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Booking Terms & Conditions

 

Reservations, Deposits & Payments

To secure your spot on a trip, a deposit of $750.00 and completed enrollment form are required. This deposit applies to the total trip cost. Final payments are due 120 days before departure unless stated otherwise. Late payments will be treated as cancellations and may incur cancellation charges.

 

By booking a Spark Birding Tours trip, you agree to the terms outlined in the Release, Limitation of Liability, Assumption of Risk & Binding Arbitration Agreement below and on our website at sparkbirding.com/travelterms. These terms may be updated, and it is your responsibility to review them. Updates take effect upon posting, written notice, or your continued use of services.

 

Tour Costs

Included: Accommodations, meals (with applicable taxes), local transfers, tours, and activities as specified in the itinerary. If listed accommodations are unavailable, comparable options will be provided.

 

Not Included: Items not explicitly mentioned, such as airport taxes, passports, visas, insurance, personal expenses (e.g., alcohol, laundry, calls), and tips unless otherwise noted.

 

Pricing is based on current rates and is subject to change due to factors like enrollment changes, currency fluctuations, taxes, or fuel surcharges, even after full payment. Participants must pay any resulting adjustments.

 

Cancellations & Refunds

 

Land Programs:

120+ days before departure: Refundable minus a $500 processing fee.

Less than 120 days before departure: Non-refundable.

Cancellations must be submitted in writing and take effect upon notification. Spark Birding is not responsible for preparation expenses (e.g., non-refundable flights, visas, insurance) or trip cancellations. Participant substitutions may be accepted, provided direct costs are covered.

 

Physical Accessibility

Participants must be physically capable of independent mobility, including boarding vehicles, climbing stairs, and crossing thresholds. Travelers needing assistance must bring a companion responsible for their needs. No special accommodations are made for medical conditions or disabilities.

 

Travel Insurance

Trip cancellation insurance is strongly recommended. Coverage for pre-existing conditions or “cancel for any reason” policies often requires early purchase after the initial deposit.

 

Assumption of Risk

Participation in tours involves risks, including those related to adventure activities, natural disasters, travel conditions, illness, and other unforeseen circumstances. By joining, participants acknowledge and accept these risks. Spark Birding reserves the right to remove individuals deemed unfit for activities or disruptive to the group, without refund.

 

Liability Release

Participants assume responsibility for their well-being and release Spark Birding Tours and its affiliates from liability for any incidents, including injury, illness, or loss, to the fullest extent permitted by law.

 

Binding Arbitration

Disputes related to this agreement or the tour will be resolved through binding arbitration in Concord, NH, under New Hampshire law. Participants waive the right to a jury trial or class action lawsuits.

 

General Acknowledgements

Participants agree to review all materials governing their trip and acknowledge the legal consequences of their participation. Execution of electronic agreements constitutes acceptance of these terms.

 

General Release - Release, Limitation of Liability, Assumption of Risk & Binding Arbitration Agreement

 

Please read this release carefully as it is a legally binding contract. We must have an acknowledgement from each traveler (whether adult or a minor under 18 years old) by signing a participant form. A parent/guardian must acknowledge this General Release on behalf of a minor who is participating on a tour.

 

Responsibility

 

Spark Birding, LLC, including its owners, employees, shareholders, affiliated entities, agents, representatives, officers, directors, associates, volunteers, successors, and assigns (collectively referred to as “Spark Birding”), acts solely as an intermediary for its suppliers and accepts no responsibility or liability for any negligent or intentional acts or omissions by suppliers or other third parties, nor for their financial instability, bankruptcy, or dissolution. The services provided by suppliers are subject to their individual terms and conditions, as well as the laws and regulations of the relevant country.

 

I take full responsibility for verifying and meeting all passport, visa, vaccination, or other entry requirements for each destination, as well as reviewing the safety and security conditions of those locations. I also consent to Spark Birding using any photographs taken of me during the trip for marketing or other purposes.

 

I understand that during my trip, including travel to and from the destination, I may be exposed to illnesses through contact with other people, animals, or objects. I willingly assume all risks associated with such exposure, including illness, incapacity, or death, and agree to release Spark Birding, LLC from any liability related to these risks, whether for myself or any minor in my care. Additionally, I acknowledge that the U.S. Department of State and the Centers for Disease Control and Prevention may issue advisories or warnings regarding these or other travel-related risks. See https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html and https://wwwnc.cdc.gov/travel/destinations/list

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I acknowledge and accept the following risks associated with participating in this trip, including but not limited to: risks related to upper respiratory infections and other illnesses, such as restricted access to public or private buildings, land, or areas, as well as inconveniences, limitations, and closures. I also accept risks involving transportation issues, including difficulties entering or exiting any country, disruptions to transportation systems, or the unavailability of features or attractions in the destination country. I agree to bear any expenses incurred as a result of these risks, including medical costs, testing fees, quarantine, and evacuation expenses.

 

Release of Liability

As lawful consideration of, and as part of the payment for, the right to participate in the tour, and as part of the payment for the services arranged for me by Spark Birding, LLC, I HEREBY EXPRESSLY AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE AND ASSUME ALL OF THE ABOVE RISKS, INCLUDING BOTH THOSE KNOWN AND UNKNOWN TO ME.

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As lawful consideration for and as part of the payment for the right to participate in the tour and the services arranged by Spark Birding, LLC, I HEREBY EXPRESSLY AGREE TO RELEASE, DISCHARGE, AND FOREVER HOLD HARMLESS Spark Birding, LLC, along with its owners, employees, shareholders, affiliated entities, agents, representatives, officers, directors, associates, volunteers, successors, and assigns, from any and all liability, actions, causes of action, debts, suits, claims, and demands of any kind and nature whatsoever, whether existing now or arising in the future, related to my tour or participation in activities arranged by Spark Birding, LLC.

 

I AGREE THAT THIS AGREEMENT SERVES AS A FULL RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, all members of my family, and any minors traveling with me, as well as my and their heirs, successors, assigns, and legal representatives. I fully accept all risks associated with this tour and release Spark Birding, LLC from any and all liability to the maximum extent permitted by law.

 

Parent or Guardian on Behalf of a Minor Traveler

In consideration of the services (“tour”) provided by Spark Birding, LLC (“Spark Birding,” “we,” or “us”), I, as an adult traveler or as the parent or legal guardian of a traveler who is a minor (under 18 years of age; the “Child” or “Minor”), acknowledge and agree to these terms and conditions to the fullest extent allowed by law, either on my own behalf or, if applicable, on behalf of the Child.

 

Indemnification

I further agree to “indemnify” (meaning to defend and to pay or reimburse  Spark Birding, LLC against any claim by any person, including minors, arising in whole or in part from an injury or other loss suffered or caused by me in connection with the tour or my participation in the Adventure Activities.

 

Binding Arbitration

Any dispute concerning, relating or referring to this Agreement, the brochure or any other literature concerning the trip, or the trip itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. Sections 1-16, either according to the then existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by Merrimack County Superior Court located in Concord, NH. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Please understand that by agreeing to these terms and conditions, the participant and Spark Birding are waiving the right to a trial by jury.  Any arbitration commenced against Spark Birding must be on behalf of only the signatory to this Agreement and his or her immediate family members who travelled with signatory, such as a spouse or child.  Under no circumstances can participant be part of a class or other joint action.

 

Class Action Waiver and No Punitive Damages

You are waiving your right to serve as a representative, litigant, or in any other representative capacity, and/or to participate as a member of a class of claimants, in any lawsuit/arbitration filed against us In no event shall we be liable for or pay punitive damages.

 

Knowing and Voluntary Execution

I have carefully reviewed and fully understand the terms and legal implications of this agreement, and I willingly accept all its conditions. I acknowledge that if any part of this agreement is deemed invalid or unenforceable, the remaining provisions will continue to be fully effective.

 

I understand that the pricing of the tour reflects my acceptance of these terms and their enforceability. Without this agreement, the tour cost would have been higher, or Spark Birding, LLC would not have been able to provide these services. I agree that signing a facsimile copy or electronically transmitting this agreement is equivalent to signing the original document.

 

By participating in a Spark Birding tour, I also confirm that I have carefully read, fully understand, and agree to the Spark Birding Booking Terms and Conditions, the itinerary for my specific trip, and any other materials provided by Spark Birding that govern my participation.

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