to Trips already booked. Because of this, you should review our current Terms and Conditions each time you place a booking, so you understand which provisions apply at that moment, particularly if they have changed since your last order or last review of this Agreement.

2. Eligibility

Vhana Expeditions Services are offered to, among others, residents of the United States located within the United States, its territories, possessions, and protectorates, who possess full legal power and authority to enter into and perform this Agreement. Unaccompanied minors under 18 years of age will not be accepted. The Lead Passenger, meaning whoever submits a Trip reservation on behalf of a group, must be at least 18 years old and must accept this Agreement. Where a Lead Passenger is traveling with a minor, approval will be considered case by case, and the accompanying parent or guardian must accept full responsibility for that minor.

3. Reservations and Bookings

To reserve a Trip, contact us at +1 786 591 9700 or by email at hello@vhanaexpeditions.com. We will issue written confirmation of your booking once we have received your deposit, your fully completed Traveler information forms, and your flight information. If flight details are not yet available, we may still issue written confirmation provided you agree to supply them as soon as they are known.

For Travelers combining a cruise with a land tour, we will send a service list covering the land portion once all requested Services are confirmed, followed by the complete final program approximately two weeks before departure, sent by email. A physical copy, along with any necessary vouchers, will be provided upon your arrival at the destination. The final program includes contact details for every Accommodation and Activity booked on your behalf.

4. Prices and Surcharges

Our published prices are contractual tariffs, and no pricing claim will be entertained once a reservation has taken effect. All prices are quoted in US dollars. Rates reflect the tariffs and exchange rates in effect when posted and may change before departure if there are unforeseen and material shifts in tariffs, exchange rates, fuel costs, service or labor costs, or social or environmental events affecting our ability to deliver the Services properly.

Unless a Trip description states otherwise, the advertised price does NOT include:

• Personal incidentals such as toiletries
• Passport or visa costs
• Airfare, airport taxes, or excess baggage fees
• Fuel surcharges
• Inspection, customs, immigration, and naturalization fees
• Applicable sales taxes
• Single room supplements
• Travel insurance of any kind, including medical, accident, lost baggage, or trip cancellation coverage
• All tips and gratuities (inclusions vary by program)
• Food or drink not specifically advertised as included
• Any other item or activity not explicitly listed as included in the Trip description

5. Payment Methods

We accept the following payment methods:

1. Personal check drawn on a US bank
2. Wire transfer, with all associated fees paid by the sender
3. Credit card, subject to a 3% convenience fee payable to Vhana Expeditions; credit card payments may be taken by phone or through a secure payment link

Checks should be mailed as instructed on your invoice, or sent directly to the account named on that invoice.

If a payment cannot be processed from your card, we will contact you by phone or email. This can occur due to insufficient funds, incorrect information submitted through our site, a fraud alert from our screening system, or a decline by your card issuer. You may contact your bank to authorize the charge or provide us with an alternate payment method acceptable to Vhana Expeditions. We are not responsible for any consequences arising from a declined or rejected payment, for any reason. Where we detect a potentially fraudulent transaction, we will report it to our card verification provider, the relevant bank or Supplier, and, if warranted, the appropriate authorities. All card transactions are processed securely and transmitted via SSL encryption.

6. Initial Deposit and Final Payment

1. Deposits: Securing a booking requires a non-refundable deposit of 30% of the total Trip price. All flights, whether domestic or international, must be paid in full in advance to hold space.
2. The remaining balance is due no later than 100 days prior to departure. If the balance is not received by that date, Vhana Expeditions may treat the booking as cancelled by the Client. Final payments are non-refundable.
3. Private charter bookings may involve a different deposit and payment schedule depending on the vessel, region, season, and group size, and such terms will be communicated before booking is confirmed. All private charter payments are non-refundable.

7. Passports, Visas, Reciprocity Fees, Insurance and Health Requirements

Traveler is solely responsible for obtaining and carrying all passports, visas, transit visas, proof of insurance, vaccination records, and reciprocity fee payments required for their destination. A valid, unexpired passport is mandatory for travel to any international destination we offer, along with any required visas, permits, certificates, and proof of insurance or vaccination.

Most international Trips require a passport valid at least six (6) months beyond the scheduled end of your Itinerary. Non-U.S. citizens should confirm requirements with the relevant consulate. Additional entry requirement information is available from the U.S. State Department by phone at (202) 647-5335, online, or directly from the destination country's government website.

Some countries require proof of a return or onward ticket and sufficient funds; others require proof of insurance or repatriation coverage before issuing a visa.

You are responsible for ensuring that the names used at booking and shown on your travel documents match your passport and visas exactly.

Vaccination requirements differ by country and region. You should obtain up to date guidance from your local health authority and the relevant consulate. You accept full responsibility for confirming vaccination and entry requirements, as well as safety and security conditions, for every destination on your Trip, whether planned or added later, and you release Vhana Expeditions from any duty to verify these on your behalf. Safety and security information is available from the State Department at (202) 647-5335, and health information is available from the CDC at (404) 332-4559 or online.

It remains your responsibility to hold valid, correct documentation, required vaccinations, insurance proof, and any medication clearances for every country visited, since we cannot be held liable for illness, delay, claims, or costs arising from a failure to meet these requirements.

WE ARE NOT RESPONSIBLE IF YOU ARE DENIED BOARDING OR ENTRY DUE TO YOUR OWN FAILURE TO CARRY PROPER DOCUMENTATION. IF THAT FAILURE RESULTS IN FINES, SURCHARGES, CLAIMS, OR OTHER FINANCIAL PENALTIES BEING IMPOSED ON US, YOU AGREE TO INDEMNIFY AND REIMBURSE US IN FULL.

8. Issuing Travel Documents

Travel documents are issued only to the purchasing Traveler who personally agrees to this Agreement. You must notify us promptly of any change to your name, passport, email, phone number, or address prior to departure. We accept no liability if a Trip is disrupted or rendered impossible because travel documents were not received due to incorrect information you provided.

9. Accommodations

"Accommodations" means any lodging provided to Travelers, including hotels, ship or charter cabins, motels, and resorts. Vhana Expeditions arranges Accommodations through third-party Suppliers and holds no ownership or management interest in them. We do not guarantee the location, amenities, or performance of any third-party Accommodation provider. Concerns should be directed to the Accommodation owner or operator directly.

Standards vary considerably by country, particularly in remote locations. We make no guarantee regarding living standards in such places, though we will attempt to arrange a comparable Accommodation within the same category if a serious habitability issue arises. Any resulting upgrade costs are the Traveler's responsibility.

Accommodation pricing assumes double occupancy unless stated otherwise. Single supplement fees, where applicable, vary by property; contact us for specifics on single supplements and children's pricing.

10. Air Transport

Flight times we provide are for general guidance only and remain subject to change; current times will appear on your actual ticket, which you must review carefully upon receipt. We are not responsible for notifying you of flight changes, monitoring your flight status is your responsibility. If your flight was suggested by a cruise line and is later changed, we are not responsible.

Our responsibilities regarding air travel are limited by the operating airline's own Contract of Carriage, publicly available on the airline's website and at its offices. We cannot specify aircraft type or guarantee seat assignments, and we are not responsible for losses arising from cancelled flights, seating issues, or itinerary changes made by the airline. Airlines may change flight times, aircraft, or the operating carrier at any time; such changes do not constitute a material change to your Trip and do not entitle you to cancel without incurring the usual charges. If a flight is delayed or cancelled, you are responsible for coordinating with the airline to reach your destination. We will not refund any portion of a Trip missed due to flight irregularities, including denied boarding, regardless of cause. Rules governing denied boarding compensation are available at ticket counters and in the Contract of Carriage. The airline actually operating your flight may differ from the one shown on our website.

A direct flight may be non-stop or may include one or more stops under the same flight number. The same applies to connections involving a crew change. Where a connection requires travel to a different airport, allowing sufficient time and covering the cost of that transfer is your responsibility; we are not liable if you miss a connecting flight as a result.

We bear no liability for schedule changes, delays, or cancellations caused by Force Majeure (defined below), or where boarding is refused due to your failure to meet administrative, health, or check-in requirements.

11. Cruises

Shore excursions, ground transportation, and onboard concessions, including gift shops, spas, salons, fitness facilities, climbing walls, golf or art programs, snorkeling, tree climbing, canopy walks, fishing, birdwatching, scuba diving, skiff or panga or zodiac excursions, kayaking, canoeing, paddleboarding, ziplining, biking, horseback riding, and guide or naturalist services, are operated by independent contractors. We do not guarantee the availability, style, or quality of any advertised amenity or service aboard a cruise, all of which remain subject to change without notice.

Ship physicians, nurses, and other onboard medical staff are likewise independent contractors, and we neither supervise nor control their actions nor make any representation about their suitability. You agree that Vhana Expeditions assumes no responsibility and no liability, whether for negligent or intentional acts, omissions, loss, damage, injury, or delay connected to these services, which are offered purely as a convenience and used entirely at your own risk.

All cruise itineraries remain subject to change due to seasonal conditions, including variation in river or tributary water levels affecting access, and navigation routes, timing, and excursions may be adjusted at the captain's discretion.

Confirm check-in timing directly with the cruise line; late arrival may result in denied boarding. If you arrange your own flights or arrive at the destination independently, reaching the designated pick-up point on time is your responsibility, and any additional transfer cost incurred to catch up with a departed ship is yours to bear, not ours.

12. Activities Offered During Your Trip

Certain Trip activities are physically demanding or interactive and require good health and physical condition to participate safely. Some activities may not suit every age or medical condition. We are not liable for any incident resulting from a lack of care on your part.

Activities described in Trip materials may occasionally be unavailable due to weather, Force Majeure, off season timing, or insufficient participant numbers. Facilities such as restaurants or pools may close for maintenance during low season, and entertainment or sports offerings may vary based on occupancy and conditions. During high season, equipment such as loungers or sports gear may be in short supply. Business hours for bars, restaurants, and similar venues depend on local management. We are not liable for activities unavailable for any of these reasons or any other reason beyond our control.

a. Safaris. Safaris may involve travel to remote areas and close proximity to wild animals and other natural or manmade hazards. We are not responsible in the event of an animal encounter, attack, or other hazard. Ensuring your own safety during a Safari is your responsibility, and we are not liable for any attack, injury, death, illness, loss or damage to property, or other incident arising from the unpredictable nature of wildlife or the surrounding environment. Medical help may be distant or limited even once reached. Following all safety guidance provided for your chosen activities at all times is essential.

b. General Wildlife Viewing. Wildlife sightings cannot be guaranteed given the unpredictable nature of animal behavior. Any animals referenced in Trip materials are illustrative examples of the local habitat, not a guarantee of sightings.

YOU ACKNOWLEDGE THAT PARTICIPATION IN ANY ACTIVITY MAY BE HAZARDOUS, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, VHANA EXPEDITIONS BEARS NO LIABILITY FOR PERSONAL INJURY, DEATH, LOST OR DAMAGED PROPERTY, OR ANY OTHER LIABILITY CONNECTED TO SUCH ACTIVITY.

13. Travelers with Special Needs or Disabilities

If you require special accommodation, such as a wheelchair accessible room or permission to travel with a service animal, you must contact the relevant Service providers directly, in advance, to confirm they can meet your needs. Depending on that provider's own policies, your booking may be modified, cancelled, or refunded if the need cannot be accommodated. Vhana Expeditions does not guarantee that any Accommodation, cruise vessel, activity provider, or facility advertised on our site can meet the needs of disabled Travelers.

14. Age, Fitness and Participation

1. Every Traveler is responsible for assessing whether their physical fitness meets the demands of their chosen Itinerary before booking.
2. Travelers over 60, or those with pre-existing physical or medical conditions, should consult a physician before booking an Itinerary involving mountainous or jungle regions.
3. Where a Trip includes any boat based cruise, excursion, or transfer, Traveler must disclose at booking if they are unable to swim. This will not exclude the Traveler from the Trip, but allows Vhana Expeditions to take appropriate additional safety precautions.
4. Vhana Expeditions reserves the absolute right to decline any booking at its discretion. Travelers agree to accept the authority of Vhana Expeditions staff, tour leaders, and agents while on Trip. Where such a representative believes a Traveler's health or conduct threatens the safe or enjoyable progress of the Trip, that Traveler may be excluded from all or part of it.

15. Medical and Physical Conditions

Any Traveler with an illness, disability, or ongoing medical treatment must disclose the true nature of that condition at booking and arrange for any medication or care needed during the Trip. Failure to disclose constitutes a breach of this Agreement and may result in exclusion from the Trip without refund.

Traveler is responsible for managing their own medications and medical, physical, or allergy related needs throughout the Trip, including carrying backup medication and any necessary emergency supplies such as an EpiPen. Vhana Expeditions is not responsible for injury or the worsening of a medical condition during the Trip.

16. Medical Emergencies

The quality and availability of medical care varies by region and is outside our control. In some destinations, medical facilities are limited or unavailable, and evacuation may be slow, difficult, and costly. We are not responsible for the cost of medical treatment received during your Trip and assume no liability for the care, or lack of care, you receive.

YOU ARE RESPONSIBLE FOR ALL RISKS AND COSTS ASSOCIATED WITH ANY MEDICAL TREATMENT OR EVACUATION DURING YOUR TRIP. Traveler releases Vhana Expeditions from liability for such care, however arranged, and agrees to bear all associated expenses.

17. Travel Insurance

We strongly recommend purchasing travel insurance immediately upon booking, at minimum covering emergency medical evacuation, trip delay or interruption, baggage loss, and repatriation. Declining insurance means you personally assume the financial risk of losses that may include: a nonrefundable Trip lost to a cancelled flight; a cancellation due to illness; being stranded by a natural disaster; a Supplier's bankruptcy (unless paid by credit card); a terrorist incident or civil unrest at your destination; a medical emergency requiring evacuation; lost luggage containing medication; or theft of your passport and funds while traveling.

Where cancellation results from illness, injury, or death to you or an immediate family member, trip cancellation coverage may protect some or all payments, depending on your policy. Cancellation and interruption penalties under this Agreement are significant, and purchasing coverage late may limit protection for pre-existing conditions. Some countries require proof of insurance for entry; without it, entry may be denied (see Section 7).

Optional coverage is available through our recommended provider. Any questions about coverage should be directed to the insurer directly. Selecting, understanding, and purchasing adequate coverage is Traveler's sole responsibility, and Traveler agrees Vhana Expeditions bears no responsibility for uninsured losses.

18. Cancellation, Substitution, and Alteration Policies

a. Cancellations and Alterations Attributable to Traveler

1. The Trip deposit is 100% non-refundable.
2. Certain components, including flights, cruise deposits, hotels, Inca Trail bookings, and any other Service requiring full advance payment, are 100% non-refundable under our Suppliers' own policies.
3. Any other booking cancelled fewer than 100 days before departure forfeits the full deposit and final payment. A no-show is treated identically to a cancellation inside this window, regardless of the reason.
4. Traveler may cancel at any time by written notice to Vhana Expeditions; the cancellation date is the date we receive that notice. We will provide documentation, such as a cancellation letter, to support any travel insurance claim.
5. Where part of a group booking is cancelled, remaining Travelers may incur additional charges such as under-occupancy or single supplement fees.
6. A single date change may be permitted in genuine emergencies, subject to our local Suppliers' policies, via written request submitted at least 100 days before the original travel date. Approval is entirely at Vhana Expeditions' discretion. If approved, full payment remains due based on the original booking's payment schedule, the new date may only apply to the exact Services originally booked (no downgrades or promotional pricing), no compensation will be provided for any change in value, and the new date must fall within one year of the original. A change incurs an administrative fee of up to $250 per person, in addition to any Supplier fees or rate increases. Any subsequent cancellation after a permitted date change results in full forfeiture of all payments, without exception.

b. Substitution of Travelers. A booking may be transferred to another suitable person if written notice is given at least 30 days before departure, subject to a $150 administration fee plus any Supplier costs. Airfare cannot be substituted.

c. Cancellations and Alterations Attributable to Vhana Expeditions or Force Majeure. Where circumstances beyond our control arise, including weather, water levels, political or environmental change, pandemic, equipment or mechanical failure, or flight rescheduling (collectively, "Force Majeure"), we may change or cancel confirmed bookings. While changes are avoided wherever possible, we reserve the right to substitute arrangements of comparable value or issue a credit equal to payments made, less transaction fees, without further compensation. We may adjust the Itinerary, transport mode, or Accommodation quality without prior notice, and we accept no liability for lost enjoyment resulting from such changes, though we will provide notice where reasonably possible.

Additional costs arising from a Force Majeure related delay, postponement, or itinerary adjustment are the Traveler's responsibility. Traveler accepts that cruise captains retain full authority to modify itineraries for passenger and vessel safety.

Where a Major Change (distinct from the adjustments described above) is known at booking, the Client will be told immediately; where one arises after booking, we will notify the Client as soon as reasonably possible. Except where the Major Change results from Force Majeure, the Client may accept the new arrangement, choose a different available Tour, or cancel for a full refund.

19. Chargebacks

For card payments, Vhana Expeditions is the merchant of record. Our role is to facilitate payment to the actual Suppliers named in your Itinerary, cruise lines, airlines, lodging providers, local hosts, tour operators, transport companies, guides, restaurants, and entertainment providers.

CHARGEBACKS SHOULD NOT BE FILED FOR ANY REASON, including a Supplier's act or omission, a cancellation, or any Force Majeure event. Any chargeback filed by Traveler will be disputed and the booking treated as a Traveler initiated cancellation under Section 18(a). Where a Supplier fails to deliver a Service or ceases operating, your recourse lies against that Supplier, not against Vhana Expeditions.

20. Local Customs, Laws, and Travel Risks

Travel under this Agreement takes you to foreign countries with customs, laws, standards, and risks that differ from what you may be used to. Traveler accepts that unexpected circumstances, local shortages, unpredictable weather, and the general unpredictability of travel are part of the experience, and agrees to release Vhana Expeditions from liability arising from such circumstances.

Travelers must obey all local laws, including those concerning alcohol and controlled substances. We are not liable for costs or damages resulting from a Traveler's failure to comply with local, provincial, or federal law.

While most travel proceeds without incident, some destinations carry greater risk than others, and you assume sole responsibility for your own safety at every destination visited. We do not guarantee your safety and assume no obligation to gather or provide destination risk information. BY OFFERING OR ARRANGING TRAVEL TO A GIVEN DESTINATION, WE DO NOT REPRESENT THAT SUCH TRAVEL IS SAFE OR ADVISABLE, AND WE ARE NOT LIABLE FOR ANY RESULTING LOSS OR DAMAGE.

21. Legal Compliance and Proper Conduct

Traveler's participation in a Tour may be terminated mid Trip if disciplined by civil or criminal authorities, by an Accommodation or transport Supplier, or if Vhana Expeditions determines, in its sole discretion, that the Traveler's conduct threatens the safety, welfare, or interests of other Travelers, Vendors, or their staff. In such a case, Traveler is responsible for arranging and paying for their own return travel and lodging.

22. Marketing Materials and Illustrative Photos

We aim to represent our Services realistically through photographs and illustrations, but these images are for illustration only. They are not contractual and should not be treated as a guarantee of the exact conditions you will experience.

23. Use of Information

We may use Traveler statements, testimonials, and photographs in our marketing materials, online, on social media, and in print, to promote Vhana Expeditions. By booking, you consent to this use without compensation and grant Vhana Expeditions a non-revocable license to use your likeness and statements for these purposes.

24. Traveler Complaints

Any complaint about your Trip should be raised promptly with your Tour leader or a Vhana Expeditions representative while still on Trip, so we have a genuine opportunity to resolve it. If the issue remains unresolved, a written complaint must reach Vhana Expeditions within 28 days of the Tour's completion.

25. Force Majeure

Vhana Expeditions is not responsible for any failure to perform under this Agreement caused by Force Majeure, meaning any event beyond our reasonable control, including severe weather, fire, flood, mudslide, earthquake, war, labor action, political unrest, natural or nuclear disaster, epidemic or pandemic, an advisory or alert from the World Health Organization, CDC, or U.S. State Department, government order, utility interruption, terrorism, or mechanical or technical failure, or any other event Vhana Expeditions reasonably deems a threat to Traveler safety. We reserve the right to cancel any Service under these circumstances.

26. Limitation of Liability

IN NO EVENT WILL VHANA EXPEDITIONS BE LIABLE FOR CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST OPPORTUNITY OR OTHER PECUNIARY LOSS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE LEGAL THEORY ASSERTED. VHANA EXPEDITIONS' TOTAL AGGREGATE LIABILITY TO ANY TRAVELER UNDER THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT PAID BY THAT TRAVELER TO VHANA EXPEDITIONS.

VHANA EXPEDITIONS ACTS SOLELY AS AN AGENT FOR THE SUPPLIERS OF ALL TRIPS, SERVICES, AND ACCOMMODATIONS WE ADVERTISE OR SELL. THESE SUPPLIERS ARE INDEPENDENT THIRD PARTIES, AND VHANA EXPEDITIONS HOLDS NO OWNERSHIP, MANAGEMENT, OR CONTROL INTEREST IN THEM. TO THE FULLEST EXTENT PERMITTED BY LAW, VHANA EXPEDITIONS DOES NOT ASSUME LIABILITY FOR INJURY, DAMAGE, DEATH, LOSS, ACCIDENT, OR DELAY ARISING FROM THE ACT OR OMISSION OF ANY THIRD PARTY, INCLUDING SUPPLIERS, ANY GOVERNMENTAL AUTHORITY, OR YOUR OWN ACTS, INCLUDING NEGLIGENT OR RECKLESS CONDUCT.

27. Disclaimer of Warranties

UNLESS STATED OTHERWISE, ALL SERVICES OFFERED BY VHANA EXPEDITIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, VHANA EXPEDITIONS DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, UNINTERRUPTED SERVICE, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR TRADE USAGE. Some jurisdictions do not permit the exclusion of implied warranties, so these exclusions may not apply to you.

28. Indemnification and Release

Except as otherwise stated here, Traveler releases Vhana Expeditions from all liability, loss, expense, damage, or claim arising from participation in a Trip, whether caused by the negligence or misconduct of Traveler, a Service provider, an Accommodation provider, another third party, or otherwise.

Traveler further agrees to indemnify, defend, and hold harmless Vhana Expeditions against any claim, damage, loss, liability, cost, or expense, including reasonable attorney's fees, arising from Traveler's participation in a Trip or performance of this Agreement.

29. Disputes: Binding Arbitration, Governing Law, Jurisdiction, and Venue

This Agreement and your relationship with Vhana Expeditions are governed by the laws of the State of [State], without regard to conflict of law principles.

You and Vhana Expeditions will first attempt in good faith to resolve, through direct negotiation, any dispute concerning a Trip, our Services, card charges, our website, our promotional materials, or this Agreement (a "Dispute"). If negotiation fails, the Dispute will be resolved exclusively through binding arbitration in [City, State], before a single arbitrator, administered by JAMS under its Comprehensive Arbitration Rules and Procedures, including its Expedited Procedures. The arbitrator's ruling is final and binding and may be entered as a judgment. A party who fails to proceed with arbitration will be liable for the other party's costs, including reasonable attorney's fees, incurred to compel arbitration. This provision does not prevent either party from seeking an injunction or other provisional remedy, though doing so waives that party's right to compel arbitration of the underlying Dispute.

You and Vhana Expeditions consent to the personal jurisdiction of the federal and state courts located in [City, State] for any proceeding relating to this arbitration clause or a Dispute, and agree that venue for any such proceeding lies exclusively in those courts. Neither party will argue lack of personal jurisdiction, improper venue, or unenforceability of this Agreement in such a proceeding. BY ACCEPTING THIS AGREEMENT, YOU AND VHANA EXPEDITIONS EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION FOR ANY CLAIM SUBJECT TO THIS ARBITRATION PROVISION.

30. Attorney's Fees, Costs, and Expenses of Suit

In any legal or equitable action, including a declaratory judgment action or arbitration, brought to enforce or interpret this Agreement, a Trip, our website, or our promotional materials, the prevailing party is entitled to recover reasonable attorney's fees, costs, and expenses.

31. Notices

Notices under this Agreement must be given as follows:

1. To Vhana Expeditions, by certified mail, return receipt requested, to:
   
   Vhana Expeditions
   [Vhana Expeditions Business Address]
   
   or by email to hello@vhanaexpeditions.com.
2. To Traveler, at the email or physical address provided during registration.
3. Notice is deemed given upon personal delivery, upon confirmed receipt of an email, or three (3) days after mailing by certified or registered mail, postage prepaid.

32. Seller of Travel Registration Information

Vhana Expeditions is registered as a Seller of Travel with [State], Registration No. [Vhana Expeditions Registration Number].

33. SMS Messaging

By opting in to SMS messages from Vhana Expeditions, you agree to receive transactional and informational texts related to your inquiry, including booking updates, itinerary details, and service follow ups, potentially sent via automated dialing system to the number you provide. Consent to receive texts is not required as a condition of purchase.

• Message and data rates may apply.
• Message frequency varies based on your activity with us.
• Reply STOP at any time to opt out; you will receive one confirmation message, after which no further messages will be sent.
• Reply HELP for assistance, or contact us at hello@vhanaexpeditions.com or +1 786 591 9700.
• Vhana Expeditions, its providers, and mobile carriers (such as AT&T, Verizon, and T-Mobile) are not responsible for delayed or undelivered messages.

See our Privacy Policy for further detail on how we collect and use your information.

34. Assignment

Traveler may not assign any right or obligation under this Agreement without Vhana Expeditions' prior written consent.

35. Severability and Survivability

If any provision of this Agreement is found unlawful, void, or unenforceable, that provision will be severed without affecting the remaining provisions, and the parties will substitute a valid provision that most closely reflects the original's intent and economic effect.

Any provision intended to survive termination or expiration of this Agreement will continue to apply notwithstanding termination or expiration, or any general legal principle to the contrary.

36. Waiver

Neither party's delay or failure to exercise any right under this Agreement waives that right going forward, and no single waiver constitutes an ongoing or future waiver. Vhana Expeditions does not guarantee enforcement action against every breach of this Agreement. No waiver, modification, or amendment is effective unless made in writing and signed by both parties.