BOOKING TERMS AND CONDITIONS

The Booking Contract

Medical Conditions and special requirements
General Limitation of Liability
Third Parties
Photography + Videography
Indemnity
Responsibility Clause

Itineraries
Prices
Name Change
Travel Documents
Payment Schedule
Cancellation and Penalties
Roommate Match Program

Thank you for booking and/or traveling on a Ellusive & Co Inc. curated experience. These Terms and Conditions (the “Terms”) apply to any travel products and/or services you have booked with or purchased from Ellusive & Co Inc., and govern the contractual relationship between you and Ellusive & Co Inc. with respect to any such travel products and/or services (hereinafter, the “Products”). Please read these Terms carefully as by booking any Product with Ellusive & Co., or by traveling on a Ellusive & Co. you acknowledge that you: i) have read and understand these Terms, and ii) indicate your express acceptance of and agree to be bound by these Terms. If you have confirmed a booking on any Products with more than one client named and booked on such booking, you shall be deemed to have accepted these Terms on behalf of all clients named in the booking (including minors and those under a disability) and traveling on or otherwise participating in any Products (hereinafter “you”, the “Client(s)”), and by such travel or participation all passengers indicate their assent to these Terms. The client who confirmed the booking is deemed to be the designated contact person for all other clients named in such booking. These Terms constitute the entire agreement between the Client and Ellusive & Co. with respect to the subject matter thereof and supersedes all prior agreements, representations and understandings of the parties, written or oral.

1. THE BOOKING CONTRACT

A booking is confirmed and these Terms shall apply when Ellusive & Co., or an authorized agent acting on Ellusive & Co. behalf, have received the applicable deposit from the Client and the Client has received written confirmation from Ellusive & Co. of such booking. The Client confirming the booking must be no less than 21 years of age and agrees to provide full, complete and accurate information as requested by Ellusive & Co. to confirm such booking. Any Client confirming a booking on any Products with more than one Client named and booked on such booking represents and warrants to Ellusive & Co. that: i) they have all requisite consents and authority to make such booking on behalf of all other Clients named on the booking, and have communicated all necessary information to the other Clients in order for them to give free and fully informed authorization to do so; ii) the information that they are providing regarding all clients is complete and accurate, and they have obtained all necessary consents and permissions to share such information with Ellusive & Co. for the purposes of completing the booking; and iii) they will inform all other named Clients on the relevant booking of the applicability of these Terms to the booking and the Clients’ relationship with Ellusive & Co.
At any time before a booking is confirmed, Ellusive & Co. reserves the right to increase or decrease brochure prices of any Products. Ellusive & Co. reserves the right to decline any booking, in their sole discretion.

2. MEDICAL CONDITIONS AND SPECIAL REQUIREMENTS

All Clients should consult their physician regarding their fitness for travel. Ellusive & Co. encourages all Clients to seek their physician’s advice regarding necessary or advisable vaccinations, medical precautions, or other medical concerns regarding the entirety of the Client’s travel with Ellusive & Co. Ellusive & Co. does not provide medical advice. Clients must notify Ellusive & Co. in writing prior to the due date of their final payment for their booking of any medical conditions, pregnancy, disability or any other mental and or physical condition which may impact the Client’s fitness to travel, and/or any continuing medical condition. Full disclosure of such information is a condition of traveling on any Product or in any capacity with Ellusive & Co. Certain Products may not be suitable for all people due to restrictions posed by limitations in mobility, physical or cognitive disability, pregnancy or various other physical or mental conditions. It is the Client’s responsibility to assess the risks and requirements of each Product in light of such Client’s limitations, physical and mental fitness and condition, and any medical requirements or issues of such Client. Ellusive & Co. may refuse to carry pregnant women over 24 weeks or Clients with certain conditions, if suitable accommodation or alternate Products or services cannot be arranged. Travel, as offered by Ellusive & Co., by its nature may involve visiting remote or less developed regions, where medical facilities may not meet the standards of those found in a Client’s home country. The condition of medical facilities in the countries in which Ellusive & Co. operates varies and Ellusive & Co. makes no representations and gives no warranties in relation to the standard of such facilities or medical treatment in those regions. Ellusive & Co. will endeavor to accommodate the special requests of Clients, such as dietary and accommodation requests, but such requests do not form part of these Terms or the contract between Client and Ellusive & Co. and Ellusive & Co. is not liable for any failure to accommodate or fulfill such requests.

3. GENERAL LIMITATION OF LIABILITY

In no event shall host, including its officers, directors, employees, representatives, affiliates, or providers (collectively, the “covered parties”), be liable for any injury, death, loss, claim, damage, act of god, delay, or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arise out of or are in any way connected with any use of this site or with any delay or inability to use this site, or for any information, software, products or services obtained through this site, even if host has been advised of the possibility of such damages.
Further, the covered parties accept no responsibilities for any damage and/or delay due to provider cancellations, shortages, sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather or causes beyond the covered parties’ control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No covered party shall be responsible for any provider’s breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall any covered party be responsible for any other wrongdoing of a provider (including any liability in tort), as to any products and/or services available through this site. No covered party shall be responsible for any provider’s failure to comply with these terms and conditions nor for any provider’s failure to comply with applicable federal, state and local law including, without limitation, laws governing the sale, warranty, and return of perishables.
If, notwithstanding the above, a covered party is found liable for any loss or damage relating to the use of this site, user agrees the liability of any such party shall in no event exceed the fee or charge to the user assessed by host for making a purchase.

TRAVEL SERVICE LIMITATION OF LIABILITY

Host is acting as an agent for airlines or other travel service providers (collectively, “Travel Suppliers”) in selling travel services, or in accepting reservations or bookings for such services to be provided to you. Host does not assume liability for any injury, damage, death, loss, or delay due to an act of negligence or the default of a Travel Supplier, or by an act of God. Further, no responsibilities are accepted for any damage and/or delay due to sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather or causes beyond Host’s control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. The contract of carriage in use by a Travel Supplier, when issued, shall be between the Travel Supplier and the traveler.
Ellusive & Co. is not responsible for any air transportation to the travel event, nor would Ellusive & Co. be responsible for any transportation costs related to planned activities.

4. THIRD PARTIES

If you use this Site to purchase products or services for or on behalf of a third party (“Third Party”), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site including all rules and restrictions applicable thereto. Each User using this Site for or on behalf of a Third Party agrees to indemnify and hold each Covered Party harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third Party’s or the User’s failure to fulfill any of its obligations as described above.

5. PHOTOGRAPHY AND VIDEOGRAPHY

Ellusive & Co. and any parties that they transfer rights to, has the exclusive right to include photographic, video and other visual portrayals of Traveler in any pictorial medium of any nature whatsoever for the purpose of trade, advertising, sales, publicity or otherwise, without compensation to Traveler, and all rights, title and interest therein (including all worldwide copyrights therein) shall be Ellusive & Co. sole property, free from any claims by Traveler or any person deriving any rights or interest from Traveler.

6. INDEMNITY

By booking the travel event, you (the traveler) agree to release and hold harmless Ellusive & Co., and their respective officers, directors, members, managers, principals, employees, representatives, attorneys, insurers, reinsurers, successors, assigns, and agents, (collectively, the Released Parties) from and against any claim or cause of action arising out of or in connection with your travel on and participation in the travel event, including, but not limited to:
(1) injury, death or delay of travelers, or loss, damage or delay of or to travelers’ baggage or other property, which may be caused, directly or indirectly, in whole or in part, from participation in the travel event, including, without limitation, traveler’s use of or participation in any excursion, concession or athletic or recreational activity;
(2) lost or incorrect reservations;
(3) emotional distress, mental suffering or anguish or psychological injury of any kind under any circumstances (except when such damages were caused by the Released Parties’ negligence and resulted from the same traveler’s sustaining actual physical injury, or having been at risk of actual physical injury, or when such damages are held to have been intentionally inflicted by the Released Parties); (4) any change in scheduled travel event events. You further agree that the Released Parties shall not be held vicariously liable for the intentional or negligent acts of any persons employed by any of the Released Parties, nor for any intentional or negligent acts of any of the Released Parties’ employees committed while off duty or outside the course and scope of their employment.

7. RESPONSIBILITY CLAUSE

Host acts only as agent for the various carriers for which tickets are provided and assumes no responsibility or liability in connection with the service for any vessel, carriage, motor vehicle or other conveyance which may be used wholly or in part, in the performance of its duty to travelers; neither will they be responsible for the vehicle, or through neglect or default of any company or person engaged in conveying the traveler. Host shall not be responsible for any breach of contract.

8. ITINERARIES

The travel event coordinators have reserved the right to cancel or change itineraries at any time. All events, and talent, are subject to change.

9. PRICES

Due to the nature of travel and the prices of the resources on which it depends, the published price of any Product is subject to change at any time, before or after booking confirmation, up to 30 days before the departure of such Product. After a Confirmation Invoice has been issued by Ellusive & Co. to the Client, Ellusive & Co. reserves the right to impose surcharges on any Product(s), but only for reasons arising from increases in transportation costs, fuel costs, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airport charges, local operator costs, currency and exchange fluctuations, increases in taxes, or government action which impacts the price of the applicable Product(s), but only where the increase in question is greater than 2% of the original price paid for the Product (excluding add-ons, insurance, and taxes). Ellusive & Co. shall provide notice to the affected Client as soon as reasonably possible upon learning of the necessity to impose a surcharge in accordance with this section.
Where the increase in price is greater than 7% of the price of the applicable Product, upon receiving notification from Ellusive & Co. the affected Client(s) may elect to either:
(i) cancel the applicable Product booking without incurring any penalty; or
(ii) accept the change of price.
The Client must notify Ellusive & Co. of their election within 14 days of receipt of notice of the increase, or they shall have been deemed to have accepted the price change and have accepted liability for payment of the increase.
Tours are priced and advertised exclusive of applicable sales taxes and such taxes will be advised to Client at the time of booking and itemized on subsequent invoicing.

10. NAME CHANGES

Name changes are permitted for up to $100 per person. Name Changes are not permitted for the Roommate Match Program. Name changes can only be made with people not currently booked for the travel event. The person taking your place needs to register with a staff member at Ellusive & Co. and provide their credit card information. You must work out the money already paid between yourselves. The person taking your place pays the remaining balance to Ellusive & Co.
When you are ready to complete the name change, email one of the staff at Ellusive & Co. the name of the person taking your place and who is paying the fee of up to $100.00 name change fee.
Also have your roommate email one of the staff at Ellusive & Co. that they approve the name change. No name change will take place until everyone on the reservation agrees in writing to the change. Once all the emails have been received, the name change will be completed. The name change fee of up to $100.00 will be charged and confirmation will be emailed to all roommates. Name changes can be completed up to 60 days prior to the travel event. No name changes will be made after the deadline.

11. TRAVEL DOCUMENTS
Valid Passport:
The Client is entirely responsible for securing and must be in possession at all times while on a Product tour of a valid passport required for entry, departure and travel to each country or region visited or traveled through throughout the itinerary of the applicable Product tour, and for re-entry to the Client’s country of residence or departure (passport must be valid six months past the last date of travel with Ellusive & Co.), as well as all visas, permits and certificates including vaccination certificates and insurance policies, required for entry into all regions and participation in all parts of the Product tour itinerary. The Client accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the Product tour, and is solely responsible for any adverse consequences resulting from missing or defective documentation. Client agrees that they are responsible for the full amount of any loss or expense suffered or paid by Ellusive & Co. or any of its third-party suppliers which are a direct result of the Client’s failure to secure proper travel documentation. Any information or advice given by Ellusive & Co. regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the Client, and Ellusive & Co. is not responsible for any errors or omissions in the information provided, or in the information provided to Clients by third parties such as government or travel authorities.
Documents:
Please note that all travel documents for Products such as vouchers, itineraries and invoices will be sent electronically and via email to the e-mail address provided on booking. Ellusive & Co. reserves the right to impose an administration fee on those Clients who wish to receive their travel documents by other means.
Trip Details: The Client acknowledges that due to the changing nature of travel, they are responsible for keeping up to date on the details of their travel on the Ellusive & Co. website, including, but not limited to checking the website at least 72 hours prior to departure to ensure the Client has the most current Trip Details as minor changes may have been made since the tour documents were originally provided by Ellusive & Co.

12. PAYMENT SCHEDULE

All guests can pay in full or choose a payment plan.
Clients should refer to the confirmation email sent by Ellusive & Co. and/or their applicable confirmation email for details regarding final payment for any Products booked. Payment of the balance of the price for any Product is due no less than 120- 90 days before the departure date of the first Product to depart (of the Products included in such booking). If full payment is not received by such due date, Ellusive & Co. may change the rate payable for the Product, or may treat the booking of such Product as cancelled and shall retain the amount paid on booking as a cancellation fee, at Ellusive & Co.’ sole discretion. If a Product is booked less than 90 days before the departure date of the first Product to depart (of the Products included in such booking) then the full amount is payable at the time of booking in order for the booking to be confirmed. If, for any Product, payment terms differ from those outlined in this section, the applicable terms will be communicated to the Client prior to booking and shall also be detailed on the applicable invoice.
Monthly Payment Plan Deposit as follows:
The deposit per person is charged at the time of booking & the total remaining balance will be split into equal installments. Completed payment is 120-90 days before the departure date of the first product to depart (of the products included in such booking).
Late Payment:
Failure to make a payment on the agreed upon date, will result in a late fee of $25 per day until the seventh day, after which will be considered a breach of contract and will result in the cancellation of your booking. Ellusive & Co. maintains the right to assign your spot to the next eligible client on the wait list. All payments will be forfeited.
Client Details:
As a condition to valid confirmation of any booking with Ellusive & Co. (including all Products) the Client must provide all necessary information as requested by Ellusive & Co. along with their initial payment. If the Client fails to provide such information prior to 120 days before the departure of the purchased Product, an Administrative Fee will be charged to the Client, and Ellusive & Co. reserves the right to treat such booking as cancelled and levy any cancellation fees deemed reasonable by Ellusive & Co., in its sole discretion. The information required from each Client will vary by Product purchased, and the requirements will be communicated to the Clients during the booking process.
Credit Card Charges:
Ellusive & Co. and payable by the Client as a result of credit card or other payment transactions in connection with the purchase of Products will not refund or return any fees charged by such third parties in connection with payments made by Clients to Ellusive & Co.

13. CANCELLATION AND PENALTIES

Initial deposits are fully refundable for 14 days after it has been paid, unless otherwise stated on the booking page. After 14 days your deposit is non refundable.
All payments after the initial deposit are Non-Refundable and Non-transferable. ALL NO SHOWS WILL BE ASSESSED A 100% cancellation penalty.
Any cancellation of a booking and/or a Product by a Client must be delivered to Ellusive & Co. in writing and be acknowledged by Ellusive & Co. in writing. Deposits are NON-REFUNDABLE and NON-TRANSFERABLE between persons.
It is recommended that Ellusive & Co. clients PURCHASE trip cancellation coverage. Trip cancellation insurance is the only means of receiving reimbursement for flights and other non-refundable expenses should you cancel your Ellusive & Co. trip for any reason, whether voluntarily or as a result of Ellusive & Co. actions.
Ellusive & Co. is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the cancelled booking such as visas, vaccinations, non-refundable flights or rail, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc.
To cancel services booked through third party vendors, please contact the applicable vendor.

ROOMMATE MATCHING PROGRAM

The roommate matching program gives you the freedom to select the double occupancy rate. This program is available for those traveling alone, and who are willing to be matched with another traveler of the same sex.
Here are the rules:

All singles will be matched with the same sex.
Those purchasing a double occupancy package can expect to be matched with one roommate, and those purchasing a triple occupancy package will be matched with two roommates.
Our team will make every effort possible to connect you and your roommates prior to arriving at the event.
Should our team be unable to find a roommate match, an additional charge of up to $1,000 will be assessed.
Get excited because this will be an amazing experience.

Your decision to accept a roommate for the travel event is at your own risk. Ellusive & Co., its partners with respect to the travel event, each of their related companies, and each of their respective, directors, officers, agents , employees, and contractors (collectively, the Released Parties), are not responsible nor liable for any and all claims or cause of action arising out of or in connection with your selection of a roommate for the travel event. This includes without limitation, any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from such request or selection.
*Double occupancy may be a shared king, queen or double bed

If you are interested in the roommate matching program, you can indicate interest in the registration process.