By checking the box above, I agree to all the terms in the following waiver.
Erik’s Adventures LLC - Marathon Expeditions Terms and Conditions/Liability Release form for the 2022 Inca Trail Marathon Adventure.
Please read the Terms and Conditions very carefully. They outline the terms under which Erik’s Adventures, LLC and Marathon Expeditions will operate and they limit our liabilities. These booking conditions will form part of your contract with the Tour Operators: Erik's Adventures LLC- registered at 121 Overlook Drive, Wilmington NC 28411 and Marathon Expeditions registered at 4590 N Avenida Del Cazador, Tucson, AZ 85718.
Different terms and conditions may apply between you and any one of the hotels, car rental companies, cruise companies, trains, and airlines, other service providers, sales agents, and any other entities that are associated with your itinerary.
TRAVEL DOCUMENTS: It is the passenger’s responsibility to ensure that all of his or her visa and passport requirements are met, we will not be liable for these. All participants must be in possession of a passport valid for at least six months beyond the re-entry date into your home country and with two or more blank pages. Visas and necessary vaccinations may be required for some or all of the countries visited on your tour. Please check the visa requirements at the time of booking and prior to travel.
HEALTH REQUIREMENTS: Health regulations for some countries visited on your tour may require proof of inoculations and/or vaccination certificate; such certificate should be in your possession throughout the entire tour. For this tour- It is our recommendation that you consult your personal physician and Passport Health via the web at www.passporthealthusa.com in regards to your specific trip itinerary and required inoculations. Erik’s Adventures, LLC and Marathon Expeditions will not be held liable if you do not have proper vaccinations/inoculations.
RESERVATION OF RIGHTS:
Erik’s Adventures, LLC and Marathon Expeditions (when deemed necessary) reserves the right to: (1) cancel any itinerary or any part of it (2) make any alteration to the itinerary including but not limited to, alteration to a substitution of hotels, campsites, daily hiking plans, alternate trails, etc (3) Erik’s Adventures and Marathon Expeditions reserve the right to alter or cancel the itinerary if necessary due to safety concerns, circumstances outside its control including but not limited to: worker strikes, bad weather, government issues and changing government regulations, road closures, the destination being inaccessible, medical epidemics and pandemics, dangerous trail conditions, natural disasters, quarantines, wars or terrorism, etc. (4) We retain the right to decline to accept to retain any person as a tour passenger should such person’s health, mental or physical condition, in the sole opinion of Erik’s Adventures, LLC and Marathon Expeditions impede the operation of the tour for the other passengers. Tour members are held responsible for being insufficiently good health to undertake the tour. If a passenger is asked to leave while the tour is in progress, that person will be responsible for charges incurred on account of such departure from the tour and/or their return to the USA.
RESPONSIBILITY – LIMITATIONS OF LIABILITY: Erik’s Adventures, LLC, Marathon Expeditions, and its associates act only as agents for the owners and contractors providing means of transportation and other related services and shall not be or become liable or responsible in any way in connection with such means of transportation or other services, or for any loss, injury or damage to, or in respect of any person or property howsoever caused or arising. Erik’s Adventures, LLC and Marathon Expeditions does not control the operations of these agents and as a result CANNOT BE HELD LIABLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER CLAIM (including refunds or credits for the tour) which may occur as the result of any and/or all of the following (1) the wrongful, the negligent or arbitrary acts or omissions on the part of the independent supplier, agent, its employees or others who are not under the direct control or supervision of Erik’s Adventures, LLC and Marathon Expeditions (2) defects or failures of any vessel, aircraft, vehicle or other instrumentality which is under the control of an independent supplier; or (3) loss, injury or damage to person, property or otherwise, resulting directly or indirectly from any Acts God, dangers incident to the sea, fire, breakdown in machinery or equipment, or wars (whether declared or not), hostilities, civil disturbances, strikes, riots, theist, pilferage, medical epidemics, quarantines or customs regulation, defaults, (4) Delays or cancellations or alterations in the trip itinerary due to schedule changes, or from any causes beyond Erik’s Adventures, LLC and Marathon Expedtions control. (5)
Further Erik’s Adventures, LLC and Marathon Expeditions are not liable for any loss or damage resulting from insufficient or improperly issued passports, visas, or other legal documents. (6) This Tour involves some inherent dangers and risks associated with the activities that make up parts of the tour, and that it potentially may be hazardous. You agree to expressly assume all known and unknown risks associated with this Tour, including but not limited to: loss of or damage your property; injury (including death); and accidents. Erik’s Adventures and Marathon Expeditions are not liable for any injury, sickness, or in the unlikely event of death that could happen on tour or as a result of participating on the tour or any activity within the tour. Certain activities carry a higher risk of injury than others and all participants entering into any activity do so on their own free and assume all risks.
In consideration of my participation in this tour, I, for myself, my heirs, executors, administrators, personal representatives, successors and assigns (a) waive and release any and all rights, claims and causes of action I have or may have against Erik's Adventures LLC or Marathon Expeditions that may arise as a result of my participation in this tour; and (b) agree to indemnify, defend, and hold harmless Erik's Adventures and Marathon Expeditions from and against any and all injuries, losses, causes of action, liabilities, damages, expenses (including attorney’s fees and court costs) or claims (collectively, “Claims”) that might arise directly or indirectly from my participation in the tour and/or the condition of the raceway, property, facilities or equipment used for the Event, regardless of when such Claim may arise including, without limitation, Claims relating to (i) theft, loss or disappearance of property, (ii) bodily injury (including fatality), and (iii) property damage, for all claims and losses (including attorney’s fees and court costs), which may be brought against any one or more of them by anyone claiming to have been injured or otherwise to have suffered loss or damage as a result of my participation in the tour.
TRAVEL PROTECTION PLAN: We VERY strongly recommend that you opt for a travel protection policy should there be any unforeseen circumstances that may lead to the cancellation of your tour or personal injury.
*we very strongly suggest travel insurance coverage to mitigate your risks*.
ADDITIONAL INFORMATION PERTAINING TO THIS TRIP: CANCELLATIONS AND REFUNDS
In any event the June 2022 trip would need to be canceled or would not be able to be operated FOR ALL REASONS OUTLINED IN THE ABOVE SECTION TITLED: RESPONSIBILITY – LIMITATIONS OF LIABILITY (such as act of god, medical epidemics, etc), and including any changing government regulations that could affect the operation of the trip such as but not limited to- closure of the Inca Trail, travel warnings, travel bans, mandatory quarantines, restrictions for certain travelers, denied departure or entry to and from the United States and Peru, cancellation of flights and changing or canceled flight routes- THEN any new money paid to join the 2022 trip as well the original money paid for the June 2020 trip booking that is being used as a credit towards the 2022 trip would be nonrefundable. There will not be any deferral options or credits offered if the June 2022 trip has to be canceled or cannot be operated for any of the reasons outlined in this document. We reserve the right to cancel the June 2022 trip or any portion of it. The option to join the new trip in June 2022 at a reduced rate is a one time offer. No refunds will be given. Erik's Adventures LLC and Marathon Expeditions will not be liable in any circumstance for any refunds. By agreeing to these terms and signing this digital document you agree to and understand these policies
associated with participating on the trip scheduled for June 2022.
DISCLAIMER: Please note that the tour information shown in your final itinerary may have changed by the time you actually travel. While every effort is being made to ensure the accuracy of the itinerary at the time of finalizing your tour, errors do occasionally occur. You must therefore check all details of your chosen holiday arrangements. All coupons, vouchers, invoices, contracts, and tickets issued by Erik’s Adventures LLC and Marathon Expeditions, are subject to the terms and conditions outlined above.
By signing this agreement, I acknowledge I have been made aware and understand of certain higher risks of traveling to different and less developed countries and have been advised to read the US State Department (or similar gov agency for participants from other countries) warnings and travel alerts. I agree to travel and participate in this tour of my own free will and understand the risks, the refund policy, and the cancellation terms. I acknowledge I have been advised about travel insurance for this trip and been made aware of the benefits of having it. Should I choose to forgo coverage I do so of my own free will and assume all the risks associated with this trip.
BY AGREEING TO THESE TERMS AND SIGNING THIS DOCUMENT YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU ALSO UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
By entering and signing my name in the Electronic Signature Field, I hereby certify that I have read and accepted the Terms and Conditions as described above. I further understand that a typed and digital signature version of my name is being accepted as my original signature pursuant to the Federal Electronic Records and Signature Act.
