Odyssey Safaris Terms And Conditions
TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) govern access to odysseysafaris.com, and bookings and safari travel arranged or provided by Odyssey Safaris LLC (“Odyssey,” “we,” “us,” or “our”). Website visitors must use the site lawfully; the Booking provisions apply to Travelers who affirmatively accept these Terms when booking.
BETWEEN: Odyssey Safaris LLC (“Odyssey,” “our,” “us,” or “we”)
AND: The adult who accepts a quotation or makes a Booking (“you” or “your”), on the terms stated below.
(each a “Party” and, together, the “Parties”).
The Parties agree as set out below.
These Terms become effective when you sign or electronically accept them as part of your Booking. Payment alone will not substitute for the affirmative acceptance we request. The Terms apply to the Booking and survive completion or cancellation where their provisions so require.
We may update the version published on our website. Changes to an accepted Booking apply only if you agree to them or if a change is required by law. We will retain the accepted version and evidence of your acceptance.
DEFINITIONS
“Booking” means a reservation made by Odyssey regarding your Travel Services.
“Supplier” means a party who provides Travel Services to Travelers.
“Traveler” means you or any other traveler on the same Booking.
“Travel Services” means safari travel products and services arranged or provided by Odyssey or by independent Suppliers, including air, land, or water transportation, lodging, vehicle rentals, tours, excursions, entertainment, food and drink services, and similar products and services, included in a Booking.
“Trip” means the safari itinerary and all Travel Services included in a Booking.
“Trip Documentation” means the documentation and communications we provide to you with details and pricing regarding your Trip.
TRAVELER OBLIGATIONS
Each Traveler agrees to:
(1) carefully read and understand these Terms, any Travel Client Agreement or other agreement between the Parties, your Trip Documentation, and all correspondence between you and us regarding your Trip;
(2) notify us promptly, and in any event within a reasonable time after receipt, of any errors or omissions in your Trip Documentation;
(3) contact us to arrange your Trip sufficiently prior to travel dates to ensure availability, avoid late-Booking fees, and avoid fare increases;
(4) make all deposits and payments per the schedules and dates set out in your Trip Documentation; and
(5) review, remain aware, and remain up to date regarding travel warnings relating to your Trip by accessing the U.S. governmental travel advisory sites, as set out in these Terms.
You warrant that you are 18 years of age or older and have authority to sign and accept these Terms on behalf of all minor and adult Travelers on the same Booking for whom you have legal authority to act; you must obtain each other adult Traveler’s separate acceptance unless you have actual authority to bind that person.
If you do not understand any part of these Terms, please contact us in writing as soon as possible.
WEBSITE ACCESS AND CONTENT
The website offers destination information, itineraries, photographs, and inquiry tools. Content is provided for general information; availability and Trip prices are confirmed only in an accepted quotation. You may not copy, scrape, republish, interfere with, or use our content and marks for commercial purposes without written permission, except as permitted by law.
You must not submit unlawful, misleading, infringing, or harmful content through our website or attempt unauthorized access. Links to independent websites do not imply that Odyssey controls their content or practices. Our Privacy Policy explains how we handle personal information collected through the site.
SUPPLIERS
Odyssey designs, arranges, and coordinates customized safaris and may provide some services directly or through its personnel or affiliated operations. Airlines, lodges, camps, hotels, local guides, vehicle and transfer providers, and other independent Suppliers provide other Travel Services under their own operational control. The applicable quotation or Trip Documentation should identify material services and the responsible provider. Nothing in these Terms eliminates Odyssey’s responsibility for its own acts or obligations under applicable law.
To the extent permitted by law, Odyssey is not responsible for an independent Supplier’s breach of contract, changes to Travel Services or routes, failure to comply with laws or regulations, or willful or negligent acts or omissions, which may result in price increases, delays, inconvenience, damage, loss, costs, injury, or death to Travelers or companions.
Suppliers operate under their own terms and conditions, which are separate from these Terms. Your Trip Documentation will disclose any material Supplier cancellation or refund terms that differ from these Terms before you commit to the affected Travel Services. You are not a party to Odyssey’s commercial agreements with Suppliers and are not required to pay Suppliers directly unless a separate payment obligation is expressly disclosed and accepted by you. Your Trip Documentation will identify the applicable Suppliers where practicable. By paying for Travel Services, you consent to the use of those Suppliers.
Please read the Supplier terms and conditions disclosed to you carefully. You are responsible for understanding and complying with the applicable terms governing your use of each Supplier’s Travel Services, including:
(1) any separate payment obligation expressly disclosed and accepted by you; and
(2) rules and restrictions regarding the availability and use of Travel Services, including baggage allowances, check-in/check-out times, and age or height restrictions. Any questions about a Supplier’s terms and conditions may be addressed to Odyssey, which will coordinate with the Supplier of a specific Travel Service as appropriate.
You understand that any violation of Supplier terms may result in denied access to Travel Services, cancellation of reservations, and forfeiture of any amounts paid by you. If such violation results in costs to Odyssey, you agree to promptly reimburse Odyssey for all such costs. Suppliers may require you to sign a liability waiver prior to participating in their Travel Services.
If a Supplier declares bankruptcy, it may not be obligated to transport you or to provide refunds. Following bankruptcy, Suppliers may continue to provide all or some Travel Services or they may stop operations. In such case, other Suppliers may, but are not required to, provide alternative travel services to you. Refunds or credits following a Supplier bankruptcy depend on the amounts Odyssey actually receives, the applicable booking terms, and applicable law. Odyssey has no special knowledge about the financial condition of any Supplier.
Odyssey will communicate available Trip credits or refunds in good faith. All Supplier promotions, incentives, prices, and offers are subject to Supplier availability, which may change at any time without notice.
TRAVEL RISK & INSURANCE
Odyssey is not an insurance agent or provider. We advise travelers of the availability of travel insurance, which third-party insurance agents and providers offer to travelers in exchange for fees.
We recommend that you buy such insurance to cover each Traveler. If you have any questions or if you have not received information on the availability of such insurance, please contact us as soon as possible.
You understand that your Trip may involve:
(1) inherent risks and unplanned events;
(2) fees for changes and cancellations; and
(3) other unexpected costs, some of which may be NON-REFUNDABLE.
You are responsible for choosing to buy (or not to buy) travel insurance.
If you choose to buy travel insurance:
(1) you are responsible for reading and understanding all details and terms regarding your itineraries and insurance coverages;
(2) you understand that insurance covers only those things expressly stated in each policy;
(3) you understand that insurance policies may include restrictions or pricing policies based, for example, on the type and location of travel or the time of purchase; and
(4) you understand insurance policies may exclude coverage for matters such as pre-existing medical conditions, travel interruptions relating to any pandemic or epidemic, and risk activities and locations.
If you choose not to buy travel insurance:
(1) you accept all risks relating to your travel;
(2) you may lose up to 100% of the cost of travel bookings, plus any cancellation and related fees charged by Odyssey and third-party suppliers; and
(3) you waive insurance protection relating to your travel, including without limitation, changes and cancellations; baggage delays and loss; supplier defaults; medical costs; and accidents and emergencies; and any other damage, loss, cost, injury, and death relating to your travel.
Your decision to purchase or decline travel insurance does not change any right or remedy that cannot lawfully be waived.
This section will survive termination of these Terms.
TRAVEL INSURANCE ACKNOWLEDGMENT
I have read and understand this TRAVEL RISK & INSURANCE section, including the recommendation to obtain travel insurance and the potential costs of traveling without it. My current election is (select one): [ ] I intend to obtain travel insurance; [ ] I decline travel insurance at this time. This acknowledgment does not confirm that coverage is in place; coverage is governed by the insurer’s issued policy. My election does not waive any right or remedy that cannot lawfully be waived.
Traveler name: ____________________ Signature: ____________________ Date: ____________________
PERSONAL INFORMATION
To arrange and support your Trip, Odyssey may collect and share necessary personal information with independent Suppliers and service providers as described in our Privacy Policy. Where law requires a separate consent, we will request it. Such personal information may include birth dates, passport numbers, travel dates, occupation, frequent flyer information, bank accounts, credit cards, and other information needed to secure travel arrangements.
Odyssey handles information in accordance with its Privacy Policy and applicable law. Independent recipients may have their own privacy practices. Please review our Privacy Policy for retention, international transfers, and your rights.
SOCIAL MEDIA
We will seek your permission before using an identifiable Traveler’s name, image, likeness, testimonial, photo, audio, or video recording for marketing, unless the Traveler supplied the material for that purpose. An adult with authority must consent for a minor. We may use material you authorize in the agreed media and may remove it from our own channels upon a reasonable request, subject to materials already distributed.
PRICING & INCLUSIONS
Quoted prices are based on the precise inclusions we provide to you in the Trip Documentation.
Unless specifically itemized in the Trip Documentation, prices do not include other travel costs, fees, or taxes, including:
(1) fees imposed by or for airports, ports, stations, security, agriculture, customs, immigration, visas, passports, or any other government-imposed fees or taxes; or
(2) fees for meals, beverages, alcohol, minibars, entertainment, seat assignments, upgrades, excursions, hospitality, gratuities, copies, telecommunications, energy, laundry, cleaning, bedding, parking, valet, insurance, taxis, transfers, porterage, departures, travel segments, health, medical treatment or tests, vaccinations, pharmaceuticals, or any other personal charges.
Supplier prices and availability may change until the applicable reservation is confirmed. Any additional price after confirmation, including a fuel or government surcharge, will be communicated to you with the reason and any choices required by applicable law or your Booking terms.
Odyssey has no responsibility for:
(1) transparency or disclosure by any third party regarding its pricing;
(2) price changes or variable fees;
(3) currency exchange fluctuations; or
(4) charges relating to foreign-currency transactions.
We may correct an obvious pricing error before confirming a Booking and will explain any material change before charging you.
PAYMENT
You must pay a deposit equal to 25% of the quoted Trip price at Booking, plus any remaining amount needed to pay 100% of any airfare cost included in the Booking, and the remaining balance 60 days before departure, unless the accepted quotation or Trip Documentation expressly states a different schedule. If a Booking is made fewer than 60 days before departure, the full balance is due when you accept the Booking. Airfare payments are credited toward the total Trip price and will not be collected twice. The Trip deposit is refundable as described in CHANGES, CANCELLATIONS, REFUNDS; it is not automatically forfeited in full merely because you cancel. Odyssey will send an invoice before the 60-day balance due date, and you are responsible for making the payment through the payment portal by that date. Odyssey will identify any additional non-refundable Supplier deposit before you commit where reasonably available. If you do not pay on time, we may suspend or cancel unconfirmed or confirmed arrangements after giving reasonable notice where practicable; applicable cancellation charges and Supplier costs may apply.
You are responsible for the reasonably foreseeable consequences of your late payment or non-payment, subject to applicable law.
Odyssey collects Trip deposits and balances and may pay independent Suppliers on your behalf or as principal, as specified in the applicable Booking. Refunds and credits are governed by the accepted Booking terms, the Supplier terms disclosed to you, and applicable law.
Your payments are in U.S. dollars unless we notify you otherwise. Payments in currency other than U.S. dollars will be converted at then-current exchange rates. Odyssey payments to Suppliers will be converted at then-current exchange rates between U.S. dollars and the currency in Supplier’s country.
CREDIT & DEBIT CARDS
By submitting your credit or debit card (“Card”) to us, you confirm that:
(1) you are an authorized user of that Card;
(2) you authorize us, or our agents, to charge your Card only for payments you initiate through the payment portal or otherwise expressly authorize, including services you purchase during your Trip. We do not automatically charge your Card for the balance due 60 days before departure; and
(3) you authorize us, or our agents, to credit to your Card any amounts charged in error or any refunds due to you, subject to applicable payment-provider requirements.
You are responsible for all costs, including costs of recovery, relating to the following:
(1) if you provide to us an incorrect Card number;
(2) if our valid charges to your Card are declined;
(3) if your Card has insufficient funds on payment dates agreed in your Trip Documentation; and
(4) if your Card account is closed or expires before you pay all amounts agreed in your Trip Documentation.
In any such event, you agree we have a right to suspend or cancel any Booking, and we have no obligation to refund amounts paid by you if we suspend or cancel any Booking.
CHARGEBACKS
If you believe a charge is incorrect or a service was not provided as agreed, please notify us promptly in writing so we can investigate and propose a resolution. Nothing in these Terms limits any statutory chargeback or payment dispute right, or your right to report unauthorized charges to your card issuer.
When reasonably practicable, please contact us before initiating a payment dispute and provide the Booking number, disputed amount, and reason. This request does not extend a card-network deadline or restrict a right that cannot lawfully be waived.
If a payment dispute is resolved in our favor, amounts properly due under your accepted Booking remain payable. We may recover reasonable collection costs to the extent expressly permitted by applicable law and your Booking terms.
This section will survive termination of these Terms.
CHANGES, CANCELLATIONS, REFUNDS
You agree to comply with Supplier terms disclosed to you relating to change or cancellation of Bookings. Supplier terms may not allow refunds if you change, cancel, partially use, or do not use Travel Services for any reason, including actual, threatened, or fear of potential health matters, pandemics, epidemics, weather conditions, terrorism, political unrest, or similar circumstances.
If you change a Booking, Odyssey does not charge its own change fee. You are responsible only for applicable Supplier fees, charges, or penalties disclosed to you for the change. If you cancel a Booking, you are subject to:
A non-refundable Odyssey cancellation fee of USD 500 per person invoiced, except when the 100% cancellation rate below applies, to the extent disclosed before Booking and permitted by law
Plus any applicable Supplier fees, charges, or penalties disclosed in the applicable Booking documents or Supplier terms, without duplicating any amount already included in the cancellation charge
Cancellation fees are assessed based on the number of days prior to departure:
The following percentages apply to the total retail tour rate for cancellations received during the stated period. The USD 500 fee per person invoiced is additional to the 25%, 50%, and 75% cancellation rates, but is not added when the 100% cancellation rate applies. Applicable independently assessed Supplier charges are additional only to the extent disclosed to you and not already included in the cancellation charge. Odyssey will not collect the same cost twice.
59–30 days prior to departure: 25% of the total retail tour rate
29–15 days prior to departure: 50% of the total retail tour rate
14–8 days prior to departure: 75% of the total retail tour rate
7 days or less prior to departure: 100% of the total retail tour rate
For a cancellation 60 days or more before departure, your deposit is refundable less the USD 500 fee per person invoiced and applicable Supplier fees, charges, or penalties disclosed to you, including non-refundable airfare. No percentage cancellation charge applies during this period, and the balance of amounts paid will be refunded. For a cancellation fewer than 60 days before departure, the percentage cancellation schedule above applies in addition to the other charges stated above. Cancellation dates are measured by when Odyssey receives written notice. Any refund owed by Odyssey will be processed after amounts and penalties are determined, subject to applicable law.
Trip cancellation insurance is strongly recommended.
For any airfare, the airline’s terms of carriage will apply. Unless otherwise specified, all international and internal airfare is non-refundable after ticketing and subject to a 100% cancellation charge if canceled or unused.
We may modify or cancel a Trip when an agreed minimum occupancy is not met, or when a material safety, availability, conservation, government, weather, or other circumstance requires a change. We will notify you as soon as reasonably practicable, explain available alternatives or refunds, and comply with applicable law. If we modify or cancel any Booking or Trip per the above:
(1) we will provide you reasonable notice and the reasons for such change; and
(2) you understand that independent bookings made outside of these Terms, including airline, rail, and other travel services, may be NON-REFUNDABLE and that Odyssey has no responsibility for such bookings.
If you have any claim for refund or adjustment regarding your Trip, you agree to deliver it to Odyssey in writing, including full details and documentation regarding the background, rationale, and proof of payment.
This section will survive termination of these Terms.
NO SHOWS
Traveler’s failure to travel or show up for any Booking will be considered a “no show.” No shows are subject to:
(1) cancellation fees of Odyssey under CHANGES, CANCELLATIONS, REFUNDS; and
(2) Supplier terms, which may include change fees, cancellation fees, and other penalties up to the entire cost of Bookings and Travel Services. Odyssey will communicate any applicable Supplier fees or penalties to you. Traveler is responsible for and agrees to pay such disclosed fees and penalties, without duplicating any amount already included in the cancellation charge.
ACCOMMODATIONS
Lodging accommodations are subject to availability at the time of reservation or check-in. Some Suppliers require NON-REFUNDABLE and NON-TRANSFERABLE deposits to guarantee a Booking. In such cases, Odyssey will notify you regarding the NON-REFUNDABLE pre-payment for that portion of your Trip.
Lodging amenities including air conditioning, elevators, bed size, connecting or adjacent rooms, handicap accessibility, restaurants, bars, fitness facilities, pools, and spas are not guaranteed at all properties and are not guaranteed to be operational or available during your stay. Refunds regarding amenities are the responsibility of the Supplier.
AIR TRAVEL
Suppliers may require tickets to be paid in full at the time of Booking. Airline tickets, once purchased, may be NON-REFUNDABLE and NON-TRANSFERABLE, subject to Supplier terms and conditions.
Supplier policies and requirements may differ between domestic and international flights, including fare refundability, transferability, recommended airport arrival times, advanced check-in times, airline ancillary services, and baggage allowances, all of which are subject to change.
Seat assignments are based on availability at the time of selection and payment. Airlines may change seat assignments and aircraft or address other operational matters at any time. Odyssey cannot guarantee seats in specific locations or next to each other.
Airline seat assignments, baggage and carry-ons, and airline ancillary services such as meals, drinks, entertainment, Wi-Fi, and other services may be subject to additional fees. Airlines may consider a name-change to be a cancellation.
You are responsible for confirming in advance:
(1) airline policies and restrictions;
(2) availability of airline ancillary services; and
(3) paying all related fees.
You agree to comply with safety guidelines of all airlines and hold Odyssey harmless from any liability relating to airline policies, operations, or fees.
Odyssey is not responsible for any:
(1) fees imposed by airlines for services;
(2) changes to aircraft or seat assignments after selection and payment;
(3) loss, injury, accident, error, or omission that may occur, including schedule changes, delays, cancellations, and expenses due to weather conditions, airline operations, or equipment repair or failure; or
(4) other matters beyond Odyssey’s control.
TRAVELER CONDUCT
You are responsible for:
(1) any damage or loss caused by your acts or omissions; and
(2) full payment for any such damage or loss directly to Odyssey or any third party.
Odyssey is not responsible for any costs relating to:
(1) Traveler conduct; or
(2) Traveler removal from any Travel Services, in whole or part, whether based on Traveler negligence, willful misconduct, or otherwise. You agree not to hold Odyssey, its owners, directors, employees, agents, or representatives accountable for any claims arising from Traveler acts or omissions.
Any Authorized Party may, acting reasonably to protect safety or comply with law, refuse you any Travel Service, require you to leave any Travel Service, or require you to disembark any mode of transportation if the Authorized Party reasonably believes:
(1) you are a danger to yourself or any other participant;
(2) you have engaged in, are engaged in, or are threatening to engage in behavior that is socially disruptive, verbally abusive, physically abusive, obnoxious, harassing, discriminatory, obscene, contrary to applicable law, or any other behavior that may adversely affect the safety, security, comfort, enjoyment, or well-being of any other Traveler, any Authorized Party, or any third party; or
(3) you do not follow any rule, procedure, or instruction of an Authorized Party.
If you are subject to any such determination of an Authorized Party:
(1) you may be left at any location, city, port, or place any mode of transport stops;
(2) you will be solely responsible for all costs relating to your subsequent subsistence, accommodation, and transportation;
(3) refunds will be determined under the applicable Booking and Supplier terms and applicable law; and
(4) each Authorized Party retains any responsibility that cannot lawfully be excluded.
“Authorized Party” means Odyssey or any Supplier, including owners, directors, employees, agents, and representatives, who provides to you Travel Services or related goods or services, including any ship operator, ship captain, tour operator, tour director, group leader, or crew member.
DISABILITIES & SPECIAL NEEDS
If you have disabilities or special needs that may require non-emergency special services, additional support, or disability accommodations, please advise Odyssey in advance of Booking.
Airlines and other Suppliers may impose charges for additional baggage and may have size restrictions for wheelchairs they can accommodate. If you are unable to use your own wheelchairs, mobility devices, or other medical equipment or devices, rentals may be available, potentially subject to additional charges. If you travel with a service or emotional support animal, Suppliers may require advance arrangements and documentation regarding the animal’s health, training, and related factors.
Countries outside the U.S. often apply different laws, rules, regulations, standards, and accommodations for persons with disabilities or special needs. Travel destinations may have limited medical facilities, limited availability of prescription medications, and limited means to accommodate your disability or special needs. Please consult your health provider prior to planning or Booking your travel.
Odyssey will make all reasonable efforts to request assistance or arrange for appropriate services or equipment regarding Traveler disabilities or special needs. However, Odyssey is not responsible for the failure of Suppliers to meet Traveler needs and expectations.
FOOD ALLERGIES
If you have food allergies or any similar conditions that may cause you harm during your travel (“Food Allergies”), please advise Odyssey in advance of Booking. If any Traveler has Food Allergies, each such Traveler: (1) acknowledges the possibility of an elevated risk of reactions, delays, or disruption during travel; and (2) has sole responsibility for his or her Food Allergies and for performing all due diligence relating to such Food Allergies prior to, during, and following travel. Odyssey is not responsible for an independent Supplier’s failure to meet a request that we accurately conveyed, except to the extent applicable law provides otherwise.
RISK ACTIVITY
If you engage in any activity that may involve any risk of harm to your own or another person’s health or well-being, damage to property, or costs relating to such activity (collectively, “Risk Activity”), you are solely responsible for your decision to engage in, and your involvement with, such Risk Activity.
You assume all risks, costs, losses, liabilities, and claims relating to any Risk Activity. You release Odyssey from claims arising from the inherent risks of a Risk Activity to the extent permitted by law, but do not release claims that cannot lawfully be waived.
Risk Activity includes any activity, or travel to any location, which can reasonably be regarded as inherently dangerous, hazardous, or otherwise having the potential to result in:
(1) the damage to or loss of any property; or
(2) the injury, disability, illness, or death of any person.
Safari travel can involve wildlife encounters, animal behavior, uneven terrain, remote areas, limited emergency response and medical care, small aircraft, road transfers, walking safaris, boating, outdoor activities, political conditions, and rapidly changing weather. Follow the instructions of qualified guides and do not approach or feed wildlife. No wildlife sighting, particular weather, route, or specific facility can be guaranteed.
ILLNESS & INJURY
If you become ill or injured during a Trip, you will bear all responsibility for your well-being and treatment, if required. In such case, you will be responsible for all costs, planning, and logistics regarding alternative travel arrangements. You will not cause a delay or interruption regarding any Trip or otherwise burden other Travelers. Any unused services, changes, or refunds will be handled under the accepted Booking and Supplier terms and applicable law.
BAGGAGE PERSONAL ITEMS
You are solely responsible at all times for your baggage, personal items, and travel documents. Odyssey is not responsible for any damage, loss, delays, or other matters relating to your baggage, personal items, or travel documents.
PASSPORTS, VISAS, MEDICAL DOCUMENTATION
As a general rule, Travelers traveling to or from any international destination must have a valid passport, which must be valid for at least six months beyond a Traveler’s date of return.
Minor Travelers (age 17 and under) traveling without an adult, with a single parent, or with a non-parent adult may be required to carry additional authorizations and documentation (e.g., an affidavit or letter from the other parent).
Each Traveler is responsible for:
(1) taking all actions to obtain in advance all documents needed to enter, exit, or transit any jurisdiction, including passports, visas, and medical and other required documentation;
(2) ensuring all such documentation is current and in your possession; and
(3) remaining familiar with and understanding the rules governing travel in each jurisdiction on your itinerary.
Odyssey is not responsible or liable for:
(1) your failure to update or possess passports, visas, or medical or other documentation that may be required to enter, exit, or transit any jurisdiction; or
(2) determining the validity of your passport, visa, or medical or other documentation required by any jurisdiction.
Refunds in these circumstances are subject to the accepted Booking and Supplier terms and applicable law. We are not responsible for a Traveler’s failure to obtain required documentation to the extent permitted by law.
Even if all travel documents are complete, authorities in any jurisdiction may refuse or restrict entry, exit, or transit. Refusal of entry, exit, or transit may result in cancellation charges under the accepted Booking and Supplier terms, subject to applicable law.
TRAVELER IDENTIFICATION & PROOF OF CITIZENSHIP
The Transportation Security Administration (“TSA”) requires all airline passengers to provide:
(1) Secure Flight Passenger Data (SFPD);
(2) full name as it appears on government-issued identification;
(3) date of birth;
(4) gender; and
(5) redress number (if available).
The name of each Traveler on all reservations and travel documents must match the name as it appears on that Traveler’s government-issued identification.
Traveler is responsible for any fees and expenses that may be incurred due to an incorrect name or the denial of travel resulting from incorrect or non-matching information. Updated information regarding security measures and air travel requirements are available at https://www.tsa.gov/. We strongly recommend that Travelers review this website well before travel.
PANDEMICS, EPIDEMICS, AND TRAVEL ADVISORIES
You are responsible for being aware of any compliance with any restrictions relating to pandemics, epidemics, and other travel advisories.
You warrant that you have reviewed, understand, and will continually check U.S. Center for Disease Control (“CDC”) and U.S. Department of State travel advisories, notices, warnings, restrictions, and rules, including those regarding pandemics, epidemics, and other health threats, which can be navigated via the following links: (1) CDC https://www.cdc.gov/; (2) U.S. Department of State https://www.state.gov/. Government notices and rules may change before your travel, during your travel, and after you return from travel.
You understand that:
(1) certain countries, including the U.S., may require testing and quarantine upon entering the country, as well as testing and quarantine upon returning to the U.S. or your country of residence, including proof of full or partial medical treatments (e.g., vaccination passports);
(2) destination jurisdictions may have limited availability of medical tests required to facilitate return to the U.S. or your country of residence; and
(3) different Suppliers and jurisdictions may have different medical protocols and screening procedures, including mandatory face coverings and temperature checks in public areas such as hotels, airports, aircraft, cruise ships, trains, or other means of transport.
Failure to comply with local laws and medical protocols may impact travel at the cost of Traveler, including:
(1) denial of boarding;
(2) termination of Travel Services;
(3) entry, exit, and transit regarding any jurisdiction; and
(4) return to the U.S. or your country of residence.
Even if a Traveler complies with required local laws and medical protocols, authorities in any jurisdiction may refuse or restrict entry, exit, or transit. Refusal of entry, exit, or transit may result in cancellation charges under the accepted Booking and Supplier terms, subject to applicable law.
CRIMINAL RECORDS
Jurisdictions may restrict entry for persons with criminal records. You are responsible for understanding all destination entry laws and for knowing if you or anyone in your party has a criminal record. Odyssey does not inquire into Traveler criminal records in the interests of privacy.
RESTRICTED PRODUCTS & MATERIALS
You are responsible for knowing, understanding, and complying with applicable laws in each jurisdiction in which you travel or transit regarding possession and use of restricted or illegal products and materials, including:
(1) animals and animal products;
(2) plants, fruits, vegetables, and soil;
(3) cultural artifacts;
(4) alcohol;
(5) tobacco and vapes;
(6) firearms and ammunition;
(7) knives and cutting instruments;
(8) weapons;
(9) flammables and explosives; and
(10) any other products or materials that may be restricted or illegal from time to time (collectively, “Restricted Materials”).
You are responsible for knowing, understanding, and complying with applicable laws in each jurisdiction in which you travel or transit regarding possession and use of drugs, substances, and paraphernalia, including prescription, over-the-counter, and other products and materials, which may be restricted or illegal in some jurisdictions but unrestricted and legal in others (collectively, “Drugs”).
Possession or use of Restricted Materials or Drugs may result in:
(1) immediate termination of Travel Services; and
(2) detainment, prosecution, and incarceration by any government authority.
Local laws may require you to carry evidence of medical prescriptions from a qualified physician.
HAZARDOUS MATERIALS
You are responsible for:
(1) knowing, understanding, and complying with all applicable laws in each jurisdiction in which you travel or transit regarding hazardous materials and insecticides; and
(2) confirming with your airline or other travel provider regarding your itinerary and applicable rules.
All air passengers are prohibited by federal law from bringing hazardous materials aboard aircraft in their baggage or on their person. Violations can result in imprisonment and significant fines under 49 U.S.C. 5124 (see https://www.govinfo.gov/).
Examples include explosives, compressed gases, flammable fluids and solids, oxidizers, poisons, corrosives, radioactive materials, paints, lighter fluid, fireworks, tear gases, oxygen bottles, lithium batteries, and radiopharmaceuticals. Special exceptions apply for small quantities of medical and toilet articles carried in your baggage and on your person.
Restrictions on hazardous materials are listed at: https://www.tsa.gov/. Some foreign airports require treatment of passenger cabins with insecticides prior to or during flights. The U.S. Department of Transportation lists such requirements at: https://www.transportation.gov/.
LIMITATION OF LIABILITY
We design, coordinate, and arrange safaris and may provide certain services ourselves or through affiliated operations. Independent Suppliers provide other Travel Services under their own control.
We do not manage or control the staff, facilities, equipment, or operations of independent Suppliers. Each is responsible for its own services, but this provision does not eliminate Odyssey’s responsibility for its own conduct or an obligation that applicable law assigns to Odyssey.
To the extent permitted by law, we do not guarantee a particular wildlife sighting, weather condition, flight schedule, Supplier availability, or the uninterrupted operation of the website. Specific written commitments in your accepted Booking remain effective.
To the maximum extent permitted by law, Odyssey is not liable for an independent Supplier’s acts or omissions outside its control, but remains responsible for its own acts and legally non-waivable obligations. Nothing here limits liability for conduct that applicable law prohibits us from disclaiming.
We have no liability to you for any indirect, incidental, consequential, punitive, exemplary, or special damages under contract, tort, or other claim of liability, even if we become aware of the possibility of such damages.
To the maximum extent permitted by law, Odyssey’s aggregate liability for claims arising from a Trip will not exceed the total amount you paid directly to Odyssey for that Trip. This limit does not apply where applicable law prohibits the limitation, including liability that cannot lawfully be excluded.
No provision excludes a warranty or remedy that applicable law does not allow us to exclude.
This section will survive termination of these Terms.
INDEMNITY
You agree to indemnify and hold harmless Odyssey and its owners, directors, employees, contractors, agents, representatives, advisors, successors, and assigns from third-party claims, damages, and reasonable costs, including attorney’s fees where permitted by law, arising from your breach of these Terms, unlawful acts, or negligent or intentional misconduct, or the equivalent acts of a Traveler for whom you have authority to accept these Terms, but only to the extent caused by those acts and not by Odyssey’s own wrongful conduct.
This section will survive termination of these Terms.
FORCE MAJEURE
No failure or delay in the performance of any obligation under these Terms will be a breach if that failure or delay arises from a force majeure.
“Force majeure” means:
(1) governmental actions;
(2) fires, floods, storms, pandemics, epidemics, or other acts of God or nature;
(3) wars, terrorism, insurrections, riots, or strikes;
(4) failures of water, power, or communications utilities; or
(5) any other cause beyond the reasonable control of either Party.
If either Party’s performance is prevented or delayed by a force majeure, it will promptly notify the other Party of the circumstances and provide an estimate of impacts. When circumstances permit, the affected Party will resume performance or explain available alternatives.
Unless otherwise required by applicable law:
(1) Odyssey is not liable for delays caused by force majeure to the extent permitted by law, but refunds and credits will be determined under the accepted Booking terms and applicable law; and
(2) if Odyssey or any Supplier is affected by a force majeure, it may make reasonable itinerary changes or cancellations, giving notice as soon as practicable. In such case, the Parties will discuss alternatives and applicable costs before you commit to an optional replacement arrangement.
MISCELLANEOUS
Amendments. These Terms may be amended for an existing Booking only through written agreement, except where required by law.
Assignment. You may not assign any right or obligation under these Terms without Odyssey’s prior written consent, which will not be unreasonably withheld or delayed.
Waiver. No forbearance or delay in enforcing these Terms will prejudice or restrict any rights of you or Odyssey. No waiver of a right will operate as a waiver of any subsequent right. No right is exclusive of any other right, and each right is cumulative.
Severability. If any part of these Terms is found unenforceable, that part will be enforced to the fullest extent permitted by law and the remainder of these Terms will remain fully in force.
Relationship of Parties. These Terms do not create an agent relationship, partnership, joint venture, or employment relationship between or among the Parties. You have no authority to bind Odyssey or incur any obligation on Odyssey’s behalf.
Discretion. While each Party acknowledges its duty of good faith and fair dealing, a Party’s discretion means it may consider its own interests without considering the effect of its decision on the other Party.
Notices. Notices under these Terms will be in writing and deemed given when sent receipt confirmed to the receiving Party’s email or other address provided under these Terms for purposes of notice.
Acceptance. You may confirm acceptance of these Terms in writing, digitally, or electronically, including by an affirmative click or electronic signature, with the version and time of acceptance recorded. Any counterparts created will constitute a single original document.
Conflicts. If any conflict arises between Supplier terms and these Terms, the Travel Client Agreement, or Trip Documentation, the specific mandatory Supplier rules will govern that Supplier’s service, but will not diminish Odyssey’s express commitments. A signed Travel Client Agreement or accepted Trip Documentation controls the particular Trip details, pricing, and cancellation terms if it expressly conflicts with these general Terms. These Terms otherwise control, subject to applicable law.
Termination. Upon termination of these Terms, each Party’s rights and obligations will cease immediately, but termination will not affect:
(1) either Party’s rights and obligations accrued but unsatisfied at termination; or
(2) any provision of these Terms expressed to survive termination or by a reasonable reading of its context will survive its termination.
Governing Law. These Terms are governed exclusively by the laws of Connecticut without regard to conflict-of-laws principles of any jurisdiction.
Dispute Resolution. If any dispute arises under these Terms, the Parties will use all reasonable efforts to resolve the dispute through informal direct communications.
Courts. If the Parties are unable to resolve a dispute through informal direct communications within 30 days after written notice, they will first attempt non-binding mediation in Connecticut by agreement on a mediator. A party may seek urgent relief or file a claim to preserve a limitation period. If mediation does not resolve the claim, either party may proceed in the state or federal courts serving Fairfield County, Connecticut, except where mandatory law requires another forum. Neither Party will bring a class or representative claim to the extent such waiver is permitted by law.
Equitable Relief. Either Party may seek injunctive or other equitable relief to remedy any actual or threatened breach of these Terms.
Further Assurances. Each Party will perform additional acts as necessary to effect these Terms. The Parties will address together in good faith any unforeseen issues that arise from these Terms with a view to mitigating any material adverse impact on either Party.
Entire Agreement. These Terms, which include the Travel Client Agreement, represent the entire agreement and supersede all prior agreements between the Parties regarding their subject matter, written or oral, express or implied.
TRAVELER ACCEPTANCE
Booking reference: ____________________. I have reviewed these Terms, the accepted itinerary and quotation, the payment and cancellation schedule, and any disclosed material Supplier terms. I accept these Terms for myself and confirm the authority stated above for any person for whom I sign.
Traveler name: ____________________ Signature: ____________________ Date: ____________________