Ember & Earth Travel Ltd.
Terms and Conditions of Ember and Earth Travel Ltd.
Ember & Earth Travel Ltd. : Terms & Conditions
Last Updated: February 17, 2025
By booking an experience with Ember & Earth Travel Ltd. and paying your deposit, you acknowledge and agree to the following Terms & Conditions. These guidelines ensure the safety and enjoyment of your adventure, and we aim to be transparent about everything, so you have a clear understanding of what to expect. If you have any questions, don’t hesitate to reach out!
1. Assumption of Risk and Release
Travel, especially to new and unique destinations, carries certain inherent risks. While we carefully choose our destinations, collaborate with local partners, and create enriching experiences, we want you to be aware that some unpredictability is always part of the journey.
In booking your trip, you acknowledge and accept the following risks:
• Travel can involve a variety of risks, including safety concerns, unfamiliar environments, and possible health challenges.
• Experiences may take place in areas where infrastructure, medical care, cleanliness, and safety standards differ from those in your home country.
• Activities could include varying levels of risk such as hiking, remote travel, exploring unfamiliar environments, and engaging with different cultures.
• Certain locations may have higher-than-usual crime rates or other safety concerns.
By securing your spot with Ember & Earth Travel Ltd., you accept all risks related to the journey and agree to hold Ember & Earth Travel, its employees, and partners harmless for any issues that may arise related to these experiences. This release applies to both you and your heirs and is in addition to any other waivers you may sign.
2. Health & Medical Considerations
Medical care standards can differ dramatically from country to country. While we make every effort to provide a safe environment, it’s important for travellers to understand that access to medical care in remote or rural areas may be limited or different from what you’re accustomed to.
In booking with us, you acknowledge:
• Medical facilities and healthcare quality can vary significantly in different locations, and some destinations may be remote with limited access to medical support.
• We encourage all participants to purchase travel medical insurance to ensure you are covered in the event of an emergency.
• If you have any pre-existing medical conditions or disabilities that could affect your trip, please notify us ahead of time so we can take appropriate steps.
In addition, by booking and paying your deposit, you agree to:
• Confirm that you are in good health to participate in our activities.
• Acknowledge that you have no medical restrictions that would hinder your participation in the experience.
• Understand that you are responsible for your own medical needs and any related costs during the trip.
If you have concerns about your ability to participate due to health reasons, please contact us prior to booking. We may request a medical certificate if necessary, and we’ll treat this information confidentially. Please note that Ember & Earth Travel reserves the right to decline participation based on health-related concerns that could affect your safety or the safety of others.
3. Travel Insurance
All travellers must obtain travel medical insurance for the duration of their trip. This insurance is mandatory to cover potential emergencies or medical situations that may arise while traveling.
Your insurance should include:
• Coverage for personal injury, medical expenses, evacuation, and repatriation.
• Recommended coverage for trip cancellation, interruption, and personal property loss or theft.
• Confirmation that your policy covers all activities (both included and optional) listed in your itinerary.
You are responsible for purchasing the appropriate coverage and for providing proof of insurance prior to departure. Ember & Earth Travel Ltd. is not responsible for any loss, theft, injury, or damage to personal property.
While we require medical coverage, we highly recommend full travel insurance that includes trip delays, cancellations, and property coverage for peace of mind.
Deposits & Cancellations
Deposits: A non-refundable deposit is required to secure your reservation. The deposit amount will be confirmed upon booking, and payment must be made within 48 hours of receiving our email confirmation after you have sent in your registration form. This ensures your spot in our group.
Final Payment: The remaining balance is due by the date specified in your trip details. Failure to pay the balance by the deadline may result in forfeiting your reservation and deposit.
Cancellation:
• If you need to cancel anytime 60 days prior to the start of the trip, we will make our best effort to fill your spot with a suitable candidate. If we successfully do so or you find a replacement, a refund of your deposit minus a $500 cancellation fee may be applied.
• If you cancel within 48 hours of confirming your booking, you will receive a full refund of your deposit. After 48 hours, your deposit becomes non-refundable due to prepaid accommodations and activities.
5. Safety & Conduct
While we aim to provide a safe and enjoyable experience, you are responsible for your own well-being during the trip. This includes following local customs, respecting the culture and environment, and using caution during activities. If at any time you feel unsafe or have concerns, please contact the Ember & Earth Travel team for assistance.
We also ask that all participants maintain respectful and cooperative behaviour with fellow travellers, local communities, and the guides we work with. Any disruptive behaviour or failure to follow instructions may result in removal from the trip, with no refund provided.
6. Changes to the Itinerary
Occasionally, travel plans may need to change due to unforeseen circumstances such as weather conditions, transportation issues, or local events. While we make every effort to stick to the planned itinerary, you agree that we may alter activities or destinations if necessary to ensure the safety or enjoyment of the group.
7. Liability
By booking your trip, you agree to release Ember & Earth Travel from any liability related to your participation in our experiences. This includes, but is not limited to, any physical injury, illness, loss, or damage that may occur during the trip.
You also agree to assume responsibility for your personal belongings, and we cannot be held responsible for lost or stolen items during the trip.
8. CULTURAL DIFFERENCES, DRUG, & ALCOHOL POLICY
Countries we travel to may have different laws regarding drinking, drug use, and other behaviours compared to your home country. For the safety and well-being of all travellers and partners, we require that you act responsibly. Should we determine, in our sole discretion, that you are endangering yourself or others, we reserve the right to terminate your Experience with no refund.
You acknowledge that traveling abroad may expose you to unique cultural differences. These can include variations in food, drink, attire, and local laws. While Ember & Earth will provide guidance on these differences, it is your responsibility to research and respect them.
Ember & Earth does not tolerate drug use of any kind during Experiences. Responsible alcohol consumption is required for your safety and enjoyment, and you must comply with the laws of all countries visited. Failure to abide by this policy may result in immediate termination of your Experience without a refund or other liability.
This policy is in place to protect you, fellow travelers, and our partners. While we encourage cultural involvement and fun, safety is our top priority.
9. AUTHORITY DURING EXPERIENCES
Ember & Earth has carefully curated each Experience with local partners and locations to ensure a meaningful and enjoyable trip. It is vital that you comply with the instructions of your trip leader or any Ember & Earth representative.
You agree to follow the authority of the trip leader or other Ember & Earth representatives at all times. If, in the opinion of the trip leader or representatives, your actions endanger or distress others, we may terminate your Experience immediately without refund or liability.
10. FORCE MAJEURE
Sometimes, unexpected events may impact our planned itinerary. These are known as "Force Majeure" events.
In the event of a Force Majeure Event (including natural disasters, terrorism, war, pandemics, government intervention, and weather conditions), Ember & Earth Travel Ltd. is not liable for any damages or cancellations. If a Force Majeure Event causes a delay or cancellation, Ember & Earth will not be held responsible.
If Ember & Earth or any partner is affected by such an event, we may alter or cancel any itinerary or arrangements without liability.
SUPPLIERS’ CONDITIONS
Ember & Earth Travel Ltd. works with various suppliers (e.g., transport companies, hotels, etc.) to craft each Experience. While we carefully select partners, we cannot control their actions and are not responsible for their failures or errors.
When using services from our suppliers, such as transport or accommodation, you release Ember & Earth from any claims related to injury, loss, damage, or delay caused by the supplier’s negligence or actions. Suppliers may have their own terms and conditions, and you agree to abide by them.
Ember & Earth Travel Ltd.’s liability is limited to that of its suppliers. Any recovery for damages must be pursued with the relevant supplier.
12. OPTIONAL ACTIVITIES
During your Experience, you may have opportunities to participate in activities not organized by Ember & Earth. These activities are optional, and you accept full responsibility for any risks involved in participating.
We do not endorse or take responsibility for optional activities, and you assume any risks associated with them. If you choose to participate in such activities, paragraph 1 (Release & Assumption of Risk) applies.
13. PHOTOGRAPHY & IMAGES RELEASE
We take photos and videos or may hire a photographer to capture moments during your Experience. By participating, you agree to grant Ember & Earth permission to use any images or videos captured during the trip for marketing and promotional purposes.
The photographer or Ember and Earth Travel will own the rights to any photos or videos taken, and you may use them for personal purposes only, with credit to the photographer and Ember & Earth.
Ember and Earth reserves the right to use any images or videos featuring you for promotional purposes worldwide, free of charge. All photos shared by participants with Ember and Earth or its staff are also allowed to be used for any promotional purposes.
14. COMPLAINTS & CLAIMS
We value your feedback and are committed to ensuring a positive Experience. If you wish to file a complaint or claim, please email us at hello@emberandearth.com within 30 days of the Experience’s completion, with any supporting documentation.
If any issues arise during the Experience, please notify your trip leader or an Ember & Earth representative immediately so we can address them on the spot.
15. SEVERABILITY
If any part of these Terms is deemed unenforceable by law, it will be severed, and the remaining terms will continue to be valid and binding.
16. SUCCESSORS & ASSIGNS
This Agreement will be binding on both you and Ember & Earth Travel Ltd, as well as our respective heirs, legal representatives, successors, and assigns. It ensures the rights and obligations extend to those who take over responsibilities in the future.
For the purposes of this agreement, Ember and Earth Travel Ltd. may also be referred to as Ember and Earth Travel, Ember and Earth, or similar variations. All such references shall be understood to have the same legal and contractual implications as Ember and Earth Travel Ltd.
17. ENTIRE AGREEMENT
This document represents the complete and only agreement between you and Ember & Earth Travel Ltd. regarding any bookings, reservations, Experiences, trips, or transactions. Any prior conversations, promises, or representations are replaced by these Terms, and no other verbal or written agreements exist outside of what’s stated here.
18. APPLICABLE LAW AND CHOICE OF FORUM
The laws of Alberta, Canada will govern this Agreement, and any disputes will be resolved in accordance with those laws, regardless of conflicting legal principles.
Lastly,
1. If you are under the age of 18, your parent or legal guardian must review and consent to these Terms on your behalf.
*The Oaxaca November 10-17, 2024 trip is not accepting minors.
2. By “People,” we mean our officers, directors, contractors, agents, employees, and any related or affiliated entities, along with their respective officers, directors, contractors, agents, employees, and any future successors or assigns. We believe that covers everyone involved.
We can’t wait to welcome you to an unforgettable journey with Ember & Earth Travel. Please don’t hesitate to contact us with any questions or concerns. Your adventure awaits!